1926

280
FOREIGN JURISDICTION BETWEEN GREAT BRITAIN AND SIAM
2. From and after the commencement of this Order the Principal Order shall, ex¬
cept as regards any judicial matters pending in any Court established by the Principal
Order on the day above mentioned, cease to be in force and operation in the States
of Kelantan, Tringganu, Kedah, Perlis, and the adjacent islands, being the
territories transferred to the control of His Majesty’s Government, the frontiers
whereof are defined by the Boundary Protocol annexed to the said Treaty.
3. With respect to any civil or criminal case arising within the limits of the
Principal Order, elsewhere than in the districts referred to in Article II., between
British subjects who were registered at the date of the said Treaty in accordance
with Part YIII. of the Principal Order, or in which a British subject so registered
may be a party as complainant, accused, plaintiff, or defendant, the Principal Order
shall not operate or have any effect so long as the said Treaty of the 10th March,
1909, continues in force, unless and until such case shall have been transferred by an
exercise of the right of evocation in accordance with the provisions of the Jurisdiction
Protocol annexed to the said Trea,ty and printed in the Schedule hereto to a Court
established under the Principal Order.
4. Notwithstanding anything contained in Article III., the Courts established by
the Principal Order shall continue to transact all non-contentious business in relation
to the probate of wills and the administration of estates of deceased British subjects
who were registered in accordance with Part YIII. of the Principal Order at the date
of the said Treaty; but, except as to non-contentious business, the provisions of
Article III. shall apply in matters of probate and administration.
5. “The Foreign Jurisdiction (Probates) Order-in-Council, 1908,” shall not
operate in Siam, except to the extent and in the cases where the provisions of the
Principal Order are in operation.
6. With respect to all civil or criminal cases, other than those referred to in
Articles III. and IY., arising within the limits of the Principal Order, elsewhere than in
the districts referred to in Article II., the Principal Order shall not operate or have
effect so long as the said Treaty continues in force.
7. Where a case is transferred from an International Court to a Court established
by the Principal Order, such Court shall give such directions as seem proper for its
determination, having regard to the proceedings (if any) in the International Court.
In determining such case the Court shall apply any Siamese law, other than a law
relating to procedure, which would have been applied in the International Court.
In a criminal case, if the accused is handed over by the International Court in
custody, he may be detained in custody as if he had been arrested under a warrant
on the day on which he is handed over.
8. Criminal or civil proceedings which have been instituted in any Court
established under the Principal Order before the commencement of this Order shall
not be affected by this Order.
9. Articles CXXXIX. to CLIII. (inclusive), CLV1. and CLYII. of the Principal
Order are hereby repealed, but such repeal shall not affect the past operation of such
Articles, or any right, title, obligation or liability accrued or the validity or invalidity of
anything done or suffered under such Articles before the commencement of this Order.
10. This Order shall commence and have effect on such date as the Minister
shall appoint.
And the Eight Honoui'able Sir Edward Grey, Baronet, one of His Majesty’s
Principal Secretaries of State, is to give the necessary directions herein.
A. W. Fitzboy.