Page 24 - Records of Bahrain (3) (ii)_Neat

440 Records of Bahrain

No. M. 48, dated Mnskafc, tho 15th May 1912.
From—Likutrmant.Cownbl Sir P. Z. Cox, K.C.I.E., C.S.I., Political Ucaidont in
tlio.Poreinn Gulf,
.To—Tho Sccro|ary to tho Government; pf India in tho Foroign Department.
•In continuation of my tologram No. M. 4-7 of tlio 10th May, I hnvo tho
honour to submit my views on tho iiunl draft of the Bahrain Order in Council,
which it is proposod to nccopt.
2. I would note in the first placo that Avticlo 1G of tho Government of
India’s draft has been .omitted. No explanation of the omission is offered
in tho Note on tho amendments by Ills Majesty’s foreign Office, but I
presume it has boon hold unnecessary to rnako special provision for tho powers
therein provided.
3. As regards tho other amendments, I havo nothing to urgo ngainst tho
acceptance of tho majority pf them, for, as stated in tho said Notes, they
merely tend to simplify tho languago or adapt it to that omployed in other
Orders in Council; but thcro aro cortain important exceptions to this category
which affect tho spirit and working of tho Order fundamentally, a,ud in regard
to these I beg to offer tho following observations.
4. Article 8, sub-artiolo (2)—*'Forfliguors,,witli respect to whom tho Shaikh
of Bahrain has agreed with Ilis Majesty
for, or consented to, tho cxcrciso of
jurisdiction by His Majesty.”’
It is noted that, tho roforcnco; in tho • Govornmont of India’s draft, to " tho
Sovereign or Governmopt whoso citizens they are” is omitted, and a.comma has
been inserted after “foreigners ”.
I tlieroforo presume that tho effect of this Article now is—
“Foreigners; the Shaikh of Bahrain
having agreed with'Ilis Majesty for,
or consontcd to, the exercise of juris­
diction over them by Ilis Majesty.”
If this presumption is correct,-1 would suggest that tho words alter “ Foreigners”
to tho end of1 the sub-articlo. bo. enclosed in brackets, when tho clause would
read thus—
/‘tForeigners;—(with respect to whom
tho-Shaikh.of Bahrain has agreed’ with
His Mojosty for, or consented to,
tho cxorciso of jurisdiction by His
Majesty).”
If this is not done, it would appear possible for tho Shaikh to argue from
the sub-article, as at prosont worded, that tho discretion rested with him as to
whether jurisdiction over a particular foreigner should be exorcised by himsolf
or by us.
5. Liability of foreigners to deportation.—In Articles 18 and 19 of tho
Government of India’s draft we took powor to deal with “ persons to whom the
Order applies”, whorcas under Articles 21 and 21, as auiondod by the Forcigu
Office, we can only deal with British subjocts.
If the caso of the Bahraini in regular British employ is considered of
sufficient moment to necessitate somo modification of tho words “ persons to
whom tho Ordor applios”, tho provision might bo limited to “ British subjects
and foreigners”, but 1 strongly doprocato tho exemption of foreigners from
tbo liability to deportation.
If His Majesty’s Government hesitate to contemplate tho doportation of
European foreigners, oven in flagrant eases, without their express consont
previously obtained, instructions might bo issued by lottcr to the effect that
the Political llosidont before exorcising his powers in such cases must obtain
tho preliminary sanction of the Governor-General in Council or of His
Majesty’s Secretary of State. Instances of tho kind, however, would bo of
extromo rarity.