Treaty between the United Kingdom and Siam (1909)/Annex 4
Annex 4.
Prince Devawongse to Mr. Paget.
With reference to the provision contained in Article 4 of the Jurisdiction Protocol to the effect that 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 from this guarantee when it shall be no longer needed; and, moreover, that in any negotiations in connection with such a modification or 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 appreciates that a Treaty like the one signed to-day marks an advance in the administration of justice in the kingdom. The conclusion of such a Treaty is in itself a sign of progress. It is the intention of the Siamese Government to 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. Steward Black has made to this work.
I wish also to say that provision will be made for the treatment of European prisoners according to the standard usual for such prisoners in Burmah and the Straits Settlements.
Mr. Paget to Prince Devawongse.
With reference to the guarantee contained in the first paragraph of Article 4 of the Jurisdiction Protocol, I have the honour to state that His Majesty’s Government will be prepared in due course to consider the question of modification of or release from this guarantee when it shall no longer be needed. His Majesty’s Government are also willing that in any negotiations in connection with such a modification or release the matter shall be treated upon its merits alone, and not as a consideration for which some other return shall be expected.
His Majesty’s Government learn with much satisfaction that it is the intention of the Siamese Government to maintain the high standard in the administration of justice which it has set before it, and towards which it has been working some time; and I may assure your Royal Highness that it will be the aim of His Majesty’s Government in every manner to second the efforts of His Siamese Majesty’s Government in this direction.
I wish also to say that the International Courts referred to in section 1 of the Protocol on Jurisdiction annexed to the Treaty signed to-day need not necessarily be Courts specially organized for this purpose. Provincial (“Monthon”) Courts or District (“Muang”) Courts may constitute International Courts, according as British subjects may be established in greater or less number within the jurisdiction of those Courts. The fact that an ordinary Court is designated as an International Court will have as a consequence the introduction into that ordinary Court of all the provisions relating to International Courts secured by the Protocol on Jurisdiction.