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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [219r] (442/1220)
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. .
Transcription
This transcription is created automatically. It may contain errors.
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(j 3476 / 1 V 16 )'
DRAFT NOTE TO THS EGYPTIAN M,F.A.
With reference to my notification of to-day^ date,
made in accordance with paragraph 2 of Article 9 of the
Convention signed at Montreux on May 8th, 1937, I have the
honour to state that the jurisdiction of the consular court
retained in accordance with that notification will not apply
in cases where the British subject or British protected
person with reference to whom the national law to he applied
is to he ascertained, in accordance with the provisions of
Articles 29 and 30 of the Annex to the Convention, (i) is a
Palestinian citizen or a Transjordanian national; this
results from paragraph 3 of Article 25 of the said Annex;
or (ii) is of the Moslem religion; this results from
paragraph 4 of Article 25 of the said Annex, since British
subjects and British protected persons of the Moslem religion
alone had the right in the past to have recourse to Egyptian
religious jurisdictions in matters of personal status, and in
consequence paragraph 5 of Article 25 of the said Annex applies
to British subjects and British protected persons of the
Moslem religion only*
Your Excellency is aware of the declaration made, at
the final plenary session of the Montreux Conference, oy the
representative of the Irish Free State, to the effect that
his Government did not desire that there should oe any
reservation of consular jurisdiction in matters of statut
’’personnel” for Irish Free State citizens# Steps wi
accordingly be taken to provide that the jurisdiction
consular court will not extend to cases in which, in accord
with Articles 29 and 30 of the Annex to the Convention,
national law to be applied is the law of the Irish Free State.
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 View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/L/PS/12/2764
- Title
- Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:8v, 10r:13v, 15r:28v, 30r:88v, 92r:140v, 142r:147v, 150r:164v, 167r:182v, 184r:185v, 187r:202v, 205r:212v, 214r:310v, 313r:361v, 436r:439v, 441r:443v, 446r:486v, 489r:503v, 506r:530v, 533r:550r, 552r:589v, 591r:607v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence