Page 59 - Historical Summaries (Persian Gulf - Vol II) 1907-1953

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Ibn Saud and the Ruler of Qatar were asked only whether they wished His Majesty’s
Government to look after their subjects in Bahrain and that they replied in the ;
affirmative.C") An Order in Council (approved and dated 1913) was issued in 1919
which limited the jurisdiction of the Political Agent to “ foreigners with respect to
whom the Shaikh has agreed with His Majesty for, or consented to, the exercise of
jurisdiction by His Majesty.” In 1920 as a result of the replies received from Ibn
Saud and the Ruler of Qatar the Political Agent issued a notice that all foreign
subjects including Persians and subjects of Arab Rulers and Chiefs other than
those of Bahrain, were, while in Bahrain, entitled to British protection. Jurisdiction
was exercised accordingly until 1952. The Order in Council of 1913 was replaced by
a new Order in 1949 to give effect to changes rendered necessary by the transfer of
responsibility for the Gulf States from the Government of India to His Majesty’s
Government. A further Order was issued in 1952 embodying a number of changes
in the composition of the Courts and other jurisdictional matters.
109. In April 1949 Shaikh Salman wrote with reference to the Order in
Council of 1913 asking to be supplied with copies of any letters from the Shaikh
of Bahrain in which he requested or agreed that Arabs of Kuwait and Qatar or the
Trucial Coast should be subject to the powers conferred by the Order.(i,;) In June
when he had been supplied with a copy of the 1949 Order in Council he wrote to
the Political Agent drawing attention to the discrimination made between Bahrain
and neighbouring States (Kuwait and Qatar) in the matter of jurisdiction over the
Arab subjects of such neighbouring States, denying that the term “ foreigners ” in
Shaikh Isa’s letter covered Arabs and asking that the operation of the new Order
in Council should be suspended until this and other questions which he had in
mind had been considered and replied to by His Majesty’s Government. In
February 1950 he asked also for the cession to him of jurisdiction over Saudi
Arabians as a result of a letter which he had received from the Amir of Hasa asking
him to interfere in the administration of the estate of a deceased Saudi merchant
which was being dealt with in the Court of the Political AgentT'*) (paragraph 80
above). In April 1950 Salman was informed that His Majesty’s Government were
willing to cede to him jurisdiction over the subjects of Kuwait, Qatar and the
Trucial Coast and that steps were being taken to amend the Order in Council.C1*)
The Rulers of Kuwait and Qatar but not of the Trucial States were also informed
of His Majesty’s Government’s intentions. Early in 1951 Salman was told that
His Majesty’s Government were willing to cede to him jurisdiction over nationals
not only of Saudi Arabia but of Muscat and Yemen as well,(M0) but it was not until
1952 that a formal exchange of letters took place confirming the cession of
jurisdiction to him (Appendix G (ii) and (iii)). In November 1952 the Ruler asked
for the cession of jurisdiction over Persians. It was agreed that this request should
be granted and he was informed accordingly in 1953(2SI) but there was no formal
exchange of letters on the subject. An amending Order-in-Council(iS2) giving effect
to this change in jurisdiction came into force in September 1953.
110. In April 1952 the Ruler wrote to the Political Agent that while he was
willing to agree that cases between foreigners should be heard in other Courts than
his own, subject always to his prior consent in each case, he desired that unless he
agreed otherwise the foreigners who lived in his country should be subject to his
laws and regulations in the same way as foreigners living in other countries are
subject to the laws of the countries in which they stay.(2“) The Political Agent
informed him orally that it was not possible to agree to his proposals and he did
not press them. The Political Resident expressed the opinion that the Ruler s main
anxiety was that foreign firms should not be permitted to set up business in
Bahrain without his consent, and that while in Bahrain they should be subject both
to his laws and to his executive direction, and thought it probable that the matter
would be brought up again when the company law which was being drafted
(paragraph 24 above) was ready for discussion.

/3..) pr toF.O. 107/12/50 of March 3. 1950 (EA 1646/3 of 1950).
/a»»{ P R to F.O. 85/79/49 of December 13. 1949 (E 15336/1642/91 of 1949).
/a.n PR to F.O. 107/11/50 of February 27. 1950 (EA 1646/2 of 1950).
/*.#{ pr to F.O. 107/28/50 of July 8. 1950 (EA 1646/6 of 1950).
M P R to F.O. 1642/8 of January 20. 1951 (EA 1645/1 of 1951).
P.R. to F.O. 1641/2/15/53 of March 3. 1953 (EA 16411/2 of 1953).
)***{ The Bahrain (Amendment) Order 1953.
(’”) P.R. to F.O. 15324/39/52 of October 31. 1952 (EA 1647/22 of 1952).