Correspondence with A J Balfour, Sir R Wingate, Lord Allenby, Lord Milner and others on Egypt [‎2v] (4/300)

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in accordance with the terms of the convention signed at London on the
l$th March, 1885, as modified by the convention of the 25th July of that year.
The Government of His Britannic Majesty for their part reaffirm their obligations
to guarantee the regular payment of the annuity of 315,000?. assigned to the service
of the above loan.
“ 7. As the Imperial Ottoman Government will no longer be responsible for the
defence of Egypt, and for the maintenance therein of public order, the powers
conferred upon His Imperial Majesty the Sultan by the convention signed at
Constantinople on the 29th October, 1888, respecting the free navigation of the
Suez Caaal are transferred to the Government of His Britannic Majesty.
An addition has been proposed, under the heading 2a, to run as follows :—
“ Pending the coming into force of an Egyptian law of judicial organisation
creating Courts of universal jurisdiction, the High Contracting Parties agree to
the maintenance, upon the same footing as they exist at present, of the mixed
tribunals and of the Consular Courts. In the case of any Power whose Consular
Court has ceased to function during the war, the High Contracting Parties agree
that provision should be made by decree of His Highness the Sultan for the
exercise of jurisdiction over such persons by the British Consular Courts. His
Miijesty’s Government on their part declare their willingness to allow the British
Consular Court to exercise jurisdiction in all such cases, and undertakes that
subjects or citizens of that Power shall not be treated less favourably than British
subjects.”
The new judicial system for Egypt is in course of preparation and is expected to
be ready for application within a year from now.
On the chapter of judicial reform it has been suggested that in the new regime
provision should be made for appeal from the Supreme Court in non-native cases to the
Judicial Committee .of the Privy Council. From the purely legal point of view% this
would be advantageous and inspire confidence, since experience is understood to have
shown the desirability of such a recourse even in India, and it is scarcely to be
anticipated that the Egyptian will be more infallible than the Indian Courts.
On the other hand, there are perhaps political objections to this proposal. Our
general policy must be to raise and maintain the prestige of our new protectorate—that
is, our own prestige—in every possible way. The provision of such a recourse from its
highest judicature cannot but have the opposite effect.
On the whole, it will be best to go to the Conference with an open mind on this
point, and to be guided by the extent to which the inclusion of this right of appeal
would remove or diminish foreign opposition to any other part of our programme. The
French will certainly welcome it.
It should also be added, in connection with this article, that efforts may very
possibly be made—especially by the Americans—to' obtain from us some assurance
as to the proportion of foreign judges in the future judicial regime, 'this should be
most resolutely and uncompromisingly refused. We should take our stand quite clearly
on the declaration that we mean to employ the best possible personnel irrespective
of nationality ; and this must be enough for the other Powers represented at the
Conference.
The first step in regard to our desiderata is to obtain the assent of the French,
and for this purpose we have been in negotiation with them since 1917 for the
mutual renunciation of Capitulatory rights. The present stage of these negotia
tions is shown in the draft, of which a copy is annexed. It would be helpful if
this agreement could be reached and signed before we go to Paris. It will be seen
from article 10 that the French are to give their support to His Majesty’s Government
in obtaining from the other Powers our desiderata in regard to the Capitulations.
This will be a useful beginning. In article 20 the French, subject to the consent of
the other Powers, make the necessary renunciation in regard to the International
Quarantine Board. It would be well to have both these points definitely in our hand
before we go to the Conference. We are also asking (article 16) for French consent to
the abolition of the Caisse de la Dette. A similar consent will have to be extracted
from the other Powers.
Subject to the concurrence of the Egyptian Government, general agreement has
been reached on all the provisions contained in this counterdraft.