Directory_and_Chronicle_1935_Part

18. For every salvage bond made in pursuance of Section 560 (1) of the Merchant Shipping Act, 1894, to be paid by the master or owner of the property salved.

.2 0 0 19. For making endorsement on ship's papers as required by Section 257 of "The Merchant Ship- ping Act, 1894 "...

(To include the fee for inspection of ship's papers, See No.46.)

N.B.-A payment of £5 shall free the ship from the payment of Fees Nos. 19 and 40 at every port in China during the following three months.

Marriage Fees to be taken by Marriage Officers acting under the Foreign Marriage Act, 1992, and the Foreign Marriages Order in Council, 1892.

20. For receiving notice of an intended

marriage

..0 10 0 ..1 0 0

21. For receiving notice of a caveat 22. For every marriage solemnised by or in the presence of a Marriage officer, and registered by him0 10 0

23. For certificate by Marriage Officer of notice having been given and posted up, Art. 6 of the Foreign Marriages Order in Council, 1892..

24. For registration by a Consular Officer of a marriage solemnised in accordance with the local law, in addition to the fee for attendance (Fee92) See Art. 8of the Foreign Marriages Order in Council, 1892.0 10 0

..0 10 0

Fees to be taken in respect of Matters in which the Interposition of a Consular Officer is to be given when requireď

by the Parties interested,

Matter in respect of which the Fee is to be taken.

furnishing, if required, one certified copy of request, £ §.d. order, and report of survey

25.-For noting a marine protest and furnish-£ s. d. ing one certified copy if required.....

...0 7 6

26.-For every other copy

27. For filing a request for survey and issuing order of survey

...0 10 0

28. For receiving report of survey, filing origina in archives, if not exceeding 200 words, and

29. For extending marine protest, if not ex- ceeding 200 words, filing original, and furnishing one certified copy if required. This is to be exclusive of fee for oaths or declarations (See No. 51), or for drawing, if required, the body of the protest (See No. 96)

TABLES OF CONSULAR FEES

30.-For any other protest [except bill of £ s. d. -exchange (See No. 50)], if not exceeding 200 words, filing original, and furnishing one certified copy, if required. This to be exclusive of fee for draw- ing, if required, the body of the protest (See No. 96) 1 0 0

31. If the protest or report of survey exceed 200 words, for every additional 100 words or frac- tion thereof

32. For attesting average, bottomry or arbitra- tion hond, each copy (See No. 95)

33.-For preparing a fresh agreement with the crew of a British vessel on new articles of agreement being opened at a foreign port, and for furnishing the copy which the Merchant Shipping Acts require should be made accessible to the crew

34. Bill of health..

.0 10 0 0 10 0

35.-Certifying to a foreign bill of health. 0 10 0 36.-Certificate of origin of goods and filing copy 0 5 0 37.-Certificate of due landing of goods exported from a British port

38. For application addressed to local authori- ties for arrest or imprisonment of a seaman, if granted pursuant to the request of the master

39.-Ditto, for release of a seaman

40. For each certificate granted as to the num- ber of the crew of a vessel, or as to any other matter required by local authorities for the clear- ance inwards and outwards of a vessel (See Nos. 19 and 41)

N.B. A payment of £5 shall free the ship from the payment of Fees 19 and 40 at every port in China during the following three months.

41.-For drawing up in form and language re- quired by local authorities, a muster-roll, or de- tailed list, giving the names, &c., of each member of the crew of a vessel (to be charged in addition to No. 40)..

42.-For affixing Consular signature and seal, if required, to a ship's manifest

43.-For affixing Consular seal or signature to any entry in the official log-book of a British vessel, if not required by the Merchant Shipping Act .0 5 0

44. For attesting the execution of a bill of sale of a ship, or shares in a ship....

45.-For any document required from Consular office by foreign authorities as a preliminary to the engagement of a British seaman in a foreign vessel, incinding official seal and signature....

46. For inspecting ship's papers when their production is required to enable a Consular officer to perform any specific service on the ship's behalf...02 6 N.B. This Fee is not to be charged when Fee No. 19 is levi- able, or commuted, nor in addition to Fee 19, unless the agreement has been withdrawn from the Consular officer in the interval.

47.-For granting any certificate not otherwise provided for, if not exceeding 100 words

48. If exceeding 100 words, for every additional

100 words or fraction thereof...

