FO 371/109929

371

CLOSED UNTIL 1985

109929

EASTERN DEPARTAMENTO

EASTERN DEPARTMENT

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1954 FROM CONFIDENTIAL

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References to later relevant papers

45461

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Despatch No. 38. (16443/10/54. )

CONFIDENTIAL

British Residency

Bahrain.

April 3, 1954.

Aik +18)

.

Sir,

I have the honour to report that Judge Haines, in the course of his recent visit to the Gulf, visited Dohah for the purpose of exploring the possibility of securing the establishment in Qatar of a Joint Court. I understand that a copy of his report will be available to you on Judge Haines' return to London so that it suffices for me to report his conclusion that there is no hope of our securing at the moment the establishment of a Joint Court on the lines which we envisaged

and that we must reluctantly abandon the idea for

the time being. I propose to visit Dohah myself shortly when I will discuss the matter with those

concerned and will thereafter submit my recommendations

to you. 2. In the course of conversation with Judge Haines both Abdullah Darwish and the Ruler referred to

la

The Right Honourable Anthony Eden M.C., M.P., Her Majesty's Principal Secretary of State

for Foreign Affairs, Foreign Office, S.w.l.

en

-

2

-

a letter from Colonel Fowle in 1935 in which, so they alleged, Her Majesty's Government's agreement

to the application of Moslem law to foreigners was announced. I have been unable to trace this letter. The only letter written in 1935 by Colonel Fowle to the Ruler of Qatar on the subject of

jurisdiction does not contain any such statement. Nonetheless I enclose a copy of it and of the Ruler's reply.

I have the honour to be, with the highest respect,

Sir, Your obedient Servant,

otro burrows

(B. A. B. Burrows).

COPY.

Translation of letter No. 7/54 dated the 14th Muharram 1354

(i.e. 18th April 1935) from Shaikh Abdullah bin Qasim ath Thani,

C.I.E., Ruler of Qatar, to the Hon'ble Lieut.-Colonel T.C. Fowle,

C.B.E., Political Resident in the Persian Gulf.

After compliments,

Reference your letter dated 17th April 1935 equivalent to the

13 th Muharram 1354.

2.

Regarding the sub-paragraph of the draft of the Oil Concession

which I gave to Mr. Mylles.

I agree to your demand (proposal) that

disputes between British subjects British protected subjects and the

subjects of non-Muslim Foreign Powers should be settled by the nearest

officer of the High British Government i.e. the Political Agent, Bahrain,

or his representative,

3. I also agree that the disputes between British subjects and the subjects of Non-Moslem Foreign Powers and my subjects should be dealt with by a Joint Court on which I and the Political Agent, Bahrain,

will sit, or on which my representative and the representative of the Political Agent, Bahrain, will sit. The place and the sitting of this Court will be at Doha. As regards the subjects of Moslem Foreign

Powers to whom you referred in paragraph 3 of your proposal, I, on my part, agree to your proposal about them, but will not be responsible for any objection which may be raised by their Governments. 4. I have agreed to these on the condition that the Government

undertake to give their full support to me and to my heir apparent,

my son Hamad, when he succeeds me and that they do acknowledge him as my heir apparent and support him when he succeeds me.

Usual ending.

Registry No. EA. 16413/1

Sir,

DU3

Top Secret Secrēt Confidential

Your Excellency's despatch No 38 Restricted.x. Openx

(16443/10/54) of the 3rd of April 1954 Draft.

on jurisdiction in Qatar has been read with DESPATCH interest. I agree that the time is not yet

ripe to establish a Joint Court in Qatar. To: Bernard CMG Mr. Burrows, Indeed, I doubt whether it would ever be Bahrein.

prudent to try to do so. Clashes between

مه

the Ruler's representatives and our own

on the form trials should take seem

inevitable, and would be thoroughly andesirable politieally. Nor would it would not

NOTHING TO BE WRITTEN IN THIS MARGIN.

( Claiks Dept

solve the problem if Mr. Hancock were to sit as the Ruler's representative on the Court, since it would still be necessary for the Ruler to find someone else to sit on the Joint Court of Appeal, and I imagine that he would be unwilling to do so. The Qatar Order, 1953, does not permit the appointment of an ad hoc Joint Court. For the time being, therefore, jurisdiction in mixed cases must be exercised under Article 67 (1) (ii). I should be glad il Your Excellency would make suitable

ter hi purpose arrangements with the Ruler/and bring them to the attention of the public by a notice in the Persian Gulf Gazette. 2. In our efforts to establish a joint system of law in Qatar we must be careful not to upset religious susceptibilities. The best way to procede is, I consider,

/to

RECEIVED IN

DIVISION

12 MAY 1954

BENT TO

TYPE

VESPATOHET

145

F.O.P.

to encourage the Ruler to enact joint

legislation which does not conflict with Sharia law - traffic regulations, taxation, etc., - and rely upon the example of the more advanced state of Bahrein to bring him gradually ground to the idea of adopting secular penal and civil codes and transferring a large measure of jurisdiction from the Sharia to the secular Courts. 3. Mr. Hancock's attitude, as reported by Judge Haines, is disturbing. He appears unwilling to suggest any course out of harmony with the Ruler's ideas, and his defence of Sharia Criminal Law is strangely, out of keeping with the line one would expect an Englishman in his position to take. (Indeed, the state of affairs deseribed by

Judge Haines indicates that Mr. Hancock decin has allowed the Qatar Court to move backwards

Tommery) rather than to develop. Famélly, this Court had a competence of its own, bearing the evidence in the cases and reaching an independent judgment on the rather than acting as if it were subordinate to the Sharia Court. Apart from the general

appuna inadvisibility of sharia law in criminal matters, the Qhadhi himself is, I am informed, quite unsuited to try

NOTHING TO BE WRITTEN IN THIS MARGIN.

