Page 34 - Historical Summaries (Persian Gulf - Vol II) 1907-1953

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presided over by the Ruler’s uncle, Abdullah, and the Financial Adviser hears
appeals from the Senior Courts. All these Courts hear both criminal and civil
cases. Separate Sunni and Shiah Shara Courts try cases which have to be decided
in accordance with Muhammadan law. There is a Shiah Appeal Qadhi but the
post of Sunni Appeal Qadhi has been vacant for some years. Commercial cases
are referred to the Majlis al Tujarah, a committee of merchants presided over by
the Ruler’s brother, Abdullah. There are many complaints against the magistrates
who are all members of the ruling family, not because they are venal but because
with one exception they have no judicial training and having no codes to guide
them are inconsistent in their decisions. In criminal cases, according to the
Financial Adviser, the principles of the Sudan Penal Code are supposed to be
followed. A new Penal Code is under preparation for the courts functioning under
the Orders in Council to replace the Indian Penal Code, which is at present being
followed, and it is hoped that it will be possible to persuade the Ruler to adopt the
new Code for his Courts. As recommended by Sir Eric Beckett,(32) who visited the
Persian Gulf in 1952, attempts have been made hitherto without success to persuade
him to employ permanently a British judicial or legal adviser to assist him in the
reorganisation of his Courts and the drafting of legislation.^3) For the latter
purpose he does on occasions employ Mr. Ballantyne, a British lawyer practising
in Bahrain.
23. A Land Registration Department is maintained with which all transfers of
immovable property have to be registered in accordance with a decree issued by the
Ruler in 1947 and enforced against persons subject to the Order in Council-by a
King’s Regulation.^4) In view of the large influx of foreigners into Bahrain and in
order to protect the interests of his own subjects the Ruler has found it necessary to
issue decrees placing restrictions on the requisition of immovable property by
foreigners. The first of these, which was promulgated in 1937, was of a retaliatory
nature and was largely directed against the Persians who had prohibited the
acquisition of immovable property by foreigners in their country. This decreed5)
and a subsequent amending decreed3) were applied to persons subject to the Order
in Council by King’s Regulation. In 1949 the Ruler issued a decree prohibiting
absolutely the transfer of immovable property by Bahrain nationals to persons who
were not Bahrain nationals except with the consent of the Bahrain Government.
In 1952 a revised decree was issued which also prohibited the transfer of immovable
property by foreigners to foreigners. This decree was not enforced as it stood
against persons subject to the Order in Council but a Queen’s Regulation^16) was
made embodying its provisions. In 1944 the Ruler issued a decree regulating rents
and leases which was repealed and replaced by a new decree in 1946. The latter was
enforced against persons subject to the Order in Council by a King’s Regulation in
1951. As this Regulation was found to contain defects it was repealed and replaced
by a Queen’s Regulation in 1952.(37)
24. Bahrain as a commercial centre has attracted many foreign, including
British, firms. A General Merchants’ Association, including representatives of
both local and foreign firms, was formed in 1938 and recognised by the Bahrain
Government as a Chamber of Commerce in 1951. In recent years the Ruler has
adopted a pohcy of reserving as much local business as possible for his own
subjects. Indian and Pakistanis are not now permitted to settle in Bahrain in
order to set up business, though there is no interference with the many Indian
and Pakistan shop-keepers who are already there, and a promise has been given to
the Ruler that he will be consulted before any foreign firms are permitted to set up
business (para. 5 above). It is probable that he will only agree to new foreign firms’
establishing themselves if they form local companies and take Bahrainis into
partnership. There is as yet no local company law which would make the
registration of such companies possible but one has been drafted by the Bahrain
Government and is under consideration by Her Majesty’s Government who are
anxious to ensure that it is issued in a form which can be made applicable without
modification to persons subject to the Order in Council. Foreign firms have long
been urging the enactment of legislation to protect patents and trade marks. A
(”) Sir E. Beckett’s Report. (EA 1142/6 of 1952.)
{,2 £jR-tofF;0* 16446/2719/52 of October 8. 1952 (EA 1647/207—1952).
(”) No! 1 of 1937 and No. 1 of 1938.
(*') No. 5 of 1953.
(") No. 3 of 1952.