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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎571r] (1146/1220)

The record is made up of 1 volume (606 folios). It was created in 31 Dec 1936-18 Apr 1939. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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arguments in favour of the foregoing atat™ *
8 mg statement are as follows:
On the one hand, the only British protected persons to he
found in Egypt in any numbers are Palestinians, and they, as
stated above, are already subject to the Egyptian Native
Courts. Consequently, the British protected persons who in
actual practice would be tried before the Egyptian Native
Courts instead of the Mixed Courts during the transitional
regime would be extremely few in number. (As stated in
paragraph 1 (ii) of the Annex to article 13 of the Treaty, this
regime is to last only -for a reasonable and not unduly prolonged
"period"; after that period all foreigners, without distinction
of status, will be justiciable by the Egyptian Native Courts).
On the other hand, the Egyptians would much appreciate this
tangible evidence that His Majesty^ Government support the
principle that Africans and Asiatics should not enjoy extra
territorial rights of any description, since it would clearly
strengthen the hand of the Egyptian Government in claiming that
natives of French and Italian territories in Africa or Asia
should be excluded from the jurisdiction of the Mixed Courts
during the transitional regime .
3. It will be useful to state in detail the categories
of British protected persons involved by the foregoing proposal.
British protected persons may be stated to consist of the
following classes:-
(a) Persons enjoying British protection by virtue of
their connexion with a British protected State or a State under
British suzerainty or a British mandated territory.
Mr. Eden proposes that the persons covered by the
above definition should be subject to the Egyptian native
courts during the transitional regime .
(b)/

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Content

The volume comprises telegrams, despatches, letters, correspondence, memoranda, notes and Parliamentary questions relating to the 1937 Montreux Conference on the abolition of capitulations in Egypt. These capitulations had created extra-territorial jurisdiction for many foreign powers in Egypt, including Britain, France, Italy and Belgium. This negotiation of the revision of the capitulations was one of the provisions of the 1936 Anglo-Egyptian Treaty.

The correspondence in the volume relates mainly to British interests and negotiating issues as well as the difference between British subjects, British protected persons and citizens; errors in some of the drafting and how these mistakes should be rectified, and the process of ratification of the convention by all parties concerned including the Egyptian Government and the governments of the Dominions.

Included in the volume are the following documents:

  • a printed copy of the 'Statutory Rules and Orders, 1937 No. 936 FOREIGN JURISDICTION The Egypt Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1937' (ff 116-139)
  • a printed report (ff 295-312) to Secretary of State for Foreign Affairs, Antony Eden, on the proceedings of the Montreux Conference for the abolition of Capitulations in Egypt
  • 'Egypt No. 1 (1936) Treaty of Alliance between His Majesty, in respect of the United Kingdom and his Majesty the King of Egypt ... Convention concerning the Immunities and Privleges to be enjoyed by the British Forces in Egypt, London, August 26, 1936' (Cmd. 5270) (ff 574-589)
  • 'Instruments signed at Montreux on May 8th, 1937' and 'Report on the Convention regarding the abolition of capitulations ...' (in French and English) (ff 363-435)
  • a printed memorandum 'Procedure for Giving Effect to Capitulations: Provisions of Anglo-Egyptian Treaty' (ff 590-601)

The volume features the following principal correspondents: the Secretary of State for Foreign Affairs (Anthony Eden); HM High Commissioner to Egypt and Sudan (Sir Miles Wedderburn Lampson); the Secretary of State for Dominion Affairs, Dominions Office; Under-Secretary of State for Dominion Affairs, Dominions Office; President of the Council of Ministers, Cairo (Mustapha El-Nahas).

The volume includes a divider which gives a list of correspondence references contained in the volume by year. This is placed at the back of the correspondence.

Extent and format
1 volume (606 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front of the volume.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 608; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

Written in
English in Latin script
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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎571r] (1146/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749767.0x000093> [accessed 18 May 2024]

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