His Majesty the King of the United Kingdom of
Great Britain and Ireland and of the British Dominions beyond the Seas,
Emperor of India, and His Majesty the King of Siam, having judged it
expedient, with a view to the better administration of justice and to
the prevention of crime within their receptive territories, that persons
charged with or convicted of the crimes hereinafter enumerated, and
being fugitives from justice, should under certain circumstances be reciprocally delivered up; the said High Contracting Parties have named
as their plenipotentiaries to conclude a Treaty for this purpose,
that is to say:-
His Majesty the King of the United Kingdom of Great Britain and
Ireland and of the British Dominions beyond the Seas, Emperor of India: Arthur
Peel, Esquire, His Envoy Extraordinary and Minister
Plenipotentiary at the Court of Bangkok, etc,.
And His Majesty the King of Siam: H.R.H. Prince Devawongse
Varoprakar, His Minister for Foreign Affairs, etc.,
Who, having communicated to each other their respective full
powers, found in good and due form, have agreed upon and concluded the
following articles:-
ARTICLE
1.
The High Contracting Parties engage to deliver up to each other
persons over whom they respectively exercise jurisdiction who, being
accused or convicted of a crime or offence committed in the territory of
the one Party, shall be found within the territory of the other Party,
under the circumstances and conditions stated in the present Treaty.
ARTICLE
2.
The Crimes or offences for which the extradition is to be granted
are the following:-
1. Murder,
or attempt, or conspiracy to murder.
2.
Manslaughter.
3. Assault
occasioning actual bodily harm. Malicious
wounding or inflicting grievous bodily harm.
4.
Counterfeiting or altering money, or uttering counterfeit or
altered money.
5. Knowingly
making any instrument, tool, or engine adapted or intended for
counterfeiting coin.
6. Forgery,
counterfeiting, or altering or uttering what is forged or counterfeit or
altered money.
7.
Embezzlement or larceny.
8. Malicious
injury to property, by explosives or otherwise, if the offence be
indictable.
9. Obtaining
money, goods, or valuable securities by false pretences
10. Receiving
money, valuable security, or other property, knowing the same to have
been stolen, embezzled, or unlawfully obtained.
11. Crimes
against bankruptcy law.
12. Fraud by a
bailee, banker, agent, factor, trustee, or director, or member or public
officer of any company made criminal by any law for the time being in
force.
13. Perjury, or
subornation of perjury.
14. Rape.
15. Carnal
knowledge, or any attempt to have carnal knowledge of a girl under the
age of puberty, according to the laws of the respective countries.
16. Indecent
assault.
17. Procuring
miscarriage, administering drugs, or using instruments with intent to
procure the miscarriage of a woman.
18. Abduction
19. Child
stealing.
20. Abandoning
children, exposing or unlawfully detaining them.
21. Kidnapping
and false imprisonment.
22. Burglary or
housebreaking.
23. Arson.
24. Robbery with
violence.
25. Any mancious
act done with intent to endanger the safety of any person in a railway
train.
26. Threats
letter or otherwise, with intent to extort.
27. Piracy by law
of nations.
28. Sinking or
destroying a vessel at sea, or attempting or conspiring to do so.
29. Assaults
on board a ship on the high seas, with intent to destroy life, or do
grievous bodily harm.
30.
Revolt, or conspiracy to revolt, by two or more persons on board
a ship on the hisgh seas against the authority of the master.
31. Dealing in
slaves in such a manner as to constitute a criminal offence against the
laws of both States.
Extradition is to be granted for participation in any of the
aforesaid crimes, provided such participation be punishable by the laws
of both contracting Parties.
Extradition may also be granted at the discretion of the State
applied to in respect of any other crime for which, according to the law
of both of the contracting Parties for the time being in force, the
grant can be made.
ARTICLE
3.
Either Government may, at its absolute discretion, refuse to
deliver up its own subjects to the other Government.
ARTICLE
4.
The extradition shall not take place if the person claimed on the
part of the Government of the United Kingdom, or the person claimed on
the part of the Government of Siam, has already been tried and
discharged or punished, or is still under trial in the territory of Siam
or in the United Kingdom respectively for the crime for which his
extradition is demanded.
If the person claimed on the part of the Government of the United
Kingdom, or if the person claimed on the part of the Government of Siam,
should be under examination for any crime in the territory of Siam or in
the United Kingdom respectively, his extradition shall be deferred until
the conclusion of the trial and the full execution of any punishment
awarded to him.
ARTICLE
5
A fugitive criminal shall not be surrendered if the offence in
respect of which his surrender is demanded is deemed by the Party on
whom the demand is made to be one of a political character, or if he
prove that the requisition for his surrender has in fact been made with
a view to try or punish him for an offence of a political character.
ARTICLE
6
A person surrendered can in no case be detained or tried in the
State to which the surrender has been made, for any other crime or on
account of any other matters than those for which the extradition shall
have taken place, until he has been restored or had an opportunity of
returning to the State by which he has been surrendered.
This stipulation does not apply to crimes committed after the
extradition.
ARTICLE
7
The requisition for extradition shall be made through the
diplomatic agents of the High Contracting Parties respectively.
The requisition for the extradition of the accused person must be
accompanied by a warrant of arrest issued by the competent authority of
the State requiring the extradition, and by such evidence as, according
to the laws of the place where the accused is found, would justify his
arrest if the crime had been committed there.
If the requisition for extradition relates to a person already
convicted, it must be accompanied by a copy of the judgment passed on
the convicted person by the competent court of the State that makes the
requisition.
