Page 260 - Gulf Precis (VII)_Neat
P. 260

16
                           not entitle such persons to British protection and privileges in Persia, but that
                           only good offices could be extended to them by the Residency. The Resident
                           quoted Lord Derby's ruling of July 1876 (Colonel Ross to the Governor of
                           Mauritius, No. 93, dated 29th February 1884).
                              The reply of Colonel Ross was approved by Earl Granville (Ronald
                          Thompson to Colonel Ross, No 24, dated 18th July 1884).
                           (liv) Status In Persia of Persians born and domiciled in India and British born
                                        Persians : Case of Haji Mohamed Kermani, 1884.
                              395. In 1884 the Persian Consul-General raised in a letter to the Bombay
                                                      Government two questions :—
                            External A., September 1684. N01, aio aja.
                                (1) whether Government could grant certificates of naturalization to
                                     Persian born subjects domiciled in British India and (2) whether
                                     children born in British India of Persian parents could be considered
                                     natural born British subjects. The Persian Consul-General conlen-
                                     ed that the British Government, according to the convention
                                     of 1857 (article 12), agreed not to accept any application from
                                     the Shah's subjects for naturalization and could not grant certificates
                                     of naturalization to the class under (1) and could not regard the
                                     latter class (2) as British subjects. There was at this time also an
                                     application from Haji Mahomed Kerman, a Persian, who had
                                     settled in Bombay in 1859, and had several children born in
                                     Bombay, whom he sent to Yezd in Persia. He claimed a certificate
                                     declaring them British subjects, so that they might reside in
                                     Persia as such.
                              396.  The Government of India expressed the opinion that certificates of
                          naturalization could be granted to class No. 1 under Act XXX of 1852, and that the
                          treaty of 1857 did not preclude such a course of action, but that having
                          regard to section 8, such persons could not claim in Persia as against the Persian
                          Government the rights and privileges of a British subject. On the 2nd point
                          reference was invited to Lord Derby's Despatch of 24th July 1876.
                           (lv) Status of a British naturalized subject of Persian origin : Case of Abdul Hussain
                                       Shirazi of Bombay : Lord Salisbury’s ruling, 1889.
                             397.  Abdul Hussain, whose father had obtained a certificate of naturalization
                                                       in 1858 and with whom as a minor
                             External A., March 1889, Nos. 8-ia.
                                                       he had been then living, was travel­
                         ling in Egypt with passport from the Government of Bombay describing him and1
                         his children as British subjects. The question arose whether he was amenable to
                         the jurisdiction of the Persian Consul-General in Egypt. Lord Salisbury in writing
                         to Sir E. Baring (No. 16, dated 11th January 1889) stated—
                             It is to be borne in mind that on the consideration of the question that British Indian
                         naturalization has no legal effect beyond the limits of British India and although Abdul
                         Hussain's passport is sufficient to entitle him to British diplomatic and consular protection
                         in foreign country; it would not necessarily be sufficient in strict law to withdraw him from'
                         Persian jurisdiction in Persia nor from the jurisdiction of the Persian Consular Court in the
                         Ottoman dominions, when those courts have ex-territorial jurisdiction. But as from
                         enquiries made it had been found that Pcrsiau subjects, who had received Persian
                         naturalization had been treated as Russian subjects in Persia, Lord Salisbury decided
                         that Abdul HusSain Shirazi should be considered and treated in Egypt as a British protected
                         subject and as outside the Persian Consul-General's jurisdiction.
                             398.  In a reference made in February 1892 by the Resident, Sir Francis
                                                       Lacelles informed him that the above ruling
                            External A-, May 1892, Nos. B. 0-130-133.
                                                       was  generally applicable, but that special
                         cases should be referred home (letter dated 26th February 1892).
                         (lvi).—Status in Persia of naturalized British subjects and natural born British
                            subjects being children of Persian parents: Mahomed IbrahimS hirazis case,
                            1889; Lord Salisbury's ruling of 1889 modified.
                            399.  In 1893 the question was raised as to the rights to British protection
                                                       in Persia of one Mahomed Ibrahim Shirazi
                             becret E., January 1894, Noj. 187.510.             of British
                                                       who held a certificate
   255   256   257   258   259   260   261   262   263   264   265