ملف ١٩٢٣/٤٠١١ الجزء ٢ "الخليج الفارسي: مفاوضات ١٩٢٨ هنجام" [و‎‎٩‎٠‎٨] (١٩٣٤/١٨٢٢)

19
7. The course which ought to be pursued in this and other similar cases is, in the
opinion of His Excellency m Council, as follows The crime should be treated as one com
mitted in a foreign territory, in which the British Government has a representative for
political purposes, and where there is no proper tribunal to take cognizance of such cases
and to bring offenders to justice. It is said by Colonel Belly that there is no official in
these regions who has authortiy to try a case of murder, and it is not even clear from the
correspondence, especially from the Resolution of the Bombay Government dated the 17th
of July last, ISo. 1857, whether any one has jurisdiction to take cognizance of minor
offences.
8. If this be the case, some official at Bassidore should be at once empowered to hear
and decide petty criminal cases, as well as to hold sessions for the trial ofe persons accused
of the heinous crimes of muider, robbery, and the like, and to refer the proceedings on such
trials, for confirmation, to the Political Resident in the Persian Gulf. The official holding
the trial at Hassidore would, in the eye of the law, he thus merely using the delegated
authority of Persia and Maskat. The Political Resident should be empowered to pass
sentences in all referred trials within the limits assigned to Sessions Judges in the Bombay
territory, and in all cases in which a capital sentence is deemed necessary, the proceed
ings should be referred by the Resident, for confirmation or otherwise, to the Government
of Bombay.
9. This is the system which has been adopted on this side of India in the cases of
crimes committed in Rajputapa, Indore, and other Native States, where a high official
resides and exercises political and judicial authority. Such cases are there tried by the
representative of the British Government, using the delegated authority of the Native
ruler, and the sentences are referred eventually for confirmation to the Government of
India in the Foreign Department. Copies of proceedings in two trials so held are forward
ed for the information of the Government of Bombay.
10. His Excellency in Council is aware of no reason why this form of procedure
should not be successfully followed in the case of Bassidore : and, subject to any opinion of
suggestion which the Bombay Government may wish to offer on the matter, he thinks
measures should be immediately taken to provide for the administration of justice and
the punishment of crime in this case and all others in the mode above indicated, and thus
to put an end to a state of things so obviously derogatory to the credit of the British
Government.
67 The following letter of Colonel Ross at Bassidore contains an interest
ing review of our position at Bassidore :—
^ In your office No. 2282-P., dated 2nd October 1877, a report is called for showing
the grounds for the opinion expressed by Lieutenant-Colonel Prideaux m his letter No. 183
dated 19th duly 1877, that the station of Bassidore has always been regarded m the Persi
Gulf as a British dependency, I have now the honour to comply to t e est o my power
with this instruction.
2 I presume it is desired that the report should include all available information o
enable Go"—t to iudge. not only as to the Bght in tt potiont
tually regarded as concerns our tenure or otherwise of the ^rounds f P
assumed.
3. In this view it might be convenient to consider the following three points
separately :—
(1) Onr actual position at Bassidore adhering to the simple facts of the ease apart
from questions of jurisdiction or rights of possession, etc.
The nature of the tenure as habitually regarded by British^authorities^aUn
others, as shown by correspondence on record, a y
assumed rights and prerogati\ es. ,
+>,0 -fi+lp under which we occupy
The nature and validity or otherwise ;„| lt 0 f possession has
Bassidore, and whether under the circumstances a right P
been established. n
it will be seen that iff the Administration Reports^ the
Persian Gulf for the past four years Bassidore (or Basiduh) is
(2)
(3)
4. As regards the first point, ^s— ^as a^British
station, and in the occupation of the British Goyernment.andjs repore ^ ^
from Persian and Arab ports or territories. 0 _^ red at Bassidore, as much perhaps for
qU ' We are thus, or so far, m
present time a guard of a native regiment is
presellL lime a guaxu. ur « o mirnoses vVe are tnus, Oi fee
the sake of marking our position as for protec P _ "riroperty of the British Gov-
military occupation of the place. We ha\e m i depot. The British flag, i.e.,
ernment ; likewise a good stone pier, water tan s, ^ ^ and Maskat, to mark the
constantly flown, not, as at Busmre ana
the plain Union Jack is
’ isn-s