49. For noting a bill of exchange

5 0 5 0 0 0

50.-For protest of a bill of exchange and copy 1 51.-For administering an oath, or receiving a declaration or affirmation without attestation of signature

52.-For administering an oath, or receiving a declaration or affirmation with attestation of signa- ture...

53.-For each Consular signature attached to an exhibit referred to in an affidavit or declaration..... 0 2 6

54.-For each alteration or interlineation initial- ed by the Consular officer in any document not prepared by him..............

60. For each signature to an application for £ s.d. a patent attested by a Consular officer

61.-For attaching Consular signature, and seal if required, to quarterly or monthly declarations for Government-pay, half-pay, or pension...

62. For attaching Consular signature to any other declaration of existence

2 6 6 0 5 0

63.-Ditto, if drawn up by a Consular officer 0 64. For certificate of a person's identity..... 0 65. For attesting the signature of a foreign anthority

66. For each signature attested by the Consular officer in any document not otherwise provided for 0 5 0 N.B.-No fee is to be charged for attesting a signature to any document required for the deposit or withdrawal of money in or from the Post Office Savings Bank, or in connection with Savings Bank annuities.

67. For registration of a birth or death (except the death of a seaman)

.0 26 68. For any registration not otherwise provided for

.0 26 N.B. No fee is to be charged for the registration of a British sub- ject at a Consular office, where such registration is not compulsory under Orderin Council.

69. For issue of certificate of British registra- tion, when such registration is not compulsory under Order in Council,

70.-For each search in the register hooks of births, marriages, or deaths kept at the Consulate provided no other fee is chargeable ...

0 10 71. For furnishing a certified copy of an entry in register books of births, marriages, or deaths (See No. 70)

72. For certifying to a copy of any document or part of a document, if not exceeding 100 words...0 5 0

73. If exceeding 100 words, for every additional 100 words or fraction thereof....

0 10 N.B.-An additional fee is to be charged when the copy is made by the Consular officer. (See No. 99).

74.-Passport

75.-Visa of a passport

76,--For issue of certificate of nationality. 77.-Consular request to local authorities for a passport, pass, or visa ..

77A.-For transit pass

78.-Opening the will of a British subject, not being a seaman, including Consular signature to minute of proceedings..

.1 0 0 79.-For the administration and distribution,] or for either administration or distribution, of | 2} per the property, situate in the country of the Consular cent. officer's residence, of a British subject, not being a on seaman, dying intestate, or if not intestate, when gross undertaken in the absence of legally competent value. representatives of the deceased .....

80. For uniting documents and attaching Con- sular seal to the fastening..

81. For directing search for, or obtaining from Public Record Office or elsewhere, extracts from local registers, or copies of wills, deeds, or other matters, in addition to expenses incurred and any fees for attestation..

82. For affixing Consular signature, and seal if required, to any document not otherwise provided for by this Table.....

......0 5 0 N.B. No charge is to be made for an order or letter sending a seaman to hospital.

83.-For each Consular seal affixed to a docu- ment, packet, or article, when no signature is re- quired .0 0 6

55.-For each signature to a transfer of shares or stock attested by the Consular officer.... ........0 20

56. For each signature to a transfer of shares or stock attested by the Consular officer when execut- ed in the presence of one or more witnesses besides the Consular officer

57. For each execution of a power of attorney attested by the Consular officer (See No. 104)..

5 0 N.B.-When more than four persons execute a power of attorney at the same time a fee of £1 only is to be charged.

58. For attesting the execution of a will of any person not being a British seaman(See Nos.15and 102) 0 1 0

59.-For each execution of a deed, bond, or con- veyance under seal, attested by the Consular officer where the value of the property in question does not .exceed £1

83A.—For new title-deeds of land, including re- gistration,per cent. on value of the property, with a minimum fee of £1 10s. and a maximum of £10.

838. For notifying to anthorities loss of owner's copy of title-deed, and requesting issue of copy to replace it

83c. For transfer of land, 4 per cent. on value of the property, with a minimum fee of £1 lus. and a maximum of £10.

830. For cancelment of title deeds.......... 83E. For registration of title-deeds issued by local authorities....

Ditto, ditto, £5

Ditto, exceeds, £5

83F. For registration or discharge of mortgage 1 836. For registration of foreclosure of mort- gage

.2 0 0 83. For any entry, not otherwise provided for, made in land register at the request of the par- ties interested

N.B.-When more than four persons execute an instrument at the same time, the fee must not be more than four times 18. 2s. 6d., or «s. 6d., as the cas may be.

