IOR/L/PS/12/1453

The file contains correspondence and notes regarding the development of the draft Aden Defence Scheme, and the authority under which the Resident (later Chief Commissioner) of Aden was able to exercise emergency powers, for example relating to censorship, arrest, and control of economic security.

The point at issue was whether the emergency regulations should be issued by the Resident (later Chief Commissioner) under authority given by: an Order in Council; under powers granted by the Governor-General in Council; or through the Indian Legislature. It was eventually decided that powers for the Aden Settlement could be granted under the Indian (Foreign Jurisdiction) Order in Council of 1902, through the Governor General in Council. It was also decided that the Aden Protectorate would best be served through the issuance of a Regulation under Section 71 of the Government of India Act.

Subsequent correspondence for 1935 concerns the Defence of Aden Regulations (1935), and the potential for retrospective approval of emergency rules issued by the Chief Commissioner, in light of worsening relations with Italy.

The principal correspondents in the file are as follows: the India Office Political Department (Sir John Laithwaite, Sir Horace Algernon Rumbold); the Legal Adviser to the Secretary of State for India (Sir Edward Chamier); the Air Ministry (Charles Evans); the Foreign Secretary to the Government of India (Herbert Metcalfe); the Resident (later Chief Commissioner) at Aden; and the Under Secretary of State for the Colonial Office (Roland Vernon).

The file includes a divider which gives a list of correspondence references contained in the file by year. This is placed at the end of the correspondence (folio one).