'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎89r] (188/1904)

| a without la T X" P aT^ T. 1° «■ 116 W had the W ve.tige of a right to
1908, while he'lajS strew o., Tf ^ Fel ? luar> ''
irtir ioular ge,ierosity « Ws ^ ofhtr—5 s
+ r fk^. effeot tba^fh le | a ^ e L0 ^J 16 la ica mines there is also a stipulation of importance
no JtL CeV Thk T ^^ ^ em P l0 ^ 8 cut down keshkeshuh trees, buj;
no^her trees, lbs provision, too, is evidence that Salim disposes of the island as
and which k ,1'"x C 'u ^ m P or ^ an ? e as hearing on the question of ownership,
coflsular ao-ent Vv^-f'fV 1 tV' 6 con p® ss i on > is the letter addressed by the British
Tri7)*' f , SSan 8amain on the 12th November, 1898 Djumada II,
resne^tintf thp mfr 00U ' a , m0 ?i j ^ ■ a *^ a ^l before the conclusion of the agreement
w' Hi Rr iim W j - '^llatif and Hassan Samaih were at that time negotiating
the f Tvil'iifuVi'i' 1 lU j ; . ie S ara tms concession and also in regard to another concession for
witeTt! ? + f copper on the Island of Sir Abu Nuair. AMallatif
q Q V V t n hetween. Salim and Sakar in regard to Sir. He savs
q -i- ^ Kai , pl0p0 ft, 0 Cf,n u e ^ ne i ease agreement in his own name, and only allow
a +T!., 0L profits, an arrangement which does not satisfy Salim. So that
' Some reason for considering that Sir also belongs to him. In anv case
-f+l?- % )S + 1)0U ' the cau tious Abdallatif, who has an accurate knowledge
. ' e cl J cumst f nces > postpones the matter until the two sheikhs shall have settled the
poim, between tnem._ ^ Inle Abdallatif is unwilling to conclude an arrangement about
Sir because SaKar raises a claim to the island and Salim's right to it is disputed (the
n -x^e^s.on Was gianted), he has no hesitation in concluding an agreement with
SaJim about Abu Musa. Surely he would not have done this if he had had the,
g i rest do not of Sahms title, more especially as there was already a dispute respecting)
' Moreover, K.akar, who, as shown above, was aware of the terms of the mica >
concession, would certain y have tried in this case, as in that of Sir, to make srood his realf
1 ^ n ts, t ^pecia. iy as a sum of 1,500 reals, a not inconsiderable amount for him I
^ 0lV ^ iie t no ^ 805 ^ evidence that he had no doubt himself that
banm was the owner of the island,
Tne facts given above are clear evidence that the Island of Abu Musa is the private
property o. bheiKh Sahm. This conclusion is supported by the opinion prevailing among
the most respectable natives on the point in question. " ,: cj. " . 0
Ihe mercnant, Abda.lmuhsin-ibn-Ahmed Almushari, who lias had mi intimate
acquaintance with the affairs of the Pirate Coast for many years ; the merchant French
consu ar agent, Abdarrahman-ibn-Muhammed-ibn-Kazim, who has permanent trade
connections with Shargeh ; as well as Hamd-ibn-Khalifa Afuyuni, merchant and agent
ox the bultan of Muscat—all three residents of Lingah—have declared in writing that
u. ..heir certain knowledge Abu Musa has always been, and still is, the free property of
balim.T Ihe two last-mentioned have also assured the Imperial vice-consul at Bush ire
orally tuat everyone who has any knowledge of affairs on the Arabian Coast knows this
as well as they do.
But even if it be possible to doubt Salim's right to Abu Musa as its formal owner
according to European legal principles, it cannot be questioned that he exercised, with
the consent of the reigning sheikh, and even as against him, the full right of disposal of
the usufruct, just like an owner.
^ ine English view, indeed, is that Sakar is the owner of the oxide mines, and that
oalim conciuued the lease agreement respecting them as his representative only. But
even in that case Sakar had no right, from the point of view of private law, to terminate
the agreement of his own motion.
Ihe lease agreement of the 10th April, 1898, states expressly that the lease shall
run tor so long as the lessees " have an interest in the aforesaid mines." So that the
lessees only are to have the riglTt to Terminate, and not the lessor.
i t will be seen that this was the intention of the parties if the first lease agreement
datea the 6th April, 1898, is referred to for comparison. In this agreement, which was
cone nded ^ only with Hassan Samaih and his son Abdallah, the right of working the
mines is given to the lessees for so long as they find oxide, but for not longerthan '
twenty years, with the proviso that they can terminate the agreement at any time on
paying one year s rent. Here already a long term was agreed upon for the benefit of
.;he lessees, thereupon Abdallatifs son Isa was received as a partner, and the new
* Annex 15. j xinnexes 16 to 18.