Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎597r] (1198/1220)

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8 . It may, however, be necessary for th
in matters of statut personnel to have ( ' PI .t!in l 2 " P 0 SeS i° f determining jurisdiction
considered to be the “ nationality of the o,?; t .® P f eCla A mles determining what is
in the possible event of the parties to a t0 ' the P ul 'Poses of jurisdiction
—tionality. In this connexion the TJT 0 ^! Suit bein S of different
ijisideration :— bowing rules are suggested for
w suyinssr ss »»<**«*
proprietary relations between hushand^ 0 ^ m , amtenance - and
the husband, if different from that iff .1 an 4 Wlf e), the nationality of
(b) In matters of guardianshln of mi f t the , W , lfe ’ sha11 P reva il-
(e) Wheie one of the persons, whose nationality under the preceding rnW
nationality th t e h ] e Ur F dle t 10n ' P ossesses . Egyptian as well as some foreign
nationality, the Egyptian nationality shall prevail Where such
person possesses two nationalities, neither of which is Etryntian it
cireumsfonc^of‘the Courts ', ln “ ase of dispute, to determine in all the
9. The discussion which took place on the 28th August raised very important
questions in relation to the personnel of the Mixed Tribunals, in connexion with
the desire of the Egyptian Government that there should be an increase in the
proportion of Egyptian judges. His Majesty’s Government have given the most
sympathetic consideration to Egyptian desires in this respect. It would seem
clear that there are two opposite dangers to be avoided : On the one hand, a
Premature dislocation of existing organisation; on the other hand, an abrupt
change at the end of the transition period. In order to meet both these difficulties,
it is tentatively suggested that an increase in the proportion of Egyptian judges
should take place during the last five years of the transition regime, and that
this rise should be made gradually by providing that during these five years
European vacancies on the tribunals of first instances should be filled by
Egypti ans > an d those in the Court of Appeal by promoting European judges of
first instance. Further, in order to avoid difficulties as to the composition of
courts, it is suggested that, throughout the transition period, there should be no
formal obligation to compose the chambers with a majority either of foreign or
of Egyptian judges. This would entail the deletion of those provisions of the
Reglement d’Organisation judiciaire which prescribe how the bench of the
tribunals and chambers of the Mixed Courts for the decision of cases should be
divided between foreign and Egyptian judges.
10. As regards the parquet, the following suggestions are made in place
of those contained at the end of paragraph 9 in the memorandum given to the
Egyptian delegation before the meeting in London on the 28th August:—
( 1 ) There should be a European member of the parquet in each tribunal of
first instance. While it should be provided that the procurator-
general must be European for the whole of the transition period, it
may be agreed that during the last five years of the period vacancies
occurring in these other European parquet posts may be filled by
Egyptians.
( 2 ) The police, when engaged in arresting and searching the houses of
foreigners subject to full criminal jurisdiction of the Mixed Courts,
should be accompanied and directed by an official of the Mixed Parquet
or by a police officer specially delegated by the procureur general. The
Mixed Courts should have an adequate number of such parquet
officials.