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legal and constitutionai. developments xxxvii
extraterritorial jurisdiction in Bahrain. This British foreign
jurisdiction, based upon the authority of the Foreign Jurisdiction
Acts, 1890 and 1913* was first applied to the territory of Bahrain by
virtue of the Bahrain Order in Council of 1913, but was not
exercised in Bahrain until 1925. Originally, British extraterritorial
jurisdiction in Bahrain extended to all persons except Bahrainis.
But during the last twelve years preceding independence, the British
Government adopted a gradual process of transferring jurisdiction
to the Bahraini national courts in respect of certain categories of
foreigners, including nationals of Arab and Muslim countries. In
addition, jurisdiction was latterly transferred to those courts in
respect of certain subject-matters, irrespective of the nationalities
of the persons involved. This process of progressive transfer of
jurisdiction to the national courts of Bahrain in respect of foreigners
gradually increased the jurisdiction of these courts during the period
preceding the declaration of Bahrain’s independence on 14 August
1971. However, steps towards the termination of British
extraterritorial jurisdiction were taken on 6 and 11 July 1971, when
the Amir of Bahrain and the British Political Agent for Bahrain
exchanged letters in which they agreed that the “general
retrocession of Her Majesty’s jurisdiction will be completed on 31
July 1971 ”.2
This agreement, in effect, terminated the powers conferred by the
Bahrain Orders in Council of 1959 to 1969, in respect of British
exercise of jurisdiction over British subjects and non-Arab and
non-Muslim foreigners in Bahrain. 3
It should be pointed out, however, that between 31 July and 31
December 1971, the British Government continued, with the
concurrence of the Government of Bahrain, to exercise limited
jurisdiction over members of British forces and certain British
subjects registered as being in the regular service or employment of
the British Government.4 On 31 December 1971 withdrawal of
British military presence in the Gulf area was completed.
Consequently, the Bahrain national courts now retain full

1. 1890 Act, 53 & 54 Viet. c. 37; 1913 Act, 3 & 4 Geo. 5.0.16.
2. Official Records of the Bahrain Government (1971). For the compilation of laws
and regulations for the exercise of British foreign jurisdiction in the “British
Court for Bahrain”, see P.G. Gazz. (Suppls.) Years 1952-71 London
(H.M.S.O).
3. See Termination of Jurisdiction Regulation 1972, Queen’s Regulation, No. 4 of
1972 (P.G. Gaz. vol. 20, No. 1, May 1972).
4. The temporary arrangement for the exercise of a limited British jurisdiction
between July-December 1971, was contained in two separate Queen’s
Regulations, namely, the Bahrain Transfer of Jurisdiction Regulation 1971,
dated 20 July 1971, and the Bahrain Transfer of Jurisdiction (Amendment)
Regulation 1971, dated 24 December 1971.