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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎18r] (35/394)

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The record is made up of 1 file (195 folios). It was created in 23 Feb 1919-15 Aug 1927. 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

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‘20. Where a person is convicted of an offence, the
Court before which he 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 l inure 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
()rder. or is otherwise conducting himself so as to be danger-
ous to peace and good order, or is endeavouring to excite
enmity between the people of Kuwait and His Majesty, or is
intriguing within the limits of this Order against His
Majesty’s power and authority, 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 re
moval.
(•I) The Court shall forthwith report the order and the
grounds thereof to the Chief Court, which shall forthwith
report to the Gowernor-General of India in Council every
order made under this article, and the grounds thereof, and
the poceedings thereunder.
22. —(1) If any British subject tails to give security for
good behaviour or for keeping the peace when lawfully re
quired to do so, or fails to comply with an order of prohibi
tion made under this Order, the thief Court or the District
! ourt may, if it thinks fit, order that he be deported from anv
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.
(2) 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 GoA'ernment of which con
sents to the reception of persons deported under this Order.
(5) I he Court, on making an order of deportation, may,
if it thinks fit, order the person to be deported to pav all or
any part of the expenses of his deportation, to be fixed by the
Court in the order. Subject thereto, the expenses of deporta
tion shall be defrayed as the Secretary of State, with the con
currence of the l reasury, 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 fortwith report to the Gov
ernor-General of India in Council every order of deportation
made under this Order, and the grounds thereof, and ihe pro
ceedings thereunder.
(7) If a person deported under this Order returns to
Kuwait without permission in writing of the Chief Court, or
the Governor-General of India in Council, or the Secretary
of State (which permission the Chief Court, or the Governor-
General of India in Council, or the Secretary of State respec-
tively may give), he shall be punished witih imprisonment
for a term which may extend to two months, or with a fine
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 deport
ed under the original or a new order, and a fresh warrant.
23. An appeal shall not lie against an order of prohibi
tion, of removal, or deportation made under this Order.
24. —(1) Where under this Order a person is to be sent or
removed or deported from any place within the jurisdiction of
the Court as prescribed by this Order he shall, bv warrant of
the Court sealed with its seal, be detained, if necessary in
custody, or in prison, until a fit opportunity for his removal

About this item

Content

The file is concerned with the introduction of the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. (1925) and the subsequent issue of supporting King‘s Regulations by the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. 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. : The Indian Pilgrim Ships Regulation (1926) and Indian Succession Regulation (1927). It therefore contains drafts proposals and correspondence between British officials concerning proposed revisions, and the extent to which it should be based on the Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for Bahrain and Muscat.

The file also contains correspondence debating whether a separate Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for Kuwait is required, and if so how urgent this requirement is. This debate is undertaken in the context of proposals for a single Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for the entire Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , and the possibility that Kuwait may come under the authority of Mesopotamia as part of the post-war settlement. The extent that Britain is able to assume authority over non-British and non-Muslim subjects (e.g. Americans and Europeans) is also discussed within the file.

The main correspondents are as follows: the Kuwait 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. (Daniel McCollum and James Carmichael More); the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. 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. (Arthur Trevor and Francis Beville Prideaux); the High Commissioner for Iraq (Sir Percy Cox); the Foreign Department of the Government of India; and officials of the Colonial Office, the 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. , and the Foreign Office.

The Arabic content in the file consists of an exchange (see folios 113-127) between the Kuwait 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. and the Shaikh of Kuwait, Shaikh Ahmad al-Jabir as-Subah [Aḥmad al-Jābir Āl Ṣabāḥ]. This correspondence is dated 24 October and 3 November 1925; it concerns the publication of the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. and queries from the Shaikh as to the extent of British authority over foreigners; it includes English translations.

Draft copies of the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. can be found on folios 83-92, while copies of the published version can be found on folios 96-102 and 139-52. A draft of the The Indian Pilgrim Ships Regulation may be found on folios 158-59, and the final version can be found on folio 163. A copy of the final Indian Succession Regulation can be found on folio 187.

A wax seal — possibly a Foreign Office seal — is affixed to folio 136.

Extent and format
1 file (195 folios)
Arrangement

The papers within the file have been arranged chronologically from the front to the back of the file, the exceptions being enclosures which are often of an earlier date than their covering letter.

Physical characteristics

Condition: some folios have been damaged at the edges, and in some cases this has resulted in a loss of text, particularly the Arabic content on folios 115-19. The overall legibility of the file is not affected.

Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 197; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. An additional foliation sequence is present sporadically between ff 12-196 as some numbers have previously been rubbed out; these numbers are also written in pencil, but are not circled.

A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.

Written in
English and Arabic in Latin and Arabic script
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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎18r] (35/394), British Library: India Office Records and Private Papers, IOR/R/15/5/293, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033395678.0x000024> [accessed 2 April 2025]

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