Papers relating to the foreign relations of the United States, 1928, Volume II

883.05/270

The Chargé in Egypt (Winship) to the Secretary of State

Cairo, December 30, 1927.
[Received January 23, 1928.]

No. 150

Sir: I have the honor to refer to my cable of even date and to enclose herewith a copy of a Circular Note, in duplicate, addressed on December 25th to all the Legations in Cairo, containing proposals for the modification of the Mixed Courts, set forth in six points, and accompanied by a proposed new text for Article Twelve of the Code Civile Mixte.

Despatch No. 146, of December 23, last, contemplated this Note, but at that time it was believed that it would not be issued until England had agreed to adhere. Its appearance before the settlement of the Anglo-Egyptian Alliance question, and before The Residency had given its promise to approve the points as presented, is regarded as an indication that the conversations over the Alliance are not going too well, and that this Note was rushed out to divert the attention of Parliament from questions of greater moment.

The fact is that Australia has objected to the proposed terms of the Alliance, as outlined in my despatch No. 127, of November 28, 1927,⁶ on the ground that British ways of communication will be endangered by the withdrawal of troops to the east bank of the Canal, and too much freedom of action will be accorded Egypt. The Wafdists feel that the Alliance proposed does not go far enough in giving them complete independence; they are apparently willing to wait in the hope of gaining more generous terms at a later date.

Egypt, therefore, now seeks an international commission through which to air her grievances against foreign influence, and, in the presence of an international body to try to push through the acceptance of the Six Points proposed in the modification of the Mixed Courts programme, pave the way for a future commission to discuss the revision of the Capitulations, and to eventually abolish the system altogether.

It is understood, already, that in conformity with her present policy England will be more indulgent than the other European Powers in supporting the Egyptian demands,—but the abolition or reorganization of the Capitulatory System is not even to be discussed.

That England is not prepared to accept these Six modifications there is no doubt, in fact I have every reason to believe that the reply to the Circular Note will be made along the following lines, and be presented at the Congress by starting the discussion at this point:—

• Acceptance of points No. 1 and No. 2, with the reservation that all orders of the Procureur Général against foreigners will be carried out by the foreign personnel of the Egyptian Police Department.
• On No. 3 judgment to be reserved for discussion; the present time for this step is regarded as inopportune.
• No. 4 will be accepted with the proviso that should the new Chamber be composed of five instead of three one of the judges shall be British.
• No. 5 to be accepted in so far as to make it possible for an Egyptian to be named President or Vice-President of the Tribunal; the Court in all cases to select and elect the President or Vice President; the Government only nominating.
• As regards No. 6, judgment to be reserved for future discussion.

On these terms England will stand firm, while France, Italy, and Greece will not even go so far. The latter Governments will not only claim that they cannot make a decision in the matter by January 31st, but will also object to a commission with an Egyptian as President. That they will procrastinate as long as possible there is no doubt, but in the end they will agree to attend an international congress limited to the discussion of the Six Points presented.

I at once sent copies of the Note and Annex A to Judge Br in ton, with a request for his comment, and I enclose herewith a copy of his “General Observations” on the subject, forwarded by him direct to the Secretary of State on December 24, 1927, with another letter, dated December 29, 1927, accompanied by a supplementary Memorandum.⁷

Judge Crabites is now in the United States, and should a further discussion be desired, he may be reached through Kidder Peabody & Co., 17 Wall Street, New York.

Here it is thought that such a congress cannot be called by February, but when called England will probably name her Minister here; the Judicial Adviser to the Egyptian Government; and one or more of the senior Judges on the Court of Appeal. The other Powers contemplate naming their respective Diplomatic Representatives and each her senior Judge in the Mixed Courts.

I shall acknowledge the enclosed Circular Note, stating that it has been submitted to my Government but that it is doubtful if the reply can be received before January 31, 1928.

I have [etc.]

North Winship

[Enclosure—Translation⁸]

Printed Circular Note of the Egyptian Minister of Foreign Affairs (Hanna)

Cairo, December [25], 1927.

