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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎599v] (1203/1220)

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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4
Makram Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. on his side suggested that the Egyptians’ wish mi^ht h
met if from the beginning of the transition regime Egyptian judges should b •
a majority in the Courts of First Instance and European judges in a maiorit 6 ^
the Courts of Appeal. In this manner European interests would be am T
safeguarded and their fears might be allayed, since they could always ha ik
recourse to appeal.
The matter was left with these two suggestions in the field as a subject f
further discussion and one on which the meeting felt that some arraneem °t
could be reached.
(c) Egyptian Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of Chambers and Use of A rabic Language.
Makram Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. said there were two other points of great importance to th
Egyptian Government. These were ( 1 ) the question of Egyptian presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of
the Chambers, and (2) the use of the Arabic language. ^
It was pointed out that on these two points His Majesty's Government had
already largely supported the Egyptian point of view and'that a considerable
number of other foreign Governments had done the same. His Majesty's
Government had entirely adopted the Egyptian view regarding the presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent.
of Chambers; and with regard to the use of Arabic, they had^ expressed their
sympathy in principle, while giving the opinion that it was a matter to be settled
by the courts themselves.
(d) Extent of Additions to Mixed Court and Mixed Parquet Personnel.
As regards the numbers of additional judges, &c., in the Mixed Courts and
the Mixed Parquet, this was left as a matter for later discussion.
The Egyptian Representatives, however, strongly objected to the suggestion
that there should be a certain number of European police with the rank of
inspectors of the Mixed C ourt Parquet who should be entrusted with the duty
of arresting and searching the houses of foreigners under the transition regime
working under the jurisdiction of the Mixed Court Parquet.
Makram Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. pointed out with some heat that under the treaty the
European police would disappear entirely in five years and that there could be
no European police left. The suggestion in the Foreign Office memorandum was
merely reversing the treaty provisions.
Mr. Beckett pointed out that this was not the intention at all, that the point
WaS k°ki e 0 u w . lcl1 Europeans had (possibly exaggerated) fears and that it would
probably be wise to make some arrangement of the kind suggested.
Mdkram Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. pointed out that Egyptian police were already used in the
nrro 1 / 1068 ^theie were no European police officials) for the purposes of
arrests and the searching of the houses of foreigners.
0 ^ serve ^ if this was so the Egyptian police were accom
panied by foreign consuls or their representatives.
P fu h (l replied that the consuls seldom, if ever, went in person, and
Eoyptiai^ ^ le P lesen f e d by the consular kawass, who was a servant and an
iinrUr^tka ri SOm ? Emission the principle that this duty should be carried out
subordinntp 1 ^- su P*T v ! slon the Mixed Court Parquet and not merely by some
subordinate police official was agreed upon.( 2 )
have one or^vn Pn 0 ^ 6 '^’ re Pf ate h that it would probablv be found desirable to
naye one oi two Europeans to help in these duties.
that probablv^nrnp ^ rr l att ' er should be left for further discussion and
k u 1011 sa tisfactory to both points of view could be found.
( 2 ) Note by Mr. Beckett:—
the Mixed Parquet who act get agreement that an official or representative of
the police when effectin'? arrp V ^ ^ 16 or ^ ers ^ ie Trocureur gdndral should accompany
the Egyptian side to calling ° V s ^ arches against foreigners. There will be objection on
importance provided the nrinofT °™ cia ^ s ' police,’ but the word used is not of practical
operation and supervises ita pyJ* V' S 8ecure< ^ that the Parquet official is in charge of the
i vlsesit s execution by the police.”

About this item

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' [‎599v] (1203/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749768.0x000004> [accessed 24 April 2024]

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