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the competent International or Siamese Court, whether the cause of action arose before or after the date of ratification.
(b.) All cases pending in His Britannic Majesty’s Courts in Siam on the date of the ratification of this Treaty shall take their usual course in such Courts and in any Appeal Court until such cases have been finally disposed of, and the jurisdiction of His Britannic Majesty’s Courts shall remain in full force for this purpose.
The execution of the judgment rendered in any such pending case shall be carried out by the International Courts.
In witness whereof the respective Plenipotentiaries have signed the present Protocol and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, 1909.
(L.S.)RALPH PAGET.
(L.S.)DEVAWONGSE VAROPRAKAR.
Annex 3.
Mr. Paget to Prince Devawongse.
In view of the position of British possessions in the Malay Peninsula and of the contiguity of the Siamese Malay provinces with British-protected territory, His Majesty’s Government are desirous of receiving an assurance that the Siamese Government will not permit any danger to arise to British interests through the use of any portion of the Siamese dominions in the peninsula for military or naval purposes by foreign Powers.
His Majesty’s Government would therefore request that the Siamese Government shall not cede or lease, directly or indirectly, to any foreign Government any territory situated in the Malay Peninsula south of the southern boundary of the Monthon Rajaburi, or in any of the islands adjacent to the said territory; also that within the limits above mentioned a right to establish or lease any coaling station, to build or own any construction or repairing docks, or to occupy exclusively any harbours the occupation of which would be likely to be prejudicial to British interests from a strategic point of view, shall not be granted to any foreign Government or Company.
Since this assurance is desired as a matter of political expediency only, the phrase “coaling station” would not be held to include such small deposits of coal as may be required for the purpose of the ordinary shipping engaged in the Malay Peninsula coasting trade.
