Anglo-Siamese Treaty of 1909

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Treaty between Great Britain and SiamSource: The American Journal of International Law, Vol. 3, No. 4, Supplement: OfficialDocuments (Oct., 1909), pp. 297-304Published by: American Society of International Law

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OFFICIAL IDOCUMENTS

297

personwho,

ince the commission f the crime

or

offense f

whichhe

is

accused,

r for

whichhe

has

been

convicted,

as become

naturalized

n

the country

hence he surrenders sought,

uch

naturalization

hall

not

prevent he pursuit, rrest,

nd extradition f,zuch

erson,

n conformity

with

he

stipulations

f the

present reaty.

ARTICLE

2.

The presentconvention

hall be

ratified,

nd

the ratifications x-

changed

t Paris as soon

as

possible.

It shall become ffective

en days after ts promulgation

n the form

required y the egislation

f the respective ountries,

nd shallhave the

same force nd the same duration s the treaty o which t relates.

In faithwhereof, he respective lenipotentiaries

ave

signed the

present onvention

nd

attached

heir eals

thereto.

Done at Paris,

in

duplicate,

he

17th of

October,

908.

[L.

S.]

S. PICHON.

[L.

S.]

FRANCIS BERTIE.

TREATY

BETWEEN

GREAT BRITAIN AND

SIAM.1

Signed

at

Bangkok,

March

10,

1909.

His

majesty

the

king

of the

United

Kingdom

of

Great Britain and

Ireland

and

of

the

Britishdominions

eyond

he

seas,

Emperor f India,

and

his

majesty

he

king

of

Siam, being

desirous

f

settling arious ues-

tionswhich

have arisen

ffecting

heir

espective

ominions, ave decided

to conclude treaty,nd haveappointed orthispurpose s theirpleni-

potentiaries:

His

majesty

he

king

of

Great

Britain,Ralph Paget,

Esq.,

his

envoy

extraordinary

nd minister

lenipotentiary,tc.;

His

majesty

he

king

of

Siam,

his

royal highness

rince Devawongse

Varoprakar,

minister or

foreign ffairs, tc.;

Who,

after

having

communicatedo

each

other

their

respective ull

powers,

nd found

hem o

be in

good

and

due

form,

ave

agreedupon

and

concluded

he

following

rticles:

'Text

from

British Blue

Book,

Siam,

No.

1

(1909), [Cd. 4646].







298

THE AMERICAN

JOURNAL

OF INTERNATIONAL

LAW

ARTICLE

1.

The Siamese

government

ransfers

o the

British

government

ll

rights

of suzerainty,rotection,dministration,nd controlwhatsoever hich

they

possess

overthestates

of

Kelantan,

Tringganu,

Kedah,

Perlis,

and

adjacent

islands.

The

frontiers

f these

territories

re

defined

v

the

boundary

rotocol

nnexed

hereto.

ARTICLE

2.

The transfer

rovided

for

in the

preceding rticle

shall

take place

within

hirty

ays

after heratification

f this

treaty.

ARTICLE

3.

A mixed

commission,

omposed

f Siamese and Britishofficialsnd

officers,

hall be

appointed

within ix

months

fter

he

date

of

ratifica-

tion

of this treaty,

nd shall be

charged

with he

delimitation

f the

new

frontier.

The

workof

the

commission

hall be commenced

s soon

as

the season

permits,

nd shall

be carried

out in accordance

with

the

boundary

rotocol

nnexed

hereto.

Subjects

of

his

majesty

he

king

of

Siam

residing

within he

territory

described

n article

1

who

desire

to

preserve

heir

Siamese nationality

will,during heperiodofsix months fter he ratificationf thepresent

treaty,

e

allowed

to

do

so if

they

become domiciled

n the

Siamese

dominions.

His

Britannic

majesty's

government

ndertake

hat

thev

shall

be

at

liberty

o retain

heir mmovable

roperty

ithin

he

territory

described

n

article

1.

It

is understood

hat

in

accordance

withthe usual

customwhere

a

change

of suzerainty

akes

place,

any

concessions

within

he

territories

described

n

article

1

hereof o individuals

r

companies,

ranted

y

or

with

he

approval

f the Siamese

government,

nd

recognized

y

them

s

still nforce n the dateof thesignature f thetreaty, ill be recognized

by

the

government

f his Britannic

majesty.

ARTICLE

4.

His

Britannic

majesty's

overnment

ndertake

hat

the

government

f

the

Federated

Malay

Statesshall

assume

he

ndebtedness

o the

Siamese

government

f

the territories

escribed

n article

.

ARTICLE

5.

