ملف ١٩١٢/٤٩٤٩ الجزء ٤ "أبو موسى - فرصة امتياز . ١٩٠٧". [ظ‎‎٢‎٥‎٠] (٥٢٨/٥٠٢)

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not nn. absolute grant to tbe partners of the right to mine oxide on the island for an
undetermined period. It was a mere permit to the partneis terminable o n either side
at any time.
-"That the partners were entitled to terminate the Concession is shown by the
words, “ for such a period as they may wish to hold them, but the only effect of these
words is to give the partners the right to surrender the mines and escape from the
liability to "pay 250 dollars a-year when they please. They do not imply that the
. right to terminate the contract is with the partners alone, and that the owner is
bound for ever, and can under no circumstances escape from the contract, however
valuable the mines may become.
That the lessor retained the right to determine contracts of this character is shown
by the penultimate paragraph of the document: “ I have perhaps made out certain
Agreements previous to" this. They do not hold good, and this Agreement is to be
/ ricted on.”
In these circumstances the lease appears to have been no more than a permit
to work these mines, determinable by notice on either side, the owners receiving
250 dollars a-year so long as it was in force.
The action of the ruling Sheikh in becoming a partner in the concern for a few
months in 1899 cannot affect his right to cancel the lease granted in his behalf, no
matter what complexion the Company might in future assume. Were there any
question at issue as to the genuineness of the lease granted in 1898 by Salim, the lact
that the Sheikh had subsequently become a partner would be of importance, but as he
approved the lease no such question arises, and his temporary partnership is an incident
having no direct bearing upon the points at issue.
3. In October 3 907 Hassan-bin-Ali Sawaiyeh, one of the original lessors, sold his
share in the Company to the British subject Thomas Brown, of Lingnh, who, a few days
later, transferred the share to the German firm R. \\ onekhaus and Co., of Lingah. The
Company of lessors non) apparently consists of three British subjects and the German firm
R. Wonckhaus and Co It appeals that an absolutely legitimate commercial business
is concerned.
In a letter dated the 21st February, 1907 (see Appendix, No. 8), the ruling Sheikh
of Shargah addressed a communication tollassan Samaiyeh withdrawing the document
of Concession and informing him that, the contract of 1898 being terminated, he had
no longer any right of enjoyment in regard to the mines on Abu Musa. In these
circumstances, Messrs. Wonckhaus, if they purchased without notice of the fact that
the Concession had been terminated, have been misled either by llassan Samaiyeh oi‘
by the intermediate vendor, Mr. Brown; in either case, their appropriate remedy would
appear to he an action at law against the vendor for damages.
If, when they purchased the share in the Concession, they were already aware
that it had come to an end, they have no cause for complaint at the action of the
Sheikh either in terminating the Concession or in enforcing his action by the removal
of the workmen from the island, for they bought with lull knowledge of the position.
In either event, Messrs. Wonckhaus and Co. do not appear to have any locus standi
in their capacity as partners to question the Sheikh’s action.
4. In October 1907 the Sheikh sent armed men to the island, who expelled the miners
and prevented the mines being worked. The boats with the Sheikh’s armed men were towed
to Abu Musa by the British man-of-war 11 Lapwing,'’ on board of which is said to have be.n
Lieutenant Gabriel, British Vice-Consul at Bunder Abbas.
The Sheikh had recourse to forcible measures within his own jurisdiction in
consequence of the persistent refusal of llassan Samaiyeh to desist, in accordance
with the Sheikh’s repeated injunctions, from working the mines.
As the expulsion of British subjects was in contemplation, and the British Besident
in the Persian Gulf had been duly notified of the Sheikh’s intention, it was considered
I prudent that one of llis Majesty’s ships, with a British Consular officer on board,
1 should accompany the armed force to the island, in order to prevent the use of
unnecessary violence. It was pr obably owing to ibis precaution that all b loodshe d
and loss of life were prevented. Ttve'Sneikh’s boats were towed to the island'm order
to insure their simultaneous arrival with His Majesty’s ship “ Lapwing,” and to enable
the British officers to control the action of the Sheikh’s retainers more effectively.