831. For reference to land, mortgage, or other registers (except those under Nos. 8 and 70)

TABLES OF CONSULAR FEES

PART III

Fees to be taken for certain Attendances in addition to any other Fee chargeable under the present Tuble, and to travelling and other Expenses (See Notes 3 and 4),

Attendance in respect of which the Fee is to be taken.

84.-At a shipwreck, or for the purpose of assist.± 8. d.

ing a ship in distress, per day

85.-At a shipwreck, at request of parties in- terested, to assist or advise as to salvage, per day.. 3 00

86.-At request of parties interested, or of local authorities, at the affixing or removing of seals on property of deceased persons, if absent less than two hours....

1 0 0 87.-Ditto, ditto, for each additional hour, or fraction thereof, 10s, with a maximum per day of...4 0 0

88.-At request of parties interested, or of local authorities, at a valuation, if absent less than two

1 0 0 hours...

99.-Ditto, ditto, for each additional hour, or fraction thereof, 108, with a maximum per day of...4 0 0

90.-At request of parties interested, or of local authorities, at a sale, if absent less than two hours.2 0 0

91.-Ditto, ditto, or each additional hour, or £ s.d. fraction thereof, 10s., with a maximum per day of...4 00'

92.—At request of parties iuterested, or of local authorities, for the trausaction elsewhere than at the Consular Office of any of the duties for which a fee is provided in the Table of Consular Fees, for each hour, or fraction thereof, 109., with a maximum per day of

92A. At request of parties interested, or of local authorities, at a measurement of land, for each hour, or fraction thereof, 10s., with a minimum of...1 0 0

93. At the request of parties interested, for the transaction of any duty for which a fee is leviable under this order, whether at the Consular office or at the Consular officer's residence, in addition to such fee, for each half-hour, or fraction thereof, if in the daytime, that is to say, between the hours of 6 a.m. and 9 p.m., but not during the customary business hours of the place

0 5 0 N.B.-This fee is leviable for any attendance on Sundays.

Fees to be taken in respect of certain other Services which may be rendered by a Consular officer at his discretion at the

request of Parties interested.

Service in respect of which the Fee is to be taken.

94. For the transaction of any duty for which £ s d. n fee is leviable under this Order, whether at the Consular office or at the Consular officer's re- #dence, in addition to such fee, for each half- hour, or fraction thereof, if in the night time, that is to say, between the hours of 9 p.m. and 6 a.m.

95. For preparing average, bottomry or ar- bitration bond (See No. 32)

96.-For drawing a declaration or other doen- ment, or the body of a protest, or for taking dowu in writing verbal declarations or depositions of per- sous made before a Consular officer or for reduc- ing into writing agreements made before him by contracting parties, exclusive of fees for attesta- tion, &c. (See Part II.), if not exceeding 100 words 0 50

97. If exceeding that number, for each subse- quent 100 words, or fraction thereof

.0 26 98.-For assisting in drawing up petitions, ap- plications, or other documents not specified, each 0 5 0

99. For making a copy of a document, if not exceeding 100 words, exclusive of fee for certificate (See No. 72)..

........0 16 100. If exceeding that number for every subse- queut 100 words, or fraction thereof

10 N.B. If the copy is in any foreign language double the above fees 99 and 100) are to be charged.

161. For making or verifying a translation of a document, in any European language, for every 100 words, or fraction thereof, exclusive of fee for certificate (See No. 47)

101A. For making or verifying a translation of a document in the Chinese, Corean or other Oriental language, for first 100 characters

101B. For making or verifying a translation of a document in the Chinese, Corean or other Oriental language, for every subsequent 100 characters, or fraction thereof

0 15 0 102. For drawing a will, if not exceeding 200 words (See Nos. 15 and 58)

103.-If exceeding that number, for every subse- quent 100 words, or fraction thereof

104.-For drawing a power of attorney, if not exceeding 200 words (See No. 57).......