The jurisdiction f the Siamese International ourts, stablished y

article

8

of the

treaty

fthe 3rd

September,

883,

shall,

underthe

con-







OFFICIAL DOCUMENTS

299

ditions

efinedn the

urisdiction rotocol

nnexed

hereto, e extended

o

all British

ubjects

n

Siam

registered

t

the

British

consulates

before

thedate of the

present

reaty.

This

system

hall come to an end,and the urisdiction f the Inter-

national

Courts hallbe

transferredo

theordinary

iamese

courts fter

the

promulgationndthe

coming nto

force fthe

Siamese

odes,namely,

the

penal

code,

the

civil

and

commercial

odes,

the codes of

procedure,

and

the aw for

organization f

courts.

All

other

British ubjects

n

Siam

shall

be subject

to the urisdiction

of

the

ordinary iamese courts under

the conditions

defined

n

the

jurisdiction rotocol.

ARTICLE

6.

British ubjects hall

enjoy

throughouthe

wholeextent f

Siam

the

rights

nd privileges

njoyed

by thenativesof

thecountry,

otably

he

right

f

propertyr,he

right

f

residence

nd

travel.

Theyand

their

property

hall

be

subject

o

all

taxes and

services,

ut

these

hall

not be other r

higher

han

the taxes and

serviceswhich

re or

maybe

imposedby

law on

Siamese

subjects. It

is

particularly nder-

stoodthat the imitationn

the

agreement

f

the

20th

September,900,

by

which

he taxation

of land shall

not exceedthaton similar and in

Lower

Burmah,

s

hereby

emoved.

British

subjects

n

Siam

shall

be

exempt

from

ll

military

ervice,

either

n

the

army

r

navy,

ndfrom ll forced oans

or

military

xactions

or

contributions.

ARTICLE

7.

The

provisions

f all

treaties,

greements,

nd

conventions

etween

Great Britain

and

Siam,

not modified

y

the

present reaty

emain

n

full

force.

ARTICLE

8.

The

present

reaty

hall

be

ratified

within

our

months

rom ts

date.

In

witnesswhereof he

respective

lenipotentiaries

ave signed

the

present reaty

nd

affixedheir eals.

Done at

Bangkok,

n duplicate, he

10th

day of March, n

the

year

1909.

[Signed]

RALPH

PAGET.

[SEA

Li

rSigned]

DEVAWONGSE VAROPRARAR.

[SEAL]







300

THE

AMERilUCAN JOURNAL

O

INTERNATIONAL

LAW

Boundary

rotocol nnexed

o thetreaty ated

March 10, 1909.

The frontiers

etween he territories

f his majesty he king of

Siam

and theterritoryverwhichhis suzerain ights ave bythe present reaty

been ransferred

o his majesty he king

of GreatBritain nd Ireland

are

as follows:

Commencing

rom

he

most

seaward point of the northern ank

of

the estuary

f the Perlis River and thence

northto

the range of hills

which s thewatershed etween

he PerlisRiver on the

one side

anid

he

Pujoh River on the other;

then following

he watershed ormed y

the

said range

of

hills

until t reaches hemain watershed

r dividing

ine

between hose

riverswhichflow

nto the

Gulf of Siam on the one

side

and

into

the

Indian Ocean on the other;following hismain watershed

so as to

pass

the sourcesof the Sungei

Patani, Sungei Telubin,

and

Sungei

Perak,

o a

point

which

s

thesource f the Sungei

Pergau;

then

leaving hemain watershed

nd

going long

the watershedeparating

he

waters

f the

SungeiPergau

from

he

Sungei

Telubin,

o

the

hill

called

Bukit Jeli

or the source

f themain

stream

f the

Sungei Golok.

Thence

the

frontier

ollows he

thalweg

f

the

main stream f

the

Sungei

Golok

to the

sea at

a

place

called Kuala

Tabar.

This line will leavethevallevsof theSungeiPatani, SungeiTelubin,

and Sungei

Tanjung

Mas and

the

valley

on the

eft

or

westbank of the

Golok

o Siain and the whole

valley

f

the Perak River

nd

the

valley

n

the

right

r east bankof the Golok o Great

Britain.

Subjects

of

each

of the

partiesmay

navigate

he

whole of

the

waters

of the

Sungei

Golok

nd its

affluents.

The

island known

s Pulo

Langkawi,

ogether

ith

ll the slets

outh

of

mid-channel etween

erutau and

Langkawi

and

all

the slands

south

of

Langkawi

hall become

British. Terutau

nd

the slets o

thenorth f

mid-channelhall remain o Siam.

With

regard

o

the

islandsclose to the west

coast,

those

ying

to the

northof the parallel

of

latitude

where

the

most

seaward

point

of

the

north ank

of the

estuary

f

the

Perlis River

ouches

he sea

shall

remain

to Siam,

and

those

ying

o the

outh f

that

parallel

hall

become ritish.