Sir: The Government of His Majesty the King, desirous of facilitating the settlement of foreigners in Egypt, is still endeavoring to insure the protection of their interests through its own institutions. But the effect of the capitulatory regime is to hamper seriously the activities of the State, not only with respect to foreigners who continue to enjoy privileges in matters of law, taxes and jurisdiction, which are very injurious to the sovereignty of the country, but also with regard to the Egyptians upon whom the Government cannot impose laws or taxes from which foreigners would be exempt. Consequently, His Majesty’s Government is engaged in a forthcoming revision of the capitulatory regime for the purpose of substituting for it an organization, which, while adopting measures necessary for the protection of the interests of foreigners, may be in harmony with modern conceptions and more compatible with the sovereignty of the country, its interests, its evolution and its progress. To that end, it proposes to lay before you in the very near future, its proposals, with a view to reaching an agreement or agreements with the powers on this subject.

Pending this revision, the Egyptian Government, which, for some time past, has been struggling with difficulties of a practical nature flowing from the fact that certain provisions of the Règlement d’Organisation Judiciaire⁹ of the Mixed Courts and of article 12 of the Mixed Civil Code¹⁰ no longer harmonize with the constitutional regime of the country or its evolution or the requirements of a good and sound administration of justice, regards it as necessary to have an agreement or agreements between itself and the powers whereby some amendments would be made in those provisions relative to the promulgation of laws concerning capitulatory foreigners and the repression of certain classes of offenses committed by those foreigners.

The amendments would bear on the following points:

(1) Revision of the provisions of article 12 of the Mixed Civil Code.

(2) Extension of the criminal jurisdiction of the Mixed Courts in police cases to new categories of offenses.

(3) Suppression of the assessors (associate lay judges) of the Misdemeanor Court (Tribunal Correctionnel).

(4) Creation in the Mixed Court of Appeals of a chamber consisting of three judges for the sole purpose of trying appeals in possessory cases and cases in chambers.

(5) Revision of the provisions relative to the appointment of magistrates who hold the office of Presidents in the Court of Appeals and in the District Courts.

(6) Suppression of the provision under which the magistrates of the Mixed Courts may not receive badges of honor from the Egyptian Government.

(1) Modification of article 12 of the Mixed Civil Code

Article 12 of the Mixed Civil Code permits Egypt to legislate, in matters which are under the jurisdiction of the Mixed Courts and with regard to foreigners who are under the jurisdiction of these Courts, with the collaboration of the general assembly of the Mixed Court of Appeals to which are added judges of powers not represented on the Court.

The present wording of article 12 was adopted in 1911 as the result of an international conference called by the Egyptian Government.

It provides that the laws approved by the general assembly of the Court can only be promulgated three months after the deliberation of the assembly, this being done in order to make it possible for the powers that should not concur in the deliberation of the assembly to request another deliberation before that time expires.

Now the observance of this three months’ waiting period is inconsistent with the provision in the Egyptian Constitution (article 35), which requires that laws be promulgated within one month after they have been passed by the Parliament. It is easy to see, indeed, that if a law is passed by the Parliament before receiving the approval of the Mixed Court, the Government will be compelled to promulgate it without complying with the three-month limit provided by article 12. If, on the contrary, a bill is approved by the Mixed Court before being passed by the Parliament, the introduction of amendments in the bill by the Parliament will suffice to make it necessary for the Court again to deliberate, and the same situation will be created as if the Court had had the last say.

Under present conditions, it is therefore no longer possible in practice to maintain in the wording of article 12 the provision relative to the time limit for promulgation and the right given to the powers to ask for another deliberation.

It appears, anyway, that this right, which might be conceived as a useful precautionary measure as long as the organ created in 1911 by the new article 12 should not have been tried out, may now be dispensed with without any trouble. For as a matter of fact, since 1911 more than thirty bills have been brought before the assembly of the Court without any of the powers ever availing itself of that right.

