Printed papers on the political situation and military policy in Egypt [‎71r] (141/176)

came under the influence of a very active demagogue, one Kemal Bey Hussein, an
advocate of the native Bar. Partly in order to consolidate his power, and partly in
order to enable him more effectively to conduct operations against the company, he
induced the association to adopt a rule under which all the members irrevocably
assigned to him the whole of their wages both present and future without limitation
of amount or time, and without any declaration of trust on his part.
511. In order to render the assignments made under this rule effective vis-a-cis
the debtor, Kamel Hussein proceeded to notify them in due form of law to the
company. Although it might very well have been argued that such unlimited and
irrevocable assignments of future wages were void as contrary to public policy, it
was considered to be more prudent to introduce immediate legislation. Under the
provisions of Law No. '2 (which was made applicable to foreigners by a proclamation)
it was laid down that all assignments of wages by employees to any trade union or
other similar body are void. The same prohibition was extended to powers of
attorney given to a trade union to recover wages.
512. Law 7 No. 28, which was promulgated on the 31st October, 1921, prolongs
the powers of the Mixed Courts for an indefinite period.
513. The powers of these tribunals, which were set up in 1876 experimentally
for five years, had been successively prolonged, generally for quinquennial period, up
to the 1st February, 1915. After that date it w 7 as judged more desirable, m view of
the comprehensive judicial reforms which it was then hoped to introduce at an early
date, to prolong the powers of these courts only for very short periods. Owing to
political events which took place after the armistice, the introduction of the reforms
in the organisation of these tribunals, which the contemplated abolition of the
Capitulations rendered necessary, was postponed, and the system of short prolonga
tions continued to be followed. Eventually, however, it was found more convenient
to terminate this system and prolong the powers of the Mixed Courts sine die. After
somewdiat protracted negotiations, all the interested Powers, with the exception of
France, Greece and Holland, signified their assent to this prolongation for an
indefinite period, w r ith a stipulation giving a reciprocal right to the Governments of
the interested Powers and the Egyptian Government to withdraw from the arrange
ment on giving a year's previous notice.
51^ The first article of the law provides that the date of expiration of the
powers of the Mixed Courts shall be fixed by decree published in the f ‘ Official
Journal ” at least a year before the said date. Holland signified assent to the
prolongation for a period of one year from the 1st November, 1921, and in the case
of France and Greece the assent was provisional for a period of only three months.
515. Subsequently to the promulgation of the law 7 , the Hellenic Government
signified its assent to indefinite prolongation on the same conditions as the other
Powers, and France accepted the prolongation for a further period of three months
pending further diplomatic explanations. This change in the situation should in
the normal course of events have been ratified by the publication of a decree, but, as
no Council of Ministers was in existence at the time, the forms of the organic law
could not be complied with, and the matter was temporarily adjusted by a proclama
tion under martial law.
516. Law No 31 introduces an innovation in regard to the challenging of
Judges of Mahkamas; the challenger who fails in his challenge being made liable to a
fine of P.T. 400 to P.T. 4,000. The previous rules did not provide any such salutary
preventive sanction, with the result that the right of challenge had become a much
abused pretext for delaying proceedings.
517. Finally Laws Nos. 17, 18, 19 may be noted. Their effect is to increase the
ad valorem fees chargeable on certain transactions in the mixed and native courts
and the Mahkamas.
81. Peace Treaties.
518. The Advisory Committee on the Peace Treaties set up in 1919 under the
chairmanship of the Judicial Adviser has been responsible during the year for the
preparation of two proclamations, namely that issued on the 18th May, 1921, which
put into force the Treaty of Peace with Bulgaria, and that issued on the 5th October,
1921, bringing into force the Treaty of Peace with Bulgaria. Both proclamations
follow very closely the lines of the German and Austrian peace treaties prepared
by this committee and issued last year. The most important section of both docu
ments deal with the vesting in the Public Custodian, for purposes of liquidation, of
all property in Egypt belonging to Hungarian or Bulgarian nationals at the dates