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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa

Egypt,   pp. 615-678 PDF (24.1 MB)

Page 633

783.003/194: Telegram
     The M/inister in Egypt (Fish) to the Secretary of State
                                     CAIRO, March 26, 1937-3 p. in.
                                             [Received 4: 17 p. m.]
  34. Department's 30, March 23 [294], 6 p. m.23 The British Embassy
handed me yesterday afternoon a draft in French of the proposals
relative to the Mixed Courts which the Egyptians will submit to the
conference for inclusion in the general convention to be signed there
and a complete draft in French of the new charter of the Mixed Courts.
The convention proposals included:
  (1) the transitional period to begin on October 15, 1937, and to end
on October 14, 1949;
  (2) the number of judges of the various Mixed Courts will be speci-
fied at the conference but may be subsequently changed with the con-
sent of the Court of Appeals;
  (3) foreign vacancies in the Court of Appeals will be filled
throughout the transitional period by foreign judges from the Courts
of First Instance but all vacancies in the Courts of First Instance will
be filled by Egyptians, although the number of foreign judges in each
Court of First Instance must always be not less than one third of the
judges of that court;
  (4) no distinction based on nationality shall be made in the com-
position of the chambers or the presidencies of any of the courts;
  (5) the Procurer General and one assistant must be foreigners;
  (6) the Procurer General shall have supervision of all prisons for
  (7) personnel of the Mixed Courts and Mixed Parquet in the service
on October 14, 1937 shall be retained.
  All vacancies in the Mixed Courts will be filled by Egypt acting
  Important changes proposed in the charter of the Mixed Courts
are as follows:
  (1) decisions shall be rendered in Arabic or any other judicial
language, English, French, or Italian;
  (2) the wNirord foreign is defined as in Egyptian note of February 3;
  (3) personal status matters shall come within the competence of the
Mixed Courts;
  (4) the National Courts may exercise jurisdiction over all who ex-
pressly or tacitly consent thereto;
  (5) mixed interests do not in general give competence to the Mixed
  (6) Egyptian corporations with serious foreign interests shall be
subject to the Mixed Courts unless they have accepted the jurisdiction
of the National Courts;
  (7) the Mixed Courts shall have competence in bankruptcy cases
if one of the creditors is a foreigner;
3 Not printed.
     9826095 4---41

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