(173A) in H.C.). 784/1934.
BRITISH LEGATION,
BANGKOK, June, 24, 1940.
Monsieur Minister,
I have the honor, at the instance of His Excellency the High Commissioner for the Malay States, to propose to Your Excellency that the following provisions shall be regarded as constituting an agreement between the Malayan Government on the one hand and the Royal Thai Government on the other with respect, to traffic across the boundary between British Malaya and Thailand, the purpose of the agreement being to enable residents along the international frontier conveniently to cross the border upon visits of short duration:-
1) Natural-born Thai nationals resident in Thailand, unless there be reason to suspect that they are undesirables; will in future be allowed entry into British Malaya by way of Perlis, Kedah, Perak, and Kelantan without hindrance other than the formality of giving their names at the frontier and receiving an instruction (unless exempted from compliance with the legislation providing for the registration of aliens) to report to the Registrar of Alliance with 48 hours of arrival at their destination, Legislative machinery will, however, be retained and used to prevent the entry of undesirable person. No payment of any kind and no identification papers will be required by the British Malayan Authorities. Nevertheless, in order to remove the possibilities of the Malayan Immigration Officer mistaking a natural-born Thai national will, if he does not hold an ordinary Passport, be furnished with a pass, a specimen of which attached hereto.
2) All, Thai nationals who have resided for not less than three years within a zone of 25 kilometers from the international boundary of the Malayan side of the frontier, and natural born Thai national, who have resided for not less than 3 years in the state of Perlis, Kedah, (including the Island of Langkawi) Perak and Kelantan, shall be entitled to a pass to be issued by the Malayan Authority to save as a return permit.
3) Non natural born Thai nationals, who have resided on the Thai side of the frontier for not less than 3 years within a zone of 25 kilometers from the international boundary shall be entitled to a Pass to be issued by the Thai authorities to serve as a Passport and shall be allowed entry into British Malaya without being subject to the procedure prescribed by law for immigrants, provided they do not proceed beyond the area comprised within a zone of 25 kilometers from the international boundary. The form of passes to be issued by the Thai authorities will be in accordance with the specimen attached hereto.
4) In cases other than those provided for in (1) (2) and (3) Thai national entering into British Malaya shall be subject to the procedure prescribed by the law for Immigrants.
5) Natural British Subjects and British Protected Persons, of British Malaya who have resided for not less than 3 years in the states of Kedah (including the Island of langkawi), Perlis, Perak and Kelantan and who are in possession of Passes issued by the Malayan authorities shall be allowed entry into Thailand, without being subject to the procedure prescribed by law for immigrants, as far as Songkhla on the East Coast of Thailand, Haadyai on the Railway and a line drawn West from Haadyai to the West Coast.
6) Non natural born British Subject and British Protected persons pf British Malaya, who have reside on The Malayan side within a zone of 25 kilometers from the international boundary who are is possession of Passes issued by the Malayan Authorities shall similarly be allowed entry into Thailand provided they don't proceed beyond areas occupies within a zones of 25 Kilometers from international Boundary. The form of passes to be issued by The Malayan Authorities will be in accordance with the specimen attached hereto.
7) Any person provided only with a Pass who travels in Thailand or in British Malaya beyond the area specified in the Agreement shall be subject to the penalties and provisions of the Immigration laws in force in Thailand or British Malaya the case may be.
8) In cases other than provided for in (5) or (6), British Subjects and British Protected persons entering into Thailand shall be Subject to the provisions of the Immigration Laws in force in Thailand.
9) (a) Passes shall be valid for a period of six months. Any number of Tran frontier visit may be made on one Pass within the period.
(b) No Pass shall be issued to the following persons, is:-
(i) Persons who appears to suffer from the following infections diseases, i.e., plaque, cholera, small pox, cerebrum-spinal meningitis, leprosy, chicken pox and measles, or any other diseases that may later be mutually agreed upon.
(ii) Persons who are vagrants or detritus without any mean of support
(iii) Persons who are of bad characters or are likely to create disturbance or to endanger the safety of the public
(iv) Persons who are minors, except those have completed their fifteenth year of age and on application of some responsible persons.
(v) Every three months a record of Passes issued shall be submitted by each of the parties to this Agreement to the Competent Authorities of the other party.
(c) If after the issued of a Pass the authorities of the other country have sufficient reasons to believe that the Pass was issued in violation of the Provision of the Agreement or that the person possessing the Pass in an undesirable person according the law of such country, the authorities may take away his Pass and send him back to his respective Province, or district within the Malay States, where his Pass was issued and shall report the facts, and return his Pass to the authorities which issued it, stating the reasons for cancellation. If the person to whom the Pass is issued is still in the country of issue, the authorities shall immediately notify the authorities of the State that the Pass should be cancelled, and shall give the reasons therefore.
10) (a) Every Pass issued by the Thai or Malayan Authorities should state the name, nationality and place of residence of the person to whom it is issued and his period of residence within the relevant area in Thailand or in British Malaya as the case may be, and it show boar his photograph and signatures or thump print. It should also state the area in Thailand or in British Malaya for which it is valid and that the person in possession of the Pass should not remain on any one visit longer than a period of, six months.
(b) Only one Pass need be issued to the head of the family, and it shall be valid for the wife and minor children, whose name and ages should be stated in the Pass.
11) (a) Passes may be issued in Thailand by the Commissioner of the province covered by this Agreement or by any District Officer within zone covered by the Agreement.
Passes may be issued in the respective District within the Malay States covered by this Agreement by the following authorities:-
PERLIS – The Chief of Police, Deputy Assistant Controller of Immigration, Padang Besar.
KEDAH – Officer in Charge, Immigration Office, Alor Setar.
PERAK – Officer in Charge, Immigration Office, Kroh, Upper Perak.
KELANTAN – District Officer, Pasir Mas, Assistant Controller of Immigration of Immigration Office, Kota Bahru.
LANGKAWI – Deputy Immigration Officer, Langkawi.
(b) Fees or Charges should not more than sufficient to cover the cost and should be practically the same in both side of the frontier.
12) The Thai Government are agreeable that any poor peasant of fisherman from the British Malaya who may fail to comply with the Immigration Laws should not be prosecuted in Court, but should be handed back to the Immigration Authorities in British Malaya, unless condition that such peasant or fisherman is natural born British Subject or British Protected person of British Malaya and that the offence with which he is charged is not one of including, or complicity with the unlawful bringing into Thailand of an alien, it being understood also that he shall be handed at the expanse of the Malayan Authorities.
In the event of those provisions being acceptable to the Royal Thai Government, I have the honors further to propose that the present note and Your Excellency’s reply to that effect shall considered as placing upon record the agreement at in this matter.
I avail myself of the opportunity, Monsieur Le Minster, to renew to Your Excellency the assurances of my highest consideration.
J.CROSBY
HIS MAJESTY MINISTER