105.-If exceeding that number, for every sub- £ 8, d. sequent 100 words, or fraction thereof

106.-In cases where one or more attesting wit- nesses, besides a Consular officer, are required, for each witness supplied by him at the request of the parties interested

107. Attendance elsewhere than at Consular office, at the request, and on behalf, of private persons, for the transaction of business which a Consular officer is permitted, but is not bound, to undertake under the Consular Regulations, for each hour, or fraction thereof, 10s.. with a maximum per day of (See Notes 3 and 4 and Form A)

108.-In cases where a Consular officer acts as arbitrator, provided the parties interested declare in writing in the reference to arbitration that they are aware of the nature and rate of the fee charge- able for such service, and agree to pay the same, a commission on the value of the property or amount in dispute of 24 per cent., with a minimum of

2 00 N.B. The value of the property or amount in dispute must be ascertained and agreed by the parties to the arbitration, and stated in the reference to arbitration.

NOTE.-1.-If the Consular officer shall be named Eommis- sioner to examine witnesses under a Commission issued by British Court of Justice he is allowed to act as such, charging and retaining the customary fees for so doing. A Consular officer should, however, before undertaking the office, come to an arrangement with the parties at whose instance the Commission is being issued as to the exact scale of fees to be charged.

2.-No fee is to be charged for drafting or receiving depositions, &c., taken ex officio under the Merchant Shipping Acts, except in cases specially provided for.

3. In cases of attendances (Parts 111, and IV.) the fee per day is to cover a period not exceeding twelve hours.

4. In cases of attendances away from the Consular office or the Cousular officer's residence (Parts 1II. and IV.), if the Consular officer finds it necessary to be accompanied by a clerk, the fee will be increased by one-half, or if a clerk only is sent, half the fees are to be charged.

5. The above fees, if not paid in British gold, are to be paid in- China in Mexican dollars at the rate of exchange fixed periodically by the Treasury; in Corea, in Japanese currency at the rate of 10 you to the sterling.

TEXT OF RECENT SINO-FOREIGN

TREATIES,

[DECLARATION OF THE NATIONALIST GOVERNMENT ON JULY 7, 1928.]

On July 7, 1925, the Ministry of Foreign Affairs of the Nationalist Gov- ernment* made the following declaration (translation) on the conclusion of new Treaties with the Powers:

"The Nationalist Government, with a view to adapting themselves to the present day circumstances and with the object of promoting the welfare of and the friendly relations between China and different countries, have always- considered the abrogation of all the unequal Treaties and the conclusion of new Treaties on the basis of equality and mutual respect for territorial sovereignty as the most pressing problem at the present time. These aims have been embodied in declarations repeatedly made by the Nationalist Governnient.

"Now that the unification of China is an accomplished fact, it is the task of the Nationalist Government to make every effort to fully realize these ainis. While they will continue to afford protection to foreign lives and property in China, according to law, the Nationalist Government hereby make the follow- ing specific declaration with regard to all the unequal Treaties:

"(1) All the unequal Treaties between the Republic of China and other countries, which have already expired, shall be ipso fact, abrogated, and new Treaties shall be concluded.

(2) The Nationalist Government will immediately take steps to terminate, in accordance with proper procedure, those unequal Treaties which have not yet expired, and conclude new Treaties.

"(3) In the case of old Treaties which have already expired, but which have not yet been replaced by new Treaties, the Nationalist Government will promulgate appropriate interim regulations to meet the exigencies of such situation."

INTERIM REGULATIONS.

At the same time the Nationalist Government issued the following Pro- visional Regulations Governing the Relations between China and the Powers after the Abrogation of the Old Treaties and pending the Conclusion of New Treaties:-

"1 Foreign countries and foreigners, as designated in these Regulations, apply only to those foreign countries and the nationals thereof whose Treaties with China have already expired, and with whom new Treaties have not yet been concluded.

"2 All diplomatic officials and consular officials of foreign countries sta- tioned in China shall be entitled to proper treatment accorded under inter- national law.

"3. The persons and properties of foreigners in China shall receive due protection under Chinese Law.

"4. Foreigners in China shall be subject to the regulations of Chinese Law and the jurisdiction of Chinese Law Courts.

Since October 10, 1928, the English designation has been altered to the "National Government of the Republic of China."

SINO-FOREIGN TREATIES

"5. Pending the enforcement of the National Tariff Schedule, the regular customs duties on commodities imported into China from foreign countries. or by foreigners, and those exported from Chtna to foreign countries, shall be collected in accordance with the existing tariff schedule.

"6. All taxes and duties which Chinese citizens are under obligation to pay shall be payable equally by foreigners in accordance with the law.

