مجموعة ٣٧/٢٨ "بلاد فارس. وضع الرعايا البريطانيين والأشخاص الخاضعين للحماية البريطانيين بموجب قانون الجنسية الفارسي." [ظ‎‎٢‎٤‎٧] (١١١٦/٤٩٩)

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Despatch from His Majesty’s Minister, Tehran, to the Foreign OfFici?,
ISo 171 DATED THE 4TH April 1932, (Copy received under No. 75.)
With reference to my despatch No. 81 of February 20th regarding the nation- ,
alitv of a certain Hussein Jemadar of Mohammerah, and his son Ah, I have the
honour to transmit to you, herewith, a copy of a note that I have now received from
the Persian Ministry for Foreign Affairs, Article XI\ of the law of August 10th,
1894, referred to in this note, reads as follows . ^ ,
“ Aliens who have come to Persia and have concealed their nationality while
residing in the Shah’s dominions and have been treated as Persian
subjects or have purchased property which is the exclusive right of
Persian subjects shall be recognised as Persian subjects and their
claim to foreign protection shall not be admitted .
Hussein Jemadar has never concealed his foreign nationality, but it is true that he
has purchased land, though this reason is not quoted in the note.
2. The law of 7th September 1929, contains no provision corresponding to
Article XIV of the former law, if we except the notorious Article ^ I (1). The
Persian argument in applying the former law to a case that has arisen since its abro
gation is not, therefore, strictly logical, especially as this process is reversed when it
suits the Persian authorities to reverse it. Article I of the law of 1894, for example,
reads as follows :— #
“ All persons born in Persia are held to be Persian subjects unless at the
time of their birth their parents or their fathers are aliens, in which
case they are considered aliens”.
But persons who fulfil these conditions cannot avail themselves of the provisions of
the former law, should they by any mischance fail to fulfil the formalities requi
site to divest themselves of the Persian nationality which Article 1(4) or (5) oi the
new law forces upon them. _
3. In all the circumstances, however, and especially in view of the t erms 0
paragraph 3 of the note-verbale enclosed in my despatch No, 81, I do not consider
that any useful purpose would be served by replying to the Persian note.
4. I am sending a copy of this despatch to
The Government of India, No, 75,
His Majesty’s Consul at Ahwaz, No, 16.
Enclosure in Tehran despatch No. 171 of 4th April 1932 f ,
Translation from the Persian Ministry for Foreign Affairs (Passport and
Nationality Section) addressed to His Majesty’s Legation, dateu
Esfand 16th, 1310 (7th March 1932), No. 39937.
Memorandum,
The Ministry for Foreign Affairs of the Imperial Government, while aclmcw
ledging receipt of His Britannic Majesty’s Legation’s memorandum of Babnian
30th, 1310 (20th February 1932) No, 66, regarding the nationality of Hussein
Jemadar, has the honour to state as follows
As regards the statement made to the effect that “ it may be true that ^ uss j^
Jemadar has lived in Persia for many years and that he has been employed m
office of the Governor of Mohammerah, but the honourable Ministry will admit ^
neither of these facts can be adduced as evidence of his Persian nationality >
Ministry for Foreign A Fairs begs to state that, even supposing that the man wa
born in Indian territory, according to Article XIV of the Nationality Law of Shavv
1317 (August 10th, 1894) those who have come from foreign countries to Persia an^
have concealed their nationality, and whose affairs have been dealt with as th° s ®
Pers'an subjects, will be considered as Persian subjects and that any claim to loreig
nationality which may be made in their favour will not be acceptable.
In the circumstances, the officials of the honourable Legation will admi
in accordance with the existing laws and regulations of the country, Hussein, t|^^^
of Ali Jemadar is considered one of the unquestionable subjects of the Imp e
Government.
(Sealed) MINISTRY FOR FOR®®^
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