883.05/171
The Ambassador in Great Britain (Davis) to the Secretary of State
[Received July 31.]
Sir: In compliance with the Department’s telegraphic instruction No. 712 of July 8 [6], 1920,3 directing me to forward a complete statement of the British proposals for reforms in Egypt, including those for the re-organization of the Mixed Courts, I have the honor to transmit herewith a copy of a Note, No. E 8016/509/16, dated July 15, 1920,4 received from the Foreign Office, which accompanied two copies of the Draft Laws for Reconstituting the Mixed Courts.5
In this connection the attention of the Department is respectfully invited to the comments contained in my telegram No. 1005 of June 30 on the subject of the proposed abolition of the régime of the Capitulations and the consequent closing of the consular courts. The British Government declares, however, that it is not its intention at present to attempt the unification of all the jurisdictions in Egypt; its view is that the first step should be the re-organization of the Mixed Tribunals and the transfer to them of the jurisdiction hitherto exercised by the consular courts, leaving the jurisdiction of the native courts untouched for the present.
The Foreign Office states that the draft laws appended hereto were discussed in detail at Alexandria with representatives of the Judges and the Bar of the Mixed Courts, and that many suggestions [Page 221] offered by these gentlemen were incorporated in the draft. It should be noted that the draft in question should not be regarded as final, as the observations or criticisms of all the Judges of the Mixed Courts are understood to have been invited. Furthermore, the British Government reserves to itself the right to introduce any amendments which it feels will conduce to the good administration of justice in Egypt.
The enclosed Note points out that the general effect of these new decrees, when they come into force, will be not merely to re-organize the Mixed Courts, but also to remove the two great obstacles which the régime of the Capitulations has opposed to the good government of the country, viz., immunity from taxation imposed by the local government, and immunity from local legislation.
With reference to the enforcement of local legislation, there is advanced a plan whereby the British High Commissioner shall establish a consultative committee on which foreign colonies in Egypt will be represented in proportion to their numbers. In dealing with the guarantees to foreigners in Egypt, the Foreign Office cites the assurance contained in Article 3 of the draft convention, transmitted under cover of my despatch No. 3117 of July 2, 1920,6 that American citizens shall stand on precisely the same footing as British nationals.
As the Department is aware, the judges of the Mixed Tribunals have in the past been appointed by the Egyptian Government after unofficial discussion with the governments which have adhered to the judicial reforms of 1875. With regard to this question, and with reference to the Department’s telegram No. 637 of June 15 [11], 1920, it may be pointed out that Article 5 of Réglement D’Organisation Judiciaire reads as follows:—
“La nomination et le choix des juges appartiendront au gouvernement égyptien mais, pour être rassuré lui-même sur les garanties que présenteront les personnes dont il fera choix, il s’adressera officieusement aux Ministres de la justice à l’étranger, et n’engagera que les personnes munies de l’acquiescement et de l’autorisation de leur gouvernement.”
In reconstituting the Mixed Courts the British Government contemplates re-appointing all the existing judges (except those whose age qualifies them to retire on a pension) who are subjects or citizens of a power which agrees to close its consular court. As regards future appointments, however, it is asserted that nationality will not be taken into account, except in so far as local conditions may require.
[Page 222]As explained in my previous communications in this relation, the foregoing provision is intended to apply particularly to those powers which have no local colonies or interests in Egypt.
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