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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎569r] (1142/1220)

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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rtnv further communication
^Ithis subject, please quote
' VJ 225/13/16.
and address—
not to any person by name
but to—
u Tijjg Under-Secretary of State,
Foreign Office,
London, S.W.l.
immedi ate.
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Foreign Office.
S.W. 1.
3rd February, 1937.
.
Sir, .fP
Dominions OfVice ' 6 ^ 1 ' 61106 t0 Pore:L S ri Office letter to the
/No. J 9242/90/16 of the 22nd January,copy of which was
transmitted to the 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. on the 23rd January, I am
directed by Mr. Secretary Eden to request you to draw the
attention of the Marquess of Zetland to the following point
arising from the proposed abolition of the capitulations in
Sgypt. It will be observed from paragraph 8 (i) of the Annex
to Article 13 of the Anglo-Egj’ptian Treaty of the 26th August
1936 (Cmd. 5270) that one of the questions to be decided is the
definition of the word "foreigner" for the purpose of the
jurisdiction of the Mixed Tribunals during the transitional
regime foreshadowed in paragraph 1 (ii) of the Annex. As
Lord Zetland is aware, this question is discussed in paragraphs
2 to 4 of the memorandum to the Egyptian Government which forms
the second enclosure to the Foreign Office letter under
reference. In eimplification of those paragraphs, I am to
explain that the existing Mixed Tribunals were instituted to
supplement the Consular Courts provided for under the
capitulations and with a view to trying certain categories of
cases between Egyptians and non-Egyptian foreigners or oetween
foreigners of different nationalities. The meaning of the
word "foreigner" for the purpose of the jurisdiction of these
tribunals has never been defined to the satisfaction of all
parties, but it may be said broadly that the Mixed Courts have
Under-Secretary of State,
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. .
REDO. POt.
4EFEB1937.
OFFICE
ENCLOSURE m/AIR MAIL LU’ic::
No. 6 ; -8 FEB 1937
IM SECRETARY, POLITICAL AND
SECRET DEPT. INDIA OTFISE

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
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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎569r] (1142/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749767.0x00008f> [accessed 5 June 2026]

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