Page 119 - Historical Summaries (Persian Gulf - Vol II) 1907-1953

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reference to the obtaining of the consent of a foreign Government before the
exercise of jurisdiction over its subjects. The articles which had been amended were
shown to the Ruler who slated in writing that he had no objection to them (37J)
The new Order was issued on February 21, 1935 and came into force on July 1
I
1935. It remained in force until 1949 by which time the judicial work of the
Political Agent’s Court had increased, 36 cases in all being heard during the
twelve months which ended on September 30, 1949. No dispute with the Ruler
over jurisdictional matters appears to have arisen. In 1948 he tentatively
suggested that jurisdiction over Indians and Pakistanis should be transferred to him
but he did not pursue the matter when the suggestion was negatived. A new
Order in Council was issued on March 29, 1949, to introduce a number of
amendments which had been made necessary by the transfer of power in India
and certain shanges in the constitution of the Courts. It was not shown to the
Ruler before issue.
169. “Kuwait subject’’ had been defined in the 1935 and 1949 Orders in
Council as meaning “ a subject of the Shaikh of Kuwait and any person, not being
a British subject, who is a national of any other Muslim State.’’ Towards the end
of Ahmad’s reign a difference of opinion arose with the Ruler whether the Lebanon
was or was not a Muslim State and doubts on this subject enhanced the difficulty
of taking action against a Lebanese air line for its unauthorised use of the Kuwait
airfield in 1950 and 1951 (paragraph 184 below). The Political Resident was
instructed to endeavour to persuade the Ruler to agree to the names af the Muslim
countries whose nationals would be subject to his jurisdiction being specified, and
His Majesty’s Government raised no objection to the Lebanon’s being included
amongst these.(374) Accordingly in January 1952 the Political Agent wrote to the
Ruler proposing that the clause referred to should be replaced by another defining
his jurisdiction as covering nationals of Kuwait, Saudi Arabia, Iraq, Jordan,
Persia, Syria, Egypt, the Lebanon, the Yemen, Muscat and Oman, Bahrain,
Qatar and the Trucial States and stateless Muslims of Palestinian origin.(37') The
Ruler accepted the proposal in writing (Appendix K (iv) and (v)). A new Order
in Council embodying this and other changes came into force on September 1, 1953.
It does not appear to have been shown to the Ruler before its issue.
170. In 1952 as a result of Sir Eric Beckett’s visit to the Persian Gulf the
Political Resident was instructed to take every opportunity of obtaining the Ruler's
agreement to the appointment of a British Judicial (or Legal) Adviser and to take
up with him the question of making provision in a new Order in Council, which was
then under consideration, for the establishment of Joint Courts.("**) All attempts
to persuade him to employ a British Legal Adviser failed (paragraph 36 above)
and not only did he refuse to entertain the idea of Joint Courts but he suggested
that all mixed cases should be tried in the Kuwait Courts. In consequence no
mention of Joint Courts was made in the 1953 Order in Council.
171. Under powers granted by the Orders in Council the Political Resident
has issued Regulations on a number of subjects and also Rules of Court, Legal
Practitioners Rules and Criminal and Civil Appeal Rules. Owing to the refusal
of the Kuwait authorities to co-operate in legislative matters the only local laws,
other than the Air Navigation Regulations (paragraphs 178 and 183 below), which
have been enforced by Regulation are the Mina al Ahmadi Port Regulatiom )
(paragraph 93 above) and the Kuwait Income Tax Decreed'K) (paragraph 98 above).
These were drafted by His Majesty’s Government and apply primarily to the Kuwait
Oil Company, Kuwaitis being little affected by the former Regulation and not at all
by the latter.
172. The question of the exercise of jurisdiction by His Majesty s
Government in the Neutral Zone was raised in 1950 after the American
Independent Oil Company had begun operations there, when it was ruled that tne
Order in Council of 1949 could not be held as applying to the Zone.r' ) It was
specifically excluded from the operation of the Order in Council of 1953 but power
was granted to the Political Resident to make the Order applicable to it by a
(«■) I.O. to F.O. P.Z. 7270/34 of November 28. 1934 (E 7139/89/91 of 1934).
F.O. toP.R. Despatch 168 of October 31. 1951 (EA 1644/17 of 1951).
(jr:’) P.R. to F.O. 1645/3/52 of January 24, 1952.
(**•) F.O. to P.R. Despatch 134 of July 31, 1952 (EA 1642/70* 1952).
(»”) No. I of 1951.
(3T*) No. 3 of 1951.
C”) F.O. to P.R. EA 1532/31 of August 30. 1950.