File of printed papers marked 'Egyptian negotiation' between Curzon and Adly Pasha and the Egyptian delegation [‎46r] (91/178)

KSMMPP
[This Document is the propert y of His B ritannic M ajest y’s Governme nt.]
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CONFIDENTIAL.
[E 8537/260/16]
EGYPTIAN NEGOTIATIONS.
Minute by Mr. Lindsay.
Lord Curzon, . ' i i r n j
THE plan which has been contemplated and, where occasion presented, followed
during the last twelve months in respect of the Capitulations in Egypt is briefly as
follows :—
(a.) To obtain the transfer to His Majesty’s Government of the privileges enjoyed
under the Capitulations by the various capitulary Powers. .
(b ) In the exercise of the privileges so transferred to reconstitute the Mixed
Courts under British control, and to invest them with the jurisdiction at
present exercised by the Consular Courts. .
(c.) To require the Egyptians, as a condition of any political concessions which
His Majesty’s Government may make, to undertake to acquiesce in these
arrangements and to promulgate the necessary legislation ; this involved
obtaining their assent to the principle that in future Egyptian legislation
to be applicable to foreigners should require the consent not of each of the
capitulary Powers individually, but of His Majesty’s Government acting on
their behalf.
The purely British interest in these arrangements is twofold :—
(a.) Their realisation would give His Majesty’s Government a fresh source of
influence as the common capitulary authority over foreigners in Egypt.
(b.) Few legislative measures can be effective in Egypt unless applicable to
foreigners; in acquiring the right to decide what kiws should be so
applicable His Majesty’s Government would acquire a potent voice in
Egyptian legislation and indirectly in Egyptian administration.
These two considerations explain the prominent place given to judicial reform m
Lord Milner’s memorandum.
The Egyptian interest in these arrangements is as follows
(a.) To obtain the greater facility as regards legislating for foreigners (particularly
in respect of taxation) which may be expected to follow from having to
.deal with His Majesty’s Government alone. .
(6.) To strengthen the criminal law by bringing all foreigners under Egyptian
courts and an Egyptian code. .
(c.) To increase the administrative effectiveness of the Mixed Courts.
The advantages of these arrangements have so far failed to commend themselves
to Egyptian public opinion, which is apparently more impressed by the political aspect
of the projects and by the formal consecration which they involve of the exercise of
novel powers by the representative of His Majesty’s Government. They particular y
dislike the provisions which it has been thought necessaryin view of British and
foreign anxieties, to insert in the judicature laws explicitly guaranteeing he
preponderatiugly foreign and especiallv British character of the Mixed Courts.
It would seem to be undesirable to seek to impose upon the Egyptians, as a
condition in the treaty, the acceptance of the draft judicature laws. ^ In the first place,
it will be difficult at present to reach agreement as to their provisions ; the necessary
guarantees for foreigners will be obt ained more easily when the Egyptians come t lem
selves to be petitioners for the reform of the capitulary system. . In the second p ace
His Majesty’s Government might find it difficult to defend its action if a breakdown ol
the negotiations were attributable to our insistence upon proposals which are so muc
disliked by the foreign (especially the British) colonies in Egypt.
421a [6673]
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