|
Extraterritoriality
1855
The Treaty of Friendship and Commerce between Thailand and Great Britain was signed in 1855 and a supplementary agreement was concluded the following year. It served as a model for subsequent treaties which Thailand signed with other countries. The main points can be summarised as follows :
1. There shall be perpetual peace and friendship between the two countries.
2. British subjects are permitted to trade freely in all the sea ports of Thailand, but may reside permanently only at Bangkok, or within a distance of 24 hours' journey from the city of Bangkok.
3. British subjects shall be registered at the British Consulate.
4. With regard to judicial authority, cases involing British subjects shall be heard and determined by the British Consul, while Thai offenders shall be tried by the Thai authorities.
5. British subjects shall enjoy freedom of religion.
6. British subjects shall be subject to import duties of 3 per cent and export duties as specified in the Tariff attached to the Treaty.
7. The Thai Government shall accord Britain most-favoured-nation status, that is, Britain shall be allowed equal participation in any privileges granted by Thailand to any other nation.
8. The Treaty shall be irrevocable and may be amended only by mutual consent on both sides.
It is apparent that Great Britain derived all the advantages from the above treaty, while Thai citizens residing in Britain did not enjoy the same privileges. The treaty was also irrevocable and became known as the unequal treaty. The judicial authority granted to consular courts and the fixing of duties at a minimum rate clearly imposed limitations on Thai sovereignty. There were no clauses in the treaty which referred to extraterritoriality, but certain special privileges were accorded to the British. In any case, the British Government interpreted the treaty as conferring upon Britain extraterritorial rights in Thailand. The arrest of British subjects, for example, had to receive prior approval from the British Consul. The collection of other taxes, besides import and export duties, also had to be approved even though it was not a political matter. This was because a person would end up going to court if he refused to pay the taxes. After drawing up the Bill, Thailand had to circulate it among all the countries concerned to seek their opinions, a process which took 14 years before it could be enacted into law. However, if Thailand did not accede to the treaty, she would in all likelihood have been forced to do so by the British since Sir John Bowring had hinted as much. Thailand 's decision to sign the treaty with Britain was therefore well-founded.
Thailand concluded similar treaties with other countries such as France. At the same time, several nations asked Sir John Bowring to assist them in their negotiations with the Thais. This demonstrated that it was Thai policy to accord equal opportunities to all countries in trading with Thailand.
The treaties which Thailand concluded with other countries based on the treaty with Great Britain are as follows :
1. The Treaty of Peace, Friendship, Commerce and Navigation with the United States, B.E. 2399 (1856 A.D.).
2. The Treaty of Friendship, Commerce and Navigation with France, B.E. 2399 (1856 A.D.).
3. The Treaty of Friendship, Commerce and Navigation with Denmark, B.E. 2401 (1858 A.D.).
4. The Treaty of Friendship, Commerce and Navigation with Portugal, B.E. 2402 (1859 A.D.).
5. The Treaty of Friendship, Commerce and Navigation with the Netherlands, B.E. 2403 (1860 A.D.).
6. The Treaty of Amity, Commerce and Navigation with Prussia, in the name of the German Customs and Commercial Union, B.E. 2404 (1862 A.D.).
7. The Treaty of Friendship, Commerce and Navigation with Sweden and Norway, B.E. 2411 (1868 A.D.).
8. The Treaty of Friendship and Commerce with Belgium, B.E. 2411 (1868 A.D.).
9. The Treaty of Friendship, Commerce and Navigation with Italy, B.E. 2411 (1868 A.D.).
10. The Treaty of Commerce with Austria-Hungary, B.E. 2412 (1869 A.D.).
11. The Treaty of Friendship, Commerce and Navigation with Spain, B.E. 2413 (1870 A.D.).
12. The Declaration of Friendship, Commerce with Japan, B.E. 2430 (1887 A.D.) and the Treaty of Friendship, Commerce and Navigation with Japan, B.E. 2440 (1898 A.D.). Japanese consular officers were given jurisdiction over Japanese subjects in Thailand until Thailand 's judicial reforms were completed, that is, until criminal and civil codes were proclaimed and put intoforce. The Treaty could also be repudiated by either side.
13. The Declaration with Russia Relative to Commerce and Navigation, B.E. 2442 (1899 A.D.). Most-favoured-nation treatment was accorded and the Declaration could be revoked upon giving 6 months' advance notice.
|
Site map 
Contact Us
About Thailand
About Thailand
General Information
ACD
