تقرير البعثة الخاصة إلى مصر بقيادة اللورد ميلنر، وأوراق ذات صلة [ظ‎‎٢‎١‎٦] (٤٧٣/٤٣٥)

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the Minister whenever he likes, and can ask for information as to the Mixed
Tribunals. They are both of them to be appointed by decree, presumably as officials
of the Egyptian Government. The offices, as deiined, would be mere sinecures.
11 . The real difficulty of the English high officials in Egypt, on which the
report never touches, is that they have to serve two masters, the Egyptian Govern
ment and the British High Commissioner. It has not so much mattered in the
past, since the British representative has, in the last resort, been the ruler of Egypt;
but it is already becoming difficult, now that Egyptian Ministers are allowed a free
hand, and it will be quite impossible with an autonomous Egyptian Government.
I suggest that it should be laid down as a principle that any control which may be
retained over Egyptian Administration should be exercised by the High Commis
sioner and his officers, on behalf of His Majesty’s Government, but by no one else;
and that accordingly both the financial and the judicial commissioner should be
appointed by His Majesty’s Government as members of the High Commissioner's
staff. It would be a natural corollary that all British officials retained in, or
appointed to, the Egyptian service should owe allegiance only to their Egyptian
chiefs, and should not be entitled to call in the aid of the Residency, except in respect
of personal grievances. The High Commissioner would, in fact, be dealing with
the Egyptian Government at arm's length, and British officials would have to shape
their course accordingly.
12 . The duties of the financial commissioner should be, I suggest:—
( 1 .) To replace the “ Caisse de la Dette ” in respect of the service of the
Consolidated Debt, and to be also responsible for : —
(a.) The service of the Unconsolidated Debt, Ottoman Loans charged on the
Tribute, Ac.
(b.) The payment of all foreign pensions.
(c.) The payment of the salaries and expenses of the Mixed Tribunals.
{d.) The payment of the salaries and expenses of himself and the judicial
commissioner and their respective staffs.
(e.) Any other periodical payments to be made outside Egypt.
For these purposes, additional revenue would have to be assigned; probably
the customs duties would be the most suitable.
(2.) To act as auditor-general of the financial administration, reporting to the
High Commissioner.
(3.) To assist in the preparation of the annual budget reporting to the High
Commissioner any proposals which appear to him to be likely seriously to impair
Egyptian credit.
He would have access to all files and accounts of the Egyptian Government,
for himself and his staff, for any of the purposes above mentioned; but he would
have no right to intervene in the ordinary administration of the Ministry of
Finance for any other purpose.
13. The judicial commissioner would advise the High Commissioner as to all
matters concerning the legal rights of foreigners, the appointments of judges and
staff for the Mixed Tribunals, legislation application to foreigners, Ac. He would
not be concerned in any way with the native tribunals, except that he would be
entitled to be consulted as to the prosecution of any Egyptian accused of an offence
against a European, reporting the facts to the High Commissioner if there was
any reason to fear a miscarriage of justice.
14. The control of the Nile would, as suggested in the Milner report, be placed
in the hands of the Nile Commission representing all the countries interested; I
suggest that the High Commissioner, as representing foreigners in Egypt, should
have a representative on this commission. The relations between the Nile Commis
sion and the irrigation services of the different countries would have to be worked
out by those competent in the matter.
15. With regard to legislation applicable to foreigners, I suggest that such
legislation should require to be countersigned by the High Commissioner on behalf
of :—
(a.) His Majesty’s Government.
(b.) Foreign countries without capitulatory rights.
(c.) Foreign countries which have lost their capitulatory rights.
(d.) Foreign countries which are prepared to delegate their powers in this
respect to the High Commissioner during the period of the modus vivendi.