"7. Matters not provided for by the foregoing Regulations, shall be dealt with in accordance with International Law and Chinese Municipal Law."

TREATIES WHICH HAVE EXPIRED.

Treaties covered by the first item of the Nationalist Government's de- claration of July 7, 1928, are the Sino-French Conventions relative to the overland trade between the Chinese frontier and French Indo-China, as well as the Sino-Japanese, Sino-Belgian, Sino-Spanish, Sino-Portuguese, Sino- Italian and Sino-Danish Commercial Treaties.

The Sino-French Convention of Tientsin of April 25th, 1886, the Sino- French Additional Commercial Convention of June 26th, 1887, and the Sino- French Supplementary Convention of June 20th, 1895, expired simultaneously on August 7th, 1926. The Sino-Japanese Treaty of Commerce and Navigation of July 21st, 1996, together with the Supplementary Treaty of October 8th, 1903, expired on October 20th, 1926. The Sino-Belgian Treaty of Peking of November 2nd, 1865 expired on October 27th, 1926. The Sino-Spanish Treaty of Tientsin of October 10th, 1864, expired on May 10th, 1927. The Sino- Portuguese Treaty of Commerce and Navigation of December 1st, 1887, ex- pired on April 28th, 1928. The Sino-Italian Treaty of Peking of October 26th, 1866, and the Sino-Danish Treaty of Tientsin of July 13th, 1863, expired simultaneously on June 30th, 1928.

With these Powers the Nationalist Government carried on diplomatic correspondence and negotiations for the purpose of concluding new Treaties. The texts of the Treaties resulting therefrom follow.

SINO-AMERICAN TARIFF TREATY.

Treaty regulating Tariff Regulations between the Republic of China and the United States of America.

The Republic of China and the United States of America, both being animated by an earnest desire to maintain the good relations which happily subsist between the two countries, and wishing to extend and consolidate the commercial intercourse between them, have, for the purpose of negotiating a treaty designed to facilitate these objects, named as their Plenipotentiaries:- The Government Council of the Nationalist Government of the Republic

of China:

Mr. T. V. Soong, Minister of Finance of the Nationalist Govern-

ment of the Republic of China;

The President of the United States of America:

Mr. J. V. A. MacMurray. Envoy Extraordinary and Minister Plenipotentiary of the United States of America to China; Who having met and duly exchanged their full powers, which have been found to be in proper form, have agreed upon the following treaty between the two Countries:

SINO-FOREIGN TREATIES

Article I-All provisions which appear in the treaties hitherto concluded and in force between China and the United States of America relating to rates of duty on imports and exports of merchandise, drawbacks, transit dues and tonnage dues in China shall be annulled and become inoperative, and the principle of complete national tariff autonomy shall apply subject, however, to the condition that each of the High Contracting parties shall enjoy in the territories of the other with respect to the above specified and any related matters, treatment in no way discriminatory as compared with the treatment accorded to any other country.

The nationals of neither of the High Contracting Parties shall be com- pelled under any pretext whatever to pay, within the territories of the other Party any duties, internal charges or taxes upon their importations and ex- portions other or higher than those paid by nationals of the country or by nationals of any other country.

The above provisions shall become effective on January 1, 1929, provided that the exchange of ratifications hereinafter provided shall have taken place- by that date; otherwise, at a date four months subsequent to such exchange of ratifications.

Article II.-The English and Chinese texts of this Treaty have been care- fully compared and verified; but, in the event of there being a difference of meaning between the two, the sense as expressed in the English text shall be held to prevail.

This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional methods, and the ratifications shall be exchanged in Washington as soon as possible.

In testimony whereof, we, the undersigned, by virtue of our respective powers have signed this Treaty in duplicate in the English and Chinese- languages and have affixed our respective seals.

Done at Peiping, the 25th day of the 7th mouth of the 17th year of the Republic of China, corresponding to the 25th of July, 1928.

(Signed) T. V. SOONG.

(Signed) J. V. A. MACMURRAY

SINO-FRENCH TARIFF TREATY.

Treaty Regulating Customs Relations between the Republic of China and the French Republic.

(Translation from the French).

