TNAG-1238-FCO40-1551-Future-of-Hong-Kong-1983 — Page 166

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THE SUDAN

Whereas certain provinces in the Sudan which were in rebellion against the authority of His Highness the Khedive have now been reconquered by the joint military and finan- cial efforts of Her Britannic Majesty's Government and the Government of His Highness the Khedive;

And whereas it has become necessary to decide upon a system for the administration of and for the making of laws for the said reconquered provinces, under which due allow- ance may be made for the backward and unsettled condition of large portions thereof, and for the varying requirements of different localities;

And whereas it is desired to give effect to the claims which have accrued to Her Britannic Majesty's Government, by right of conquest, to share in the present settlement and future working and development of the said system of ad- ministration and legislation;

And whereas it is conceived that for many purposes Wadi Halfa and Suakin may be most effectively administered in conjunction with the reconquered provinces to which they are respectively adjacent;

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Now, it is hereby agreed and declared by and between the undersigned, duly authorised for that purpose, as follows:-

Article I

The word 'Sudan' in this agreement means all the terri- tories south of the 22nd parallel of latitude, which

1. Have never been evacuated by Egyptian troops since the year 1882; or

2. Which, having before the late rebellion in the Sudan been administered by the Government of His Highness the Khe- dive, were temporarily lost to Egypt, and have been recon- quered by Her Majesty's Government and the Egyptian Government, acting in concert; or

3. Which may hereafter be reconquered by the two Govern- ments acting in concert.

Article II

The British and Egyptian flags shall be used together, both on land and water, throughout the Sudan [except in the. town of Suakin, in which locality the Egyptian flag alone shall be used].*

*

The

in square brackets was cancelled by a subsequent passage convention concluded on the 10th July, 1899.

THE CONDOMINIUM AGREEMENTS OF 1899

Article III

The supreme military and civil command of the Sudan shall be vested in one officer, termed the 'Governor-General of the Sudan'. He shall be appointed by Khedivial Decree on the recommendation of Her Britannic Majesty's Government, and shall be removed only by Khedivial Decree, with the consent of Her Britannic Majesty's Government.

Article IV

Laws, as also orders and regulations with the full force of law, for the good government of the Sudan, and for regulat- ing the holding, disposal, and devolution of property of every kind therein situate, may from time to time be made, altered, or abrogated by Proclamation of the Governor-General. Such laws, orders and regulations may apply to the whole or any named part of the Sudan, and may, either explicitly or by necessary implication, alter or abrogate any existing law or regulation.

All such Proclamations shall be forthwith notified to Her Britannic Majesty's Agent and Consul-General in Cairo, and to the President of the Council of Ministers of His Highness. the Khedive.

Article V

No Egyptian law, decree, ministerial arreté, or other enact- ment hereafter to be made or promulgated shall apply to the Sudan or any part thereof, save in so far as the same shall be applied by Proclamation of the Governor-General in manner hereinbefore provided.

Article VI ·

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In the definition by Proclamation of the conditions under which Europeans, of whatever nationality, shall be at liberty to trade with or reside in the Sudan, or to hold property within its limits, no special privileges shall be accorded to the subjects of any one or more Power.

Article VII

Import duties on entering the Sudan shall not be payable on goods coming from Egyptian territory. Such duties may, however, be levied on goods coming from elsewhere than Egyptian territory, but in the case of goods entering the Sudan at Suakin, or any other port on the Red Sea littoral,