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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎143r] (285/394)

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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. .

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9
19*—(D In cases of murder or culpable homicide, if either
the death or the criminal act which wholly or partly caused the
death happened in Kuwait, a Court acting under this Order shall
have the like jurisdiction over any person to whom this Order
applies who is charged either as a principal offender or as an
abettor as if both such criminal act and the death had happened
in Kuwait.
(2) In the case of any offence committed on the high seas or
within the Admiralty jurisdiction by any person who at the time
of committing such offence was on board a British ship, or by any
British subject on board a foreign ship to which he did not belong,
the Court shall, subject to the provisions of this Order, have
jurisdiction over such person as if the offence had been committed
within its jurisdiction.
(3) In cases tried under this article no different sentence can
be passed from the sentence which could be passed in England
if the crime were tried there.
(4) The foregoing provisions of this article shall be deemed to
be adaptations, for the purposes of this Order and of the Foreign
Jurisdiction Act, 1890, of the following enactments, namely :—
The Admiralty Offences (Colonial) Act, 1849;
The Admiralty Offences (Colonial) Act, 1860;
The Merchant Shipping Act, 1894, Part XIII;
and those enactments shall apply accordingly, and be ad
ministered in Kuwait.
20. Where a person is convicted of an offence the Court before
which he is convicted may, if it thinks fit at any time before he
is discharged, require him to give security to the satisfaction of
the Court for his future good behaviour, and for that purpose may,
if it thinks fit, cause him to come or be brought before the Court.
21. —(1) Where it is shown by evidence on oath, to the satis
faction of the District Court, that any person to whom this Order
applies has committed, or is about to commit, an offence against
this Order, or is otherwise conducting himself so as to be
dangerous to peace and good order, or is endeavouring to excite
enmity between the people of Kuwait and His Majesty, or is
intriguing within the limits of this Order against His Majesty’s
power and authority, the Court may, if it thinks fit, by Order
under its seal, prohibit that person from being within the limits
of this Order, during any time therein specified, not exceeding
two years.
(2) The Court, by order in writing under its seal, may vary
any order of prohibition (not extending the duration thereof), and
may revoke any order of prohibition or removal.
(3) The Court shall forthwith report the order and the grounds
thereof to the Chief Court, which shall forthwith report to the
Governor-General of India in Council every order made under
this article, and the grounds thereof, and the proceedings there
under.
A 4
2613

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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
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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎143r] (285/394), British Library: India Office Records and Private Papers, IOR/R/15/5/293, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033395679.0x000056> [accessed 30 January 2025]

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