Report of the Special Mission to Egypt under Lord Milner, and related papers [‎13v] (26/473)

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exercised by the Commissioners of the Debt, and who will be at the disposal of the
Egyptian Government for all other matters on which they may desire to consult him.
(4.) Egypt will appoint, in concurrence with His Majesty s Government, an ollicial
in the Ministry of Justice, who shall enjoy the right of access to the Minister. He
shall be kept fully informed on all matters connected with the administration of the
law as affecting foreigners, and will abo be at the disposal of the Egyptian Govern
ment for consultation on any matter connected with the efficient maintenance of law
and order.
(o.) In view of the contemplated transfer to His Majesty’s Government of the
rights hitherto exercised under the regime of the Capitulations by the various foreign
Governments, Egypt recognises the right of Great Britain to intervene, through her
representative in Egypt, to prevent the application to loreigners of any Egyptian law
now requiring foreign consent, and Great Britain on her side undertakes not to
exercise this right except in the case of laws operating inequitably against foreigners.
Alternative.
In view of the contemplated transfer to His Majesty’s Government of the rights
hitherto exercised under the regime of the Capitulations by the various foreign
Governments, Egypt recognises the right of Great Britain to intervene, through her
representative in Egypt, to prevent the application to foreigners of any Egyptian law
now requiring foreign consent, and Great Britain on her side undertakes not to
exercise this right except in the case of laws inequitably discriminating against
foreigners in the matter of taxation, or inconsistent with the principles of legislation
common to all the capitulatory Powers.
(b.) On account of the special relations between Great Britain and Egypt created
by the alliance, the British representative will be accorded an exceptional position in
■^gypE an( i "ill be enlitied to precedence over all other representatives.
(7.) The engagements of British and other foreign otlicers and administrative
officials who enu red into the service of the Egyptian Government before the coming
into force of the treaty, may be terminated at the instance of either the officials*
themselves or the Egyptian Government at any time within two years after the
coming into force of the treaty. The pension or compensation to be accorded to
officials retiring under this provision, in addition to that provided by the existing law,
shall be determined by the treaty. In cases where no advantage is taken of this
arrangement, existing terms of service will remain unaffected.
5. This treaty will be submitted to the approval of a Constituent Assembly, but
it will not come into force until after the agreements with foreign Powers for the
closing of their Consular Courts and the decrees for the reorganisation of the Mixed
Tribunals have come into operation.
<>. This Constituent Assembly will also be charged with the duty of framing a
new ()rganic Statute, in accordance with the provisions of which the Government of
will in future be conducted. This statute will embody previsions for the
Ministers being responsible to the Legislature. It will also provide for religious
toleration for all persons and for the due protection of the rights of foreigners.
i. J’he necessary modifications in the regime of the Capitulations wdll be secured
by agreements to be concluded by Great Britain with the various capitulatory Powers.
J hese agreements wdll provide for the closing of the foreign Consular Courts, so as to
render possible the reorganisation and extension of the jurisdiction of the Mixed
I ribunals and the application to all foreigners in Egypt of the legislation (including
legislation imposing taxation enacted by the Egyptian Legislature.
S. These agreements will provide for the transfer to His Majesty’s Government of
the rights previously exercised under the regime of ihe Capitulations by the various
foreign Governments. They will also contain stipulations to the following effect:—
(a.) No attempt will be made to discriminate against the nationals of a Power
which agrees to close its Consular Courts, and such nationals shall enjoy in Egypt the
same treatment as British subjects.
(6 ) d he Egyptian Nationality Law will be founded on the jus sanguinis, so that
the children born in Egypt of a foreigner will enjoy the nationality of their father and
will not be claimed as Egyptian subjects.
(c.) Consular officers of the f reign Powers shall be accorded by Egypt the same
status as foreign consuls enjoy in England.
(d.) Existing treaties and conventions to w r hich Egypt is a party on matters of
commerce and navigation, including postal and telegraphic conventions, wdll remain in