Page 213 - Historical Summaries (Persian Gulf - Vol II) 1907-1953

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of the Court of the Political Agent and given the powers of a District Magistrate
and Sessions Judge and of a District Judge as defined in the Indian Codes. The
Sultan, jealous as always of his independence and bearing in mind the changed
status of India, gave notice of his desire to terminate the Commercial Treaty of
1939 as soon as it was permissible for him to do so, his chief object being the
elimination ol the article which conferred jurisdiction on His Majesty. This article
was in fact omitted from the Treaty of 1951 but the Sultan was persuaded to
exchange letters (Appendix C (i) and (ii)) agreeing that the British Consular
authorities should continue to exercise full jurisdiction over (a) citizens of the
United Kingdom and Colonies, {b) Southern Rhodesian citizens, and (c) British-
protected persons, excluding Muslims in all classes, and that in respect of the
nationals (including Muslims) of other Commonwealth countries, with certain
specified exceptions, they should hear and decide cases, except those in which the
complainant or plaintiff was the Sultan’s Government or a national of the Sultan.
The same exchange of letters provides for the automatic application of all the
Sultan’s laws and regulations to British nationals and for the deportation of any
such national at the Sultan’s personal request. In a separate letter the Political
Resident informed the Sultan that the Governments of the Union of South Africa
and of Pakistan had intimated that they did not wish that their nationals should
come under the jurisdiction of the British Consular authorities under these
arrangements. This gives rise to an anomalous situation especially in respect of
Pakistanis, of whom there are a certain number resident in Muscat, as the Sultan
has refused to take jurisdiction in cases in which British Commonwealth nationals
are concerned and no Muscat interests are involved.

86. A new Order in Council is under preparation to give effect to these
changes, and meanwhile the Order in Council of 1949 is being administered
subject to them. Their effect has been greatly to reduce the judicial work of Her
Majesty’s Consulate as the number of persons over whom full jurisdiction has been
retained is very small.

(b) Facilities for the Royal Navy
87. In 1935 the Sultan agreed in writing (Appendix D (i)) that the Royal
Navy could construct small buildings on the northern end of Ghanam Island, and
a mooring for an oil barge in Khor Quwai, the channel which separates the island
from the Musandam Peninsula. Naval personnel were to be free to visit the whole
of the island provided they did not interfere with the goats there but the buildings
were to be restricted to a limited area. No flag was to be flown. During the War
the naval buildings at Khor Quwai were extended and a wireless station was
erected there. A flag was also flown. The Political Resident held that the
Sultan’s undertaking to give His Majesty’s Government all the facilities they
required during the War covered these developments and that no reference to the
Sultan was necessary.!133) In 1945 Khor Quwai was made over to the Royal Air
Force for air-sea rescue work with the Sultan’s approval. In April 1946 all Royal
Navy and Royal Air Force personnel were evacuated from Khor Quwai and the
wireless apparatus was dismantled. The base was placed in charge of a caretaker
and arrangements were made for one of His Majesty’s ships to visit it at
frequent intervals. At the end of 1946 the Sultan enquired to what extent Ghanam
Island was being utilised. The Political Agent replied stating the Royal Navy's
requirements and promising that no naval personnel would be stationed on the
island, no additional buildings would be erected and the wireless station would not
be brought in use without his permission (Appendix D (ii)). The Sultan accepted
the proposals without making any further conditions (Appendix D (iii) and (iv)).
88. Under Article (6 (4) (c)) of the Treaty of Friendship, Commerce and
Navigation of 19510 the Royal Navy are permitted to import their
requirements into Muscat territory free of customs duties, provided they conform
with the customs formalities. No prior permission is required for Her Majesty s
ships to visit Muscat territory but it is necessary to give the Sultan prior notice,
and to consult him before any visit is paid to a place which is not ordinarily visited,
if it is intended to make any landings there. Naval parties are not allowed to move
inland for shooting or other purposes without the Sultan’s permission.
(»“) I.O. to F.O. Ext. 4515, Ext. 4516 of August 25. 1943 (E 5037/4420/91 of 1943).
(•”) No. 11 V. T.C.