‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [101v] (202/394)
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
This transcription is created automatically. It may contain errors.
of war, or any parts or ingredients
thereof, and for giving effect to any
Treaty relating to the importation or
exportation of the same,
(e) For requiring returns to be made of
the nature, quantity and value of
articles exported from or imported
into Kuwait, by or on account of any
person to whom this Order applies,
or in any British ship, and for pre
scribing the times and manner at or
in which, and the persons by whom,
such returns are to be made,
(f) For the governance, visitation, care,
and superintendence of prisons.
79. — (1) Any Regulations made under the
preceding article may provide for forfeiture
of any goods, receptacles, or things in relation
to which, or to the contents of which, any breach
is committed of such Regulations, or of any
Treaty or any native or local law or custom the
observance of which is provided for by such
Regulations.
(2) Any person to whom this Order applies
committing a breach of any such Regulations
shall, in addition to any forfeiture prescribed
thereby, be liable, on conviction, to imprison
ment for a period not exceeding three months
or to a fine, or to both.
(3) Any fine imposed for a breach of Regu
lation shall not exceed 1,500
rupees
Indian silver coin also widely used in the Persian Gulf.
: provided
that in the case of any breach of any native
or local law T relating to customs law, or under
which the importation or exportation of any
goods is prohibited or restricted, the fine may
extend to a sum equivalent to treble the value of
the goods in relation to which the breach is
committed.
80. — (1) King’s Regulations shall not take
effect until they are allowed by a Secretary of
State, or, with his previous or subsequent assent,
by the Governor-General of India in Council :
provided that in case of urgency declared in
any such Regulations the same shall take effect
before such allow’ance, and shall continue to have
effect unless and until they are disallowed by
the Secretary of State, or, with his previous or
subsequent assent, by the Governor-General of
India in Council, and until notification of such
disallowance is received and published 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.
) and such disallowance shall
be without prejudice to anything done or
suffered under such Regulations in the meam
time.
(2) All King’s Regulations shall be published
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.
in such manner and at
such places as he may think proper.
(3) In this Order lt breach of the Regula
tions ” includes the breach of any native or
local law or custom, the observance of which is
required by any King’s Regulations.
81. Judicial notice shall be taken of this Order
and of the commencement thereof, and of the
appointment of 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.
, Political
Agent, and Judicial Assistant, and of the consti
tution and limits of the Courts and districts
and of the seals and signatures, and of any rules
and regulations made o r in force under this
Order, and no proof shall be required of any of
sufih matters.
82. Nothing in this Order shall deprive 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.
, or an officer subordinate to
him, of the right to observe, and to enforce the
observance of, or shall deprive any person of the
benefit of, any reasonable custom existing in
Kirvvait, unless this Order contains some express
and specific provision incompatible with the
observance thereof.
83. Nothing in this Order shall—
(i) Affect any power or jurisdiction con
ferred by, or referred to in, the Act of
the Governor-General of India in
Council, entitled the Indian Extradition
Act, 1903 (Act XV of 1903), or in the
Indian (Foreign Jurisdiction) Order
in Council, 1902 ; or
(n) Affect any jurisdiction for the time
being exercisable by the Political Resi
dent under any Imperial Act other
than the Foreign Jurisdiction Act,
1890 ; or
(Hi) Prevent 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.
from doing
anything which His Majesty’s Consuls
in the Dominions of any State in amity'
with His Majesty are for the time being
by law*, usage, or sufferance, entitled
or enabled to do.
84. If a question arises whether any place is-
or is not in Kuwait for the purposes of this
Order, it shall be referred to the Political Resi
dent, and a certificate under his hand and seal
shall be conclusive on the question, and shall
be taken judicial notice of by any Court estab
lished under this Order.
85. Not later than the 31st day of March in.
each year, or such other day as the Secretary
of State, or, w’ith his previous or subsequent
assent, the Governor-General of India in Council,,
directs from time to time, 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.
shall send to the Governor-General of India in
Council, for transmission to the Secretary of
State; a report on the operation of this Order’
up to the 31st day of December in the previous
year, or such other date as the Secretary of
State, or, with his previous or subsequent assent,,
the Governor-General of India in Council, directs-
from time to time, showing for the last tw’elve/
months the number and nature of the proceed
ings, criminal and civil, taken under this Order,
and the result thereof, and the number and
amount of fees received, and such other informa
tion. and being in such form as the Secretary
of State, or wdth his previous or subsequent
assent, the Governor-General of India in Council,,
from time to time directs.
86 . — ( 1 ) A printed copy of this Order, and.
of all Rules of Procedure and other Rules for’
the time being in force under this Order, shall
lie kept open to inspection free of charge in the*
Office of 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.
and of each Court
established under this Order.
(2) Printed, copies thereof shall be sold in:
Kuwait at such reasonable price as the Political
Agent from time to time directs.
87. —(1) This Order shall be published in the
Gazette of India within such time after the pass
ing thereof as the Secretary of State may
prescribe, and shall come into force on such
day (in this Order referred to as the commence - 1
ment of this Order), within, six. months after.
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 View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/5/293
- Title
- ‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’
- Pages
- front, front-i, 2r:119v, 122r:125v, 128r:182v, 184r:196v, back-i, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence