Page 20 - Records of Bahrain (3) (ii)_Neat

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436 Records of Bahrain

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M « now suggested that it bo altered to " Any person not n aubicct
ol Bahrain ; tho reason for tho suggestion being that tbovo aro denominations i
among tho inhabitants and frequenters of Bahrein of whom it can hardly bo
said that they como within tho form or category. J
Under present conditions tho term " foreigner ” in Bahrein embraces [
tho following denominations in prnctico:— !
(?) Subjects of Christian Powers.
{ii) Subjects of Turkey and Persia and other non-Christian Powers.
{iii) Dependents of petty Mohammedan llulors on tho shores or hinter­
land of tho Gulfs of Persia and Oman, such as tho Trucial Coast
Shaikhs and the Ruler of ICoweit, enjoying a greater or less
measure of protection from tho British Government.
(iv) Natives of lCatar or other semi-independent tracts not enjoying
any measure of British protection outside Bahrein.
Sinco tho events of tho winter of 1904-1905/ ending with tho Ultimatum
to Shaikh Esa and tho deportation of his nephew Shaikh Ali bin Ahmed, the
protection or good offices of tho Agency havo been extended, when asked, to
persons of all tho abovo categories, and tho usage has so far received tho recogni­
tion and acquicsccuco of tho Shaikh, that his officials aro now in tho habit of
bringing members of them spontaneously to tho British Agency for tho
investigation and adjustment of thoir claims.
This development operates greatly in our favour, as enhancing our good
name and influence among the trading classes of tho Gulf and - enabling tho
latter to obtain a measure of oven-hauded justice which otherwise they could
hardly hope to get.
It operates especially in favour of tho diving fraternity, an oppressed and
count upon getting fair treatment at the hands of
deserving class, who can now count upon getting fair treatment at the han
the Salifah Court, which, but for our good offices, would often be denied them.
It will bo understood, however, that under this comprehensive definition
of the term foreigner, the onus of protection which has gradually been forced
upon us and of which wo can hardly now divest ourselves, becomes a somowhat
heavy one, and necessitates in my judgment, tho provision of a system of I
Registration for the restriction and control of it. I
On these grounds a 6et of regulations for Registration 1ms been included,
under which a foreigner, while in any caso subject to adverse jurisdiction of
the Agency when necessary, will not bo entitled to claim it uulcss registered.
In paragraph 2 of tho Foreign Department communication under reply it
was slated that reference to Registration had provisionally been omitted on tho
ground .that the Political Agent docs not oxorciso Consular powers, but as my
opinion\vas asked on tho subject, I presume that the application of regulations
for Registration by a Political Agent is not considered wholly impracticable on
any technical grounds.
6. The third fundamental modification which has been suggested and
-which needs explanation hero concerns the quarter to which Appeals shall lio
from the Court of the Political Agent, at Bahrein.
In this connection it will bo noted that in my letter No. 76 of 25th
February 1906 and in Government of India letter No. 1-G., 188 (Secret
External) of Idith November 1907 to His Majesty’s Secretary of Slate, it was
suggested that the District Court at Bahrein should be subordinate to tho High
Court at Bombay.
Tho close examination of this question, however, from all points of view,
has brought tho Political Agents and myself lo the unanimous opinion that it
will bo against the interests of tho Bahrein community, and our political
interests, that Appeal should lio to tho High Court, and it is therefore hoped
that tho Government of India will see their way to recommend that tho Court
of tho Resident in tho Persian Gulf bo. constituted tho “ Chief Court ” for
purposes of Appeals under this Order.
I submit that tho grounds in favour of tho adoption of this courso arc
cogent.