Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎599r] (1202/1220)

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^Liovunment foi a penod of eighteen years (they would be ready to accept fifteen
yeais as an absolute minimum) could easily be presented to the Egyptian Govern
ment in an advantageous light, and, after all, the period was not so very long in
the life of a nation. A. shoi t period would result in its being hardiv worth while
to establish a transitional regime.
M<ih i(uu Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. lepeated his earlier arguments, ihe Mixed Courts, he said,
had been imposed on Egypt and were a restriction of Egyptian sovereignty.
Further discussion having failed to produce agreement in the meeting, the
point was reserved for discussion between the Secretary of State and Nahas Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders.
in the afternoon (see below). (See paragraph 4 above l the discussion of the other
points may be regarded as preliminary only.)
V .—New Codes for the Mixed Courts during the
(a) Transition Regime.
This point was then discussed.
Makram Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. said that at present he saw no objection to the adoption of
the Draft Penal Code (“ Percival Code ") already in existence, though he thought
there was a native penal code already prepared other than the so-called
“ Percival Code.”
Afifi Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. pointed out that the “Percival Code” would be satisfactory
except that a few portions of it, which related to the political regime in Egypt
which had just been closed by the treaty, would need modification or omission.
Mr. Beckett, in reply to Makram Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. , urged that it was better to take a
code, i.e., the Percival Code, to which the majority of the Powers, as well as the
Egyptian Government, had already agreed. If a new code which had not this
advantage were to be left for consideration at the conference, endless discussions
would ensue. As regards the Code of Criminal Procedure, there was that of
1933, which would be ready, as Makram Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. said, in a month or two. This had
been prepared by the Procurator-General of the Mixed Courts and some European
judges of those tribunals.
It was agreed that the Percival Code and the Code of 1933, now about to be
completed, should be recommended for adoption at the conference.
(b) Proportion of Egyptian to Foreign Judges.
With regard to the suggested increase in the personnel of the Mixed Courts
which woulcf be necessitated by the transitional regime, Makram Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. said
that there was one point of extreme importance which he wished to make. He
considered that the relative number of European and Egyptian judges in t e
Mixed Courts should be modified so that there should be an equal number oi
Egyptians and Europeans. In making this proposal Makram Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. said (and
Afifi Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. supported him earnestly) that its object was to ensure the training of
a sufficient number of Egyptian judges for service m the Egyptian courts which
would succeed those of the transition regime. The proposal, he could assure the
Foreign Office, was an entirely sincere one.
[783 ee—4]
(i) N.B.—This sug;
ggestion was the last five years of a period of fifteen years.
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