All islands

adjacent

to the

eastern tates

of

Kelantan

and

Tringganu,

south

of a

parallel

of

latitude

drawnfrom

he

point

where

he

Sungei

Golok

reaches

he coastat

a

place

called Kuala Tabar shall be

transferred

to GreatBritain, nd all islands o the north f thatparallel hallremain

to Siam.







OFFICIAL DOCUMENTS 301

A

rough ketch

f the

boundary ereindescribed

s annexedhereto.2

2.

The above-describedoundary hall be

regarded s final,both by

the governmentf his

Britannicmajesty and that of Siam, and they

mutuallyundertake hat,so far as the boundary ffectsny alteration

of the existingboundaries

f

any state

or

province,

o

claim for com-

pensation

n the

ground

f such alterationmade

by

any

state

or

province

so

affected

hall be entertained

r

supported y

either.

3. It shall be the

duty

of

the

boundary

ommission, rovided or in

article

3

of the treaty

f this

date,

to

determine

nd

eventually

mark

out the frontierbove

described.

If

during

he

operations

f delimitation

t

should

appear

desirable

o

departfrom he frontiers laid downherein, uch rectificationhallnot

under ny circumstances

e

made to

the

prejudice

f

the Siamese

govern-

ment.

In witness

whereof

he

respective lenipotentiaries

ave

signed

the

present rotocol

nd affixedheir

eals.

Done

at

Bangkok,

n

duplicate,

he

10th

day

of

March,

1909.3

[Signed]

RALPH PAGET.

[SEAL]

[Signed]

DEVAWONGSE VAROPRAKAR.

[SEAL]

2Not

printed

here;

for

map see document

cited

in

note 1.

3

In connection

with

the

above

treaty

the following notes,

exchanged on

the

day

of the signature

of

the

treaty, should

be

read:

MR. PAGET

TO PRINCE

DEVAWONGSE.

March

10,

1909.

M.

LE MINISTRE,

In view

of

the position

of

British

possessions

in the

Malay

Peninsula

a.nd of

the contiguityof the Siamese Malay provinces with British-protected erritory,

his majesty's

government

re

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

govern-

ment

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

harbors,

the occupation

of which

would

be

likely

to

be







802

THE AMERICAN JOURNAL

OF

INTERNATIONAL

LAW

Protocol

concerning

the

jurisdiction

applicable

in the

Kingdom

of Siam

to

British

subjects

and annexed to the

treaty

dated March 10, 1909.

SECTION1. InternationalCourts shall be established t such places

as may

seem desirable

n

the interests

f the

good

administrationf

justice; the selection

f these

places shallform he

subjectof an under-

standing etween

he

Britishminister t Bangkok nd

the Siamese

min-

isterfor foreign

ffairs.

SECTION

2.

The

jurisdiction

f

the International

Courts shall

ex-

tend

-

1.

In

civil

matters: o

all

civil and

commercialmatters

o whicl

British ubjects

hall be parties.

2. In penal matters:to breaches f law of evervkind whether

committedy

British

ubjects

or to

their

njury.

prejudicial

to British interests

from

a

strategic point

of

view,

shall

not

be

granted

to any

foreign government

r

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 purposes

of

the

ordinary shipping

engaged

in

the Malay

Peninsula coasting trade.

[Signed]

RALPH PAGET.

PRINCE

DEVAWONGSE

TO

MR.

PAGET.

Foreign

Office,

angkok, March

10,

1909.

M.

LE

MINISTRE,

I have

the

honor to

acknowledge receipt

of

your

note of

this

date,

in

which

you express

the desire of your

government

that

the

Siamese

government

shall

not cede

or

lease, directly

or

indirectly,

o any foreign government

ny territory

situated in

the

Malay

Peninsula south of

the southern

boundary

of

the Monthon

of

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 harbors, 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

r

company.

In

reply,

beg

to

say

that

the Siamese

government

gives

its

assurance

to the

above effect, aking

note that

the

phrase

coaling station shall not

include

such small

deposits

of coal ax may be required

for the purposes of the

ordinary

shipping

engaged

in

the

Malay

Peninsula

coasting trade.

I

avail, etc.,

[Signed]

DEVAWONGSE,

Minister

for Foreign

Affairs.







OFFICIAL DOCUMENTS

303

SECTION 3.

The right

of

evocation

n

the

International ourtsshall

be exercised

n

accordancewith

the provisions f article

8 of thetreaty

of

the 3rd September, 883.

The right f evocation hallcease to be exercisedn all matters om-

ing within hescopeof codesor

aws regularly romulgated

s soon as

the

text

of

such codes or laws shall have been

communicatedo the British

legation

n

Bangkok. There shall be an understanding etween he

ministry orforeign ffairs nd the British egation t Bangkok

for

the

disposalof cases pending t thetime that the said codes and laws are

communicated.

