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As for the second issue, which is that the Council be granted jurisdiction over all judicial courts competent to hear personal status cases, it is said that a foreign court can only rule according to the original law of personal status, just as nations rule according to their own laws. For example, an English court can rule between individuals regarding movable property left by a man residing in France. And I would not be mistaken if I said that the lack of jurisdiction of the local court to hear a personal status case that arises incidentally in the course of another case often causes it much hardship and trouble. Therefore, granting all local courts jurisdiction to hear personal status cases in such special circumstances is consistent with what is practiced in some countries, at least, and is sometimes beneficial as well. However, despite all this, I would like to limit this change. It is not unlikely that after the desired Council is established and after years of experience with the judicial courts it establishes, it will be competent to hear cases according to the provisions of international law.
As for now, my opinion is that the original law applied in personal status cases shall remain in all essential matters the law of the nation to which the parties to the case belong, as is currently the case. Also, the jurisdiction to hear and decide these cases shall remain with the consular courts. And as long as the subjects of the civilized government have their personal status cases heard in their own special courts, it remains incumbent upon the appointed Europeans in Egypt that their consular courts continue to rule in their personal status cases.
Furthermore, I do not know if there are any other exceptional cases besides those for which I mentioned Articles 217-220 of the Civil Code were enacted, granting the various governors the authority to rule in them. If there are other cases where the governor's authority remains unexercised, and the Council is prevented from changing any of those articles.
(L) Composition of the Council
In what follows, I have limited myself to a brief explanation of the project whose nature I clarified in my last annual report, and I wished to examine it in its most important aspects. I now intend to investigate its most difficult and complex part, which is the composition of the Council.
It appears that many acknowledge the urgent need for a local body to enact laws applicable to Europeans. However, I have found that all those who agree with this condition their agreement with a reservation.