File of printed papers marked 'Egyptian negotiation' between Curzon and Adly Pasha and the Egyptian delegation [‎68r] (135/178)

421 k [G833]
[This Doc ument is the Property of His Britannic M a jesty’s Gover nm ent.]
CONFIDENTIAL. / -
EGYPTIAN NEGOTIATIONS.
[E 8849/7309/161
Mr. Lindsay to Mr. Scott (Cairo).
Foreign Office, Avgust 24, 1921.
WITH reference to Foreign Office despatch No. 923 of the 24th August, on the
subject of an Egyptian indemnity law, I should explain that I talked over this question
with Adly Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. the other day without, however, telling him that Lord Allenby had
already sent us draft.
Adly is inclined to think that the law might be promulgated by a decree of the
Council of Ministers without making it a schedule of the political treaty, and prvna
facie there would appear to be no serious objection to this course, provided that the
law is effective before the Mixed Courts.
His anxiety that its preparation should be taken in hand is due to political
considerations, for he feels that if he can say that the law is being drafted he has an
effective answer to those who attack him for not having got rid of martial law.
I have told him that we were sending you official instructions on the subject, and I
have given him a copy of our despatch under reference.
When Amos was over here he discussed his draft with our legal advisers, and I
enclose a copy with the modifications upon which they were agreed. I feel some
doubt as to whether Amos will be able to persuade Sarwat and Company to accept
this text as it stands, but if he can do so then so much the better.
The preamble might, I think, be modified so as not to make the law contingent on
’the coming into force of the political treaty, as it is at least conceivable that, in the
event of no treaty being concluded, we might still desire to get rid of martial law.
Yours sincerely,
It. C. LINDSAY.
Enclosure.
Indemnity Law.
WE, Sultan of Egypt,
Whereas by a proclamation dated the 2nd day of November, 1914, the
General Officer Commanding-in-chief His Britannic Majesty’s forces in Egypt, declared
that Egypt was placed under martial law as and from that date ;
And whereas it is provided by the treaty made between the Government of His
Britannic Majesty and the Egyptian Government and dated the day of ,
192 , that (recite textually (a) the provision as to the cessation of martial law, and
(6) the provision as to a decree of indemnity) ;
And whereas it is expedient to make provision for the continuance in force of
certain measures taken under martial law and for the maintenance of the powers of
certain officers appointed thereunder;
Hereby decree as follows :—
1. In this law the expression “ under martial law” shall be deemed to mean under
the express or implied authority of the General Officer Commanding-in-chief His Britannic
Majesty’s forces in Egypt during the period from the 2nd day of November, 1914, until
the coming into force of this present law.
2. All proclamations, regulations, notices, orders and other legislative acts made or
issued under martial law shall be deemed to be and always to have been valid and of
full effect and applicable to all the inhabitants of Egypt until repealed, notwithstanding
that any such legislative act may have been inconsistent with any law or treaty in force
in Egypt.
3. All measures of an executive or administrative character taken under martial
law shall be deemed to have been taken in good faith and under lawful authority
whether such measures have been taken by a military or civil authority or by a
private person.
4. All judgments, sentences and other orders made by any court acting under
martial law shall have the same force and effect as judgments, sentences and orders of
an Egyptian court of unlimited jurisdiction.