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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎124r] (252/1220)

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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England;
the presence, residence or domicile of any British
^hTecTor British protected person in Egypt having the same
SUD ration as regards the law to be applied, and (without pre-
° P dice to the provisions of Article 9 (i) hereof) to the jurisdic-
J u t0 b e assumed by the Court, as the presence, residence or
rTmicile of any person in England has as regards the law
applied, and the jurisdiction assumed by the courts in England;
provided
(a)
that where no evidence is offered to the contrary, or
where, upon the evidence before the Court, the
Court is unable to determine the residence or
domicile of any person, such person may be pre
sumed to be resident or domiciled in Egypt;
(b) that in all matters relating to marriage, dissolution of
’ marriage, inheritance, wills, gifts, family relations
or other matters involving religious law or custom,
the Court shall, in the case of a person belonging to
a non-Christian community, other than the Jewish
community, and if no conflict of laws exists by
reason of the different religions of the persons con
cerned, recognise and apply the religious law or
custom of the community to which such person
belongs, if such person is domiciled in Egypt or in
some other country where the religious law or
custom of his community would in such matters b$
applied to him, and in cases where such conflict of
laws arises may apply such law or customs as
seem to it proper in the circumstances;
(c) that without prejudice to any rule to the contrary in the
law of any non-Christian community applicable
under the preceding proviso, all the real property of
any person dying after the commencement of this
Order shall devolve as if the same were personalty.
42. The Court shall, in cases within its jurisdiction under
Articles 9 (1) and 41 hereof, exercise the same jurisdiction in
matrimonial causes as for the time being belongs to the High
Court and to any court of summary jurisdiction in England.
43. In matrimonial causes the Crown Advocate shall perform,
in relation to the Court, the functions of King’s Proctor, and in
relation to other matters of personal status shall perform such
functions as are prescribed or as are ordinarily performed by
the Attorney-General of a Colony.
44. Where a maintenance order, within the meaning of
Section 10 of the Maintenance Orders (Facilities for Enforce
ment) Act, 1920,( a ) which Act does not apply in Egypt, has
been made against any person by any Court in any part of
(a) 10 & 11 Geo. 5. c. 33.

About this item

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' [‎124r] (252/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749760.0x000035> [accessed 29 March 2024]

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