'File A/9 I Bahrain Order in Council' [104v] (227/536)
The record is made up of 1 volume (258 folios). It was created in 2 Dec 1895-31 Oct 1918. 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.
6
jurisdiction over such person as if the offence had been committed within its
jurisdiction. th j s Article no different sentence can be passed from the
sentence which could he passed in England if the crime were tried there.
(4) The foreo'oin 0 ' provisions of this Article shall be deemed to be arlaptatioiis,
for the purposes of this Order and of the Foreign Jurisdiction Act r 1S9Q, 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 administered in Bahrein.
20. Where a person is convicted of an offence, the Court before which lie 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 satisfaction of the
District Court, that any British subject 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
Bahrein and tlis Majesty, or is intriguing against His Majesty's power and
authority within the limits of this Order, 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 ispB|
thereunder.
22^—(1.) If any British subject fails to give security for good behaviour or
for keeping the peace when lawfully required to do so, or fails to comply with an
order of prohibition made under this Order, the Chief Court or the District Court
may, if it thinks fit, order that he be deported from any place within its jurisdiction
as prescribed by this Order. . |
(2.) If the order of deportation is made by the District Court, it shall forthwith
report to the Chief Court the order and the grounds thereof.
(3.) Thereupon the person ordered to be deported shall, unless the Chief Court
thinks fit otherwise to direct, be as soon as practicable, and in the case of a person
convicted either after execution of the sentence or while it is in course of execution,
removed in custody under warrant to the place named in the warrant.
(4.) The place shall be a place in that part of His Majesty's dominions, or in the
British Protectorate, to which the person belongs, or the Government of which
consents to the reception of persons deported under this Order.
(5.) The Court, on making an. order of deportation, may, if it thinks fit,, order
the person to be deported to pay all or any part of the expenses of his deportation,
to be fixed by the Court in the order. Subject thereto, the expenses of deportation
shall be defrayed as the Secretary of State, with the concurrence of the Treasury, or
with the previous or subsequent assent of the Secretary of State, the Governor -General of
India in Council, directs.
(6.) The Chief Court shall forthwith report to the Governor -General of India
in Council every order of deportation made under this Order, and the grounds
thereof, and the proceedings thereunder.
(7.) If a person deported under this Order returns to Bahrein without permission
in writing of the Chief Court, or the Governor-General of India in Council, or ttu?
Secretary of State (which permission the Chief Court, or the Governor- General o
India in Council, or the Secretary of State respectively may give), he shall be punishe -
with imprisonment for a term which may extend to two months, or with a fin 6
which may extend to 1,000
rupees
Indian silver coin also widely used in the Persian Gulf.
, or with both.
(8.) He shall also be liable to be forthwith, again deported under the original or a
new order, and a fresh warrant.
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About this item
- Content
The volume’s correspondence and other papers concern the implementation of an Order of Council in Bahrain. The principal correspondents in the file are 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 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. in Bahrain, each post being held by a number of different representatives throughout the period covered by the volume.
The first item in the volume is a letter sent from Major Ramsay, British Consul-General in Baghdad, to Major Percy Cox, 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. , dated 9 March 1907. The letter concerns the jurisdiction in Bahrain over American citizens based at the American Missionary, particularly in relation to births, deaths and the disposal of estates (folio 1g). This enquiry was symptomatic of raised concerns over where jurisdiction lay in relation to the increasing number of foreign nationals in Bahrain. In a letter dated 6 April 1907 the Bahrain 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. , Captain Francis Prideaux, wrote to Cox, outlining the judiciary requirement he believed that he, as 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. , should have. These included the authority of a district magistrate in criminal matters, consular authority in notarial and shipping duties, and the power of vice-admiralty (folios 3-8).
Application was consequently made for an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in Bahrain, via Cox, in his capacity as 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. , to the Government of India, the Secretary of State for India, and the Foreign Secretary. In May 1909, John Morley, the Secretary of State for India, wrote to the Governor General of India, stating that, in light of increasing German activity in the Gulf, 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. in Bahrain was authorised to approach the ruler of Bahrain, Shaikh ‘Īsá bin ‘Alī Āl Khalīfah, with a view to him ceding responsibility for foreign nationals in his dominions to the British Government (folios 50-52). This responsibility was duly granted to the British (folios 63-64), though not, according to Captain Charles Mackenzie, then 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. in Bahrain, without some reluctance on the part of Shaikh ‘Īsá (folios 65-66).
Subsequent correspondence deals with some of the finer points of the wording of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , with particular attention being paid by officials to the status of foreign nationals in Bahrain, including their registration with the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. , and the legal ability to deport them if necessary. A draft copy of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , dated, 1912, is included in the volume (folios 100-112). The unrest and disruption caused by the First World War in the Gulf, repeatedly delayed the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . On 7 May 1917 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. Captain Percy Loch wrote 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. , Major Arthur Trevor, suggesting that, in view of recent developments in the conflict in Europe, and the entry into the war of the United States of America, the present time might be a prudent one to implement the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . In his letter Loch described how Turkish withdrawal from the Gulf, the independence of Bin Saud [Ibn Sa‘ūd], and formal British relations with the Shaikh of Qatar, would impact upon the treatment of certain foreign nationals in Bahrain (folios 232-35). Trevor rejected Loch’s proposal, and in May 1918, the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in Bahrain was postponed once more, until February 1919 (folio 248).
Amongst the discussions over Bahrain’s Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , the appointment of a judicial assistant for the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. was discussed (folios 189-94, 243-44, 249-51), as was the existing khidmah system of revenue collection (a ten per cent judicial fee payable to the Sheikh of Bahrain's treasury). A Statement of khidmah for the years 1912 to 1916 is included on folio 227.
- Extent and format
- 1 volume (258 folios)
- Arrangement
The contents of the volume have been arranged in approximate chronological order, from the earliest items at the front of the volume, to the latest at the end.
- Physical characteristics
Foliation: The volume is foliated from the front cover to the inside back cover, using blue pencil numbers located in the top-right corner of each recto The front of a sheet of paper or leaf, often abbreviated to 'r'. . A few folio numbers, chiefly at the front and end of the volume, are in black pencil. The following foliation anomalies occur: 1a-1g.
The following folios are fold-outs: 60, 226, 227.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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- Reference
- IOR/R/15/2/6
- Title
- 'File A/9 I Bahrain Order in Council'
- Pages
- front, back, spine, edge, head, tail, front-i, 1ar:1gv, 2r:63r, 64r:125v, 126v:258v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence
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