The present article 12 also provides that when the bill approved by the Court is not promulgated within three months from the day on which it could have been promulgated, that is to say, six months after the deliberation, it will be deemed to have been abandoned, and cannot be promulgated except upon another deliberation. This maximum time limit of six months was sufficient when it was in the discretion of the Government only to promulgate a draft law. But at this time the legislative power is wielded by the Parliament, and there will likely occur cases in which a bill first approved by the Mixed Court cannot be passed afterwards by the two chambers of Parliament in the six months’ limit. The maximum time should be made one year.

The Government of His Majesty the King, therefore, proposes to have the text of article 12 of the Mixed Civil Code amended in accordance with the language given in annex A. The proposed amendments do not change in their essence the provisions in article 12. They affect neither the principle of cooperation in the legislative work of an assembly of magistrates, nor the composition of that assembly where all the powers that have adhered to the judiciary reform (among which those who, as a consequence of the 1914–1918 war, relinquished their capitulatory privileges are no longer to be included) are to be represented, nor the quorum of fifteen members and two-thirds vote required for the deliberations, nor, finally, the reservation that the Règlement d’Organisation Judiciaire remains outside of jurisdiction of the assembly. These amendments are only intended to bring the provisions of article 12 into harmony with the normal operation of the Egyptian constitutional regime.

(2) Extension of the criminal jurisdiction of the Mixed Courts in misdemeanor cases to new categories of offenses

On March 21, 1925, the Egyptian Government with the approval of the legislative assembly of the Mixed Court of Appeals passed a law to regulate the traffic in and repress the use of narcotics. This law provides penalties of the grade applying to misdemeanors (peines correctionnelles) for delinquents who come under the jurisdiction of the Native Courts, and penalties of the grade of simple police offenses for delinquents who are under the jurisdiction of the Mixed Courts. The reason for this difference is that at the present time the Mixed Courts are competent, so far as misdemeanors are concerned (en matière correctionnelle), only with regard to a few offenses enumerated in article 6, title II of the Règlement d’Organisation Judiciaire.

When called upon to take up the bill under consideration, the assembly of the Mixed Court of Appeals was in favor of an eventual extension of the criminal competence of the mixed jurisdiction in this regard. Since the law was put into operation, the captains of police of Cairo and Alexandria have repeatedly pointed out the necessity, in order to achieve repression of the traffic in narcotics, of providing that foreigners can be arraigned before the courts of the country and placed under the same penalties as Egyptians.

Finally, Mr. Van Den Bosch, Procureur General of the Mixed Court of Appeals, sent to the Minister of Justice a letter dated January 28, 1927, in which he declared that effective repression of the traffic in narcotics could only be secured when the police penalties provided by the law apply to all offenders regardless of their nationality.

The extension of the penal jurisdiction of the Mixed Courts to offenses coming under the law concerning the traffic in narcotics presents itself, therefore, as a measure which may safely be styled as one of public safety; but the Government of His Majesty the King considers that the jurisdiction of these courts over misdemeanors (en matière correctionnelle) should be extended also to several other offenses which are at present only liable to simple police penalties, as well as to certain breaches of public morals and certain commercial frauds which, are not yet punishable under our existing legislation.

These offenses are as follows:

(1) Pandering and the traffic in women and children, obscene or indecent publications, songs, or shows.

(2) Adulteration of foods, medicines, chemical or natural fertilizers, selling or offering for sale such products when they are known to be adulterated.

(3) Deceiving the purchaser as to the quantity or quality of the merchandise by means of false weights, measures or commercial names, selling, offering for sale or bringing into the country merchandise given a false commercial name.

(4) Having and managing establishments where the public are allowed to indulge in games of chance, and organizing public lotteries without a regular permit.

Some of these infractions have to do with the protection of public morals and good order in public establishments which it is the duty of the police to insure. The others which aim at commercial frauds practiced either on the purchaser or on other merchants, are closely connected with matters relative to commercial sales and unfair competition which come within the jurisdiction of the Mixed Courts. The Egyptian Government has often been asked by the Chambers of Commerce to issue repressive measures against commercial frauds. The fact that adequate penal sanctions could not be applied against foreigners has been one of the principal reasons why the Government has refrained thus far from enacting such legislation.