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المه من

criminal cases. 4. In paragraph 2 of your despatch you

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written by Colonel Fowle in 1935. Judge Naines Calendus 6 11. Jötuslouhin

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Sir,

Your obedient Servant,

NOTHING TO BE WRITTEN IN THIS MARGIN.

(45484) Wt.12424/261 100,000 5/52 A. & E.W.Ltd. Gp.685

OUTFILE

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No. 72 (EA 16413/1) CONFIDENTIAL

FOREIGN OFFICE, s.w.1.

May 12, 1954.

Sir,

Your Excellency's despatch No. 38 (169:3/10/54) of the 3rd of April, 1954 on jurisdiction in Qatar has been read with interest. I agree that the time is not yet ripe to establish a Joint Court in Qatar. It would not solve the problem if Mr. Hancock were to sit as the Ruler's representative on the Court, since it would still be necessary for the Ruler to find someone else to sit on the Joint Court of Appeal, and I imagine that he would be unwilling to do so. The Qatar Order, 1953, does not permit the appointment of an ad hoc Joint Court. For the time being, therefore, jurisdiction in mixed cases must be exercised under Article 67 (1) (). I shoula be glad if Your Excellency would make suitable arrangements with the Ruler for this purpose and bring them to the attention of the public by a notice in the Persian Gulf Gazette. 2. In our efforts to establish a joint system of law in Qatar we must be careful not to upset religious susceptibilities. The best way to proceed is, I consider, to encourage the Ruler to enact joint legislation which does not conflict with Sharia law - traffic regulations, taxation, etc., - and rely upon the example of the more advanced state of Bahrain to bring him gradually round to the idea of adopting secular penal and civil codes and transferring a large measure of jurisdiction from the Sharia to the secular Courts.

His Excellency Mr. Bernard Burrows, C.M.G., etc., etc., etc.,

Bahrain.

3. Mr. Hancock's attitude, as reported by Judge Haines, is disturbing. He appears unwilling to suggest any course out of harmony with the Ruler's ideas, and his defence of Sharia criminal law is strange. Indeed, Mr. Hancock seems to have allowed the Qatar Court to move backwards rather than to develop. Formerly, this Court had a competence of its own, reaching an independent Judgment on cases rather than acting as if it were subordinate to the Sharia Court. Apart from the general inadvisibility of applying Sharia law in criminal matters, the Chadhi himself is, I am informed, quite unsuited to try criminal cases. 4. In paragraph 2 of your despatch you refer to a letter alleged to have been written by Colonel Fowle in 1935. when the time comes to take up the question of the Joint Court again with the Ruler, it may be useful to remind him that his father agreed to their establishment. Judge Haines informs me that according to Mr. Johnston the letter referred to by the Ruler and Adbulla Darwish was in fact one written by Mr. Howes saying that we agreed to Moslem law being applied to Moslems who are not British subjects. I am, with great truth and respect,

Sir, Your Excellency's obedient Servant,

(For the Secretary of State)

ما معا (ه؟

E

EASTERN DEPARTMENT

Eva 13

54

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Jualpe Homés

ARABIA Reparto on a wisit to the Dalais fuennel Comit; Conversakin it for Hope Wan wuel on questor of introchocinas principles d Porito criminal al Cil

No.

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Dated

Received in Registry—

persoal slatura maltéo Comercontin oth lte lule chut

eslabbendment a gonit Connts -feels we will have to ahrandan las iden for present.

1H Hout.

References to former relevant papers

MINUTES

Please see my minute reporting

(1) a visit to the Qatar Government Court (2) conversation with Mr. Hancock

(3) a visit to the Ruler regarding Joint Courts

There is a spare copy if you want it.

(Sgd.) C.H. Haines

12/4/54

(Print)

Mr. Evans Legal Counsellor) Mr. Buckmaster (Eastern Department)

(How disposed of)

09

I think we must at present tread very warily in our efforts to establish a joint system of law in Qatar. It would be very unwise to upset religious susceptibilities by being too pressing. I suggest that the best way to proceed is to encourage the enactment of joint legislation in new fields such as traffic regulations, taxation etc. which do not cut across the Sharia Law and to rely upon the example of the more advanced state of Bahrain to bring the Ruler of Qatar gradually round to the idea of adopting secular penal and civil codes and transferring a larger measure of jurisdiction from the Sharia to the secular courts.

(Action completed)

(Index)

ك۱۵۱ با

2. As regards the Joint Court, it would not in any case solve the problem for Mr. Hancock to sit as the Ruler's representative on the Court because it would still be necessary for the Ruler to find someone else to sit on the Joint Court of Appeal and this I imagine he would be unwilling to do. I doubt whether the Qatar Order, 1953, permits the appointment of an ad hoc Joint Court. It would therefore appear that for the time being jurisdiction in mixed cases must be exercised under Article 67 (1) (ii). If so, suitable arrangements should be made with the Ruler and brought to the attention of the public by a notice published in the P.G. Gazette.

1917

References to later relevant papers

.

45461

(sgd.) w.V.J. Evans

12/4.

4

Mh. Hancock's allitude somewhat disturbing. He appears unsilling to suggest any come

out of harmony with the Ruler's ideos, and his defence of the shavia camminal case law is

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16 On the morning of the 20th of March I sat in the catar Government Court with Shaikh Ahmed, Shaikh Khalifa and Mr. Hancock. At the beginning Shaikh Ahmed stated that the Court was subordinate to the Sharia Court. There were 25 cases for hearing all of which were civil cases, except one. No evidence at all was taken by the Court. The defendant in each case was asked if he acknowledged the the debt. If he did he either paid the money to the plaintiff in Court and a note of this was made on the record or if he did not pay at once a decree was issued usually giving him time to pay. If the defendant denied the debt, the case was forthwith referred to the Sharia Court. When the cadhi's Judgment is received the Court clerk records it as a judgment. The same procedure is followed in Criminal cases but in at least once case the cadhi's finding was made a Jud gnent of the Court in the presence of the accused. Thus in effect the Qatar Government Court applies sharia Criminal Law. So far as I could judge the adviser made no attempt to advise the two judges but in view of the apparently established practice of sending disputed cases to the sheria Court there would not appear to be much opportunity.

After the court rose I saw the Court registry which is in charge of a Palestinian, Ahmed Bargouti. He is English-speaking and appears to be an efficient and completent Court Clerk. His registers of cases were well kept and he was able to produce Court files with ease.

I then had a general discussion with Mr. Hancock on this Court. I strongly recommended that he should try to get the Court to apply the principles of our criminal Law. He told me that in his view there was a lot to be said for the Sharia system of compensation in criminal cases. I aaid that I could not agree

/and

17

And that all modern Moslem States have abandoned Sharia criminal law. I told him that our object was gradually to get the Qataris to realise that Civil and Criminal law should be separated from religious law. We agree that sharia law should govern personal status matters and in fact, we apply such law in our courts where Moslems are con cerned. I said that I hoped that he would do all he could to bring our Criminal and civil law to the attention of the Court although I realise@that it might take a long time before any change could be effected.

I said that I thought it very desirable that evidence should be taken in the Government Court and that arrangements ahould be made for the qadhi to appear and administer the oath to witnesses in Court. He said that both shaikh Ahned and Shaikh Khalifa were in favour of this but the Cadhi is too powerful. He was trying to get the cadhi to move to the Government Court premises when he hoped it might be possible to introduce this system.

Finally I told Mr. Hancock that we hoped that the Qatar Government Court, would, with his help, be used to educate the judges and that it would gradually take over all Civil and Criminal jurisdiction from the Qadhis leaving them with only personal status matters. This is a long term object but it should always be kept in mind.

I got the impression which was strengthened in subsequent talks that Mr. Hancock would not take any step or give any advice which might conflict with the Ruler's views, and so long as the Ruler is under the influence of the Qadhi we shall not make much progress in the Government Court.

Later I spoke with Mr. Hancock on the subject of Joint Courts. I told him what were our ideas. He felt that we must go slowly with this for the following reasons:

1. The two judges were not prepared to sit long enough.

(I noticed that Shaikh Ahmed got very restless after sitting for about one hour).

/2. Shaikh Khalifa

2. Shaikh Khalifa might sit longer but it is very doubtful

whether the Ruler would allow him to sit alone. He agreed that it was wise to omit criminal cases and suggested that in any difficult civil case where a person subject to our Jurisdiction is the defendant, we should be prepared to take it

over.

Mr. Hancock then asked if he could speak frankly to me. He asked why H.M.G. did not deal direct with the Ruler on these subjects. He preferred not to be asked about these subjects in the first instance as it put him in an awkward position. He added that after all he was the Shaikh's man.

I tola him that I thought that he, as the Shaikh's man, would wish to advise him on what we feel sure is for the ultimate good of his country. Our idea was to use the Joint Court to train up gradually his Judges in the administration of modern law. I agreed not to mention to the Ruler that I had spoken to the Adviser first.

Mr. Hancock hoped that I would not think him uncooperative. He wondered whether the Ruler would be prepared to engage an Arabic-speaking magistrate who could also sit on Joint Courts. He also told me frankly that the Ruler would not do anything to thwart the Qadhi and this was the reason why he refused to put in writing anything which was likely to be contrary to the cadhi's views.

On the afternoon of the 20th March, I and Mr. Johnston visited the Ruler and told him what we proposed regarding Joint Courts. He said that he had no objection provided that the Adviser sat on the Court. He said that he was not prepared for one of his family to do so. The Ruler then added that if anything went wrong the Joint Court would be a British Court.

He explained that the only Court he can recognise officially is the Sharia Court. We tried to explain to him how in modern systems, Civil and Criminal law is separated from personal status law and that in our own Courts we apply to Moslems Sharia law only in matters of marriage, divorce, and inheritance, but I do

/not

e can reco

19

not think he really understood. He said that his Government Court was only intended to deal with simple cases and that the airficult cases should go to the Sharia Court. He added that he had it in writing that H.M.G. agreed that Moslemn law should be applied to foreigners. The reference is I think to a letter witten by Colonel Fowle in 1935 which was referred to in my talk with Abdulla Darwish.

