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and present it to the Council for its decision. This is because the treatment of these courts must be different from that of the Mixed Courts, as the intention is for the Mixed Courts to continue indefinitely in matters concerning their major jurisdictions.
As for the Consular Courts, their continuation is not in line with the new order, and therefore they must be abolished as agreed upon, after consideration and without delay. If the laws ratified by the Council are to be binding on Europeans, then penalties must be imposed for any of them who violate them. The courts that impose these penalties must do so in accordance with the laws ratified by the Council. In this situation, it is indispensable that consular judgments be made, and they cannot judge according to these laws unless their governments agree. This agreement would only come after the ratification of Parliament or its equivalent in each of the fifteen concerned countries. Thus, the situation would revert to the current difficulties and other disadvantages, and Egypt would be in a weak position regarding legislation. There is no escape from this. Therefore, my concern is not whether the Consular Courts can be maintained, but whether guarantees can be provided to prevent Europeans residing in Egypt from being subject to courts that replace the Consular Courts, ensuring that these new courts administer justice and fairness among people, at least to the same extent. Providing sufficient guarantees is not difficult for me.
However, I do not seek to grant the new Council absolute legislative power, but rather I reiterate the restrictions I proposed to impose on it, which are:
(1) No criminal case shall be brought against any national of the signatory states of the treaty, or against any person whose rights are guaranteed in that case, before a final decision is made by a judge of that nationality or by a court composed of at least three-fifths of members of that nationality.
(2) If I have a specific opinion regarding criminal courts, as for consular courts, that will be discussed elsewhere.
(3) See my last annual report, pages 10-11, where I mentioned other restrictions as well, but they pertain to entering the fields of taxation and the complexities of discussion, which will be addressed soon.
(4) The presence of a small number of Egyptians among the members of these courts would not be without benefit, but it is not essential in my current project. Furthermore, if the jurisdiction is extensive, it would be acceptable to have them participate or to assign jurisdiction to European judges. As for me, I welcome any such proposal.