Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎598r] (1200/1220)

EGYPT AND SUDAN.
August 28, 1936.
CONFIDENTIAL.
Section 4.
[J 7498/190/16]
Copy No*
Procedure for Giving Effect to Capitulations: Provisions of Anglo-Egyptian
T reaty.
IN accordance with the proposal in Mr. Beckett’s memorandum in J 7230 r
vUiieh was approved by the Secretary of State, a meeting was held in the Foreign
Omce on the 28th August with representatives of the Egyptian Government in
order to seek agreement on this matter.
Egyptian Go\ eminent was represented by Makram Ebeid Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. , Hafez
Ann 1 asha, \\ assif Ghali Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. , Ahmed Maher Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. and Amin Osman Bey
The Foreign Office was represented by Mr. Beckett and Mr. Campbell.
J he proceedings of the meeting were based on the attached memorandum by
Mr. Beckett, copies of which had been communicated to the Egyptian represen
tatives on the 27th August.
It was explained that there were some points in the memorandum on which
it would be desirable and even necessary to reach agreement now. The other
points could be discussed now in a preliminary manner to assist the reaching of
agreement as soon as possible with the Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. when the Egyptian delegates
returned to Egypt.
I.— Manner, Date and Place of Negotiations.
It was agreed that the best method for negotiating the necessary treaty or
protocol between Egypt and the capitulatory Powers providing for the abolition
of the Capitulations and the institution of a transitional Mixed Court regime
would be by means of a conference to be held in January 1937.
As regards the place at which the conference should take place, it was agreed
that the choice lay between Cairo and some “neutral " city, possibly Montreux.
The Egyptian representatives stated that they were divided in opinion on the
question. On the one hand, Cairo was desirable, since the archives necessary for
the discussion of these questions and the persons best qualified to discuss them
were to be found in that city. On the other hand, there was the danger that in
Cairo the influence of foreign communities in Egypt, who were nervous about any
change in the capitulatory regime, would be exerted in an undue manner upon
their respective national delegations. The Egyptian representatives undertook
to inform the Foreign Office of their decision before they left London. The
Egvptian representatives readily agreed to paragraph 4 of the memorandum
attached.
II.— Subject-Matter of Conference.
While discussing the question of a conference, Hafez Afifi urged that the
abolition of the legislative Capitulations, with which the question °f ttm cessation
of the legislative functions of the Mixed Courts is bound up, should not be dealt
with in the conference on the ground that, if they were so dealt with, opportunities
would be given to the capitulatory Powers to impose all sorts of conditions and
seek bargains with regard to capitulatory usages as the price o t eir consen o
the establishment of a transitional regime for the Mixed Courts and their final
extinction. The Capitulations, he urged, unlike the Mixed Courts were not he
subject of treaties between Egypt and the Powers, and gyp s ou e e '
to secure their abolition independently of the proposed conference Mr. Beckett
argued that the procedure proposed by Afifi Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. would be neithei proper
wise It was contrary to the procedure indicated in paragraphs 1 and i of the
Capitulations annex. ' No capitulatory Power would be would
the Capitulations until the transitory regime had been fixed and the legime uou
be conditional on the Capitulations being surren eie .
[783 ee—4] B