Directory_and_Chronicle_1918 — Page 328

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FOREIGN JURISDICTION BETWEEN GREAT BRITAIN AND SIAM

2. From and after the commencement of this Order the Principal Order shall, e 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 VIII. 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 Treaty 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 VIII. 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 ÎV., 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), CLVI. and CLVII. 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 Right Honourable Sir Edward Grey, Baronet, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein.

A. W. FITZROY.