Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎301v] (607/1220)

(7) Parquet.
70. The procurator-general will be a foreigner (article 16 of the R.O.J.).
tt p ill assisted by two advocates-general, one Lgyptian and one foreign, of
whom the Eevntian will be senior in precedence, but the foreigner will, ?n the
Sence of g tle procurator-general, deal with criminal and penal matte, ?
(article 17). The Drafting Committee’s report observes (a) with reference to
article 17—
“ It is not intended to modify in a general way the rule in accordance
with which the parquet constitutes an indivisible judicial organ; if,
therefore the procurator-general and the second advocate-general are
prevented from discharging their duties, they will be replaced by the first
advocate-general. Similarly, if the procurator-general and the first advocate-
general are prevented from discharging their duties, they shall be replaced
by the second advocate-general.
(b) with reference to article 18—
“ It did not consider it necessary to include a special provision regarding
the uromotion of officials of the parquet. It was, however, understood that
the Esvntian Government intends to continue the current practice in this
matter" as stated in the declaration by the Egyptian delegation recorded in
the minutes of the meeting held by the Reglement Committee on the
19th April, 1937 (P.V. 4, p. 11).
Both these points {a) and (b) were points to which the procurator-general,
Mr. Holmes, attached much importance, and they were, in consequence, piessed by
4-1^^ TTrvUorl TTinorlnm dfdfio-ation.
( 8 ) Pardons and Death Sentences.
71 The procurator-general will be called upon to give his opinion on the
execution of death sentences or the total or partial remission of penalties on
foreigners (article 21 of the R.O.J.).
(9) Perquisitions.
72. Arrests and domiciliary searches of foreigners, except .j n ca ® es
“ flagrant delit ” or a call for help from within the dwelling-house, wll l he ca
out by, or in the presence of, a member of the mixed parquet or an t
judicial police to whom such functions have been delegated by the mixe p 4
(article 47 of the R.O.J.).
(10) Deportations.
73. Section 4 of the Egyptian Government’s declaration in the FinalA^
states that, in view of the fact that the abolition of the Capitulations en ^
suppression of all restrictions on the right of that Government to expel D
from Egypt, they declare that, during the transitional period, it is n , • ctt()
intention to exercise their right of expulsion as regards any foreigner su j ^
the Mixed Courts who has resided in Egypt for a period of at leas ' * t0
(Document A says “not less than seven years ”), nor to refuse him a
Egyptian territory if he has temporarily left Egypt, unless— ^ ^
(a) He has been condemned for a crime or an offence punishable by mo re
three years’ imprisonment. . . 1 , p U |)lic
(h) He has been guilty of activities subversive of or prejudicia F
order, tranquillity, morals or health.
He is indigent and a burden to the State.
. c< nativities
74. The Drafting Committee’s report states that the expression ^ -grated
prejudicial to public tranquillity” is to be understood as ineanl P® say. a
acts disturbing public tranquillity, but a series of repeated acts, tha i
continued form of conduct presenting such a character.