تقرير البعثة الخاصة إلى مصر بقيادة اللورد ميلنر، وأوراق ذات صلة [و‎‎٨‎٦] (٤٧٣/١٧٣)

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(iv.) Egypt will appoint, in concurrence with His Majesty’s Government, an
official in the Ministry of Justice, who shall enjoy the right of access to
the Minister. He shall be kept fully informed on all matters connected
with the administration of the law as affecting foreigners, and will also
be at the disposal of the Egyptian Government for consultation on any
matter connected with the efficient maintenance of law and order.
(v.) In view of the contemplated transfer to His Majesty’s Government of the
rights hitherto exercised under the regime of the Capitulations by the
various foreign Governments, Egypt recognises the right of Great
Britain fo intervene, through her representative in Egypt, to prevent the
application to foreigners of any Egyptian law now requiring foreign
consent, and Great Britain on her side undertakes not to exercise this
right except in the case of laws operating inequitably against foreigners.
“ Alternative :—
In view of the contemplated transfer to His Majesty’s Government of the rights
hitherto exercised under the regime of the Capitulations by the various
foreign Governments, Egypt recognises the right of Great Britain to
intervene, through her representative in Egypt, to prevent the appli
cation to foreigners of any Egyptian law now requiring foreign consent,
and Great Britain on her side undertakes not to exercise this right
except in the case of laws inequitably discriminating against foreigners
in the matter of taxation, or inconsistent with the principles of legislation
common to all the capitulatory Powers.
(vi.) On account of the special relations between Great Britain and Egypt
created by the Alliance, the British representative will be accorded an
exceptional position in Egypt and will be entitled to precedence over all
other representatives.
(vii.) The engagements of British and other foreign officers and administrative
officials who entered into the service of the Egyptian Government before
the coming into force of the Treaty may be terminated, at the instance
of either the officials themselves or the Egyptian Government, at any
time within two years after the coming into force of the Treaty. The
pension or compensation to be accorded to officials retiring under this
provision, in addition to that provided by the existing law, shall be
determined by the Treaty. In cases where no advantage is taken of this
arrangement existing terms of service will remain unaffected.
5. This treaty will be submitted to the approval of a Constituent Assembly,
but it will not come into force until after the agreements with foreign Powers for
the closing of their Consular Courts and the decrees for the reorganisation of the
Mixed Tribunals have come into operation.
6 . This Constituent Assembly will also be charged with the duty of framing
a new Organic Statute, in accordance with the provisions of which the Government
of Egypt will in future he conducted. This Statute will embody provisions for the
Ministers being responsible to the Legislature. It will also provide for religious
toleration for all persons and for the due protection of the rights of foreigners.
‘7 The necessary modifications in the regime of the Capitulations will be
secured by agreements to be concluded by Great Britain with the various capitulatory
Powers. These agreements will provide for the closing of the foreign Consular
Courts, so as to render possible the reorganisation and extension of the jurisdiction
ol the Mixed Tribunals and the application to all foreigners in Egypt of the
legislation (including legislation imposing taxation) enacted by the Egyptian
LIS L ct L111©.
8 . These agreements will provide for the transfer to His Majesty’s Government
ol the rights previously exercised under the regime of the Capitulations by the
various foreign Governments. They will also contain stipulations to the following
Power
enjoy
(a.) No attempt will be made to discriminate against the nationals of a
which agrees to close its Consular Courts, and such nationals shall
m Egypt the same treatment as British subjects.
(o.) The Egyptian Nationality Law will be founded on the jus sanguinis, so that
the children born in Egypt of a foreigner will enjoy the nationality of
their rather, and will not be claimed as Egyptian subjects
[4941] F
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