Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [304r] (612/1220)
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.
guarantees, they are, in fact, deemed to be covered by the word “charitable
and can therefore be included in the lists (as they have been in those annexed to
t he French and Italian notes). Thus when religious institutions possess a
church, a parson’s house, or a parish room, they are deemed to be performino- a
work of “ assistance ’’ and in this capacity get the benefit of all the guarantees.
94 . The Netherlands and Spanish delegations have exchanged notes with
the Egyptian delegation to the effect that the Egyptian Government will give
the same treatment to their educational, medical, charitable and religious
institutions as that accorded to the institutions of the above-mentioned countries.
95 . The following points not in Document A are dealt with in the
instruments signed at Montreux
(a) Future Position of (i) Mixed Courts Magistrates and Personnel, and
(ii) of the Mixed Bar.
90 —(i) The Egyptian Government declare in section 7 of the Final Act of
the convention that it does not intend to modify the conditions of service nor the
existing salaries of Mixed Court magistrates, officials and employees. In the
case of the officials and employees, it will give sympathetic consideration to their
treatment in respect of grading, rules for increase of salary and promotion. The
cases of any officials or employees discharged at the end of the transitional period
will be examined in the light of the circumstances of each case. If the circum
stances justify it, certain advantages may be accorded to them from the point of
view of pension or compensation. The Egyptian Government intends to ensure
the double imposition of taxation on the pensions of foreign magistrates, officials
and employees will be avoided.
97. —(ii) As regards the Mixed Bar, the Egyptian Government will enable
the lawyers in question to enter the national Bar at the end of the transitional
period without restrictive conditions and with their existing seniority.
(b) Extradition.
98. The Egyptian Government make the following declaration on extradi
tion in the Final Act: In conformity with the practice generally adopted in regard
to extradition, the Egyptian Government intends to adopt judicial procedure in
this matter. It will, therefore, be necessary for the Mixed Tribunals to pronounce b
upon the regularity of the request for extradition when such a request relates m
to a foreigner within the jurisdiction of the said tribunals.
(c) Literary and Industrial Property.
99. The report of the Drafting Committee contains the following statement
on the subject of literary and industrial property and suppression of false marks
of origin :—
“ The committee, on the basis of an amendment put forward by the
French delegation, proceeded to an exchange of views in the course of which
the Egyptian delegation stated that their Government was, at present,
preparing a law on the matter which will be inspired by the most liberal
ideas, and that it would also consider the question of the possibility of
Egypt’s accession to the Berne Convention, the Paris Convention and the
Madrid Agreement.”
The Independence of the Mixed Courts as regards their Internal Organisation
and Control of the Bar, &c.
FTeglement general judiciaire (R.G.J.).
IdO. A most important feature of the Mixed Courts is the independent
r( ] Mixed Court of Appeal over the whole organisation. T isc
ll des the allocation and distribution of judges, their allocation to Mm J
unals and the composition of chambers of three in the difteren
^ mg their allocation for criminal and civil work respecive}
vP i ud o es - It a l so includes the discipline and control o a A
t ^ lxed Courts, the statutes of the Mixed Bar and the disciphne of the
^ ( Bar. It was, therefore, most important to maintain this e
[15448] D 2
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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- 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
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