I am afraid that there is at present no hope of establishing a Joint Court on the lines we had in mind although we could have one with the Adviser sitting. Such a court would in the Ruler's eyes and indeed in the eyes of all qataris be a British Court. I would suggest that we drop the idea for the present bearing in mind that we could always convene a Joint Court for a special case should it arise. Indeed the Ruler suggested that if in any case we wanted a Joint Court as in the recent Criminal Joint Court he would agreed if approacheoby the Political officer.

(Sgd.) C.H. Haines.

March 24, 1954.

954

FROM

EASTERN DEPARTMENT

16413 3 ARABIA ton DENTAL

Reparto discussion it He Hancock all the lule d | Me Burons

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w Aroulance legulations wel te drafts of the Palerts No. 511643/16134) |

tort lae Hrade Marko legulations ael the news draf

61704 Renal borde to M Harewel. the luler des framuned lo Registrs 151754 sampaide any concrete moposal for setting up front

Dated

Received in

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References to former relevant papers

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References to later relevant papers

45461

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NOTHING TO BE WRITTEN IN THIS MARGIN.

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NOTHING TO BE WRITTEN IN

British Residency

24

Despatch No. 51. (103/16/54) CONFIDENTIAL

Bahrain.

May 6, 1954.

Esibeis (3

EA16431

Sir,

With reference to my despatch No. 38 of April 3, I have the honour to report that I discussed the legal system in Qatar during my recent visit to Dohah with both Mr. Hancock and the Ruler. I found Mr. Hancock considerably more forthcoming than Judge Haines had done, both in regard to the introduction of more up-to-date legislation and the possibility of a Joint Court being established. I said to the Ruler that while we had all due respect for the Shara laid it had been found in other territories that this system did not provide a complete legislative framework for the complexities of modern life and that it was often necessary to introduce new legislation in order that people might know what law was to be applied. He did not dissent from this proposition and said that he would study carefully any new proposals for legislations which

/might The Right Honourable Anthony Eden M.C., M.P.,

Her Majesty's Principal Secretary of State

for Foreign Affairs,

Foreign Office,

London S.w.l.

ED

- 2 - might be put before him. I have accordingly arranged to send to Mr. Hancock a copy of the Bahrain Third Party Insurance Regulations and drafts of the Patents and Trade Marks Regulations and of the new Penal Code. I have suggested that, provided that there are suitable insurance facilities available for the first of these to be introduced in Qatar, this

should be done and I have asked the Political Officer

i

to give his and Mr. Hancock's views on whether the time is ripe for a Patents and Trade Marks regulation. I have explained that the Penal Code is still in draft and subject to modification but that I thought it would be useful for Mr. Hancock to see the kind of thing we are aiming at in the hope that he will be able to influence the Qataris in the right direction.

As regards the Joint Court, the Ruler for some time tried, or pretended, to maintain that I was discussing a change of jurisdictional arrangements which were laid down in agreements between him and

Her Majesty's Government. When this apparent

misunderstanding had been removed he appeared to understand a little more what we meant by a Joint Court, and the circumstances in which it might be appropriate to set one up and he promised to consider sympathetically any concrete proposal for doing so which we might put to him in particular

cases.

/5.

w di

3. I also discussed the legal arrangements in Qatar briefly with Ahmed, son of the Ruler, and Khalifa bin Hamad, both of whom sit as judges in the Qatar Court, and who are generally regarded as being the most likely claimants to the succession. They had little to contribute to the discussion beyond emphasizing the predominant part which the Qadi plays in the Qatar Courts.

I have the honour to be,

with the highest respect,

Sir, Your obedient Servant,

Babburrow)

(B.A.B. Burrows)

QUTFILE

195 ها عمله

Sir,

B.

حمام

Hemeno

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NOTHING TO BE WRITTEN IN THIS MARGIN.

27 Registry No. EA 16413/3 OUTFALI No. EA

Xbox forte. TMsir, XeceX Confidential. S,

Your Excellency's despatch No. 51(164443/ Rescue

16/54) of the 6 May, 1954, about the Legal XxBfx

Assistant in Qatar has been read with much Draft. despatch

interest. To: BHB Mr. Burrows EMC 2. It is encouraging that the Ruler is now Bahrain

prepared to consider proposals for setting up

a Joint Court in Qatar. As you will have No 86

board from Judge Haines, I should be glad if you would address a brief memorandum to the Rulor while the latter is still fresh in his mind, setting out in simple terms the purpose of the Joint Courts, and our proposals for

their constitution. This memorandum, which Legal Advisers

Judge Haines will no doubt assist in drafting, (Mr. Evans)

might well start by referring to the agreement of Shaikh Ali's predecessor to set up such Courts (please see paragraph four of my despatch No. 72, EA 16413/1 of If a Joint Court is set up, it must be a permanente, since, as explained in my above mentioned despatch, the Qatar Order, 1953, does not permit the establishment of ad hoc Joint

Courts to deal with mixed cases. Judge Haines RECEIVED IN DIVISION

suggests that the memorandum might also point JUN 1954

out that, while the Court may seek the Qadhi's

advice on Mohammedan Law in accordance with *** (130

Article 69 (2) of the Qatar Order, 1953, it must deal with every case before it. Unless this is made clear, the Qatar member of the Court may insist on referring all difficult cases to the Qadhi. 3. I am glad that the Ruler has agreed to study carefully-new-proposals for legislation,

/and

By Satuday's

معلمه

BWT TO

hold

F.O.P.

melter.

