JAPAN AND SIAM. heirs or testamentary executors by him appointed, the competent local authorities shall at once inform the nearest Consular officer of the nation to which the deceased belonged, in order that necessary information may be immediately forwarded to parties interested. In case of the death of a subject of one of the High Contracting Parties in the territories or possessions of the other, without leaving at the place of his decease any person entitled by the laws of his country to take charge of and administer the estate, the competent Consular officer of the State to which the deceased belonged shall, upon fulfilment of the necessary formalities, be empowered to take custody of and administer the estate in the manner and under the limitations prescribed by the laws of the country in which the property of the deceased is situated. The foregoing provision shall also apply in case of a subject of one of the High Contracting Parties dying outside the territories and possessions of the other, but possessing property therein, without leaving any person there entitled to take charge of and administer the estate. It is understood that, in all that concerns the administration of the estates of deceased persons, any right, privilege, favour or immunity which either of the High Contracting Parties has actually granted, or may hereafter grant, to the Consular officers of any other foreign State shall be extended immediately and unconditionally to the Consular officers of the other High Contracting Party. 19. The present Treaty shall, from the seventh day after the exchange of ratifications thereof, be substituted in place of the Treaty of the 25th February, 1898, (1) and of the Protocol of the same date thereto annexed, and of all arrangements and agreements subsidiary thereto, concluded or existing between the High Contracting Parties, and from the same date such Treaty, Protocol, arrangements and agreements shall cease to be binding. 20. The present Treaty shall come into effect on the seventh day after the exchange of ratifications and shall remain in force for ten years from that date. In case neither of the High Contracting Parties should have notified twelve months before the expiration of the said ten years the intention of terminating it, it shall remain binding until the expiration of one year from the day on which either of the High Contracting Parties shall have denounced it. It is clearly understood, however, that such denunciation shall not have the effect of reviving the Treaty, Protocol, arrangements or agreements mentioned in Article 19 hereof. 21. This Treaty shall be ratified and the ratifications (1) Vol. XC, page 66. 2 B thereof shall be exchanged either at Tokyo or Bangkok, as soon as possible. In witness whereof the respective Plenipotentiaries have signed the present Treaty and have hereunto affixed their seals. Done in duplicate, in the English language, at Bangkok, this 10th day of the 3rd month in the 13th year of Taisho, corresponding to the 10th day of the 12th month in the 2466th year of the Buddhist era and the 10th day of March in the 1924th year of the Christian era. (L.S.) C. YADA. At the moment of proceeding this day to the signature of the new Treaty of Commerce and Navigation between the Empire of Japan and the Kingdom of Siam, the Plenipotentiaries of the two High Contracting Parties have agreed as follows: ART. 1. The system of jurisdiction heretofore established in Siam for the subjects of the Empire of Japan and the privileges, exemptions and immunities now enjoyed by the subjects of the Empire of Japan in Siam as a part of or appurtenant to said system shall absolutely cease and determine on the seventh day after the exchange of ratifications of the above-mentioned Treaty and thereafter all subjects of the Empire of Japan and persons, corporations, companies and associations entitled to its protection in Siam shall be subject to the jurisdiction of the Siamese Courts. 2. Until the promulgation and putting into force of all the Siamese Codes, namely, the Penal Code, the Civil and Commercial Code, the Codes of Procedure and the Law for Organisation of Courts and for a period of five years thereafter but no longer, the Empire of Japan, through its Diplomatic and Consular officials in Siam, whenever in its discretion it deems it proper so to do in the interest of justice, by means of a written requisition addressed to the Judge or Judges of the Court in which such case is pending, may evoke any case pending in any Siamese Court, except the Supreme or Dika Court, in which a Japanese subject or a person, corporation, company or association entitled to the protection of the Empire of Japan is defendant or accused. Such case shall then be transferred to said Diplomatic or Consular official for adjudication and the jurisdiction of the Siamese Court over such case shall thereupon cease. Any case so evoked shall be disposed of by said Diplomatic or Consular official in accordance with the laws of the Empire of Japan properly applicable, except that as to all matters. coming within the scope of codes or laws of the Kingdom of Siam regularly promulgated and in force, the texts of which have been communicated to the Japanese Legation in Bangkok, the rights and liabilities of the parties shall be determined by Siamese law. For the purpose of trying such cases and of executing any judgments which may be rendered therein, the jurisdiction of the Japanese Diplomatic and Consular officials in Siam is continued. Should Japan perceive, within a reasonable time after the promulgation of the codes, any objection to said codes, namely, the Penal Code, the Civil and Commercial Code, the Codes of Procedure and the Law for Organisation of Courts, the Siamese Government will endeavour to meet such objections. 