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'File 79/44 I (S 80) War Emergency Legislation' [8r] (32/440)
The record is made up of 1 volume (218 folios). It was created in 20 Oct 1937-31 May 1939. It was written in English. 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)/
i
\ SJ
5.
7. To turn to the specific question of war
legislation. The sort of legislation that is required
is given in paragraph 3 (l) ? (2) and (3) above, and is
desirable in all the States concerned. Our juridical
position, however, in the various States differs
considerably, as follows -
8, Kuwa i t .
(l). Here we have an
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
by which
British and foreign (i.e. non-Kuwaiti) subjects are under
the jurisdiction 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.
. Kuwaiti subjects
(of course) and the subjects of Moslem foreign powers are
under the jurisdiction of the Sheikh (vide Article 4 of the
Order definition of a Kuwaiti subject read with Article
8 (ii)). e .g. Iraqi, Saudi and Iranian subjects are under
the Sheikh. It will thus be seen that from the juridical
point of view there are two classes of persons in Kuwait!-
(a) Those under the jurisidction 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.
;
(b) Those under the jurisdiction of the Sheikh.
In regard to both classes, it is necessary to consider what
judicial powers we already possess which might obviate
further war legislation,
(2). In regard to (a) the
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
applies
to Kuwait the Admiralty Offences Acts of 1849 and 1860
(see Section 12 of the Order). Neither of the two Admiralty
Acts would seem prima facie to cover hostile war
activities but Article 12(2) of the
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
places
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.
in the position of a Governor of a
Colony or British Possescion. The point as to whether
either of these two Acts give any special powers to deal
with hostile war activities might be examined further.
About this item
- Content
The file deals with the issue of the supplementary judicial powers that would be required by the British administration in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. in the event of war, and includes the following papers:
- papers dated October 1937 - July 1938 concerning the question of war emergency legislation in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , including a paper by Sir Trenchard Craven William Fowle, 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. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. outlining the strategic importance of the region, the existing judicial position, and required legislation, October 1937; response to Fowle's paper from a representative of the Foreign Office, October 1937; and minutes of a meeting to discuss the question held at 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. , November 1937;
- papers dated December 1937 - May 1939 concerning the draft Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. States (Emergency) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. ;
- papers dated March 1938 - April 1939 concerning draft King's Regulations;
- papers dated October 1938 - April 1939 relating to draft Defence Regulations, which were based on suggestions made by Fowle;
- papers dated October 1938 - January 1939 concerning the draft Trading with the Enemy Bill;
- papers dated November 1938 - May 1939 relating to the issue by Gulf Rulers of draft 'alans' (legislative announcements) in the event of war, particularly in terms of the implications of the Rulers' renouncement of neutrality, should they formally side with the British;
- papers dated April 1939 - May 1939 concerning proposals for a Trucial Coast A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. ;
- draft circular letter entitled 'Draft Letter to be Issued to the Shaikhs of the Trucial Coast A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. in the Event of War', requesting their co-operation on behalf of the British Government, written by 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. , Bahrain [Hugh Weightman], with covering letter dated 13 May 1939.
The covering dates for the correspondence (the main body of papers) in the file are 20 October 1937 - 30 May 1939. The final date in the overall date range is supplied by an entry in the notes at the rear of the file.
- Extent and format
- 1 volume (218 folios)
- Arrangement
There is an index at the front of the volume. The papers are arranged in chronological order from the front to the rear of the volume. Circled serial numbers (red for received correspondence; blue/black for issued correspondence) refer to entries in the notes at the rear of the volume.
- Physical characteristics
Foliation: the foliation system in use commences at 1 on the front cover, and continues through to 212 on the back cover. The sequence is written in pencil, enclosed in a circle, and appears in the top right hand corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. page of each folio. Foliation anomalies: ff. 1, 1A, 1B, 1C, 1D, 1E, 1F; ff. 114, 114A. The following number does not appear in the foliation sequence: 75. The following folios need to be folded out to be read: 23, 25, 26. A second incomplete foliation sequence is also present between ff. 27-200: these numbers are also written in pencil, but are not circled, and appear in the same position as the main sequence.
- Written in
- English in Latin script View the complete information for this record
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'File 79/44 I (S 80) War Emergency Legislation' [8r] (32/440), British Library: India Office Records and Private Papers, IOR/R/15/1/707, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023191427.0x000021> [accessed 27 August 2024]
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Copyright: How to use this content
- Reference
- IOR/R/15/1/707
- Title
- 'File 79/44 I (S 80) War Emergency Legislation'
- Pages
- front, back, spine, edge, head, tail, front-i, 1ar:1fv, 2r:74v, 76r:114v, 114ar:114av, 115r:211v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence