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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎19r] (37/394)

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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. .

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9
*
28. Any act which, if done in British India, would be
an offence against the law for the time bein&- in force in
British India, relating- to trade-marks, merchandise marks,
copyright designs, or inventions, shall, if done in Kuwait by
a person to whom this < haler applies, be an offence punishable
with imprisonment for a term which may extend to two
months, or with a fine which may extend to 1,()()() rupees Indian silver coin also widely used in the Persian Gulf. , or
wdth both.
29. —(1) If any person to whom this Order applies: —
(i) Publicly derides, mocks, or insults any religion
established or observed within the limits of this
Order; or
(ii) Publicly offers insult to any religious service, feast,
or ceremony established or kept in any place
within those limits, or to any place of worship,
tomb, or sanctuary belonging to any religion
established or observed within those limits, nr
belonging to the ministers or professors thereof:
or
<in) Publicly and wilfully commits any act tending b.
bring any religion established or observed within
those limits, or its ceremonies, modes of worship,
or observances into hatred, ridicule, or contempt,
and thereby to provoke a breach of the public
peace;
he shall be guilty of an offence, and on conviction thereof
liable to imprisonment, which may extend to two years, with
or without a fine not exceeding 500 rupees Indian silver coin also widely used in the Persian Gulf. , or to a fine alone
not exceeding 500 rupees Indian silver coin also widely used in the Persian Gulf. .
(2) 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. shall take such precautionary
measures as seem to him proper and expedient for the preven
tion of such offences.
50. Any person being within the limits of this Order
may be proceeded against, tried, and punished under this
Order for piracy wherever committed.
81. If any person subject to this Order violates, or fails
to observe within the limits of this Order, any stipulation
of any Treaty between His Majesty, his predecessors, heirs,
or successors, and the Shaikh, for the time being in force, and
applicable to such person, in respect of the violation whereof
any penalty is stipulated for in the Treaty, he shall be deemed
guilty of an offence, and on conviction thereof under this
Order shall be liable to a penalty in accordance with the
stipulations of the Treaty or the provisions of this Order.
32. The Foreign Jurisdiction Neutrality Order in
Council, 1904, shall apply to all persons and to all propertv
subject to this Order.
33. Where a person entitled to appeal to the Chief
Court from any judgment or order passed in the exercise of
criminal jurisdiction under this Order desires so to ap
peal, he shall present his petition of appeal to the
Court which passed the judgment or order; and the
petition shall with all practicable speed be transmitted to
the Chief Court with certified copies of the charge (if any)
and proceedings, of all documentary evidence submitted or
tendered, of the depositions, of the notes of the oral testimony,
and of the judgment or order, and any argument on the peti
tion of appeal that the appellant desires to submit to the
Chief Court.
34. The Court against whose judgment or order the
appeal is preferred may postpone the execution of the sen
tence pending the appeal, and shall, if necessary, commit
the person convicted to prison for safe custody, or detain him
in prison for safe custody, or shall admit him to bail, and
may take security, by recognisance, deposit of money, or
otherwise, for his payment of any fine.
Part TY. —Civil Matters.
35. —(1) Subject to the other provisions of this Order,
the Code of Civil Procedure and the other Indian enactments
relating to the administration of civil justice and to insol
vency and bankruptcy, shall have effect as if Kuwait were a
district in the Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of Bombay. 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.
shall be deemed to be the District Judge, and his Court shall
be deemed to be the District or Principal Civil Court of Ori
ginal Jurisdiction ifr the district ; the Judicial Assistant to

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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)’ [‎19r] (37/394), British Library: India Office Records and Private Papers, IOR/R/15/5/293, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033395678.0x000026> [accessed 18 January 2025]

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