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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [16r] (31/394)
The record is made up of 1 file (195 folios). It was created in 23 Feb 1919-15 Aug 1927. It was written in English and Arabic. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
3
(3) Where this Order confers a power, or imposes a duty
on, or with respect to, a holder of an office as such, then, un
less a contrary intention appears, the power may be exercised
and the duty shall be performed by. or with respect to, the
holder for the time beino; of the office or the person tem
porarily acting* for the holder.
(4) Where this Order confers a power to make any rules,
regulations, or orders, the power shall, unless a contrary in
tention appears, be construed as including a power exercis
able in the like manner and subject to the like consent, and
conditions, if any, to rescind, revoke, vary or amend the
rules, regulations, or orders.
(5) This article shall apply to the construction of any
regulations, rules, or* orders made under this Order, unless a
contrary intention appears.
6. Where this Order refers to any specified Act or Acts
of Parliament, such reference shall, unless a contrary inten
tion appears, be deemed to include any Act or Acts amend
ing or substituted for the same.
7. In the event of the death, incapacity, removal, or
absence from Kuwait of the
Political Agent
A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency.
for the time
, being, all and every the powers, authorities, and immunities
by this' Order granted to him'shall, until His Majesty’s
further pleasure is signified through the Governor-General of
India in Council, be vested in the
Political Resident
A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency.
.
* 8. The powers conferred by this Order shall extend to
the persons and matters following, in so far as by Treaty,
grant, usage, sufferance, or other lawful means, His Majesty,
has jurisdiction in relation to such persons, matters, and
things, that is to say: —
(1) British subjects, as herein defined, within the
limits of this Order.
(2) Foreigners with respect to whom the Shaikh of
Kuwait has agreed with His Majesty for, or
consented to, the exercise of jurisdiction by His
Majesty.
(3) Kuwait subjects registered in the Political
Agency
An office of the East India Company and, later, of the British Raj, headed by an agent.
as being in the regular service of British subjects
or foreigners; with the proviso that all cases
wherein such Kuwait subjects are concerned shall
be dealt with in accordance with the provisions
, of Part Y of this < )rder.
(4) The expression “ person to whom this Order ap
plies ” shall be construed in accordance with the
above three sub-Articles.
(5) The property and all personal or proprietary
rights and liabilities within the said limits of
British subjects and of foreigners within sub-
Article (2) and of Kuwait subjects within sub-
Article (3), whether .such persons are themselves
within or without the limits of this Order.
(6) British ships and ships belonging to foreigners
within sub-Artiele (2) with their boats, and the
persons and property on board thereof, or be
longing thereto, being within the limits of this
Order; provided that jurisdiction over foreign
ships shall not be exercised otherwise than ac
cording to the practice of the High Court in
England in the exercise of jurisdiction over
foreign ships.
(7) If any question arises whether the subjects or
citizens of any country, State, or tribe have or
have not been placed under the jurisdiction of
His Majesty by agreement with, or the consent
of, the Shaikh of Kuwait, it shall be referred by
the Court to the
Political Resident
A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency.
, and a certi
ficate under his hand and seal shall be conclusive
on the question, and judicial notice shall be
taken thereof.
9. All His Majesty’s jurisdiction exercisable within the
limits of this Order for the hearing and determination of cri
minal and civil matters, or for the maintenance of order, or
for the control or administration of persons or property, or
in relation thereto, shall be exercised under and according to
the provisions of this Order, so far as this Order extends and
, applies. 1
About this item
- Content
The file is concerned with the introduction of the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. (1925) and the subsequent issue of supporting King‘s Regulations by the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. : The Indian Pilgrim Ships Regulation (1926) and Indian Succession Regulation (1927). It therefore contains drafts proposals and correspondence between British officials concerning proposed revisions, and the extent to which it should be based on the Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for Bahrain and Muscat.
The file also contains correspondence debating whether a separate Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for Kuwait is required, and if so how urgent this requirement is. This debate is undertaken in the context of proposals for a single Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for the entire Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , and the possibility that Kuwait may come under the authority of Mesopotamia as part of the post-war settlement. The extent that Britain is able to assume authority over non-British and non-Muslim subjects (e.g. Americans and Europeans) is also discussed within the file.
The main correspondents are as follows: the Kuwait Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. (Daniel McCollum and James Carmichael More); the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. (Arthur Trevor and Francis Beville Prideaux); the High Commissioner for Iraq (Sir Percy Cox); the Foreign Department of the Government of India; and officials of the Colonial Office, the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. , and the Foreign Office.
The Arabic content in the file consists of an exchange (see folios 113-127) between the Kuwait Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. and the Shaikh of Kuwait, Shaikh Ahmad al-Jabir as-Subah [Aḥmad al-Jābir Āl Ṣabāḥ]. This correspondence is dated 24 October and 3 November 1925; it concerns the publication of the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. and queries from the Shaikh as to the extent of British authority over foreigners; it includes English translations.
Draft copies of the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. can be found on folios 83-92, while copies of the published version can be found on folios 96-102 and 139-52. A draft of the The Indian Pilgrim Ships Regulation may be found on folios 158-59, and the final version can be found on folio 163. A copy of the final Indian Succession Regulation can be found on folio 187.
A wax seal — possibly a Foreign Office seal — is affixed to folio 136.
- Extent and format
- 1 file (195 folios)
- Arrangement
The papers within the file have been arranged chronologically from the front to the back of the file, the exceptions being enclosures which are often of an earlier date than their covering letter.
- Physical characteristics
Condition: some folios have been damaged at the edges, and in some cases this has resulted in a loss of text, particularly the Arabic content on folios 115-19. The overall legibility of the file is not affected.
Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 197; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. An additional foliation sequence is present sporadically between ff 12-196 as some numbers have previously been rubbed out; these numbers are also written in pencil, but are not circled.
A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [16r] (31/394), British Library: India Office Records and Private Papers, IOR/R/15/5/293, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033395678.0x000020> [accessed 19 January 2025]
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Copyright: How to use this content
- Reference
- IOR/R/15/5/293
- Title
- ‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’
- Pages
- front, front-i, 2r:119v, 122r:125v, 128r:182v, 184r:196v, back-i, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence