"ملف ٧/٦ I مهبط الكويت" [و‎‎٩‎٢] (٥٢٤/١٨٨)

gote by Legal Adviser, India Office, dated 13th April t i9M.
I^ie primary subject matter of Clause 8 is sites -
meaning apparently land sites - which have been selected
by His Majesty 1 s Government for defence purposes or
under heads specified in Clause 8* A flying boat
achorage with moorings in the sea off this quarantine
site (which I take it is in a harbour) would presumably
come under the tf development of harbours" just as much
as e.g. building jetties or buoying a deep-water channel.
The clause contemplates the development of
harbours
(a) by His Majesty's Government with a proviso in
favour of the Company in certain events;
(b) by the Company in which case their control is
complete and exclusive.
The Company could not therefore object to His
Majesty’s Government under the Sheikh’s authority
putting down moorings, either now or later (now for
choice). This does not get rid of the proviso to (a)
above but seems preferable to allowing the situation
in (b) to arise.
If the sites contemplated by Clause 8 are not
necessarily land sites, but might also include sea sites,
it does not seem to lead to any useful conclusion in
the present case to suggest that a demarcated area in
the sea selected for seaplane moorings may itself be a
site, because so long as it is in a harbour the proviso
under Clause 8 would attach.
On the question of the land site, it may be worth
consideration whether, although acquisition of the
particular site has, as regards the Sheikh, been refused
for the present, it may still be open to His Majesty’s
Government, as between the Company and His Majesty’s
Government/