Minutes
I am told that the relevant
minute is on UEE 1061/74 of 1960,
but that this paper cannot be found.
2. Although other privileges and
immunities could be granted by Queen's
Regulation, the difficult case is that
of immunity from legal process. The
following are the relevant provisions
of the Bahrain Order, 1959. The
other Gulf Orders have similar
provisions and the same considerations
apply.
"8. The powers conferred by this Order
shall extend to the persons and
matters following: -
(1)
(2) The property and all personal
or proprietary rights and liabilities
within the limits of this Order
of all persons subject to this
Order.
NOTHING TO BE WRITTEN IN THIS MARGIN
10 totall Her Majesty's jurisdiction
exercisable within the limits of
this Order for the hearing and
determination of criminal and
civil matters, or for the
maintenance of order or for the
control or administration of
persons or property, or in relation
thereto, shall be exercised under
and according to the provisions
of this Order, So far as this
Order extends and applies.
14. 1(2)(ii) Şubject to the
provisions of part VIII of this
Order Zmixed cases, and of
paragraphs 3(ii)_and 4(i) of this
Article Zappeals all Her Majesty's
jurisdiction in Bahrain, civil
and criminal, not under this Order
vested exclusively in the Chief
Court, shall be vested in the
Court for Bahrain."
3. I think that the grant of immunity
from legal process would in effect
divest Her Majesty's courts of
jurisdiction which, upon the terms of
the Order quoted above, those Courts
would otherwise have. Therefore,
notwithstanding the terms of Article 76
(3)(a), which enables Queen's
Regulations to be made for securing
the observance of any treaty, I think
that a Queen's Regulation granting
immunity from suit would probably be
ultra vires the Order.
4. In order to comply with our
present international obligations,
I suggest that we amend our Gulf Orders.
The substantive provisions of the
/Bahrain
37775 (1372) A.O.St.