Quite a number of the offenses here considered have been made the subject of international concern or even conventions. Under these conditions the proposition to confer upon the Mixed Courts penal jurisdiction over these offenses by means of the penalties applicable to misdemeanors (peines correctionnelles) is fully justified. In order to extend the penal jurisdiction of the Mixed Courts in correctionnelle matters to the above-named offenses, it would be necessary to add a provision to article 6, title II of the Règlement d’Organisation Judiciaire which now determines the limits of that jurisdiction. The text of article 6 has consequently been changed, following the wording proposed in annex B.

Feeling sure that its proposition will be well received, the Egyptian Government has already worked out the bills which it expects later to lay before the Parliament and the Assembly of the Mixed Court of Appeals with a view to repressing the offenses which thereafter will be brought before them.

(3) Discontinuance of judges assessors in the Misdemeanor Court

This measure was requested by the Mixed Court of Appeals in a letter addressed to the Minister of Justice on December 15, 1926. The general assemblies of the three tribunals of the first instance had already declared themselves unanimously in favor thereof.

The court points out the fact that the obligation now required by the Règlement d’Organisation Judiciaire that the Police Court be made up with the assistance of assessors (associate lay judges), one-half of whom must belong to the nationality of the accused, gives rise to very serious difficulties. One of these difficulties to which attention has been called by the Court is that of language. The assessors very often are not sufficiently acquainted with the language in which the trial is conducted to be able to follow the case. When it comes to discussion, it becomes necessary to give them explanations so as to enable them to express an opinion. An opinion given under these conditions cannot be very valuable. On the other hand, the assessors, who are notables of the several colonies and most of them engaged in exacting occupations, find it difficult regularly to attend the hearings and wait for the case on which they must sit to take its turn. The consequence is that cases are continued again and again. Finally, the obligation to change the assessors according to the nationality of the accused is the cause of recesses continually being taken in the sitting, in order to change the composition of the court. All of which is very injurious to the normal dispatch of legal business and the proper administration of justice.

Consequently, the Government of His Majesty the King proposes the amendment of article 3, title 2 of the Règlement d’Organisation Judiciaire, and the suppression of the word “assessors” in articles 4 and 5 of the same title, according to the provisions of annex C.

(4) Creation in the Court of a chamber consisting of three justices

Article 3 of the Règlement d’Organisation Judiciaire provides that the judgments of the Court of Appeals shall be handed down by five justices, of whom three are to be foreigners and two Egyptians.

The Mixed Court of Appeals recently wrote to the Minister of Justice to bring to his attention the clogging of the calendars and to ask him to call upon the Government of His Majesty the King for an increase in the number of justices.

The Government, after a thorough examination of the situation, reached the conclusion that the labors of the Court would be very perceptibly lightened and facilitated if it were possible to amend the aforementioned article 3 of the Règlement d’Organisation Judiciaire by providing that the judgments could be handed down by only three justices, two foreigners and one Egyptian, in cases on appeal which had been tried in the first instance by one magistrate only, that is to say, in cases in chambers and possessory cases.

This proposal is self-explanatory. Three magistrates seems to be sufficient since in the first instance the cases are considered by one judge only. Furthermore, in these two classes of cases, it is always a question of ordering provisional measures which leave the merits of the case intact.

The Court of Appeals upon being asked for its opinion gave it in favor of the proposition.

With a chamber thus composed, the present calendars of the three chambers of the Court would be relieved of about 7 percent of the cases, which, to a certain extent, would eliminate the clogging of which the Court is now complaining. On the other hand, the new justices who would sit in that new chamber, having little to do on account of the small number of cases that would be brought before them, would be available to act in the other chambers for justices who are sick or absent, and thus take an effective part in the work.

