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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎401r] (806/1220)

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. .

Transcription

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e la person-
otamment dans
et 1 & Turquie (
cette rnatioff
■ernement royal
tatut personnel,
gle de fond de
a cette applies-
suppression de
it royal egyptien
oire de 1’Egypte,
:e Gouvemement
oit d’expulsiona i
mixtes qui aura
, ni de lui refuser
ment quitte, saul
i pour un delit |
ment;
nature subversive
quillite, la morale
t.
se en outre d'ins- I
Itative dont fera
x mixtes, en vue
contestations an
la personne dont
sejour en Egypte,
Ision est basee.
— 54 —
3 . Personal status.
The Royal Egyptian Government, having already and
more particularly in the Establishment Treaties which it has
concluded with Iran and Turkey, spontaneously adopted the
principle that, in matters of personal status, the personal law
should apply, intends to adopt the same principle with reaard
thereto in the future. °
As regards the rules of procedure, which the Royal Egvntian
Government intends to enact for cases of personal status these
will be applied provided that no substantive rule of the foreign
national law prevents their application. ^
4 . Deportation.
Although the abolition of Capitulations entails the removal
of all the existing restrictions on the Royal Egyptian Govern
ment’s right to deport foreigners who are within E«yptian
territory, nevertheless that Government does not intend to
exercise during the transition period its right of deportation
in respect of a foreigner subject to the jurisdiction of the Mixed
Tribunals, who shall have resided in Egypt for at least five
years, or to refuse such a foreigner access to Egyptian territory
if he has temporarily quitted that territory, unless :
( a ) he has been convicted in respect of a crime or misde
meanour punishable by more than three months’ imprisonment,
(b) he has been guilty of activities of a subversive nature
or to the prejudice of public order or public tranquillity, moralitv
or health, or
(c) he is indigent and a burden upon the State.
The Royal Egyptian Government further proposes to set
up an administrative advisory committee, of which the Procurator
General of the Mixed Tribunals shall be a member, for the
purpose of examining any disputes on the subject of the identity
or the nationality of the person whose deportation is under
consideration, or of the length of his residence in Egypt, or of
the existence of the facts which constitute the grounds for
deportation.

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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' [‎401r] (806/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749766.0x000007> [accessed 14 May 2024]

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