Coll 30/111 'British Naval Stations in: Establishments at Khor Quwai and Bahrain. Evacuation of Henjam and Basidu.' [‎551r] (1108/1154)

11
42. On this assumption, the questions for settlen,™*
(a) the extent to which and the pn " tlement a PP^r to be
at liberty, having regard to thrconstruTtfon 10 !,’ GOTernmeilt are
the Declaration of 1862, to acquire rich ! h / S been P laced
m Muscat territory for ^aval purposes r6SpeCt ° f the use of a «te
(b) whether such conditions are capable of fulfilment
43. As regards the first of these r>oint« i
his private capacity (as distinct Irom the British'V >e 0Pen ^ a !lr ' t ' sh subject in
use as a harbour ov a station under foe terms of ArtfnvTTfr ‘° act l uire la “ d for
Treaty of 1891. H.M. Government themSv“ ‘ cle ^ °, f the ,;!rltlstl Commercial
that the difficulty which had artsen over Bunder fS h shoddl^T 11 Tl 'T
acquisition of a site for a coaling shed bv n Frpnnlt u- be solved by the
was rejected at the time by the French Government pmW% o^SseH
would not h^e been consistent with their prestige to accept it m the li "ht of U
references wh.ch had been made to it in the English Press. There are however
m any event, obvious difficulties about the acquisition of an area which would in
individual 6 USed ° U y ° r 6Ven P redomiaantl y for naral purposes by any private
44. If, on the other hand, rights acquired are acquired by Government and not
by a private individual, the construction of the Declaration of 1862 at once becomes
material. The construction placed on that Declaration in the discussions of
1899-1900 described above was that neither signatory of the Declaration can,
consistently with its terms, obtain a lease or cession of Muscat territory; that
no action is permissible which would be an infringement of the. independence of
the Sultan (compare on this point the opinion expressed by the Law Officers in a
different connection in 1899, paragraph 28 above); and that in these circumstances
to acquire territorial or sovereign rights over property which they use in Muscat,
to fly the national flag, or to erect defensive works, on such property would be a
violation of the terms of that Declaration. (The coal sheds which H.M. Government
have held in Muscat since 1874 have accordingly been held on sufferance only ; the
national flag has not been flown, defensive works have not been erected, and no
territorial or sovereign rights in the area have been conveyed. The coal sheds held
by France from 1900 to 1920 were held on the same basis. Of the other sites at
present occupied by H.M. Government, the use of the site of the civil aerodrome
at Gwadur has been granted by the Sultan, who will receive an annual rent in
return; its use is not confined to British subjects or aeroplanes , the British flag
is understood not to be flown ; and liability for protection rests with the Sultan.
The position in regard to the strategic aerodromes is not clear; but it would appear
that the Sultan, while retaining full sovereignty, has granted the use o the sites m
question rent free, the British flag not being hoisted, and defensive works not being
erected.)
45. It is open to question, in the second place, whether, on J; he
placed on the Declaration in 1899, H.M. Government a y, n yG declaration
recognising that either si^atoiy can claim H.M. Government
corresponding to those which may be acqui - f ^-igQl ap-ainst the French;
felt unable in 1899 to plead the Exclusive A fcoinmunicafed to the French
that Agreement has at no stage beer J ] / thafc i t i s inconsistent with the
Government (and a French statement o the b ^^ liat re 1 ; ains 011 rec0 rd); and
Declaration of 1862, and cannot je that France has no right
H.M. Government urged m the course of t t 0 nossess (paragraph 36 above),
to auy privilege which England has not a so • » that the French, for reasons
The point is of some importance because 0 ^ at a j a t er stage, might
of prestige or from a desire to embarrass, w hich (despite the provisions of
advance a claim to a corresponding 00^6^ ^ di fft cu it for the Sultan or for
the Exclusive Agreement of 1891) i &
H.M. Government to resist. Government might reasonably
46. From the above it would appear that • • in t erna tionai engagements,
claim to be entitled, consistently with ' gypan of Muscat, so long as those
to acquire rights in the Khor Quvvai rc ^ . , 0 £ pq s Highness, conveye no
rights were without prejudice to t , e r nvo l v e the flying ^ tbe natlona . .
territorial or sovereign rights, am ^ nee q pe no question of any acquisi i
or the erection of defensive works.