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The Elimination of Extraterritoriality
Limiting the Power of French Consular Courts 1902 - 1907
Thailand tried to reach an agreement with France to limit the right to register French subjects, along the same lines as the treaty with Britain. In 1902, a treaty was concluded with the French Government but fell through because it did not receive the approval of the French Parliament.
In 1904, Thailand and France concluded another convention which limited the right to register French subjects. It stated that Asians who were entitled to register as French subjects had to belong only to French colonies or protectorates. Their children also received this right. The convention did not in any way affect the right of French citizens of any generation to register as French subjects. All French subjects, including those of Asian descent, were under the legal jurisdiction of French consular courts, with the exception of cases occurring in Chiengmai, Lampang, Lampun and Nan, which were to be heard by an International Court. Thailand did not benefit fully from this convention but had to cede additional territory to France, namely, two areas on the right bank of the Mekong River - one opposite Luang Prabang and another opposite the southern part of Laos. In return, the French agreed to withdraw from Chantaburi, which they should have done ever since Thailand 's compliance with the terms of the Treaty of 1893. Therefore, the return of Chantaburi could not be regarded as an exchange of any kind and even the Preamble to the Convention did not refer to it as such.
In 1905, Denmark and Italy signed conventions with Thailand relating to the right to register their subjects and the authority of consular courts. The conventions followed along the same lines as the treaty with France but the two countries did not demand anything in return.
In 1907, Thailand and France concluded another treaty by which Thailand ceded to France the provinces of Battambang, Siem Reap and Srisophon, which the Treaty of 1869 recognized as belonging to Thailand. In return, France made some minor adjustments in Thailand 's coastal boundary. With regard to the jurisdiction of consular courts, it was agreed that Asians who had previously been registered as French subjects and proteges should be tried by international courts until all of Thailand 's legal codes had been promulgated and had come into force. Asians who were subsequently registered as French subjects or proteges shall be under the jurisdiction of ordinary Thai courts. Both categories of Asians enjoyed the same rights and duties as Thai citizens but were exempt from military service. The preamble to the treaty referred merely to a sort of exchange, although it is difficult to conceive how this was possible since the territories supposedly exchanged were vastly different in terms of size and value. Nor could it be considered that the territories had been exchange for consular jurisdiction since the Asians who were tried in International and Thai courts all received the same rights as Thai citizens. At the same time, French citizens continued to remain under the jurisdiction of consular courts.
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