'Muscat. Question whether a naval station could be established for use by His Majesty's ships at Khor Quwai or elsewhere in Muscat territory compatibly with the existing international agreements of His Majesty's Government'. [‎1r] (1/12)

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CONFIDENTIAL. B. 438.
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. . P.Z. 6811/34.
MUSCAT.
Question whether a Naval Station could be established for use by His Majesty's
Ships at Khor Quwai or elsewhere in Muscat Territory compatibly with the
existing* International Eng-agrements of His Majesty's Government.
The object of the present note is to examine, with particular reference to the
proposal which has been pnt forward to establish a station at Khor Quwai in the
Musandim Peninsula, the history of the Declaration of 1862 by which France and
Great Britain undertook to respect the independence of Muscat, and its effect, and
that of other existing treaty provisions, on the right of H.M. Government (subject
to the consent of the Sultan of Muscat) to establish a naval station in Muscat
territory.
Status of the Musandim Peninsula.
2. Before proceeding to an examination of the relevant treaty provisions and
their importance in the present connection it may be mentioned that, while in
1902-04 some doubt was expressed as to whether the Musandim Peninsula (and so
the Khor Quwai and the surrounding territory) could properly be regarded as
falling within the territory of the Sultan of Muscat, the result" of investigations
undertaken locally by Mr. Lorimer and embodied in Lorimer's Gazetteer of the 1368-9
Persian (mlf was to show that the area must be regarded as falling within the 1569,1614.
territory ol the Sultan. In the light of those investigations the British Counter p. 741/05
Case submitted to the Hague Iribunal in 1905 in the Muscat Dhows Arbitration
stated that from lias Dibba to 1 ibba (Tibat), the coast forming the promontory of
Musandim is claimed by the Sultan of Muscat, who has certainly before and since
1804 exercised authority on that coast by his Vali and in other ways ; and his
rights on the coast are recognised by the Sheikh of Shargah and the Jowasmi."
There have been no developments since 1905 to justify any reconsideration of this
conclusion, and it is relevant that H.M. Governmeut have, so recently as 1930,
assisted the Sultan of Muscat to assert his authority at Khassab.
Treaty Engagements.
3. I he treaty engagements of importance in the present connection are the Aitch.
following :— (1933) XI,
(a) British Treaty of Commerce of 1839 with Muscat, Article 2. p
{h) Treaty of Commerce between France and Muscat, 1844, Article 3. Appendix
(cj Anglo-French Declaration of 10th March 1852. n, p. xxx.
(d) British Treaty of Commerce of 1891 with Muscat, Article 4. S?'^ pp
(e) Exclusive Agreement of the Sultan of Muscat with H.M. Government, 1891. No. xvi,
4. The following are the relevant extracts from the treaty engagements in P;
question :— No -
. . r PP- 317-8
British Treaty of Commerce with Muscat of 1839.
5. Article 2 of the Lreaty of Commerce of 1839 between the British Government
and the Sultan of Muscat provides inter alia that " British subjects shall be at
liberty to purchase, sell, or hire land or houses in the dominions of His Highness
the Sultan of Muscat. . . " This treaty was replaced in 1891 by the revised treaty
referred to in paragraph 10 below.
French Treaty of Commerce of 1844.
6. Article 3 of the Ireaty of Commerce between His Highness the Imam of
Muscat and the King of the Irench of November 1844, which is still in force,
provides inter alia that the French shall be at liberty to purchase, sell, or rent
land, houses, or warehouses in the dominions of . . . Muscat."
The Anglo-French Declaration of 1862.
u ^ Anglo-French Declaration of 10th March 1862 places on record that
! lei Majesty the Queen of the United Kingdom of Great Britain and Ireland and
His Majesty the Kmperor of the Irench, taking into consideration the importance of
maintaining the independence of His Highness the Sultan of Muscat and of His
Highness the Sultan oi Zanzibar, have thought it right to engage reciprocally to
respect the independence of these sovereigns.
3227 75 11.34