2254
THE NEW ZEALAND GAZETTE.
[No. 77

Extension to New Zealand of Supplementary Convention between the United Kingdom and Belgium respecting Legal Proceedings in Civil and Commercial Matters.

Department of Justice,
Wellington, 14th October, 1938.

IT is hereby notified for general information that the Convention between the United Kingdom and Belgium signed at Brussels on the 4th November, 1932, in respect of which ratifications were exchanged at London on the 18th June, 1934, supplementary to the Convention of the 21st June, 1922, regarding Legal Proceedings in Civil and Commercial Matters, has been extended to the Dominion of New Zealand, pursuant to the provisions of Article 9 of the said Convention, as from the 29th August, 1938.

The text of the said Convention is set out hereunder.

H. G. R. MASON, Minister of Justice.

CONVENTION.

His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, and His Majesty the King of the Belgians, being desirous of supplementing the Convention concluded between them for the purpose of facilitating the conduct of legal proceedings which was signed at London on the 21st June, 1922 (Treaty Series No. 13 (1924),” Cmd. 2069), have resolved to conclude a Convention for this purpose and have appointed as their Plenipotentiaries—

His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India :

For Great Britain and Northern Ireland :

His Excellency the Right Honourable Earl Granville,

his Ambassador Extraordinary and Plenipotentiary

at Brussels ; and

His Majesty the King of the Belgians :

M. Paul Hymans, his Minister of Foreign Affairs ;

Who having communicated their full powers, found in good and due form, have agreed as follows :—

I.—PRELIMINARY.

Article 1.

In this Convention the words—

(1) “ Territory of one (or of the other) High Contracting Party ” shall be interpreted as meaning at any time any of the territories of such High Contracting Party to which the Convention at that time applies ;

(2) “ Subject of one (or of the other) High Contracting Party ” shall be deemed—

(a) In relation to His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, to mean all subjects of His Majesty wherever domiciled, and shall include all persons under His Majesty’s protection, and

(b) In relation to His Majesty the King of the Belgians to mean all subjects of His Majesty and the nationals of the Belgian Congo and of Ruanda-Urundi.

II

Article 2.

SECURITY FOR COSTS.

The subjects of one High Contracting Party resident in the territory of the other shall not be obliged to give security for costs in any case where the subjects of the latter High Contracting Party would not be so obliged in similar circumstances.

Article 3.

FREE LEGAL ASSISTANCE.

(1) The subjects of one High Contracting Party shall in the territory of the other enjoy free legal assistance in the same manner as subjects of the latter High Contracting Party, provided they comply with the requirements of the law of the territory where free legal assistance is applied for.

(2) This article applies to criminal as well as to civil and commercial matters.

Article 4.

IMPRISONMENT FOR DEBT.

The subjects of one High Contracting Party shall not in the territory of the other High Contracting Party be liable to imprisonment as a means of execution for debt or as a conservatory measure in any case where the subjects of the latter would not be so liable.

III.—GENERAL PROVISIONS.

Article 5.

Any difficulties which may arise in connexion with the operation of this Convention shall be settled through the diplomatic channel.

Article 6.

The present Convention, of which the English and French texts are equally authentic, shall be subject to ratification. Ratifications shall be exchanged in London. The Convention shall come into force one month after the date on which ratifications are exchanged and shall remain in force for three years after the date of its coming into force. If neither of the High Contracting Parties shall have given notice through the diplomatic channel to the other not less than six months before the expiration of the said period of three years 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 notice to terminate it.

Article 7.

(1) This Convention applies to England and Wales. It shall not apply ipso facto to Scotland or Northern Ireland, nor to any of the Colonies or Protectorates of His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, nor to any territories under His suzerainty, 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 this Convention is in force under Article 6 by a notification given through His Ambassador at Brussels, extend the operation of the Convention to any of the above-mentioned territories.

(2) The date of the coming into force of any such extension shall be one month from the date of such notification.

(3) 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 (1) of this article terminate such extension on giving six months’ notice of termination through the diplomatic channel.

(4) The termination of the Convention under Article 6 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 (1) of this article.

Article 8.

(1) This Convention shall not apply ipso facto to the Belgian Congo or to the mandated territory of Ruanda-Urundi ; but His Majesty the King of the Belgians may, at any time while this Convention is in force under Article 6, or by virtue of any accession under Article 9, extend the operation of the Convention to either of such territories by a notification given through the diplomatic channel.

(2) The provisions of paragraph (2) of Article 7 shall apply to any such notifications.

(3) The provisions of paragraphs (3) and (4) of Article 7 shall apply to any territories to which this Convention has been extended under paragraph (1) of this article.

Article 9.

(1) The High Contracting Parties agree that His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, may at any time, while the present Convention is in force, either under Article 6 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 His Majesty the King of the Belgians has given notice of termination in respect of all the territories of His Majesty to which the Convention applies. Any such accession shall take effect one month after the date of its notification.

(2) After the expiry of three years from the date of the coming into force of any accession under paragraph (1) 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 6 shall not affect its application to any such country.

(3) Any notification of accession under paragraph (1) 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 (2) 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 French texts, and have affixed thereto their seals.

Done in duplicate at Brussels, the 4th day of November, 1932.

[L.S.] GRANVILLE.
[L.S.] HYMANS.