7693.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
11PUBLIC RECORD OFFICE, LONDON
7
No. 520.
(STRAITS SETTLEMENTS.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Temple, July 13, 1868. We are honoured with your Lordship's commands, signified in Mr. Egerton's letter of the 28th of April last, stating that he was directed by your Lordship to transmit to us a correspondence with the Colonial Office respecting a convention which it is proposed to conclude with the Rajah of Queddah, a dependent of Siam; and to request that we would favour your Lordship with our opinion as to whether there is anything objectionable in the provisions of the proposed convention.
We are also honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 3rd of June ultimo, stating that with reference to Mr. Egerton's letter of the 28th of April, forwarding a correspondence with the Colonial Office in regard to a convention which it is proposed to conclude with the Rajah of Queddah, he was directed by your Lordship to transmit to us a further letter from the Colonial Office, enclosing a copy of a Despatch which has been received from the Governor of the Straits Settle- ments forwarding for ratification a treaty which he has entered into on the part of Her Majesty's Government with that of Siam respecting Queddah, and to request that we would take this treaty into our consideration as a substitute for the draft of convention then before us and favour your Lordship with our opinion thereupon.
In obedience to your Lordship's commands, we have taken this matter into consideration, and have the honour to
Report
That as the proposed treaty sent to us on the 3rd ultimo is in substitution of the convention forwarded to us with the previous papers, it seems unnecessary to make any comment on the form or terms of the latter document.
The new treaty professes to be made by his Excellency the Governor on the part of Her Britannic Majesty and the Commissioners on the part of the King of Siam, with the consent of Phya Sayburee Zeang de per Tuam of Queddah, and by Article VI. it is to come into operation from the date of the execution thereof by his Excellency the Governor of the Straits Settlements and the Siamese Commissioners, from which date all former treaties, &c. are to be void, and after the signing of the treaty it is to be submitted for ratification to Her Britannic Majesty and the King of Siam. It is signed by his Excellency and the Commissioners and by Phya Sayburee. We advert to this because, as we understand, the Governor had no power to enter into such a treaty, and the question whether under the circumstances it should be recognized and ratified by Her Majesty, if unobjectionable in substance, is one of policy.
The clause upon which we presume it is principally desired that we should report is Article IV. relating to extradition.
This Article states that all convicts or prisoners awaiting trial, or persons against whom warrants for their arrest may be issued" for the crimes specified who escape from British possessions into Queddah, or who may be found within the kingdom of Queddah shall upon formal requisition from the Governor of the Straits Settlements or the Lieutenant Governor of Penang to Phya Sayburee be delivered up. It would be wise to exclude British subjects from the operation of this clause, and as we gather, Phya Sayburee is the name of the present King or Rajah of Queddah and not the title of the ruler, an alteration should be made in this respect. otherwise the treaty will become inoperative on the demise of the present Ruler. The article is defective in that part of it which stipulates that "in like manner all convicts or prisoners charged with similar offences" who may effect their escape from Queddah into British territory shall be surrendered, inasmuch as the words "such" should precede convicts," and after word "prisoners" the words "as aforesaid, and all persons against whom warrants for their arrest may be issued for the crimes hereafter specified" should be inserted, and the words "charged with similar offences" struck
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46
out.
o 14976-776.
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