« PrejšnjaNaprej »
The suzerainty of Turkey over Egypt is thus terminated, and His Majesty's Government will adopt all measures necessary for the defence of Egypt and the protection of its inhabitants and interests.
December 18th, 1914.
BRITISH NOTICE of the Acceptance of the Title of Sultan of Egypt by His Highness Prince Hussein Kamel Pasha. December 19, 1914.*
In view of the action of His Highness Abbas Hilmi Pasha, lately Khedive of Egypt, who has adhered to The King's enemies, His Majesty's Government have seen fit to depose him from the Khediviate, and that high dignity has been offered, with the title of Sultan of Egypt, to His Highness Prince Hussein Kamel Pasha, eldest living Prince of the family of Mahomet Ali, and has been accepted by him.
December 19th, 1914.
BRITISH ORDER IN COUNCIL providing for the Exercise of His Majesty's Jurisdiction in Egypt. London, February 16, 1915.†
At the Court at Buckingham Palace, the 16th day of February,
WHEREAS the jurisdiction which by treaty, capitulation, grant, usage, sufferance, or other lawful means His Majesty the King enjoyed within the Dominions of the Sublime Ottoman Porte has heretofore been exercised in Egypt in
* "London Gazette," December 22, 1914.
accordance with the provisions of "The Ottoman Order in Council, 1910,"* and certain other Orders of His Majesty in Council:
And whereas a state of war has existed between His Majesty and the Sultan of Turkey as from the 5th day of November, 1914:
And whereas the suzerainty of Turkey over Egypt was terminated, and Egypt was placed under the protection of His Majesty, and has constituted a British Protectorate as from the 18th day of December, 1914† :
And whereas on the 9th day of February, 1915, His Highness Prince Hussein Kamel Pasha, Sultan of Egypt, was pleased to issue a Decree in the following terms :
“Nous, Sultan d'Egypte, considérant que les modifications à apporter aux institutions judiciaires et autres, du pays, en vertu du nouveau régime, exigent un examen approfondi dont l'achèvement sera nécessairement retardé par l'état de guerre
"Sur la proposition de notre Conseil des Ministres décrétons:
"ARTICLE 1.-Jusqu'à ce qu'il soit décidé autrement et sous réserve de toute mesure prise par les autorités militaires en vue de l'état de siège, les juridictions d'exception reconnues jusqu'ici en Egypte continueront de jouir des attributions dont elles jouissaient au moment de la cessation de la Souveraineté Ottomane.
"À cet effet il est provisoirement octroyé aux dites juridictions, ainsi qu'aux autorités par l'entremise desquelles elles s'exercent, toute compétence, toutes attributions qu'elles tiraient jusqu'ici des Traités, Firmans, et Berats Ottomans.
"ARTICLE 2.-Nos Ministres sont chargés chacun en ce qui le concerne de l'exécution de la présente Loi."
Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:
1. The limits of this Order are the territories under the Sovereignty of His Highness the Sultan of Egypt, but do not extend to any place south of the 22nd parallel of north latitude. * See Vol. 26, p. 969. † See p. 107.
2. Subject to the provisions of this Order, the Orders in Council set out in the Schedule hereto, and any King's Regulations, Rules of Court, Orders, Rules, Instructions or other enactments made or issued under or in pursuance of any of the said Orders in Council shall, to the extent to which they were formerly in force in Egypt, be in force in Egypt, and His Majesty's jurisdiction in Egypt shall be exercised in accordance therewith; and any provision of the said Orders in Council, King's Regulations, Rules of Court, Orders, Rules, or Instructions or other enactments which was formerly in force in Egypt, shall be read and construed with such alterations and adaptations as may be necessary for the purposes of this Order.
3. The words " High Commissioner for Egypt" shall be substituted for the words "Agent for Egypt," the words "His Majesty's High Commissioner for Egypt for the words "His Majesty's Agent and Consul-General for Egypt,' and the words "Staff of the High Commissioner for Egypt or "High Commissioner for Egypt" for the word "Agency," as the case may require, whenever the said words occur in any of the instruments enforced by Article 1 of this Order in Egypt.