ه همموز مما

ک

دوم

he genuinely means to take achin and hope that his words carry sincerity. In addition to the drafts mentioned, Your Excellency might like to send Mr. Hancock a copy of the draft Bahrain Dangerous Drugs Regulation, which we hope to apply in due course in Qatar and Kuwait. You should point out to Mr. Hancock that the original draft Penal Code has now been drastically amended. If he has not already passed it to the Ruler it would be better for him not to do so, and to await the issue of the revised version. In dealing with legislation in Qatar, you might like to remind the Ruler that we are still awaiting his views on the Qatar Port Regulat ions. I understand that Mr. Hancock has suggested some amendments to the original draft.

I am etc.. etc.,

NOTHING TO BE WRITTEN IN THIS MARGIN.

29

) 86

(EA 16413/3) CONFIDENTIAL

FOREIGN OFFICE, S.w.1.

June 4, 1954.

OUTFILE

Sir,

Your Excelleney's despatch No. 51 (16443/16/544) of the 6th of May, 1954 about the legal system in Qatar has been read with much interest. 2. It is encouraging that the Ruler is now prepared to consider proposals for setting up a Joint Court in Qatar. I should be glad if you would address a brief memorandum to him, while the matter is still fresh in his mind, setting out in simple terms the purpose of the Joint Courts and our proposals for their constitution. This memorandum, which Judge Haines will no doubt help in drafting, might well start by referring to the agreement of Shaikh Ali's predecessor to set up such Courts (please see paragraph 4 of my despatch No. 72, EA 16413/1 of the 12th of May). If a Joint Court is established, it must be permanent, since, as explained in my above-mentioned despatch, the Qatar Order, 1953 does not permit the establishment of ad hoc Joint Courts to deal with mixed cases. Judge Haines suggests that the memorandum might also point out that, while the Court may seek the Qadhi's advice on Mohammedan Law in accordance with Article 69 (2) of the Qatar Order, 1953, it must deal with every case before it. Unless this is made clear the Qatar member of the Court may insist on referring all difficult cases to the Qadhi. 3. I am glad that the Ruler has agreed to study proposals

/for

His Excellency Mr. Bernard Burrows, C.M.G., etc., etc., etc.,

Bahrain.

for new legislation, and hope that he genuinely means to take action in this matter. In addition to the drafts mentioned in your despatch, Your Excellency might like to send kr. Hancock a copy of the draft Bahrain Dangerous Drugs Regulation, which we hope to apply in due course in Qatar and Kuwait. You should tell Mr. Hancock that the original draft Penal Code has now been drastically amended. If he has not already passed it to the Ruler it would be better for him not to do so, and to await the issue of the revised version. In dealing with legislation in Qatar, you might like to remind the Ruler that we are still awaiting his views on the Qatar Port Regulations. I understand that Mr. Hancock has suggested some amendments to the original draft.

I am, with great truth and respect,

Sir,

Your Excellency's obedient Servant,

(For the Secretary of State)

Jeske foss

EASTERN DEPARTMENT

EASTERN DEPARTMENT

Elbolj 3

ARABIA

FROM

? Cahelehed

yo Minate

M Hannes

Juclicial mallers in Qatar

Discussion with Me Hancock wedle Johnston on vaning oubtechng legulatås: lans etcetere bo be made i Qatak

No.

Dated

Nov 1& 15:03

Received in Registry,

a

1554

References to former relevant papers

MINUTES

5

(Print)

(How disposed of)

(Action completed)

(Index)

References to later relevant papers

45461

Cops

| EA1643 14

Mr. Hancock, the Adviser, attended the Agency and

discussed with Mr. Johnston and me various matters.

A note

of these discussions is set out below :

Queens Regulations.

At Mr. Johnston's request I explained to Mr. Hancock

the procedure we have to follow when asked to enforce an A'lan, i.e. consideration at Bahrain, in the F.o. by the Political Department, by me and by the Legal Advisers. At times the advice of an interested Government Department in London must be taken. Then the proposed law has to be

submitted to Lord Reading who, if he approves, states that

he will recommend to the Secretary of State that a Queens Regulation should issue. All this takes time. I suggested that the ideal way to enact legislation which should be applicable to both would be to agree with us the terms of the A'lan before submitting it to the Ruler. We could then arrange to issue our respective laws at the same time.

Traffic Regulations.

These would be ready soon with an Arabic translation. We had to consult the Ministry of Transport which was the main cause of the delay.

Mr. Hancock said that he thought that our punishments were too high. It was pointed out that they were maxima. Mr. Hancock asked that if we intend to refer to other

legislation in our draft we should supply a copy of such legislation together with a translation so that he could show it to the Ruler who refuses to sign anything he cannot

understand.

Dangerous Drugs.

Mr. Hancock was doubtful of the possibility of rendering into Arabic the long lists of technical names in the Annex. He suggested it might be got over by a simple reference to the World HealthOrganisation agreement.

/It

-2

It was decided to look at the agreement to see if the list of drugs attached thereto could be so used.

Doha are awaiting the translation promised by the

Residency.

I agreed to look up the matter and get it sent

as soon as possible. Ref. Doha letter 1811/29/53 of July 13.

Copy of the International Drugs Regulations required by Mr. Johnston.

