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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎86r] (176/1220)

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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contest that if such notification is made in connexion with
the Australian ratification the reservation will not he
validly made on the ground that the Australian Government had
no consular court in Egypt before the war. They are apparently
prepared to admit that His Britannic Majesty's Supreme Court
for Egypt must be regarded as having been a court maintained
by and in respect of the whole Empire*
5. In Mr. Eden’s view the Egyptian Government are
unlikely to he convinced by any arguments in support of His
Majesty* s Government* s interpretation and as they are by
implication prepared to accept the existing consular court at
Cairo as complying with the terms of paragraph 1 of Article 9
so far as the Government of India and His Majesty’s
Governments in the Dominions are concerned, Mr. Eden considers
that it might be advisable to fall in with their wishes in
this respect* Accordingly, if the Government of India agrees,
it is proposed that Sir Miles Lampson should be instructed at
the time of deposit of the ratification of India to deliver
to the Egyptian Government a notification on the same lines
mutatis mutandis as those of the notification made in October
last on behalf of His Majesty’s Government in the United
Kingdom, a copy of which was enclosed in the Foreign Office
letter under reference.
6* I am to suggest therefore, for the consideration of
the Marquess of Zetland, that the Government of India should be
invited by telegraoh to state whether they would agree to the
Indian ratification being accompanied by a notification on the
lines suggested above.
7* It is understood that copies of the telegrams
addressed by the Dominions Office to the Commonwealth and New
Zealand Governments on this subject have been sent to the India
Office,

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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' [‎86r] (176/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749759.0x0000b1> [accessed 28 March 2024]

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