1917

272
TEEATY BETWEEN GREAT BRITAIN AND SIAM
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 peual 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 VIII. 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 coles or
laws shall have been communicated to the British Legation in Bangkok. There shall
"be an understanding between the Ministry for 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 Europe in 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 IX. of the Treaty of the 3rd September, 1883, is repealed.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 an 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 is 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.
[Seal] (Signed) Ralph Paget.
„ „ Devawongse Varoprakar.