'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎73v] (157/1904)

understand how the British Memorandum can come to the ^ opposi te coth?! lis ' 0 ^'
even in the translation of the letter there printed (Annex 17 of tne British i emo
we find the passage :—
" I sent you back an answer, dated the 21st Rehi II, ,>
convey acquiescence. . . .
The facts cited above show that Neief—if, indeed, he is to be considered a partner
at all—as well as Malcolm and Abdallatif, the latter as the representative ot his son
Isa, declared their approval of the conclusion of the agreement between xiassan »amam
and Mr. Wonckhaus/ Of course, the legal position is not affected by the circumstance
that Neief and Abdallatif subsequently denied that they nad given their approval, or
by the fact that, in particular, Abdallatif, after he had procured a copy or the agreement,
for the British consul, changed his mind about the agreement. , i , . v
But, aoart from this, the Imperial Government are, moreover, of opinion that there
was no necessity for Hassan Samaih to obtain the concurrence of the other partners, as
he was the manager of the company. , , i . u.
The circumstances of locality, apart from anything else, made it absolutely
necessary that one of the partners should be authorised to represent uiie company
alone in dealings with other persons, and to bind the company by his acts without
the previous approval of the other partners. Isa lives at bhargeh, Malcolm a.
Biishife, Nejef—assuming that he is a partner-at Bunder Abbas, Hassan bamam a u
Lincrah. From Lingah to Bushire and from Bunder Abbas to Lingah there is a weekly
post, from Bushire to Lingah and from Lingah to Bunder Abbas only a lortmg.itly post.
Postal communication with Shargeh has only been established within the last fewyeai^
at the time when the company was founded there were only saihng-boats a\ailauie
the journey, which took from" three to ten days, according to the weather to reach
Lingah from Shargeh. Telegraphic communication is entirely wanting on the Oman
Coast; the telegraph station on the Island of Henjam can be reached from Lingah oy
sailing-boat in from two to four days; the conveyance of a telegram from Henjam to
Lingah takes the same time. How is it possible to imagine a properly commcted
busmess with such bad means of communication if the managing partner, oe.ore con
cluding a business transaction, has to ask the opinion of three people living respectively
at Shargeh, Bushire, and Bunder Abbas, await their replies, perhaps answer oojections
modify certain provisions in accordance with the wishes of one of the partners, and
then again refer to the others for their sanction of the modifications !
This state of things being duly taken into consideration, a i»j emorandum of
Association was agreed upon in which the rights and duties of the manager are reguiateu
Wjt In a letter dated the 6th January, 1899 (23 Shaban, 1316),* Abdallatit sent
the Memorandum of Association, which he had himself drawn up, to Hassan Samau-
at Lingah, and reauested that all the partners there, i.e., Hassan Samaih, Abdaflah,
and Nakhoda Ali, would sign it and then send it back. In sending it he ooserves
that Sheikhs Salim and Sakar have seen the Memorandum, and that Sakar has asKed
for a copy, which shows that Sakar, too, approved of the Memorandum.
Hassan Samaih, Abdallah, and Nakhoda Ali signed the Memorandum added an
additional article, No. 6, providing for the purchase of four large and four smaL buats au
the expense of the company, and sent the altered Memorandum to Abdallatif, Hassan
Sarn^oh ke^mg^a cop^ ^ R&m&d&n, 1316),t Abdallatif wrote that he had
shown the Memorandum to Isa and Sakar,t but that they had not agreed to the
engagement of eight boats for the service of the company. iNo other objections were
raised, which is quite natural, as the remainder of the Memorandum nad oeen drafted
by Abdallatif himself, and had already been agreed to by the partners living at
Sharo-eh As Hassan Samaih at once replied that he and tiie wo other pattnei s ^
Lingah consented to the cancelling of the boats, all the partners, were now m agreement
as to the contents of the Memorandum of Association. No fresh copy of tne Memorandum
was made, and none was necessary, since the correspondence which had passed showed
that all had approved of its contents. In consequence of the adoption ot trus ne-y
Memorandum of Association, the older provisions not in harmony with it, which were
agreed upon when Nakhoda Ali joined in May 1898, of course ceased to be m force.
* Annexes 13 and 14.
| The communication of the Memorandum to Sakar is explained by the fact that at that time he was
still a partner. ^