Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎303v] (611/1220)

by the Egyptian delegation in Document C.C.M./C.K.O.J./12.” These two
papers ail in Annex 2 to this report. The United Kingdom proposal was made
because it was pointed out through the Embassy in Cairo just before the con-
ference that there was no proper law or procedure m Eng am foi the certification
and detention of lunatics or the inspection of places where persons were confined -
as lunatics, and our proposal was therefore an improvisation put forward to deal ' T
with the situation. The Egyptian delegation s reply however affords some
satisfaction in this respect and forms a basis upon which representations can be
made if they do not carry out their intentions as declaied in this papei.
(13) Consuls.
91 Foreign consuls will be justiciable by the ^lixed Gouits, subject to the
restrictions laid down by international law. In particular, thev may not be
prosecuted for anv actions committed in the course of their official duties. Their
present privileges in the matter of taxation as regards official buildings, customs
duties &c will be maintained until the conclusion of consular conventions
between Egypt and the various Powers, and in any case during a period of three
y e ar s from the signing of the Montreux Convention (article 11 of the convention).
(14) “ FondationsC
92. As the obligations which Egypt was prepared to undertake in regard to
“ fondations ” only affected some of the other parties to the Montreux Conven
tion, it was considered preferable to deal with the subject by a series or exchange
of letters. Letters were accordingly exchanged between the Egyptian delegation
on the one hand and the United Kingdom, United States, krench, Gieek an
Italian delegations to the following effect: The Egyptian Government undertake
that, pending the conclusion of a subsequent agreement, or, in any case, until the
end of the transitional period, all educational, medical and charitable institutions
(associations or foundations) of the countries in question actually existing in
Egypt at the date of the convention may continue to carry on their activities
subject to the following conditions :—
(1) They will be subject to the jurisdiction of the Mixed Courts and subject
to Egyptian laws and regulations, including fiscal laws, under the same
conditions as similar Egyptian institutions, and also to all measures
necessary for the preservation of public order in Egypt.
(2) They will retain their legal status and, as regards their organisation an
operation, will be governed by their own charters and by then ow
curricula (it was understood that the reference to ‘ £ curricula imp ig
that schools must not be obliged by Egyptian law to adopt At a ic a
the medium of instruction). . . <?
( 3 ) They may, without prejudice to the laws relating to expropria lon
purposes of public utility, possess the movable or immovable prop J
necessary to enable them to attain their objects and may admim
and dispose of their property for these purposes. ,
(4) They may continue to employ their existing staff and may also e mp^
either Egyptians or foreigners without prejudice in all cases o ^
application of the Egyptian laws now applicable to them, or o ^
Egyptian Government’s general right of control over the en r )
foreigners into Egypt. ((4) is not in Document A, and is one o
additional concessions made by the Egyptian delegation.)
93. Furthermore, within the limits of the customs recognised ^
regarding religions other than the State religion, freedom of worsm P e( j on
continue to be assured to all religious institutions of the countries concei
1 ~ * i it* 1 r» 1 c 11 SL
condition there is no offence against public order or morals. — tween
institutions in question is to be drawn up as soon as possible in agreement De . on
the Egyptian Government and the Governments of the countries in qn ^
(The French, Greek and Italian delegations have already cqmmunicatea ^
provisional list to the Egyptian delegation. Lists of the United K in £ cl 01 s jkie.)
United States institutions must be drawn up and agreed as soon as po s ^
It was accepted that though religious institutions are only referred t0 . ci p a i
last part of the note and therefore apparently not covered by the p 111