'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎50v] (111/1904)

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Tjoaiid foi cvei s and can under no circumstances escape from the contract, however
valuable the mines may become.
i the lessor retained the right to determine contracts of this character is shown
o\ t e penultimate paragraph of the document: I have perhaps made out certain
greements previous to this. They do not hold good, and this Agreement is to be
acted on.
m 1 ' u , ese c i r 9 umSl ' ailces ^ le ' tease appears to have been no more than a permit
to work these mines, determinable by notice on either side, the owners receiving
250 dollars a-year so long as it was in force.
The action of the ruling Sheikh in becoming a partner in the concern for a few
months in 1899 cannot affect his right to cancel the lease granted in his behalf, no
matter what complexion the Company might in future assume. Were there anv
question at issue as to the genuineness of the lease granted in 1898 by Salim, the fact
that the Sheikh had subsequently become a partner would be of importance, but as he
approved the lease no such question arises, and his temporary partnership is an incident
naving no direct bearing upon the points at issue.
-j. Tn Octobet 1907 llosson-bin-Ali Sarnuiyeh,
share in the Company to the British subject
later, transferred the share to the German fir Wonckhaus
Company of lessors now apparently consists
ii. Wonckhaus and Co It appears thai
is concerned.
In a letter dated the 21st February, 1907 (see Appendix, No. 8), the ruling Sheikh
of Shargah addressed a communication to Hassan Samaiyeh withdrawing the document
of Concession and informing him that, the contract of 1898 being terminated, he had
no longer any right of enjoyment in regard to the mines on Abu Musa. In these
circumstances, Messrs. Wonckhaus, if they purchased without notice of the fact that
the Concession had been terminated, have been misled either by Hassan Samaiyeh or
by the intermediate vendor, Mr. Brown; in either case, their appropriate remedy would
appear to be an action at law against the vendor for damages.
If, when they purchased the share in the Concession, they were already aware
that it had come to an end, they have no cause for complaint at the action of the
Sheikh either in terminating the Concession or in enforcing his action by the removal
of the workmen from the island, for they bought with lull knowledge of the position.
In either event, Messrs, Wunckhaus and Co. do not appear to have
in their capacity as partners to question the Sheikh's action.
4. In October 1907 the Sheikh sent armed
and 'prevented the mines being worked. The b
to Abu Musa by the British man-of-war "Lapwing
Lieutenant Gabriel, British Vice-Consul at Bunde
The Sheikh had recourse to forcible measures within his own jurisdiction in
consequence of the persistent refusal of Hassan Samaiyeh to desist, in accordance
with the Slieikh's repeated injunctions, from working the mines.
As the expulsion of British subjects was in contemplation, and the British Resident
in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. had been duly notified of the Sheikh's intention, it was considered
prudent that one of His Majesty's ships, with a British Consular officer on board,
should accompany the armed force to the island, in order to prevent the use of
unnecessary violence. It was probably owing to this precaution that all bloodshed
and loss of life were prevented. The Sheikh's boats were, towed to the island in order
to insure their simultaneous arrival with His Majesty's ship " Lapwing," and to enable
the British officers to control the action of the Sheikh's retainers more effectively,
o. t ae forcible measures and illegal cond Co m pa it g
have been prevented from enjoying the lease grante
The rights of the Sheikh of Shargah in regard to the disposal of his own property
are absolute, since, apart from such general control as, in virtue of Treaty relations, is
exercised by the Government of India, he is subject to no external control, and is
bound only by such laws as.lie himself may decree."