Copy of the International Sanitary Regulations Misc. No. 6 (1951) Cmd. 8394 to be sent to Mr. Johnston for Mr. Hancock's

use.

Prison Regulations.

I told Mr. Hancock that I was working on a draft for our

prisoners. He thought we might agree a draft to do for both.

He referred to Mr. Cochrane's tentative draft and thought that it might be too lengthy. Agreed to let Mr. Hancock see our

draft first.

Customs Ordinance.

Mr. Hancock said that the Ruler refuses to agree to any

A'lan which indicates that the import of alcohol is allowed.

He insists that it shall be forbidden. Nevertheless he wants to increase the duty on any imports of alcohol. The Company are likely to resist. After some discussion I suggested that a way out of the difficulty might be found in the following procedure : (1) Omit any reference in the Customs Regulations to

alcohol, i.e. do not forbid its import and do not provide for the imposition of import duty on

alcohol.

(2) Apply this Customs Regulation by Queens Regulations

and in the same Queens Regulation provide for the payment of 15% ad valorem duty (present rate) to the Director of Customs by persons who import alcohol by permit issued by the Political Agent under Article 2 of the Qatar Alcoholic Drinks

Regulation

-3

3

4

Regulation 1952 (No. 4 of 1952). (3) Let the Ruler issue a separate A'lan prohibiting the

import of alcohol absolutely. We will not enforce this so it will not apply to persons subject to our jurisdiction but it will save the Ruler's face.

I agreed to see whether there is any objection to this

course and to let Mr. Hancock know.

In the meantime he will

not mention it to the Ruler.

Harbour Regulations - Umm Said

Mr. Hancock thought that the Ruler might demand some say

in the management as it is used as a general port as well as

for petroleum. I reminded him that the Mina' Al Ahmadhi Regulations provided for management by the Company although the port was used for general cargo. Mr. Hancock said he would read the Kuwait regulations. For the moment the matter

stands as it is.

Income Tax Law.

Mr. Hancock wished to know what is the present position.

Neither Mr. Johnston nor I could give him any information.

I agreed to enquire on my return to Bahrain.

Air Navigation Regulations.

Mr. Hancock asked about these. I said that they had been despatched from London but as they were bulky they may have come by sea. I will enquire at Bahrain.

(Sga.) C.H. Haines. November 18, 1953.

م

35

EASTERN DEPARTMENT

OF

E 416413)

ARABIA

FROM Residency

Bahrain,

لا يعلمه =

Joint Count ün Qatar Jourt Legislation MR Burrous recently runited Qatar to esplein a Ruler tle problem of Joent Count, the latter however appeared to be thenking more at den terms of an ad hoc Jount Carent for a pantecular case than a permanent Cocent. Joan't Legeslation Colorincome Sao Begulations

. Confidential

اها } .No 3 / 8 / 5

Dated may a que Received in Registry, Jens

بععنامه هععنله وقع فيه ملمقسمة ملطمه مع مها ليه

Locompless Toont Leilaleon promulgralect for ealor this year oghree older Rezulalom are under concideration

References to former relevant papers

MINUTES

This should

be reach is

conjunctions

سلندر

مسلك العلم عه مه لسه 3

of

(Print)

June 4

thereow.

Ho further action

خطا به

مشهد من

(How disposed of)

سلفر هوس

2

hisBesten

desal Adkaies Mobile

(thur Enfans).

Lendo

(Action completed)

(Index)

Shir

1997

1416

References to later relevant papers

45075

36

CONFIDENTIAL

BRITISH RESIDENCY,

BAHRAIN.

ايا16) 3 / 19 / 514 (

May 29, 1954.

IFA16413/3

Dear Department, 23

CALO41313

You will now have received Mr. Burrows' despatch No. 51 of May 6 about the possibility of establishing a Joint Court in Qatar, which crossed with Foreign Office de spatch No. 72 (EA 16413/1) of May 12 on the same subject.

2. You will see from the former that the course of action suggested in paragraph 2 of the de spatch was followed by Mr. Burrows on his recent visit to Qatar, and that he explained the problem of the Joint Court to the Ruler. The latter appeared, however, to be thinking more in terms of an ad hoc Joint Court for a particular case than of a permanent Court. Mr. Burrows proposes to discuss this point further with Judge Haines.

3. As regards Joint Legislation, we have achieved this year the Qatar Income Tax Regulations (No. 1 of 1954) and Tax Exemption Regulation (No. 2 of 1954) which are the first examples of Joint Legislation promulgated for Qatar. In addition, further to the draft regulations and Penal Code sent to Mr. Hancock, mentioned in paragraph 1 of Mr. Burrows' despatch under reference, the following regulations are under consideration by the Ruler or awaiting allowance by the Secretary of State:

(i)

The Umm Said Port Regulations, which are temporarily held up by the claim of the Qatar Government to a share in the control of the administration of the Port;

(ii)

a new Dangerous Drugs Regulation, for which a copy of the new Bahrain Regulations (see correspondence resting with Mr. Buckma ster's letter EA 1811/15 of November 14 and enclosure) was forwarded for the Adviser to see, and an Arabic copy will be sent for the Ruler;

(iii) The Qatar Tzaffic Regulations, which Mr. Burrows

submitted for allowance by the Secretary of State by his despatch No. 45 of April 27.

CA13724 These items of Joint Legislation will, we hope, give the Ruler an idea of what we are aiming at in Qatar: in particular, we hope that draft Penal Code will encourage a movement towards a greater measure of control by the secular Courts.

