"الملف 14/115 VII الملحق (B 9) أكسيد جزيرة أبو موسى: مواد خلفية حول هذه القضية" [و‎‎١‎٣‎١] (١٩٠٤/٢٧٢)

15
B.
BenrnrU on the Germam exposition of tU position of Shaikh Sagar with respect to the
u K\mi D C mvany 0 f less€es f r(m vof
was tTadminh^uJ^^T^'^ er
the l2| * W — t e saicl was that Shaikh Sagar cancelled
' * sovereign rights of jurisdiction. We went on to
tweeii mri-T^rf d A* P" 001 ?® 4 motive was the desire to administer justice be-
veh T1 k w f f 11 r ri er n / gat( ; r y the unauthorised action of Hasan Samai-
tA(i\r< j i0 'l 111 e he same bearing as the German quotation of us.
A i Ca T d the lease agreem * * »
, i Iff 1 Th f given by a fudge app sovereign.—This dispute will
ro ' H f. % re f ,ea - 6 t0 Ubst rf t P rinGi P les of Muhammadan Law, to which
Sr fttentwn M'.paid locally. Ail these Arab rulers, the Su'tan of
iSmsel^f^W^ Bahrain ' K o wei t^tc., administer justice
'" ^ ie ^ errin g to the Shera points which obviously concern them.
Although the German Government are pleased to consider it surprising, it
seems a very natural thing to us, m a case which primarily concerns only the Shaikh
and three Bptisn subjects, to allow the Shaikh as Ruling Chief to take such
measures as he may-see fit to regulate the matter, with what we consider is due
regard to the interests of our subjects. But he has not given a judicial decision
as between the partners {vide items 48 and 66).
and
» 9 * 1 ' '-S cMS € r .-J * C \~s v./ / (yO \Aj i/\A/ f 'sJTKS 3 f \s\/V \j(j f ct
bringing iorward this argument the German Government renew the attempt which
they tnaae before to bring the dispute away from the jurisdiction of the Govern-
TV"? on f nT s ri / ^ ! o o-i-t 4-T-» ^ «ri.J ^ 4- x 1_ _ "r» r^t t a »
- . p -r i • T , - r ^xxx vxxv^ j u.iAOU.A^l;lUU Ui tilt? UrOV 0111-
menu oi mdia and the Resident m the Persian Gulf, into the sphere of the Con
sulate-General at Bushire and His Maj esty's Legation at Tehran. The point is an
important one, and it is very necessary for us to maintain our present attitude in
regard to it.
The actual document was executed at Shargah and the partial reason for the
inclusion of Esa bin Abdul Latif in the concession was in order that one of the
concessionaires might reside at his headquarters and so be in touch with the Shaikh,
lij is a pnre accident that the Samaiyehs, who are of Bahrain origin hanpen to
aye at Lmgah. They might equally well be residing r,t Bahrain or Koweit.
Abu Musa appertains not to Lingah or Persia, but to the Trucial Coast and to the
jurisdiction of the British representative at Bushire in his capacity of political
omcer accredited by the Government of India to the Shaikhs and principalities of
the Arab Coast and islands of the Gulf.
As I urged in my note of February 12th, 1910, as long as we deal with the mat
ter as one concerning the Government of India's Residency jurisdiction we are
m a much stronger position to lay down what the Shaikh, who is a law unto himself
can do and can be permitted to do. I may mention that in the case of a current
claim on the part.of Hasan Samaiyeh for compensation for loss of war alleged to
have disappeared from Abu Musa,-1 was careful, when holding the enquiry, to take
a™ Pfrt-ies over to Abu Musa and make the investigation there in the presence
ot the yhoifccx bhargan s representative.
m It'stm remains to consider tM further
cancelung of the _ leaps agreement and witlidr
admismHe.-~^]xiB is a question concerning the Shaikh and the British authorities
oiiiy. me l>rjtish aovernment hold that the Shaikii's action was fully iustified
by the circumstances. The Shaikh and the Government of India were prevented
xrom going iurtner and making any adjustment between the three concessionaires
inter se by tne lu-advisea aqion of two of them in attempting to drag in the German
firm and Government. W hen the matter is allowed to take its natural course it
may be possible to regulate matters as between the concessionaires.
The legality of Hasan s action was a matter for the Shaikh and the Govern
ment of India to decide. If Messrs, Wonckhaus' commercial interests were preju
diced by Hasan s action, it was for him to seek commercial relief in the usual way