‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎75r] (149/394)

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Letter from the Hon’ble Lieut.-Colonel A. P. Trevor, C.S.L, C.I.E., Politi
cal Resident in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , No. 2, dated the 3rd January 1921.
With reference to the correspondence ending with telegram No. 8722, dated
20th July (Pro. No. 27 in G. B., Octr. 1922, Nos. 22-38), regarding the proposed
Order-in-Council for Kuwait, I have/the honour to forward herewith, for the in
formation of the Government of India, a copy of papers in this connection :—
1. Memorandum No. 18279-7-37, dated the 17th October 1921, from His
Excellency the High Commissioner, Baghdad, to 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. ,
Kuwait.
2. Letter No. 206-C„ dated 4th December 1921, from 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.
Kuwait, to His Excellency the High Commissioner, Baghdad.
2.1 understand that the present arrangement is that the Colonial Office is now
responsible for the policy on the Arabian Littoral of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , and that as
regards Bahrain, and possibly Mascat its control is to be exercised through this
Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. , but that in respect of Kuwait it is to be exercised through the High
Commissioner, Baghdad, as long as His Excellency Sir Percy Cox is the incum
bent of that post but afterwards through this Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. . I venture to submit
that, if the above assumption is correct, this procedure hardly seems suitable for
an Order-in-Council.
In the first place I venture to think that the judicial procedure at the different
places on the Arabian Littoral should run on the same lines and through the same
channels ; at present under the Orders-in-Council for Mascat (Pro. No. 21 in S. G.,
March 1916, Nos. 14-30) and Bahrain, (Pro. No. 14 in S. G., Octr. 1916, hsos.
India,n Law is administered each place being treated as if it 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 Bombav with 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. the principal judicial authority m it
and appeal to the Resident at Bushire as Chief Court. I am not clear whether it
is intended to retain this procedure or not.
Secondly if this procedure is not retained it will cause a good deal of incon
venience and dislocation to change the channel of appeals, etc., from Baghdad to
Bushire when Sir Percy Cox leaves Baghdad.
In the circumstances it is unnecessary fcr me to comment on the Original
draft Order-in-Council or on Major More’s comments. I need only remark that
I think the Order-in-Coiincil should follow the lines of the Mascat Order-m-Council
rather than those of the Bahrain Order-in-Council. (It does so ; videVio. iSo 22
in G. B. Oct. 1922*' Nos. 22-38) and that I agree with Major More m thinking the
word “ Muslim ” might be substituted for “ non-Christian ” in the definition of
“ Kuwait subject ” in Article 4. ^ ^ H #
Enclo I of Ser. No. (7).— Memo, from H. E. the High Commissioner for Iraq,
‘ to 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. , Kuwait, No. 18279-7-37, dated the 17th October
1921. / 11 '
I am directed to invite your attention to correspondence ending with my
memorandum dated 22nd December 1919, No. 38114, to ad ^ ess / f „ Unde , r
tary of State for India, with copy to you, relative to the proposed Kuwait Ord r
in-Council.
I am to enclose copy of despatch dated August 24th 1921, No. 223, from
Secretary of State for the Colonies to the address of His Excellency the High Com-
missioner and to request that you vdll be good enough
(1) to enquire
(а) the number of foreigners at present resident in Kuwait,
(б) the number of foreigners who normally visit Kuwait per annum wiih
a note <j)f their nationality,
(2) to sound the Shaikh of Kuwait with a view to ascertaining what mea
sure of British supervision he is prepared to accept; and
(3) His Excellency would he glad also to receive your views on the urgency
of an Order-in-Council being passed before the coming into force of
the Turkish Peace Treaty.