On September 29, 1928, Dr. C. T. Wang sent to Mr. Cosmé, the French Chargé d'Affaires at Peiping, a Note, suggesting that the tariff relations between China and France be readjusted on the basis of the principles which had been proposed to the British and other friendly Governments. As a result of the subsequent negotiations between Dr. Wang and Count de Martel, the French Minister, the following treaty was concluded on December 22, 1928:

The Republic of China and the French Republic, animated by the desire to further consolidate the ties of friendship which happily subsist between the two countries and to develop their commercial relations, have decided to conclude a Treaty and have, for this purpose, named as their respective Pleni- potentiaries, that is to say:

SINO-FOREIGN TREATIES

The President of the National Government of the Republic of China: His Excellency Dr. Chengting T. Wang, Minister for Foreign Affairs of the National Government of the Republic of China;

The President of the French Republic:

His Excellency Count D. de Martel, Minister Plenipotentiary and Envoy Extraordinary of the French Republic to China, Com- mander de la Legion d'Honneur,

Who, having communicated to each other their full powers, found in good and due form, have agreed upon the following Articles:

Article I.All the provisions which appear in the treaties hitherto con- cluded and in force between China and France relating to rates of duty on imports and exports of merchandise, drawbacks, transit dues and tonnage dues in China shall be annulled and become inoperative, and the principle, of complete autonomy shall henceforth apply in respect of the Customs tariff and related matters, subject, however, to the condition that each of the High Contracting Parties shall enjoy in the territories, possessions, colonies and protectorates of the other, in relation to the above specified and related mat- ters, treatment in no way less favourable than that effectively enjoyed by any other country.

Article II The Nationals of either of the High Contracting Parties shall not be compelled under any pretext whatever to pay within the territories possessions, colonies and protectorates of the other any duties, internal charges or taxes upon their importations and exportations higher or other than those paid by nationals of the country or by nationals of any other country.

Article III.--The present Treaty has been written in Chinese and French and the two texts have been carefully compared and verified, but in the event of there being a difference of meaning between the two, the French text shall be held to prevail.

The present Treaty shall be ratified as soon as possible and the ratifications shall be exchanged in Paris. It shall come into force on the day on which the two Governments shall have notified each other that ratification has been effected.

In faith whereof the respective Plenipotentiaries have signed the present Treaty in duplicate and have affixed thereto their seals.

Done at Nanking this twenty-second day of the twelfth month of the seventeenth year of the Republic of China, corresponding to the twenty-second day of December, nineteen hundred and twenty-eight.

(Signed) CHENGTING T. WANG. (Signed) D. DE MARTEL,

THE SINO-NORWEGIAN, SINO-NETHERLANDS,

AND SINO-SWEDISH TREATIES.

On September 12, 1928, Dr. C T. Wang sent practically identical notes to the Netherlands Minister and the Norwegian and Swedish Chargé d'Affaires at Peiping, suggesting the following points for the readjustment of the tariff relations between China and the Powers concerned:

1. All provisions contained in the treaties now existing between China and relating to rates of duty on imports and exports of merchandise, drawbacks, transit ducs and tonnage dues in China shall be annulled and the principle of complete national tariff autonomy shall apply.

2. In Customs and related matters the principle of reciprocal and undis criminatory treatment shall apply.

SINO-FOREIGN TREATIES

3. Contemplated Treaty to become effective on January 1st, 1929, if ratifi- cations have been exchanged before that date, otherwise on the day of such exchange of ratifications.

The texts of the Sino-Norwegian, Sino-Netherlands, and Sino-Swedish treaties, signed respectively on November 12, December 19, and December 20, are given below:

Treaty Regulating Tariff Relations between the Republic of China and the Kingdom of Norway.

The Republic of China and the Kingdom of Norway, both being animateď by an earnest desire to maintain the good relations which happily subsist between the two countries, and wishing to extend and consolidate the com- mercial intercourse between them, have, for the purpose of negotiating a treaty designed to facilitate these objects, named as their Plenipotentiaries:

The President of the National Government of the Republic of China:

Dr. Chengting T. Wang, Minister of Foreign Affairs of the

National Government of the Republic of China;

His Majesty the King of Norway:

Mr N. Aall, Chargé d'Affaires of Norway in China;

who, having met and duly exchanged their full powers, which have been found to be in proper form, have agreed upon the following Articles:

Article I. All provisions which appear in the treaties hitherto concluded and in force between China and Norway relating to rates of duty on imports and exports of merchandise, drawbacks, transit dues and tonnage dues in China shall be annulled and become inoperative, and the principle of com- plete national tariff autonomy shall apply subject, however, to the condition that each of the High Contracting Parties shall enjoy in the territories of the other with respect to the above specified and any related matters treatment in no way discriminatory as compared with the treatment accorded to any other country.

