Let me suggest that they would be placed in the frame as if they were burned in and on by default, but you would be able to opt out if you don't want them.
With the anticipated popularity of this edit, I think there will be foreign-language edits of this one.
Perhaps you could just put the scene without subtitles somewhere on the disc as an additional title, for the benefit of future editors.

English is not my native language. Even though I don't have any problems understanding it and remember 98% of the dialogue I do prefer to have subtitles in my native language anyway. Having two subtitles in different languages looks very bad.