LAW IN EGYPT

Evening Post, Volume CXXIII, Issue 85, 12 April 1937, Page 10

LAW IN EGYPT

CAPITULATORY COURTS

ABOLITION CONFERENCE

(British Official Wireless.) | (Received April 12, 2.30 p.m.) RUGBY, April 11. The Montreux Conference, at which representatives 'of Egypt- will meet delegates :of eleven capitulatory Powers to negotiate for,the abrogation of capitulations and to devise a scheme by which the.mixed courts,..on which Egyptian ar.d- capitulatory ■■■ Governments are represented, will: extend their present jurisdiction to cases now dealt with by Consular Courts, and to fix the. term of this transitional regime,' will open on Monday.

The conference has • been convened by the Egyptian Government in, accordance with the Anglo-Egyptian Treaty, and the Egyptian delegation is headed by Mustapha Pasha Nahas. Captain: Euan Wallace, ""Secretary of the Department of Overseas Trade, will lead the British, delegation. ;

"The Times," discussing capitulations in a leading article, says that even if every Consular Court were above criticism maintenance of its capitulatory jurisdiction would deprive Egypt, now an independent and pro^ gressive country, of one of the most essential attributes of sovereignty.

Referring to Mixed Courts, "The Times" recalls that proposals by the Egyptian Government for their , extension and modification have been submitted to th 9 capitulatory Powers. The British arid Egyptian are believed to have reached some measure of agreement on this head, but the attitude of the other; Powers is. uncertain and, though none of them is at all likely 'to oppose the abolition of capitulations, details of the transitional scheme are expected1 to be the subject of some hard bargaining.

"When this difficult problem has been solved," says "The Times," "another and more agreeable task awaits the Egyptians at Geneva, where their country's application for membership of the. League of. Nations is.^ assured under Article 111 of the Treaty of London of ■ the full support of the British Government." •■' ■■

Recently the Egyptian Government dispatched proposal to the capitulatory Pov.f.rs in anticipation, of a conference on the subject of capitulations at Montreux on April 12. Under the capitulations (1) law courts known, as the Tribunaux Mixtes exist. , They adjudicate in civil and commercial suits and disputes concerning ownership of land as between Europeans,.Europeans and Egyptians, Europeans of different nationalities, and Europeans and the Egyptian Government. (2) Consular Courts applying their own national laws, adjudicate upon criminal charges against their own, nationals and suits' of succession. (3) Egyptian police may not violate the domicile of any foreigner without consular authority. (4) The Egyptian Government, must obtain the consent of the capitulatory Powers for any direct taxation on foreigners. The measures were granted by Turkey to encourage business men of other nations to settle in the Ottoman dominions under stable conditions. Egypt was then a Turkish province. Turkey abolished these concessions after the World War but by that time Egypt was no longer even a nominal part of her dominions. In the Anglo-Egyptian Treaty signed last year his Majesty's Government recognised the fact that the cspitulatory regime is no longer in accord with the times and promised to support Egypt in her approaches to other Powers in the matter.