4. For your information we en close a copy of Mr. Howes' letter of August 8, 1938, referred to in paragraph 4 of the Foreign Office despatch, to Shaikh Abdulla bin Qasim, then Ruler of Qatar.

Yours ever,

Residency.

Eastern Department, Foreign Office,

London, s.w.l.

COPY

3

No. C/518-18/4

Dated the 8th August 1938.

TO

Shaikh Abdullah bin Qasim Al Thani, C.I.E.,

Ruler of Qatar.

After compliments,

With reference to your letter of the 10th Rabi II 1357, I am dir ected to inform you by the Honourable the Political Resident on behalf of His Majesty's Government that, as Mr. Weigh tman has already told you verbally on two occasions, you need have no anxiety in regard to objections by foreign Governments to your exercising jurisdiction over their Moslem su jects while they are in Qatar, provided that you will deal with them and their cases justly and fairly, and in doing so adhere strictly to the principles of justice recognised in the law of Islam.

2. In view of this assurance I shall now be glad if you will write to me again to comunicate your final acceptance of the position set out in my letter No. c/333 dated the 21st May 1938, in regard to the division of jurisdiction over foreigners in Qatar.

Usu al Ending,

Captain, Offg: Political Agent, Bah rain.

EASTERN DEPARTMENT

E416413/6

1954

ARABIA

FROM

Bahrain bonfedeytral Dated June 26, pe rson in July 5.

Would be grateful if he were allowed derenetion tarot to savse matter of forent Court Further with the Ruder doll of Qatasa until a concrete care avires calling for convening / web a court. Deseuries reasons to thes

No. 1644321/54)

Received in Registry

References to former relevant papers

MINUTES

-15

Mu. Bunan's prop

منار

سمعه 2 لمسه | حلم موميم

(Print)

soud

enough. I subit

(How disposed of)

Despatch. Nalol lol

Bahrain, July 2.

لمنعم كانه

سد سنسلمك ما

همه

در

lusBustimo

1/2 -

fegal Adkiner. af hy (Man. Sinpson

Am 1517.

(Action completed)

(Index)

References to later relevant papers

45461

*

33

Tesnatch No. 64

16/3/21/5 CONFIDENTIAL

British Residency,

Bahrain June 26, 1954

E416413/4

I

I

t

Sir,

With reference to YouRdespatch No. 86 (EA 164 3/3) of June 4 regarding the legal system in Qatar, I should be grateful if I might be allowed discretion not to raise the matter of the Joint Court further with the Ruler until a concrete case arises calling for the convening of such a Court. As stated at the end of 3/3. paragraph 2 of my despatch No. 51 of May 6 it was with

reference to particular cases which might arise that the Ruler said he would sympathetically consider our proposals. It is very difficult to get the Persian Gulf Rulers to consider abstract arguments and to commit themselves to decisions of principle in the absence of

a specific case by reference to which they can grasp the practical consequences of the action they are being asked to take. It is quite possible that the Ruler has the impression that a Joint Court can be set up to deal with a specific case and I understand your wish to see any such impression removed. Nevertheless I believe

/it The Right Honourable Anthony Eden M.C., M.P., Her Majesty's Principal Secretary of

State for Foreign Affairs,

Foreign Office S.w.l.

it will be much easier to do so when a case next

arises. I would propose then to point out to the Ruler that this is the type of case which his father agreed should be heard by a Joint Court and that it is therefore now necessary for him to agree to the establishment of such a Court to hear this and similar cases in future. I would at the same time make the point at the end of paragraph 2 of your despatch under reference. 2. Judge Haines considers that it would be better, for some time at any rate, that a Qatar Joint Court should hear only civil cases and not criminal ones since in the latter the difference between our two kinds of law will be so marked as to make a joint decision particularly difficult. I agree with this view and shall be glad to know if you accept the limitation for the time being. 3. With reference to paragraph 3 of your despatch you will now have seen Residency letter No. 16445/19/54

of May 29 which sets out the position as regards the Dangerous Drugs Regulation. I have dealt with the Umm Said Port Regulations in a separate letter to the Department. The Penal Code was sent to Mr. Hancock for his own information at this stage and not with the idea that he should show it to the Ruler. I am explaining to him the status of the present draft.

I have the honour to be with the highest respect,

Sir, Your obedient Servant,

Bablurrows

(B.A.B. Burrows)

Registry No. EA

racz 41

TOC.

July 12

Top Secret Secret. Confidential. Restricted Open.

agree with Ubui porquesala

Draft.bas

despatch BAshot 106

My Burrows

NOTHING TO BE WRITTEN IN THIS MARGIN.

with reference T 4.E." despatch no 64 (16443/2,153 of the 26 te of June claust the legale polen

Pataw, I que celle you get reaparel wat

Advisers Ma. Si

should

By Saturday's

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RECEIVED IN

DIVISION

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کننيل کنند سمتی کمک عه

2) علمي ه السد عمه

12 JUL 1954

SENT TO

TYPE

DESPATORE

aines

calling

for the countering

A 2

Concerning of such a bout. I ako support Judge

منها

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NOTHING TO BE WRITTEN IN THIS MARGIN.

ele

علنهدين

No. 106 (EA 16413/6) CONFIDENTIAL

FOREIGN OFFICE, S.1.1.