The Government of His Majesty the King, therefore, proposes to add to article 3 of the Règlement d’Organisation Judiciaire a provision directing that the judgments of the court shall be handed down by three justices in the cases above referred to in accordance with the provisions of annex D.

(5) Revision of the provisions relative to the designation of magistrates who discharge the duties of presidents in the Court of Appeals and in the tribunals

Articles 2 and 3 of the Règlement d’Organisation Judiciaire provide that the tribunals and the Court of Appeals shall be presided over by foreign judges who will be styled vice presidents. These magistrates are elected for a 1-year term by the general assembly of the Court. The Règlement Général Judiciaire¹¹ which under article 37 of the Règlement d’Organisation Judiciaire are drawn up by the Court, makes it clear, on the other hand, that the magistrates bearing the title of presidents of the Court of Appeals and of the District Courts, and who are appointed by the Egyptian Government, are but honorary presidents without any jurisdiction or administrative powers. (See articles 7 and 20 of the Règlement Général Judiciaire.)

The Règlement Général Judiciaire further provides that the vice presidents of the Court of Appeals and of the District Courts, who are the effective presidents, have deputies who are also foreigners, who like themselves, are elected for only 1 year by the assembly of the Court. (Articles 8, 9, 10, and 21 of the Règlement Général Judiciaire.)

There could have been some ground for such provisions in the early years of the reform when there might have been some difficulty in finding Egyptian magistrates with sufficient experience in conducting a court to take up the role of presidents or vice presidents respecting foreign colleagues. But at this time, regular tribunals have been functioning in Egypt for fifty years and experienced magistrates have been trained in the country. One can see no reason why they should labor under a sort of legal incapacity which wounds their dignity, and for such there is no longer any justification.

On the other hand the obligation put upon the vice presidents and substitutes of vice presidents to present themselves every year for reelection by their colleagues impairs their freedom of action and forces upon them compromises that are often detrimental to the good of the service.

Therefore the Government proposes the following changes in the provisions under consideration:

(1) The office of honorary president which is reserved for Egyptian magistrates shall be discontinued.

(2) The actual presidents and also the vice presidents will continue to be named by the Court by election in the same manner as is now practiced; but they shall be appointed to their offices by decree, and for a term of three years.

(3) One of these magistrates should be a foreigner and the other an Egyptian so that if the president is a foreigner, the vice president must De an Egyptian, and, vice versa, if the president is an Egyptian, the vice president must be a foreigner.

In order to make these changes in the Règlement d’Organisation Judiciaire, it would be advisable to amend articles 2 and 3 of title I and add an article 3bis, in accordance with the provisions of annex E.

When the Règlement d’Organisation Judiciaire has been so modified, the Egyptian Government will ask the Court to amend in the same sense the corresponding provisions in the Règlement General Judiciaire.

The Government of His Majesty the King deems it proper to call attention to the fact that the amendments it has the honor now to propose, on the one hand, do not in any way infringe upon the independence of the magistrates who are called upon to preside over the Court of Appeals and the District Courts and who shall continue to be solely named by the vote of their colleagues, and, on the other hand, make no change in the character of the institution, which is that of a mixed jurisdiction, that is to say, one composed of foreign and Egyptian magistrates. Quite to the contrary, that mixed character will be better assured when the functions of president and vice president, instead of being—as they are today—held by foreign magistrates only, shall be divided among them and their Egyptian colleagues.

(6) Striking out article 22 of the Règlement d’Organisation Judiciaire which provides that the magistrates of the Mixed Courts cannot be given any decorations or badges of honor by the Egyptian Government.

This provision was intended to safeguard the independence of the judges on the Mixed Courts. But it cannot be admitted that the independence of the judges, at the present time, might be affected by badges of honor.

The conscience of the magistrates themselves, the manner in which these distinctions are conferred, and the attitude that the Egyptian Government has always maintained towards the magistrates remove any apprehension on that score.

It is therefore proposed to strike out the said article 22.

