Treaty between the United Kingdom and Siam (1909)/Annex 2

Annex 2.

Protocol concerning the Jurisdiction applicable in the Kingdom of Siam to British Subjects, and annexed to the Treaty dated March 10, 1909.

Section 1. International Courts shall be established at such places as may seem desirable in the interests of the good administration of justice; the selection of these places shall form subject of an understanding between the British Minister at Bangkok and the Siamese Minister for Foreign Affairs.
Sec. 2. The jurisdiction of the International Courts shall extend—

1. In civil matters: To all civil and commercial matters to which British subjects shall be parties.
2. In penal matters: To breaches of law of every kind, whether committed by British subjects or to their injury.

Sec. 3. The right of evocation in the International Courts shall be exercised in accordance with the provisions of Article 8 of the Treaty of the 3rd September, 1883.
The right of evocation shall cease to be exercised in all matters coming within the scope of codes or laws regularly promulgated as soon as the text of such codes or laws shall have been communicated to the British Legation in Bangkok. There shall be an understanding between the Ministry of Foreign Affairs and the British Legation at Bangkok for the disposal of cases pending at the time that the said codes and laws are communicated.
Sec. 4. In all cases, whether in the International Courts or in the ordinary Siamese Courts in which a British subject is defendant or accused, a European legal adviser shall sit in the Court of First Instance.
In cases in which a British born or naturalized subject not of Asiatic descent may be a party, a European adviser shall sit as a Judge in the Court of First Instance, and where such British subject is defendant or accused the opinion of the adviser shall prevail.
A British subject who is in the position of defendant or accused in any case arising in the provinces may apply for a change of venue, and should the Court consider such change desirable the trial shall take place either at Bangkok or before the Judge in whose Court the case would be tried at Bangkok. Notice of any such application shall be given to the British Consular officer.
Sec. 5. Article 9 of the Treaty of the 3rd September, 1883, is repealed.
Appeals against the decisions of the International Courts of First Instance shall be adjudged by the Siamese Court of Appeal at Bangkok. Notice of all such appeals shall be communicated to His Britannic Majesty’s Consul, who shall have the right to give a written opinion upon the case to be annexed to the record.
The judgment on appeal from either the International Courts or the ordinary Siamese Courts shall bear the signature of two European Judges.
Sec. 6. An appeal on a question of law shall lie from the Court of Appeal at Bangkok to the Supreme or Dika Court.
Sec. 7. No plea of want of jurisdiction based on the rules prescribed by the present Treaty shall be advanced in any Court after a defence on the main issue has been offered.
Sec. 8. In order to prevent difficulties which may arise in future from the transfer of jurisdiction contemplated by the present Treaty and Protocol, it as agreed—

(a.) All cases in which action shall be taken subsequently to the date of the ratification of this Treaty shall be entered and decided in 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.