3. Appeals by the subjects of the Empire of Japan or by persons, corporations, companies or associations entitled to its protection, from judgments of Courts of First Instance in cases to which they may be parties, shall be adjudged by the Court of Appeal at Bangkok. An appeal on a question of law shall lie from the Court of Appeal at Bangkok to the Supreme or Dika Court. A subject of the Empire of Japan or a person, corporation, company or association, entitled to its protection, who is defendant or accused in any case arising in the provinces may apply for a change of venue, and should the Court consider such change desirable the trial shall take place either at Bangkok or before the Judge in whose Court the case would be tried at Bangkok. 4. In order to prevent difficulties which may arise from the transfer of jurisdiction contemplated by the present Protocol, it is agreed: (a.) All cases in which action shall be taken subsequently to the seventh day after the exchange of ratifications of the above-mentioned Treaty shall be entered and decided in the Siamese Courts, whether the cause of action arose before or after the seventh day after the exchange of ratifications. (b.) All cases pending before the Japanese Diplomatic and Consular officials in Siam on said date shall take their usual course before such officials until such cases have been finally disposed of and the jurisdiction of the Japanese Diplomatic and Consular officials shall remain in full force for this purpose. In connection with any case coming before the Japanese Diplomatic and Consular officials under Clause (b) of Article 4, or which may be evoked by said officials under Article 2, the Siamese authorities shall upon request by such Diplomatic or Consular officials lend their assistance in all matters pertaining to the case. [cxx] 2 B 2 In witness whereof the undersigned Plenipotentiaries have hereunto signed their names and affixed their seals. Done at Bangkok, in duplicate, this 10th day of the 3rd month in the 13th year of Taisho, corresponding to the 10th day of the 12th month in the 2466th year of the Buddhist era and the 10th day of March in the 1924th year of the Christian era. At the moment of proceeding this day to the signature of the new Treaty of Commerce and Navigation between the Empire of Japan and the Kingdom of Siam, the Plenipotentiaries of the two High Contracting Parties have agreed as follows: In the application of the provisions prescribing mostfavoured-nation treatment in the Treaty signed this day, as well as in all that concerns commerce, navigation and industry, except as otherwise expressly provided in this Treaty, no discrimination whatever in favour of the Government, nationals or ships of any other country shall be made by either of the two High Contracting Parties against the Government, nationals or ships of the other. In witness whereof the undersigned Plenipotentiaries have hereunto signed their names and affixed their seals. Done at Bangkok, in duplicate, this 10th day of the 3rd month in the 13th year of Taisho, corresponding to the 10th day of the 12th month in the 2466th year of the Buddhist era and the 10th day of March in the 1924th year of the Christian era. (L.S.) C. YADA. TRAIDOS PRABANDH. EXCHANGE OF NOTES regarding Article 1 and Article 16 of the Treaty between Japan and Siam, signed on March 10, 1924, (') and Article 2 of the Protocol.-Bang. kok, February 19-March 10, 1924. (No. 1.)-Prince Traidos to Mr. Yada. M. le Ministre, Foreign Office, Bangkok, February 19, 1924. IN regard to the rights of Japanese subjects to own land in Siam as provided for in the Treaty about to be signed between our two Governments, I beg to inform your Excellency for (1) Page 730. communication to your Government that under the provisions of paragraph 6 of Article 1 of the proposed Treaty Japanese subjects shall in respect to the right of ownership of land and other property throughout the whole extent of Siam be placed in all respects on the same footing as the subjects of the most favoured nation. Inasmuch as British subjects under the Anglo-Siamese Treaty of 1909, (2) and French Asiatic subjects and protégés under the Treaty between Siam and France of 1907, (*) enjoy 'the rights and privileges enjoyed by the natives of the country, notably, the right of property," under the above-quoted provisions Japanese nationals similarly will be entitled, upon the coming into force of the Treaty, to the right to own land throughout the whole extent of Siam. I avail, &c. Acting Minister for Foreign Affairs. (No. 2.)-Mr. Yada to Prince Traidos. Your Highness, Imperial Japanese Legation, Bangkok, February 24, 1924. I HAVE the honour to acknowledge the receipt of your Highness's letter of the 19th instant in which you have been good enough to inform me for communication to my Government that, under the provisions of paragraph 6 of Article 1 of the Treaty about to be signed between our two Governments, Japanese subjects shall in respect to the right of ownership of land and other property throughout the whole extent of Siam be placed in all respects on the same footing as the subjects of the most favoured nation and that inasmuch as British subjects under the Anglo-Siamese Treaty of 1909 and French Asiatic subjects and protégés under the Treaty between Siam and France of 1907 enjoy "the rights and privileges enjoyed by the natives of the country, notably, the right of property," under the above-quoted provisions Japanese nationals similarly will be entitled, upon the coming into force of the Treaty, to the right to own land throughout the whole extent of Siam. In reply, I am glad to inform your Highness that the communication of your Highness has proved to be very satisfactory to my Government. I avail, &c. C. YADA, Japanese Minister. (2) Vol. CII, page 126. (3) Vol. C, page 1028. 233 |