A sentence passed in contumaciam is not to be deemed a
conviction, but a person so sentenced may be dealt with as an accused
person.
ARTICLE 8.
If the requisition for extradition be in accordance with the
foregoing stipulations, the competent authorities of the State applied
to shall proceed to the arrest of the fugitive.
The prisoner is then to be brought before a competent Magistrate,
who is to examine him and to conduct the preliminary investigation of
the case, just as if the apprehension had taken place for a crime
committed in the same country.
ARTICLE
9.
When either of the contracting Parties considers the case urgent
it may apply for the provisional arrest of the criminal and the safe
keeping of any objects relating to the offence.
Such request will be granted, provided the existence of a
sentence or warrant of arrest is proved, and the nature of the offence
of which the fugitive is accused is clearly stated.
The warrant of arrest to which this Article refers should be
issued by the competent authorities of the country applying for
extradition. The accused
shall on arrest be sent as speedily as possible before a competent
Magistrate.
ARTICLE 10
In the examinations which they have to make in accordance with
the foregoing stipulations, the authorities of the State applied to
shall admit as valid evidence the sworn depositions or the affirmations
of witnesses taken in the other State, or copies thereof, and likewise
the warrants and sentences issued therein, and certificates of, or
judicial documents stating the fact of, a conviction, provided the same
are authenticated as follows:-
1. A warrant
must purport to be signed by a Judge, Magistrate, or officer of the
other State.
2.
Depositions or affirmations, or the copies thereof, must purport
to be certified under the hand of a Judge, Magistrate, or officer of the
other State to be the original depositions or affirmations, or to be the
true copies thereof, as the case may require.
3. A certificate
of or judicial document stating the fact of a conviction must purport to
be certified by a Judge, Magistrate,
or officer of the other State.
4. In ever case
such warrant, deposition, affirmation, copy, certificate, or judicial
document must be authenticated either by the oath of some witness, or by
being sealed with the official seal of the Minister of Justice or some
other Minister of the other State; but any other mode of authentication
for the time being permitted by the law of the country where the
examination is taken may be substituted for the foregoing.
ARTICLE 11.
The extradition shall not take place unless the evidence be found
sufficient according to the laws of the State applied to, either to
justify the committal of the prisoner for trial, in case the crime had
been committed in the territory of the said State, or to prove that the
prisoner is the identical person convicted by the courts of the State
which makes the requisition, and that the crime of which he has been
convicted is one in respect of which extradition could, at the time of
such conviction, have been granted by the State applied to.
The fugitive criminal shall not be surrendered until the
expiration of fifteen days from the date of his being committed to
prison to await his surrender.
ARTICLE 12.
If the individual claimed by one of the two High Contracting
Parties in pursuance of the present
Treaty should be also claimed by one or several other Powers, his
extradition shall be granted to that State whose demand is earliest in
date.
ARTICLE 13.
If sufficient evidence for the extradition be not produced within
two months from the date of the apprehension of the fugitive, or within
such further time as the State applied to, or the proper tribunal
thereof shall direct, the fugitive shall be set at liberty.
ARTICLE 14.
All articles seized which were in the possession of the person to
be surrendered, at the time of his apprehension, shall, if the competent
authority of the State applied to for the extradition has ordered the
delivery thereof, be given up when the extradition takes place, and the
said delivery shall extend not merely to the stolen articles, but to
everything that may serve as a proof of the crime.
ARTICLE 15.
The High Contracting parties renounce any claim for the
reimbursement of the expenses incurred by them in the arrest and
maintenance of the person to be surrendered and his conveyance till
placed on board the ship; they reciprocally agree to bear such expenses
themselves.
ARTICLE 16.
The stipulations of the present Treaty shall be applicable to the
Colonies and foreign possessions of His Britannic Majesty, so far as the
laws for the time being in force in such Colonies and foreign
possessions respectively will allow.
The requisition for the surrender of a fugitive criminal who has
taken refuge in any such Colony or foreign possession may be made to the
Governor or chief authority of such Colony or possession by any person
authorized to act in such Colony or possession as a consular officer of
Siam.
Such requisitions may be disposed of, subject always, as nearly
as may be, and so far as the laws of such Colonies or foreign
possessions will allow, to the provisions of this Treaty, by the said
Governors or chief authorities, who, however, shall be at liberty either
to grant the surrender or to refer the matter to His Britannic
Majesty’s Government.
His Britannic Majesty shall, however, be at liberty to make
special arrangements in the British Colonies and foreign possessions for
the surrender of criminals from Siam who may take refuge within such
Colonies and foreign possessions, on the basis, as nearly as may be, and
so far as the laws of such Colonies or foreign possessions will allow,
of the provisions of the present Treaty.
Requisitions for the surrender of a fugitive criminal emanating
from any Colony or foreign possession of His Britannic Majesty shall be
governed by the rules laid down in the preceding articles of the present
Treaty.
ARTICLE 17.
The present Treaty shall come into force ten days after its
publication, in conformity with the forms prescribed by the laws of the
High Contracting Parties. It
may be terminated by either of the High Contracting Parties at any time
on giving to the other six months’ notice of its intention to do so.
The Treaty shall be ratified, and the ratifications shall be
exchange at London, as soon as possible.
In witness whereof the respective plenipotentiaries have signed
the same, and have affixed thereto the seal of their arms.
Done in duplicate at Bangkok, the fourth day of March, 1911, in
the 129th Year
of “Ratanakosindr.”
(L.S.) Arthur Peel
(L.S.) Devawongse Varoprakar
Click Here for more informaiton