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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎96r] (191/394)

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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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FOREIGN AND POLITICAL DEPARTMENT.
NOTIFICATION.
Simla, the 22nd June 1925.
No. 321-N. —The following Order of His
Majesty in Council is published for general in
formation :—
ORDER IN COUNCIL A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. .
AT THE COURT AT BUCKINGHAM
PALACE,
The 17th day of March, 1925. '
Present, ;
THE KING’S MOST EXCELLENT-
MAJESTY IN COUNCIL.
Wiiereras by Treaty, capitulation, grant,
mage, sufferance, and other lawful means His
Majesty the King has jurisdiction within the
territories of the Shaikh of Kuwait :
NOW, THEREFORE, His Majesty, by virtue
and in exercise of the powers in this behalf by
the Foreign Jurisdiction Acts, 1890 and 1913,
or otherwise in His Majesty vested, is pleased,
by and with the advice of 11 is Privy Council, to
order, and it is hereby ordered, as follows :—
Part I.—Preliminary and General.
1. This Order may be cited as “ The Kuwait
Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1925.”
2. The limits of this Order are Kuwait and
the coast and islands of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , being
within the territories of the ruling Shaikh of
Kuwait, including the territorial waters of
Kuwait adjacent to the said coast and islands,
and all territories, islands, and islets which may
be included in the territories and be the pos
sessions of the ruling Shaikh of Kuwait, together
with their territorial waters.
3. This Order is divided into parts as
follows :—
Parts.
Sul je t.
A rtif-U s.
T.
Pre’i nina y and Genera'..
1—10
11.
AnpPcatinn of T aw of Brit'sh India
and of the United Kingdom.
11—13
111.
Crimiml Matters
li—34
IV.
Civil matters ..
35—43
V.
Kuwait Sul je ts and Tribuna’s
44—50
VI.
R gistration ..
51—67
VII.
Mis e’laneous Provisions ..
Shedu’ea
68—88
4. In the construction of this Order the follow
ing words and expressions have the meaning
hereby assigned to them, unless there be some
thing in the subject or context repugnant there
to, that is to say :—
” Administration ” means letters of ad
ministration, including the same with
Fid annexed, or granted for special
or limited purposes, or limited in
duration.
“ Kuwait ” includes all places and waters
within the limits of this Order.
<< Kuwait subject ” means a subject of the
Shaikh of Kuwait, or the subject,
resident at Kuwait, of any other
Muslim Power not represented by a
Consul at Kuwait.
British ship ” means a merchant ship,
being a British ship within the mean
ing of the Merchant Shipping Act,
1894, and, except where the context
otherwise requires, includes a ship
belonging to any British subject as
hereinafter defined.
“ British subject ” includes a British-
protected person.
Judicial Assistant ” means the officer for
the time being holding the office of
Judicial Assistant under the pro
visions of the Persian Coast and
Islands Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1907.
Chief Court ” means a Court held by the
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. as hereinafter
defined.
District Court ” means a Court held by
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. or by the Judicial
Assistant.
” The Court ” means a Court held by the
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 Political
Agent, or the Judicial Assistant to
the 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. .
‘ Qazi ” means any official Qazi appointed
by the Shaikh of Kuwait and accept
ed by 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. .
Foreigner ” means any person not a
British or Kuwait subject.
Imprisonment ” means imprisonment of
either description as defined in the
Indian Penal Code.
“ Month ” means calendar month.
“ Oath ” or “ Affidavit ” includes affirma
tion or declaration.
“ Offence ” means any act or omission
made punishable by any law for the
time being in force.
“ Person ” includes corporation.
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. ” means His Majesty’s
Agent at Kuwait appointed by the
Governor-General of India in
Council, including a person acting
temporarily with the approval of the
Governor-General of India in Council
for such 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. .
” Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. ” means the Office,
Residence, Court or other appointed
place of business of the Political
Agent.
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. ” means His Majesty’s
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. in the Persian
Gulf including a person acting tem-
_ porarity with the approval of ihe
Governor-General of India in Coun
cil for such 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. .
“ Rules of Court ” means rules of Court
made under the provisions of this
Order.

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)’ [‎96r] (191/394), British Library: India Office Records and Private Papers, IOR/R/15/5/293, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033395678.0x0000c0> [accessed 30 January 2025]

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