✨ International Convention Text
Mar. 15.] THE NEW ZEALAND GAZETTE. 593
IV.—SECURITY FOR COSTS, ETC.
Article 12.
As regards security for costs, orders for the payment of costs and expenses, free judicial assistance, and imprisonment for debt, the subjects or citizens of one High Contracting Party shall enjoy in territory of the other High Contracting Party a perfect equality of treatment with the subjects or citizens of that High Contracting Party.
Article 13.
In cases where a subject or citizen of one High Contracting Party has, in accordance with Article 12, been exempted from giving security for costs in the territory of the other, judgments condemning such person to pay costs shall be enforceable by the Courts or authorities in the territory of the former High Contracting Party by the most summary procedure available for enforcing foreign judgments under the laws of that country.
V.—GENERAL PROVISIONS.
Article 14.
Any difficulties which may arise in connection with the operation of this Convention shall be settled through the diplomatic channel.
Article 15.
(a) Either High Contracting Party may at any time while the present Convention is in force terminate the operation of Articles 5, 6, and 10, without affecting the operation of the remainder of the Convention, by giving two months’ notice to this effect through the diplomatic channel.
(b) If while the present Convention is in force, the President of the Turkish Republic shall, by a notification given through the Turkish Ambassador in London, give his consent to the extension of the application of Articles 5, 6, or 10 to classes of persons other than the class to which those articles at present apply, the application of those articles shall be extended in the territories of both High Contracting Parties as from the date of and in accordance with such notification.
Article 16.
The present Convention, of which the English and Turkish texts are equally authentic, shall be subject to ratification. Ratifications shall be exchanged in London. The Convention shall come into force three months after the date on which ratifications are exchanged and shall remain in force for three years after its coming into force. In case neither of the High Contracting Parties shall have given notice to the other six months before the expiration of the said period of his intention to terminate the Convention, it shall remain in force until the expiration of six months from the day on which either of the High Contracting Parties shall have given such notice.
Article 17.
(a) This Convention shall not apply ipso facto to Scotland or Northern Ireland, nor to any of the Colonies or Protectorates of His Majesty, nor to any mandated territories in respect of which the mandate is exercised by his Government in the United Kingdom, but His Majesty may at any time while the Convention is in force under Article 16 extend by a notification given through his Ambassador in Turkey this Convention to any of the above-mentioned territories.
(b) Such notification shall state the authorities in the territory concerned to whom judicial and extra-judicial documents and letters of request are to be transmitted. The language in which communications or translations are to be made shall be English. The date of the coming into force of any such extension shall be one month from the date of its notification.
(c) Either of the High Contracting Parties may, at any time after the expiry of three years from the coming into force of an extension of this Convention to any of the territories referred to in paragraph (a) of this article, terminate such extension on giving six months’ previous notice through the diplomatic channel.
(d) The termination of the Convention under Article 16 shall, unless otherwise expressly agreed to by both High Contracting Parties, ipso facto terminate it in respect of any territories to which it has been extended under paragraph (a) of this article.
Article 18.
(a) The High Contracting Parties agree that His Majesty may at any time, while the present Convention is in force, either under Article 16 or by virtue of any accession under this Article, by a notification given through the diplomatic channel, accede to the present Convention in respect of any Member of the British Commonwealth of Nations whose Government may desire that such accession should be effected, provided that no notification of accession may be given at any time when the President of the Turkish Republic has given notice of termination in respect of all the territories of His Majesty to which the Convention applies. The provisions of Article 17 (b) shall be applicable to such notification. Any such accession shall take effect one month after the date of its notification.
(b) After the expiry of three years from the date of the coming into force of any accession under paragraph (a) of this Article, either of the High Contracting Parties may, by giving six months’ notice of termination through the diplomatic channel, terminate the application of the Convention to any country in respect of which a notification of accession has been given. The termination of the Convention under Article 16 shall not affect its application to any such country.
(c) Any notification of accession under paragraph (a) of this Article may include any dependency or mandated territory administered by the Government of the country in respect of which such notification of accession is given; and any notice of termination in respect of any such country under paragraph (b) shall apply to any dependency or mandated territory which was included in the notification of accession in respect of that country.
In witness whereof the undersigned have signed the present Convention, in English and Turkish texts, and have affixed thereto their seals.
Done in duplicate at Angora, this twenty-eighth day of November, one thousand nine hundred and thirty-one.
[ L.S. ]
GEORGE R. CLERK.
DR. T. RUSTU.
PROTOCOL OF SIGNATURE.
At the time of signing the Convention of this day’s date relating to the rendering of mutual assistance in the conduct of legal proceedings, the undersigned Plenipotentiaries, being duly authorized to this effect, declare that they have agreed as follows:—
The provisions of Article 17 apply to all the territories enumerated in the annexed list and shall also apply to Newfoundland and Southern Rhodesia in the event of their Governments expressing the desire that the Convention should be extended to them under that Article.
Done in duplicate at Angora, this twenty-eighth day of November, one thousand nine hundred and thirty-one.
GEORGE R. CLERK.
DR. T. RUSTU.
Bahamas.
Barbados.
Bermuda.
British Guiana.
British Honduras.
Ceylon.
Cyprus.
Falkland Islands and Dependencies.
Fiji.
Gambia (Colony and Protectorate).
Gibraltar.
Gold Coast—
(a) Colony.
(b) Ashanti.
(c) Northern Territories.
(d) Togoland under British mandate.
Hong-Kong.
Jamaica (including Turks and Caicos Islands and the Cayman Islands).
Kenya (Colony and Protectorate).
Leeward Islands—
Antigua.
Dominica.
Montserrat.
St. Christopher and Nevis.
Virgin Islands.
Malay States—
(a) Federated Malay States—
Negri Sembilan.
Pahang.
Perak.
Selangor.
(b) Unfederated Malay States—
Johore.
Kedah./Kelantan.
Perlis.
Trengganu.
Brunei.
Malta.
Mauritius.
Nigeria—
(a) Colony.
(b) Protectorate.
(c) Cameroons under British mandate.
North Borneo, State of
Northern Rhodesia.
Nyasaland Protectorate.
Protectorate of Aden.
St. Helena and Ascension.
Sarawak.
Seychelles.
Sierra Leone (Colony and Protectorate).
Somaliland Protectorate.
South African High Commission, Territories of the—
Sasutoland.
Bechuanaland Protectorate.
Swaziland.
Straits Settlements.
Tanganyika Territory.
Trinidad and Tobago.
Uganda Protectorate.
Western Pacific, Islands of—
British Solomon Islands Protectorate.
Gilbert and Ellice Islands Colony.
Tonga.
Windward Islands—
Grenada.
St. Lucia.
St. Vincent.
Zanzibar Protectorate.
I
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VUW Te Waharoa —
NZ Gazette 1934, No 16
NZLII —
NZ Gazette 1934, No 16
✨ LLM interpretation of page content
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Extension of UK-Turkey Convention on Legal Proceedings to New Zealand
(continued from previous page)
🌏 External Affairs & Territories28 November 1931
Legal Proceedings, Convention, UK, Turkey, Supreme Court, Service of Documents, Evidence, Security for Costs, Judicial Assistance, Imprisonment for Debt, Ratification, Diplomatic Channel, Territories, British Commonwealth
- GEORGE R. CLERK
- DR. T. RUSTU