July 12, 1954.

Sir,

I agree with the proposal in Your Excellency's despatch No. 64 (164443/21/54) of the 26th of June about the legal system in Qatar, that you should not raise the matter of the Joint Court further with the Ruler until a concrete case arises calling for the convening of such a Court. I also support Judge Haines' view that this Court, when established, should initially hear only civil cases and not criminal cases.

I am, with great truth and respect,

Sir, Your Excellency's obedient Servant,

(For the Secretary of State)

لمعلم (مکه)

-

His Excellency

Mr. Bernard Burrows, C.M.G., etc., etc., etc.,

Bahrain.

EASTERN DEPARTMENT

EASTERN DEPARTMENT

E

A 16413 7.

ARABIA

FROM

Foren ohei Monte M Hanes

Reports on a wģef BDSha (Qatar )

Reports in $ Cart Registers anel Case Jites. Considers a bond thom is required ak uke Agenes

No.

Dated

Dated Registry

salalo4 znizlot

Received in Registry

References to former relevant papers

MINUTES

Please see minutes within

(Print)

(How disposed of)

(Action completed)

(Index)

References to later relevant papers

47013

Ab #37. Enter E

Minutes.

You have meouually not seen Mo lawesley's report. Ik was Griefly that there were some keuks oth cruun'al cases feudnią - some seule Juce last. There were cleaner aber y y Usewdsley.

He also found that lui ruushi was settlesep cases out out court.

ماه سه مما د ماشهر ه ومعه و مسه

less

M. Aurrous wauli we lo oseb Doha aqami ou wy next tour.

Gnomes

14 Buck master

This was on the whole a much lighter picture

سملة

ململة

و

نامہ بسته

al

Kuwait CEA 1643/13).

F.O.P.

Minutes.

Minutes.

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.

in bin judicial work

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Bunus. To any one, I

عمده بسمع

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of

the volume

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فكم سمكم سداد المعلم قلهمه - سلمهملنهمه سه ساسم

succes

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the

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0.P.

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Qatar

nous

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Caut Room

البته

QATAR

During my recent visit to Doha I inspected the Court Registers and some of the case files. There was not time to go through all the cases. This report is supplementary to Mr. Mawdsley's report.

Civil Cases.

،....و ما 195

WH

The three cases for 1954 were filed after Mr. Mawdsley's visit. They were as yet unheard. The plaints were in Arabic with no English translation. I said that the language of the Court was English and normally the plaint should be in that language. If in some cases it may not be convenient to insist upon a plaint being in English, such cases the accurate English translation should be attached.

ct to

I asked about the civil cases which had been settled out of Court. No record had been kept but Sultan Sail, the Munshi, said that he had dealt with about 120 this year. At my request a short note of each settlement out of Court will be kept in future and an entry will be made in a special section of the Civil Register.

I was told that a number of civil cases were matrimonial disputes among Moslems. These were sent direct to the Qhadi. I pointed out that there was no authority for this and that Article 46 (2) of the Qatar Order only allowed the Court to refer a matter involving Mohammedan law which arises in the progress of a suit to a Qhadi. The Court should try the suit but may refer matters involving Mohammaden law only. I said that it was important that the appropriate Qhadi should be used.

Criminal Cases

و 1951

السا اس

192 1953.. 1954..

نسمة نسم

مع رو

WNO

This shows a considerable amount of criminal work in the last two years. There are two cases still pending from 1953 and 8 cases still pending from 1954. Some of the se pending cases could now be dismissed as there is no known accused.. They should never have been filed as cases. Mr. Johnston will do this.

I noticed that some 13 of the 1954, cases were police prosecutions which were sub se quently withdrawn for lack of evi dence. This is a grave reflection on the quality of the police work in Qatar. No complaint shoula be made by the police unless they are certain that prima facie there is sufficient evidence. I have asked Mr. Johnston to speak to the Police about this and request them not to file complaints until they have sufficient evidence to proceed. There are certain cases under the Indian Criminal Procedure Code where the Police can ask for a remand for the purpose of making enquiries but this power should be used with discretion.

I looked through a number of criminal cases and they appeared to be carefully tried and the files were well kept.

Court Room

50 END

Court Room

The criminal appeal which was the reason for my visit was heard in the Qatar Government Court which had been loaned Ior the purpose, I was reluctant to hear an appeal outside the Agency but it was not convenient to convert Mr. Johnston's room into a Court Room. Mr. Johnston tells me that he has been using and is using this Court for the cases tried by him, I mention this to say that I consider it most important that a suitable Court Room should be provided as soon as possible in the Agency. Mr. Johnston showed me a roon, now used by servants as sleeping quarters, which it is intended should be a Court Room. It would be adequate if a door for the public to enter could be made. The existing door would be used for the Judge's entrance. Nothing further has been heard about the Port Saia Court furniture. Could enquiries be made and could the coat of arms which used to be above the Judge's chair also be forwarded to Dohah?

In conclusion, there has been a large increase in the work of the Court in the past two years and we may expect still more work as the production of oil continues. Mr. Johnston has, at Mr. Mawrdsley's suggestion, now decided to sit each Monday to deal with Court work but this may not be enough when civil cases come to the Court. I think that he will need assistance in his judicial work. Whoever is sent to assist should be made Registrar and not Assistant Judge. He will then relieve the Political Agent of the minor criminal work and be responsible for keeping the registers and files.