The nationals of neither of the High Contracting Parties shall be com- pelled under any pretext whatever to pay within the territories of the other Party any duties, internal charges or taxes upon their importations and ex- portations other or higher than those paid by nationals of the country or by nationals of any other country.

Article II.-The English and Chinese texts of the present Treaty have been carefully compared and verified; but, in the event of there being a difference of meaning between the two, the sense as expressed in the English text shall be held to prevail.

The present Treaty shall be ratified as soon as possible and shall come into force on the day on which the two Governments shall have notified each other that the ratification has been effected.

In testimony whereof the respective Plenipotentiaries have signed the pre- sent Treaty in duplicate in the Chinese and English languages and have affixed thereto their seals.

Done at Shanghai this twelfth day of the eleventh month of the seven- teenth year of the Republic of China, corresponding to the twelfth day of November, nineteen hundred and twenty-eight.

(Signed) CHENGTING T. WANG,

Plenipotentiary and Minister of Foreign Affairs of the National Government of the Republic of China

(Signed) N. AALL,

Plenipotentiary and Chargé ď▲ƒ-

faires of Norway in China.

SINO-FOREIGN TREATIES

Treaty Regulating Tariff Relations between the Republic of China and

the Kingdom of the Netherlands.

The National Government of the Republic of China and Her Majesty the Queen of the Netherlands, animated by an earnest desire to consolidate the ties of friendship which happily subsist between the two countries and to further develop their commercial relations, have with this object in view re- solved to conclude a treaty, and have for this purpose named as their respective Plenipotentiaries, that is to say:

His Excellency the President of the National Government of the Re-

public of China:

Dr. Chengting T. Wang, Minister for Foreign Affairs of the

National Government of the Republic of China;

Her Majesty the Queen of the Netherlands:

Mr. Willem Jacob Oudendijk, Commander in the Order of Orange Nassau, Knight in the Order of the Netherlands Lion, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary in China;

Who, having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles:

Article I. All provisions which appear in the treaties hitherto concluded and in force between China and the Kingdom of the Netherlands relating to rates of duty on imports and exports of merchandise, drawbacks, transit dues and tonnage dues in China shall be annulled and become inoperative, and the principal of complete national tariff autonomy shall apply subject. however, to the condition that each of the High Contracting Partics shall enjov in the territories, possessions and colonies of the other, with respect to the above specified and any related matters, treatment in no way discri- minatory as compared with the treatment accorded to any other country.

The nationals of neither of the High Contracting Parties shall be com- pelled under any pretext whatever to pay within the territories, possessions or colonies of the other Party any duties, internal charges or taxes upon their importations and exportations other or higher than those paid by nationals of the country or by nationals of any other country.

Article II.-The present Treaty is drawn up in two copies in the Chinese, Netherlands, and English languages. In the event of there being a difference of meaning between these texts, the sense as expressed in the English text shall prevail.

Article III. -The present Treaty shall be ratified by the High Contracting Parties as soon as possible and the instruments of ratification shall be ex- changed at Nanking. It shal! come into force on the day on which the two Governments shall have notified each other that the ratification has been effected.

In faith whereof, the respective Pienipotentiaries have signed the present Treaty in duplicate and have affixed thereto their seals.

Done at Nanking, this nineteenth day of the twelfth month of the seven- teenth year of the Republic of China, corresponding to the nineteen day of December, nineteen hundred and twenty-eight.

(Signed) CHENGTING T. WANG. (Signed) W. J. OUDENDIJK,

SINO-FOREIGN TREATIES

Treaty Regulating Tariff Relations between China and Sweden.

The Republic of China and the Kingdom of Sweden, mutually animated by a desire to maintain the ties of friendship which happily exist between the two countries and wishing to consolidate and extend the commercial in- tercourse between them, have for the purpose of negotiating a treaty designed to facilitate these objects, named as their Plenipotentiaries:

His Excellency the President of the National Government of the Re-

public of China:

Dr. Chengting T. Wang, Minister for Foreign Agairs of the

National Government of the Republic of China;

His Majesty the King of Sweden:

Baron C. Leijonhufvud, Chargé d'Affaires ad interim of Sweden in

Who, having exchanged their full powers found to be in due and proper form, have agreed upon the following treaty between the two countries.