4. The Court established under Article 8 of the Ottoman Order in Council, 1910, shall for the purposes of this Order be styled "His Britannic Majesty's Supreme Court for Egypt," and the Judge and Assistant Judge at present appointed under the said Article shall, without further appointment, be the Judges of the said Court, and any Registrar, Marshal, Officers, Clerks and other Officials at present appointed under Article 12 of the said Order in Council to act in Egypt shall, without further appointment, continue to hold their respective offices under the Court.
5. The Supreme Court shall ordinarily sit at Alexandria. 6. The jurisdiction of all Provincial and Local Courts appointed in Egypt under Articles 17 or 19 of the Ottoman Order in Council, 1910, shall continue, and all persons at present appointed to perform in any of such Courts the duties and to exercise the powers imposed and conferred upon the Registrar and Marshal shall, without further appointment, continue to perform the said duties and to exercise the said powers.
7. For the purposes of this Order, Article 76 (3) of the Ottoman Order in Council, 1910, shall be read and construed
as if the words "The Sublime Ottoman Porte or " and " Sublime Ottoman Porte and its subjects or" were omitted.
8. For the purposes of this Order, the following provision is substituted for Article 77 (1) of the Ottoman Order in Council, 1910:
"If a British subject—
*(i) Publicly derides, mocks, or insults any religion established or observed in Egypt or within the Ottoman Dominions; or
(ii) Publicly offers insult to any religious service, feast, or ceremony established or kept in Egypt, or within the Ottoman Dominions, or to any place of worship, tomb, or sanctuary belonging to, or revered by those professing any religion established or observed in Egypt, or within the Ottoman Dominions, or belonging to the ministers or professors thereof, whether such place of worship, tomb, or sanctuary be in Egypt, within the Ottoman Dominions, or elsewhere; or
(iii) Publicly and wilfully commits any act tending to bring any religion established or observed in Egypt, or within the Ottoman Dominions, or its ceremonies, mode of worship, or observances into hatred, ridicule, or contempt, and thereby to provoke a breach of the public peace;
"he shall, on conviction thereof before the Supreme Court or a Provincial Court, be liable to imprisonment not exceeding two years, with or without hard labour, and with or without a fine not exceeding one hundred pounds, or to a fine alone not exceeding one hundred pounds.
9.- (1) No proceedings which may have been taken in Egypt before any Court established under the Ottoman Order in Council, 1910, previous to the making of this Order shall be questioned upon the ground of any lack of authority on the part of the Court in or before which, or of the Judge or Officer before whom, such proceedings were taken.
(2) Where any proceedings have been commenced in Egypt in any Court established under the Ottoman Order in Council, 1910, and are still pending at the date of this Order, all steps taken in the course of such proceedings shall be deemed to be valid, provided that they would have been valid if taken after the date of this Order.
(3) Any act done by any Judge, Consular Officer, or other person in Egypt before the making of this Order, which would have been valid if done after the making of this Order,
shall be deemed to have been valid, and no action shall be entertained in any Court against such Judge, Officer or person in respect of any such act.
10. This Order shall come into force forthwith.
11. This Order may be cited as "The Egypt Order in Council, 1915."
And the Right Honourable Sir Edward Grey, Baronet, K.G., one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein.
The Ottoman Order in Council, 1910.
The Foreign Jurisdiction (Admiralty) Order in Council, 1910.*
LIST OF WITHDRAWALS from the Additional Articles to the Treaty of Commerce of January 26, 1826,† between Great Britain and France.
November 28, 1912‡
FRENCH DECREE respecting the admission of Foreign Ships of War into French Ports, &c. Paris, May 21, 1913.§
Le Président de la République française,
Vu le décret du 18 octobre 1912 portant application dans les ports, rades et eaux teritoriales françaises, des articles 11, 12, 13, 14, 15, 19 et 23 de la treizième convention de la
† See Vol. 3, page 123.
* See Vol. 26, page 390.