SECTION 4. In

all

cases,whether

n

the

nternational ourts r

in

the

ordinary iamese courts n which a British subject is defendant r

accused, European egal adviser

hall sit in the courtof first nstance.

In

cases in which Britishbornornaturalized ubjectnot

of Asiatic

descentmay be a party, Europeanadviser hall sit

as

a judge

in the

court

of

first

nstance,

nd where uch British

subject

s

defendant

r

accusedthe

opinion

of the adviser hall

prevail.

A

British ubjectwho s

in

the

position

f defenidant

r

accused

n

any

case

arising

n

the

provincesmay

apply

for

change

f

venue,

nd

should

the court onsider uch

change

desirable he trial shall

take place

either

at Bangkokor before he udge in whosecourtthe case would be tried

at

Bangkok.

Notice

of

any

such

application

hall be

given

o

the British

consular

fficer.

SECTION

5. Article 9 of

the

treaty

f the 3rd

September,

883,

is

repealed.

Appeals against

the

decisions f the

international ourts

of

first

n-

stance

shall

be

adjudged by

the

Siamese court

of

appeal

at

Bangkok.

Notice of

all

such appeals shall

be communicated o his Britannic

majesty's onsul,

who shall have

the

right

o

give

a

written pinionupon

the case to be annexed o therecord.

The

judgment

n

appeal

from

ither

he

international ourtsor the

ordinary

iamese courts

hall bear

the

signature

f

two

European udges.

SECTION

6.

An

appeal

on

a

question

f

aw shall

ie

from

he

court f

appeal

at

Bangkok

o the

supreme

r

Dika

court.

SECT5ION

. No

plea

of want of

jurisdiction

ased on

the rules pre-

scribed

by

the

presenttreaty

hall

be

advanced

n any

court

after a

defence

n

the

main

ssue

has been

offered.

SECTION . In order o prevent ifficultieshichmay arise in future

from he

transfer

f

urisdictionontemplated y

the

present reaty nd

protocol,

t is

agreed







304 THE AMERICAN

JOURNAL

OF

INTERNATIONAL

LAW

(a)

All

cases

in which ctionshall be taken

subsequentlyo

the

date

of

the

ratification

f this

treaty

hall

be entered nd decided

in the competent

nternational

r

SiameseCourt,whether he cause

of action

arose

before

r

after

he date

of

ratification.

(b) All cases pending

n

his Britannicmajesty's ourts n Siam

on the date

of the ratification

f this

treaty

hall

take

theirusual

course n

such courts

nd

in

any appeal

court

until such

cases have

been

finally

disposed of,

and the jurisdiction

of his Britannic

majesty's

ourts

hall

remain

n full

force

or

his

purpose.

The execution

f the

judgment

rendered

n

any

such

pending

case

shall

be

carried ut

by

the International

ourts.

In witnesswhereof he respective lenipotentiariesave signedthe

present rotocol

nd

affixed

heir

eals.

Done

at

Bangkok,

n

duplicate,

he 10th

day

of

March,

1909.'

[Signed]

RALPH PAGET.

[SEAL]

[Signed]

DEVAWONGSE

VAROPRAKAR.

[SEAL]

4

In

connection

with

the

above

protocol

the

following

notes, exchanged

on

the

date of its signature, should be read:

PRINCE

DEVAWONGSE

O

MR.

PAGET.

Foreign

Office,

angkok,

March

10,

1909.

M.

LE MINISTRE,

With

reference

to the provision

contained

in article

4

of the

jurisdiction

protocol

to the

effect

hat

in

all

cases

in which

a

British

subject

is

defendant

or accused

a

European

adviser

shall

sit

in court,

I would express

the hope,

on

behalf

of

his majesty's

government,

that

his

Britannic

majesty's

government

will

be

prepared

in due

course

to consider

the

question

of

a

modification

of

or

release

fromthis

guarantee

when

it

shall

be

no longer

needed;

and,

moreover,

that

in

any

negotiations

in

connection with such a modificationor release the

matter

may

be treated

upon

its

merits alone,

and

not

as

a

consideration

for

which

some

other

return

should

be

expected.

The

Siamese

government

ppreciates

that

a

treaty

like

the

one

signed

to-day

marks

an advance

in the

administration

of

justice

in the kingdom.

The

con-

clusion

of such

a

treaty

is in

itself a

sign

of progress.

It is the

intention

of

the

Siamese

government

o maintain

the

high

standard

in

the

administration

of justice

which

it has

set

before

it,

and towards

which

it has been

working

for some

time.

In

this connection

I

take pleasure

in acknowledging

the contribution

which

Mr. J. Stewart Black has made to this work.

1 wish

also to say

that

provision

will

be

made

for the

treatment

of

European

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