These are the propositions which the Government of His Majesty the King has the honor to submit to the governments that have adhered to the institution of mixed jurisdiction and to which it is still bound in that respect. It is satisfied that they are all in the interest of a good administration of justice and to the advantage of the institution itself. The needs of the moment make some of these propositions particularly urgent.

I should therefore be thankful to you, Mr. . . . . . . . . . . . . . . if you would kindly lend your good offices with the Government of . . . . . . . . . . . . . . to secure its adhesion to the bills annexed to this note. Should your Government have any remarks to offer concerning any provisions in the bills, there would be occasion to have them examined by an international commission which would meet at Cairo with a member of the Government of His Majesty for its president and would consist of representatives of the states concerned.

As the adoption of the above-mentioned proposition might involve changes in the budget appropriations which are to be voted in April, it might be well to have the additions reach the Government of His Majesty before January 31, 1928, and, in case it would become necessary to call a meeting of the international commission, to have it meet in the first half of the month of February.

You will therefore, Mr. . . . . . . . . . . . . . . kindly let me have before January 31, 1928 the adhesion of your Government to the bills hereto annexed or the name of the representative, if any, who would be given the needful powers to discuss the said questions and adopt the said bills so as to make it possible to call the commission together in February and to have its labors completed in time to have the necessary appropriations voted.

Be pleased to accept, Mr. . . . . . . . . . . . . . . the assurances of my high consideration.

Marcos Hanna

annex a

Mixed Civil Code

Article 12

Text	Proposed Text
The additions to and modifications of the mixed legislation shall be ordered on the initiative of the Ministry of Justice as a consequence of and in conformity with a resolution of the general assembly of the Mixed Court of Appeals to which the ranking judge of every nationality whose Government has adhered to the judiciary reform of 1875, and which is not represented by a justice in the Court, shall be invited.	The additions to and modifications of the mixed legislation shall be ordered on the initiative of the Ministry of Justice as a consequence of and in conformity to a resolution of the general assembly of the Mixed Court of Appeals to which the ranking judge of every nationality which is not represented by an associate judge in the Court and the Government of which has adhered to the judiciary reform of 1875 and has not foregone its rights in the matter, shall be invited.
The assembly will have a quorum only when not less than fifteen of the members are present.	The assembly will have a quorum only when not less than fifteen of the members are present.
Every justice on the assembly of the Court of Appeals who is found to be absent or incapacitated by virtue of an internal regulation to be framed by the general assembly of the Court at an ordinary session, shall be replaced by the ranking judge of the same nationality. The ranking judge absent or incapacitated under the same conditions will be replaced by the judge next in order of the same nationality.	Every justice of the Court of Appeals who is found to be absent or incapacitated by virtue of an internal regulation to be framed by the general assembly of the Court at an ordinary session, shall be replaced by the ranking judge of the District Court of the same nationality. The ranking judge absent or incapacitated under the same conditions will be replaced by the judge next in order of the same nationality.
The resolution must be arrived at by a two-thirds vote of the members present.	Resolutions shall be adopted by a two-thirds vote of the members present.
The draft laws thus approved can only be promulgated three months after their approval.	Laws promulgated in accordance with resolutions arrived at as above stated, shall be operative without any other formality.
On the request of one or more powers formulated during that time limit, they shall, when the said time limit expires, be taken up for another deliberation. Following this second deliberation, the draft law which shall have received the required majority vote may be promulgated without further formality or delay.	Failing promulgation within one year from the date of the approval of the assembly as provided in this article, the draft law shall be regarded as having been abandoned and cannot be again brought up except by conforming anew to the provisions of this article.
The general assembly of the Court at an ordinary session may lay before the Ministry of Justice proposals for reform in matters of mixed legislation.	No modification of or addition to the Règlement d’Organisation Judiciaire may be made by virtue of this article.
However, no modification of or addition to the Règlement d’Organisation Judiciaire may be made by virtue of this article.	The general assembly of the Court at an ordinary session may lay before the Ministry of Justice proposals for reform in matters of mixed legislation.
Laws so prepared shall come into force simply through publication in the Journal Officiel.
Unless published within three months from the time when the publication might take place, the draft law shall be regarded as abandoned, and shall not be resumed except by again conforming to the provisions of this article.

