726978-1856-GOVERNMENT-NOTIFICATION — Page 1

The Hongkong Government Gazette.

GOVERNMENT NOTIFICATION.

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Diplomatic Department.

His Excellency Her Majesty's Plenipotentiary and Chief Superintendent of British Trade in China, is pleased to notify the appointment, by The Right Honorable The Secretary of State for Foreign Affairs, of Mr CHARLES BATTEN HILLIER, as British Consul at Bangkok.

By Order,

Superintendency of Trade, Victoria, Hongkong, 16th June, 1856,

GOVERNMENT NOTIFICATION.

W. WOODGATE.

Diplomatic Department.

Ilis Excellency Her Majesty's Plenipotentiary and Chief Superintendent of British Trade in China, is pleased to publish for general information the Articles of Agreement entered into between the Siamese Commissioners and Mr Parkes, with a view to the better understanding of the Treaty between Great Britain and Siam.

By Order,

Superintendency of Trade, Victoria, Hongkong, 18th June, 1856.

W. WOODGATE.

Agreement entered into between the undermentioned Royal Commissioners, on the part of Their Majesties the First and Second

Kings of Siam, and HARRY SMITH PARKES, Esquire, on the part of Her Britannic Majesty's Government.

Mr Parkes having stated, on his arrival at Bangkok, as Bearer of Her Britannic Majesty's Ratification of the Treaty of Friendship and Commerce concluded on the 18th day of April 1855, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and Their Majesties Phra Bard Somdetch Phra Paramendr Maha Mongkut Phra Chom Klau Chau Yu Hua, The First King of Siam, and Phra Bard Somdetch Phra Pawarendr Ramesr Mahiswaresr Phra Pin Klau Chau Yu Hua, The Second King of Siam, that he was instructed by the Earl of Clarendon, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs, to request the Siamese Government to consent to an enumeration of those Articles of the former Treaty concluded in 1826, between the Honorable East India Company and Their late Majesties the First and Second Kings of Siam, which are abrogated by the Treaty first named, and also to agree to certain explanations which appear necessary to mark the precise force and application of certain portions of the new Treaty :-'

-Their aforesaid Majesties the First and Second Kings of Siam have appointed and empowered certain Royal Commissioners, namely, His Royal Highness Krom Hluang Wong-sa Dhiraj Snidh, and Their Excellencies the four Senaputhies or Principal Ministers of Siam, to confer and arrange with Mr Park es the matters above named, and the said Royal Commissioners having accordingly met Mr Parkes for this purpose, on repeated occasions, and maturely considered all the subjects brought by him to their notice, have resolved:

That it is proper, in order to prevent future controversy, that those clauses of the old Treaty which are abrogated by the now Treaty should be distinctly specified, and that any clause of the new Treaty which is not sufficiently clear, should be fully explained. To this end they have agreed to, and concluded, the following twelve Articles :—

ARTICLE 1.

ON THE OLD TREATY CONCLUDED IN 1826.

The Articles of the old Treaty not abrogated by the new Treaty, are 1, 2, 3, 8, 11, 12, 13, and 14, and the undermentioned clauses of Articles 6 and 10.

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In Article 6, the Siamese desire to retain the following clause!

"If a Siamese or English Merchant buy or sell, without enquiring and ascertaining whether the seller or buyer be of a good or bad character; and if he meet with a bad mau, who takes the property and absconds, the Rulers and Officers on either side must make search and endeavour to produce the property of the absconder, and investigate the matter with sincerity. If the party possess money or pro- "perty, he can be made to pay; but if he does not possess any, or if he cannot be apprehended, it will be the Merchant's own fault, and "the Authorities cannot be held responsible."

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Of Article 10, Mr Parkes desires to retain that clause relating to the Overland Trade, which states!

"Asiatic Merchants of the English Countries, not being Burinese, Pe gouans, or descendants of Europeans desiring to enter into, and "to trade with, the Siamese Dominions from the countries of Mergui, Tavoy, Tenasserim, and Ye, which are now subject to the English, will be allowed to do so freely overland and by water, upon the English furnishing them with proper certificates." Mr Parkes, however, desires that all British subjects without exception-shall be allowed to participate in this Overland Trade. The said Royal Commissioners therefore agree, on the part of the Siamese, that all Traders under British Rule may cross from the British Territories of Mergui, Tavoy, Ye, Tenasserim, Pegu, or other places, by land or by water, to the Siamese Territories, and may trade there with facility, on the condition that they shall be provided by the British Authorities with proper certificates, which must be renewed for each journey.

The Commercial Agreement annexed to the Old Treaty, is abrogated by the new Treaty, with the Exception of the undermentioned clauses of Articles 1 and 4:-

Of Article 1, the Siamese desire to retain the following clause "British Merchants importing fire-arms, shot, or gunpowder, are' 'prohibited from selling them to any party but the Government; should the Government not require such fire-arms, shot, or gunpowder, "the Merchants must re-export the whole of them."

Article 4 stipulates that no Charge or Duty shall be levied on boats carrying cargo of British ships at the Bar. The Siamese desire to cancel this clause, for the reason that the old measurement duty of 1700 Ticals per fathom, iucluded the fees of the various Officers. But as this measurement Duty has now been abolished, the Siamese wish to levy on each native boat taking cargó out to sea, a fer of & Ticals, 2 Salungs, this being the charge paid by Siamese Traders; and Mr Parkes undertakes to submit this point to the consideration of Her Majesty's Minister Plenipotentiary to the Court of Siam,

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ARTICLE 2.

ON THE EXCLUSIVE JURISDICTION OF THE CONSUL OVER BRITISH SUBJECTS.

The 2d Article of the Treaty stipulates that," Any disputes arising between British and Siamese subjects shall be heard and determined by the Consul in conjunction with the proper Siamese Officers; and Criminal Offenders will be punished, in the case of English Offenders by the Consul, according to English laws, and in the case of Siamese Offenders by their own laws, through the "Siamese Authorities. But the Consul shall not interfere in any matters referring solely to Siamese, neither will the Siamese Authori- "ties interfere in questions which only concern the subjects of Her Britannic Majesty."

On the non-interference of the Consul with the Siamese or of the Siamese with British subjects, the said Royal Commissioners. desire in the first place, to state that, while for natural reasons they fully approve of the Consul holding no jurisdiction over Siamese in their own country, the Siamese Authorities, on the other hand, will feel themselves bound to call on the Consul to apprehend anď punish British subjects who shall commit, whilst in Siameso Territory, any grave infractions of the laws, such as cutting, wounding, or inflicting other serious bodily harm. But in disputes, or in offences of a slighter nature committed by British subjects among them- selves, the Siamese Authorities will refrain from all interference,

With reference to the punishment of Offences, or the settlement of disputes, it is agreed :-

That all Criminal Cases, in which both parties are British subjects, or in which the Defendant is a British subject, shall be tried and determined by the British Consul alone.

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All Criminal Cases in which both parties are Siamese, or in which the Defendant is a Siamese, shall be tried and determined by the

Siamese Authorities alone.

That all Civil Cases in which both parties are British subjects, or in which the Defendant is a British subject, shall be heard and determined by the British Consul alone: All Civil Cases in which both parties aro Siamese, or in which the Defendant is a Siamese, shall be heard and determined by the Siamese Authorities alone.

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That whenever a British subject has to complain against a Siamese, he must make his complaint through the British Consul, who will Jay it before the proper Siamese Authorities.

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