ملف من أوراق مطبوعة مصنفة تحت عنوان "التفاوض المصري" بين كرزون وعدلي باشا والوفد المصري [ظ‎‎٣‎٩] (١٧٨/٧٨)

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Englishman could satisfactorily perform the rather unimportant and exclusively
continental functions which the present “ procureur general ” fulfilled.
Lord (Jurzon observed that the question was really a much larger one than that of
the existing functions performed by the “ procureur general,” and he asked Mr. Lindsay
to state what safeguards he considered necessary for the adequate protection of
foreigners.
Mr. Lindsay replied that safeguards were certainly required, especially with regard
to protection from abuse by police authority.
Adlv Pasha said that in practice such abuses would be limited to wrongful arrest
and domiciliary visits, which were precisely the matters which the “ procureur general”
could control. He could move his colleagues in the Native Courts to prosecute any
police official guilty of an abuse of this nature.
Adly said he was not quite clear as to the exact meaning of the .functions it
was proposed to give the Judicial Commissioner with regard to the administration of
law. There were three stages in law : making the law, applying it in tne Courts—with
regard to neither of these could the Judicial Commissioner intervene, as he was sure,
the Mixed Courts would resent any such intervention—finally, there was the action of
the police in carrying it out. This was, in effect, controlled by the “ procureur general,”
who was also “ chef du parquet.” He could therefore supervise the police force better
than an official of the Ministry of Justice He could, if necessary, approach the Minister
of the Interior direct, and could demand the punishment of all police officers guilty of
wrongful action; he could also approach the mudir or any other section of the
Administration concerned, as well as the Minister of Justice, whereas the proposed
Judicial Commissioner could do nothing but report the case.
Lord Curzon asked why, if the case were as simple as represented by the Pasha,
thev had been unable to persuade Lord Milner to accept their proposal.
Adly Pasha replied that Lord Milner had informed him personally that he was not
himself satisfied with the portion of his report dealing with the question of justice, and
that he thought it would be better to have an English commandant of police at
Alexandria and Cairo.
Lord Curzon said that he could only he guided by the memorandum which Lord Milner
had signed, and which the four delegates had taken out to Egypt and commended to
the acceptance of the Egyptian people.
Adly Pasha interjected that they had not commended the memorandum, but merely
presented it to the Egyptian people, who had accepted it subject to reserves.
Lord Curzon thought that they had, as a matter of fact, commended it. In any
case, the present delegation referred to the report as an authority whenever they were
in favour of anything which was contained in it ; while, with regard to the passages
which did not meet with their complete approval, they said that these did not represent
Lord Milner’s final view.
Adly Pasha demurred, and said that all they wanted was a rather different
formula.
Lord Curzon insisted that their attitude was as he had just described it. In any
case, he invited them to produce an alternative formula. He did not suppose for one
moment that it would be possible to agree about it, as he felt that they were too far apart.
He then said that he understood that the delegation had some views to put
forward about the Soudan, and he enquired whether they would like to tackle this
subject now.
Adly Pasha explained that it was a difficult subject and would require lengthy
discussion, and he would prefer not to raise the question at this meeting.
Lord Curzon said that he had many ( preoccupations and had to economise his time
to the utmost. He enquired whether there was any other point which could now he
dealt with.
Adly Pasha referred to the reserves which he had already submitted.
Lord Curzon expressed his readiness to listen to any point that the delegation
liked to raise.
Adly Pasha then referred to the clause in the Milner memorandum, which made
the coming into force of the treaty contingent on the conclusion of the conventions
with the capitulatory Powers for the reorganisation of the Mixed Courts. He enquired
whether they would have to wait indefinitely until the consent of the Powers had been
obtained. According to the text of the Milner memorandum they would have to wait,
and he enquired what Lord Curzon’s views on this matter were.
Lord Curzon asked how it was possible to arrange otherwise, as the whole thing
turned on the consent of the capitulatory Powers.