annex b

Règlement d’Organisation Judiciaire

Title II

Article 6

Present Text	Proposed Text
The Mixed Tribunals shall have jurisdiction over:	The Mixed Tribunals shall have jurisdiction over:
(1) Prosecutions for police offenses committed by foreigners.	(1) Prosecutions for police offenses committed by foreigners.
	(2) Actions against foreigners, subject to the jurisdiction of the Mixed Courts in cases of police offenses at the date of promulgation of the present law, when they are charged as principals or accessories with a delict coming under the laws relative to the traffic in narcotics; procuring and trafficking, in women and children; obscene or indecent publications, songs or public shows; the adulteration of food stuffs, medicines, fertilizers (chemical and natural); the sale and offering for sale of such adulterated products; commercial frauds or delicts coming under chapter XII, title III of the Penal Code relative to gambling and lotteries.
	When the prosecutions here considered are taken at one and the same time against foreigners coming under the jurisdiction of the Mixed Courts, and against other foreigners or Egyptians, such actions shall be brought against all the accused principals or accessories before the mixed jurisdiction.
(2) Actions brought against the principals or accessories of delicts coming under chapter IX, title III of the Penal Code in cases of mixed bankruptcies.	(3) Actions brought against the principals or accessories of delicts coming under chapter IX, title III, of the Penal Code in cases of mixed bankruptcies.
(3) Actions brought against the principals and accessories of the following crimes and delicts:	(4) Actions brought against the principals and accessories of the following crimes and delicts:

annex c

Règlement d’Organisation Judiciaire

Title II.—Chapter 1

Article 3

Present Text	Proposed Text
The Misdemeanor Court (Tribunal Correctionnel) shall be composed of three judges of the District Court, including one native and two foreigners, and of four foreign assessors if the accused is a foreigner.	The Misdemeanor Court (Tribunal Correctionnel) shall consist of three judges of the District Court, including one Egyptian and two foreigners.
If the accused is a native, or if action is brought against foreigners and natives, one half of the assessors shall be natives.

Article 4

Present Text	Proposed Text
The Court of Assizes shall be composed of three justices of the Court of Appeals—one native and two foreigners.	The Court of Assizes shall consist of three justices of the Court of Appeals—one native and two foreigners.
The twelve jurymen shall be foreigners, if the accused is a foreigner. If the accused is a native, or if the action is taken against foreigners and natives, one half of the jurymen shall be natives.	The twelve jurymen shall be foreigners, if the accused is a foreigner. If the accused is a native, or if the action is taken against foreigners and natives, one half of the jurymen shall be natives.
One half of the assessors and jurymen shall belong to the nationality of the accused foreigner, if he so requests. In cases where the list of jurymen or assessors of the same nationality as the accused should be insufficient, he shall designate the nationality from which they should be chosen in order to make up the required number.	One half of the jurymen shall belong to the nationality of the accused foreigner, if he so requests. In cases where the list of jurymen of the same nationality as the accused should be insufficient he shall designate the nationality from which they should be chosen in order to make up the required number.

Article 5

Present Text	Proposed Text
When there are several accused, each one of them shall have the right to ask for an equal number of assessors or jurymen of his nationality without, however, increasing the number of assessors or jurymen and subject to determining by lot which of the accused parties may not exercise that right by reason of the said number.	When there are several accused, each one of them shall have the right to ask for an equal number of jurymen and subject to determining by lot which of the accused parties may not exercise that right by reason of the said number.

