‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [141r] (281/394)
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.
5
/
V
or administration of persons or property, or in relation thereto,
shall be exercised under and according to the provisions of this
Order, so far as this Order extends and applies.
10. Every judge and officer of the Courts established under
this Order shall, as far as there is proper opportunity, promote
reconciliation and encourage and facilitate the settlement in an
amicable way, and without recourse to litigation, of matters in
difference between persons subject to this Order, or between
persons subject to this Order and persons who are not subject to
this Order, within the limits of this Order.
Part II.— Application of Law of British India and of thb
United Kingdom.
11. —(1) Subject to the other provisions of this Order, and to
any Treaties for the time being in force relating to Kuwait, His
Majesty’s criminal and civil jurisdiction in Kuwait shall, so far
as circumstances admit, be exercised on the principles of, and in
conformity with, the enactments for the time being applicable as
hereinafter mentioned of the Governor-General of India in
Council, and of the Governor of Bombay in Council, and in
accordance with the powers vested in, and the course of procedure
and practice observed by and before the Courts 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 beyond the limits of the ordinary original jurisdiction
of the High Court of Judicature at Bombay, according to their
resj>ective jurisdiction and authority, and so far as such enact
ments, powers, procedure and practice are inapplicable shall be
exercised in accordance with justice, equity, and good conscience..
(2) The enactments mentioned in the Schedule to this Order
shall as from the commencement of this Order apply to all
persons subject to this Order.
(3) Any other existing or future enactments of the Governor-
General of India in Council, or of the Governor of Bombay in
Council, may be applied to Kuwait by King’s Regulations under
Article 78 of this Order.
(4) Any Act of the Governor-General of India in Council, or
of the Governor of Bombay in Council, whether passed before or
after the commencement of this Order, amending or suostituted
for any Act of either of those Legislatures which applies or may
be applied to Kuwait, shall, subject to the provisions of this
Article, also apply to "Kuwait.
(5) The Court may construe any enactments in force in
Kuwait, under the provisions of this Article, with such altera
tions not affecting the substance, as may be necessary or proper
to adapt the same to the matter before the Court.
12. The enactments described in the First Schedule to the
Foreign Jurisdiction Act, 1890, shall apply to Kuwait, as if it
were a British Colony or Possession, but subject to the provisions
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