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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎600v] (1205/1220)

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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6
. han d as being the capital of the convoking Power, and
between Cairo, on the one “aim, ons who are conversant with this com-
he place where the mapntv be ’ found , a nd, on the other hand a place in
plicated question are nomap Switzerlaud As regards the time, it is thought
Enne “neutral countr>, sue con f e rence being held in January 1937, j»
! ha t it would be best to ““ a t com pi e te the necessary preparatory work befor?
would probably n °E be K°f r mmd the ratification of a number of Powers inevitably
this date, and, on the other ha 1 . rotoco l bringing the changes into effect is
takes some time and the ‘reaty o.^p hm & of signa tur e of the Treaty of
to come into force (as we a i n for thls p ur p 0 se.
Alliance January wouid not b ‘ ^ the United Kingdom, in fulfilment of their
' 4 . His Majesty s Govern ^ SU p p0 rting the approaches by the Egyptian
treaty obligations wi be desi ^ PP Treaty of Alliance has been ratified
Government to the 1 1 t0 enable them to do this they would wish to be
and come into force, in oiae ^ terms of the actu al propositions put by
o-iven an opportunity to conLl , ■ f t he work of the conference. In order
prep.™™,, work should b, teg,,
immediately. in th e course of the treaty negotiations. His
5 As was made clear action support of Egypt s approaches
Maiestv’s Government, oeioie ° men t with the Egyptian Government
X Vers, df positions whkh sD he made to the Powers in regard to
^rtin?^ 0 1 points are Ml I
(а) The length of the h E r uEhe'\lTid Courts will apply for the purposes of the
(б) The new codes which tte . j urisd i ct ion during the transitional
regime- “foreigner” for the purposes of the future
<C> ^urisTiction of the Mixed Tnbunah^ Tribunals and Mixed p arquet
(d) The wS e w«uld CTecess.tated by the proposed extension of their
jurisdiction. pardons or remissions of sentences imposed
M The Pwmners and also in connexion with the execution of capital
sentences passed on foreigners. I
«. With regard to («) b
transitional regime, the treaty Governme nt in the United Kingdom
considei^that this period j b ? u Jd ^^Sht^cn^years.^ ^ ^ avo ided, it will be mosl
d esi,VradTi1t t V ^
already received a certain measr ' M > delav caused thereby would be m«t
be proposed or to be drafted no , , br i nt r in g about the change within
prejudicial to the main object in view namely, bnngin| ^ A penal Code;aD
a short space of time, two new co reirards ^(i). there was a code P r «P ar ®
(ii) a Code of Criminal 1 rocedure. ^ j>p..,.ival Code ” This code has ahead'
in 1920 which is generally known as the mos t desirable that it should
received so wide a measure of approialthat it. , h p rocura tor-General
be adopted. As regards (it), a committee whtch lauded the^ d ^ ^ ^ 193 . 2or
of the Mixed Courts and the present jud cial aaimei [>■
1933. It is suggested that this code shouh • e a op e d f ore igner," His
8. As regards (c) in paragraph 5, definition ot> E tian Government
Majesty’s Government will communicate then - 1 ,
without delay. r ixpvcionnel), His
9. As regards (d) in paragraph 0 <1IU '' ei b incV ease of personnel which
Government’s purely provisional estimate of the
might be expected to be required is as follows
Judges—
Two new European “ iuges d instruc tion.
Eight new European ordinary judges, and
One new European ‘ conseiller.” _ . ,
A corresponding increase of Egyptian judicial pe ^

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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' [‎600v] (1205/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749768.0x000006> [accessed 19 April 2024]

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