annex d

Règlement d’Organisation Judiciaire

Title I.—Chapter 1

Article 3

Present Text	Proposed Text
There shall be at Alexandria a Court of Appeals composed of eleven magistrates—four natives and seven foreigners.	There shall be a Court of Appeals that may have its seat either at Alexandria or Cairo and which shall consist of not less than eleven magistrates—four Egyptians and seven foreigners.
One of the foreign justices shall preside and have the title of vice president. He shall be elected by an absolute majority of the foreign and native members of the Court.
The judgments of the Court of Appeals shall be handed down by five justices, of whom three shall be foreigners and two natives.	The judgments of the Court of Appeals shall be handed down by five justices, of whom three shall be foreigners and two Egyptians, except in cases of appeals from judgments of the Tribunal of Summary Jurisdiction in possessory actions and replevin or of orders issued by the Tribunal of Reference.
	In the above-mentioned cases the judgments shall be handed down by three justices—two foreigners and one Egyptian.

annex e

Règlement d’Organisation Judiciaire

Title I.—Chapter 1

Article 2

Present Text	Proposed Text
Each of these Courts12 shall be composed of seven judges—four foreigners and three natives.	Each of these Courts shall be composed of seven judges at least—four foreigners and three Egyptians.
Judgments shall be given by three judges, of whom two shall be foreigners and one a native.	Judgments shall be given by three judges of whom two shall be foreigners and one Egyptian.
One of the foreign judges shall preside, with the title of vice president. He shall be selected by the majority of the foreign and native members of the Court of Appeals, from an alphabetical list, made up by the general assembly of each District Court, and including five candidates at Alexandria and Cairo and three candidates at Mansourah.
In commercial cases, the District Court shall call on two merchants to assist them, one native and one foreigner, in an advisory capacity and chosen by election.	In commercial cases the District Courts shall call on two merchants to assist them, one Egyptian and one foreigner in an advisory capacity and chosen by election.

Article 3

Present Text	Proposed Text
There shall be at Alexandria a Court of Appeals composed of eleven justices—four natives and seven foreigners.	There shall be a Court of Appeals which may have its seat either at Alexandria or at Cairo, and which shall consist of not less than eleven magistrates—four Egyptians and seven foreigners.
One of the foreign justices shall preside, with the title of vice president. He shall be designated by an absolute majority of both the foreign and native members of the Court.
The judgments of the Court of Appeals shall be rendered by five justices, of whom three shall be foreigners and two natives.	The judgments of the Court of Appeals shall be rendered by five justices of whom three shall be foreigners and two Egyptians, except in cases of appeals from judgments of the Tribunal of Summary Jurisdiction in possessory actions and replevin and orders issued by the Tribunal of Reference.
	In the cases above mentioned the judgments shall be handed down by three justices—two foreigners and one Egyptian.

Article 3 (bis)

Present Text	Proposed Text
	The president and vice president of the Court of Appeals and of each one of the District Courts shall be appointed for a term of three years by royal decree on the motion of the Minister of Justice as a consequence of and in conformity with a nomination made by the general assembly of the Court of Appeals. The nomination will be made by an absolute majority vote of the foreign and Egyptian members of the Court. The Règlement Général Judiciaire shall determine in what manner the vote shall be taken.
	In each one of the District Courts and in the Court of Appeals, one of the magistrates nominated for the office of president or vice president shall be an Egyptian and the other a foreigner so that if the magistrate nominated for president is an Egyptian the vice president must be a foreigner or vice versa, if the magistrate for president is a foreigner the vice president must be an Egyptian.

6. Not printed.
7. None printed.
8. File translation revised.
9. Regulations regarding the judicial organization of the Mixed Courts, constituting a charter or statute similar in essence to a treaty. See Brinton, The Mixed Courts of Egypt (New Haven, Yale University Press, 1930), p. 36, note 4. For English translation, see ibid., pp. 370–382.
10. For English translation, see annex A, infra; for French texts, see Umberto Pace, Les Codes Mixtes d’ Egypte (Alexandrie, 1932), pp. 22–23; and Brinton, The Mixed Courts of Egypt, pp. 384–385.
11. For the nature of this statute governing the internal organization and personnel of the Mixed Courts, see Brinton, The Mixed Courts of Egypt, 1930, p: 241.
12. Article 1 provides for the establishment of three Courts of First Instance or District Courts, located respectively at Alexandria, Cairo, and Mansourah.