File C 7/9 Repatriation of persons convicted in Agency Courts in the Gulf [‎17r] (33/42)

(12/36/49)
PERSIAN GULF The historical term used to describe the body of water between the Arabian Peninsula and Iran. 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.
BAHRAIN,
14th September, 1949.
Dear Department
V»e are very sorry we have/been so long In
replying to your letter E.5433/1648/S1 of the 17th
^ay about the cost of the removal of prisoners from
the Gulf States under the Colonial Prisoners Removal
Act.
So far as we are able to Judge the position
at this end we agree with the Home Office tnat the
cost of removal of prisoners from the Gulf States
should be borne by the Foreign Office and the cost of
their maintenance while in an English prison by the
Prisons Vote. %e note that the Home Office mention
the cost of the return of prisoners to the Gulf States
but provided appeals are dealt with before prisoners
are removed it appears to us very unlikely that any
question of their return will arise.
•
2. Once a man has been sentenced to imprisonment on
a criminal charge it appears to us that all further
responsibility for dealing with him lies with the Crown
and that no oil company can legally be compelled to
pay the cost of his removal even though they were under
a contractual obligation to do so if he had not been
so sentenced. The Kuwait Oil Company paid under protest
in the Godden case, but we do not think they can reason
ably be called upon to meet a similar charge in future.
3. The incidence of the cost of deportation where a
deportee cannot be called upon to pay it also requires
consideration, vide Article 26 (5) of the Bahrain Order-
. in-Council and the corresponding articles in the other
Crders-in-Council. Presumably this will also ordinarily
^be borne by the Foreign Office. The British subjects
i were deported from Kuwait in the first half of 1948 and
5 if we remember rightly the Kuwait Oil Company paid the
S cost of their air passages, also under protest. Where,
however, a deportation is made at |the request of an oil
company possibly they might be calIe<Fupon tb bear its
t cost.
N,
4. We are sending a copy of this correspondence to the
Kuwait Agency An office of the East India Company and, later, of the British Raj, headed by an agent. . If they have any further comments to make
they will no doubt let you and us have them.
Yours ever
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.
Eastern Department,
Foreign Office,
London.