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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎570r] (1144/1220)

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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A
in practice not only had Jurisdiction over the subjects of the
capitulatory Powers proper (which are Belgium, Danmark, Prance,
Great Britain, Greece, Italy, the Netherlands, Norway,Portugal,
Spain, Sweden and the United States of America) but have also
established Jurisdiction over most non-Egyptians. (However,
the rights formerly held by Tsarist Russia may be considered to
have lapsed, and except for Japanese, persons of African or
Asiatic origin have as a general principle never enjoyed the
jurisdiction of the Mixed Courts, On the other hand, Asiatics
or Africans who are British subjects or British protected persons
enjoy the same privileges as all other British subjects and
protected persons in Egypt, with the exception of Palestinians
as being former subjects of the Ottoman Empire, As regards
the generality of Africans and Asiatics, the Egyptian Government
have always successfully insisted that these shall be justiciable
before the Native Courts in the same way as Egyptians).
2. Owing to this discrepancy between the existing
definition of "foreigners M for the purposes of the Mixed Courts
and for the purpose of capitulatory rights, it will be a matter
of some delicacy to reach agreement on a definition for use
during the transitional regime , and in the course of the
discussions at present proceeding between His Majesty’s
Government and the Egyptian Government (mention of which is
made in paragraph 2 of Foreign Office letter under reference)
it has been suggested that British protected persons should
not be covered by that definition. The advantage of this
concession is that it would not appear to affect His Majesty’s
Government very greatly from a practical point of view, while
being of considerable value to the Egyptian Government. The
arguments/
-'-j

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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' [‎570r] (1144/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749767.0x000091> [accessed 28 March 2024]

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