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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎299r] (602/1220)

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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The whole question of non-discrimination is discussed in greater detail in Part V
of this report.
38 It will now be convenient to deal first with the points dealt with in
Document A and in the order in which they appear in it. Where the Montreux
instruments go beyond or fall short of Document A, attention will be called to it;
where no comment of this kind is made, the inference is that the Montreux
instruments simply give effect to Document A. Then, certain points will be
enumerated which were not dealt with in Document A at all.
( 1 )
39 . The length of the transitional regime during which the Mixed Tribunals
will exercise, in addition to their present jurisdiction, that at present vested in
the consular courts will be twelve years, and will terminate on the 14th October,
1949-
40. There is no provision in a protocol of signature (as suggested in
Document A) that the new regime should come into force provisionally on a given
date if sufficient ratifications have not been received at that date to bring the
Montreux Convention definitely into operation. Instead, paragraph 2 of article 3
of the convention provides that the new R.O.J. will apply from the 15th October,
1937, and paragraph 3 of article 15 provides that the convention “will come
into force on the 14th October, 1937, if three instruments of ratification have
been deposited by that date. It will not, however, enter into force in respect
of the other signatories before the date of the deposit of their respective
instruments of ratification.” This paragraph is based on a proposal by the
United States delegation. Admittedly, the exact legal position as regards
countries which have not ratified by the 15th October is intentionally obscure, but
all the parties concerned preferred not to make it more precise, the understanding
being that no difficulties would be raised in practice if, at least three ratifications
having been received, the Egvptian Government put the new regime into force
on the 15th October, 1937. The United States delegation, m fact, wrote a letter
to Nahas Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. stating that, even if the United States ratification was not
deposited by this date, the United States Government could and would waive its
capitulatory rights and its rights to the maintenance of the existing K.O.J. by
executive action, provided that all foreigners were subjected to the same regime.
41. Article 8 of the convention provides that no new proceeding (except in
statut personnel where this jurisdiction has been reserved) is to be instituted m
any consular court in Egypt after the 15th October, 1937, but that proceedings
already begun at that date may be completed unless voluntarily transfened to e
Mixed Courts under article 53 of the R.O.J. . ^ ,
42. Article 12 of the convention provides for the maintenance m r,gyp
during the transitional period of the consular judicial records, and t e g ian 0
a right of inspection and of certified copies when this is required by the mixe or
national courts in Egypt in connexion with a case within their jurisdiction. e
Drafting Committee’s report mentions that fees may be charged for copies.
(2a)
43. The Egyptian delegation circulated to the other delegations a Penal
Code and a Criminal Procedure Code for application by the Mixe
the transitional period. No difficulties were made regarding these ^ >
Powers, but they preferred not to take cognisance of them by prmrP i V ed
ln the instruments signed at Montreux. The codes were though United
on modern and enlightened lines. On the other hand, at the requcs articles
■Kingdom delegation, supported by the French delegation, nrocedure
containing essential and elementary guarantees in the mattei o ci • g.
were inserted in the R.O.J. itself and thus rendered to
transitional regime. Particular attention is drawn in .
lirticles 46, 48, 49 (paragraph 1 ) and 50, which read as fo o^s .
‘'Article 46.—En matiere penale, les tribunauxde simple police J
les faits qualifies contraventions par la loi et les debts c P
ne depassant pas trois mois d’emprisonnement.
[15448]

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' [‎299r] (602/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749765.0x000003> [accessed 29 March 2024]

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