Article I. All provisions which appear in treaties hitherto concluded and in force between China and Sweden relating to rates of duty on imports and exports of merchandise, drawbacks, transit dues and tonnage dues in China shall be annulled and become inoperative, and the principle of complete na- tional tariff autonomy shall apply subject, however, to the condition that each of the High Contracting Parties shall enjoy in the territories of the other with respect to the above specified and any related matters treatment in no way discriminatory as compared with the treatment accorded to any other country.

The nationals of neither of the High Contracting Parties shall be com- pelled under any pretext whatever to pay, within the territories of the other, any duties, internal charges or taxes upon their importations and exportations other or higher than those which are paid by nationals of the country or by nationals of any other country.

Article II.The present Treaty has been drawn up in two copies in Chinese, Swedish and English. In case of any difference of interpretation, the English text shall prevail.

Article III.-The present Treaty shall be ratified as soon as possible by the High Contracting Parties in accordance with their respective constitutional procedure, by Sweden subject to the approval of the Riksdag, and shall come into force on the day on which the High Contracting Parties shall have notified each other that ratification has been effected.

In testimony whereof, we, the undersigned, by virtue of our respective powers have signed this Treaty and have affixed our respective seals.

Done at Nanking the twentieth day of the twelfth month of the seven- teenth year of the Republic of China, corresponding to the twentieth day of December, nineteen hundred and twenty-eight.

(Signed) CHENGTING T. WANG. (Signed) CARL LEIJONHUFvud.

THE SINO-BRITISH TREATY.

In a Note dated August 30, 1928, Dr. Wang suggested to Sir Miles Lanip son, British Minister to China, the readjustment of the tariff relations be- tween China and Great Britain along the lines which were later propossed to the Norwegian, Netherlands and Swedish Governments.

The new Sino-British tariff treaty was signed on December 20, 1928. The text of the treaty is given below:

SINO-FOREIGN TREATIES

Tariff Autonomy Treaty between China and Great Britain.

His Excellency, the President of the National Government of the Re- public of China, and

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

Desiring to strengthen the good relations which happily exist between them and to facilitate and extend trade and commerce between their respec- tive countries,

Have resolved to conclude a treaty for this purpose and have appointed as their plenipotentiaries.-

His Excellency, the President of the National Government of the Re-

public of China:

His Excellency, Doctor Chengting T. Wang, Minister for Foreign

Affairs of the National Government of the Republic of China; His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India; For Great Britain and Northern Ireland:

Sir Miles Wedderburn Lampson, K.C. M.G., C.B., M.V.O., His Majesty's Envoy Entraordinary and Minister Plenipotentiary to the Republic of China;

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

Article I.-It is agreed that all provisions of the existing treaties between the High Contracting Parties which limit in any way the right of China to settle her national customs tariff in such way as she may think fit are hereby abrogated, and that the principle of complete national tariff autonomy shall apply.

Article II. The nationals of either of the High Contracting Parties shall not be compelled under any pretext whatsoever to pay in the territories of His Britannic Majesty to which the present Treaty applies and China res- pectively any duties, internal charges or taxes upon goods imported or ex- ported by them other than or higher than those paid on goods of the same origin by British and Chinese nationals respectively, or by nationals of any other foreign country.

Article III. His Britannic Majesty agrees to the abrogation of all provi- sions of the existing treaties between the High Contracting Parties which limit the right of China to impose tonnage dues at such rates as she may think fit.

In regard to tonnage dues and all matters connected therewith, Chinese ships in those territories of His Britannic Majesty to which the present treaty applies and British ships in China, shall receive treatment not less favourable than that accorded to the ships of any other foreign country..

Article IV. The present treaty shall be ratified and the ratifications shall be exchanged in London as soon as possible. It shall come into force on the date on which the two Parties shall have notified each other that ratification has been effected.

The Chinese and English texts of the present treaty have been carefully compared and verified; but in the event of there being a difference of meaning between the two the sense as expressed in the English text shall be held to prevail.

In witness whereof the respective plenipotentiaries have signed the present treaty in duplicate, and have affixed thereunto their seals.

Done at Nanking, the twentieth day of the twelfth month of the seven- teenth year of the Republic of China, corresponding to the twentieth day of December, nineteen hundred and twenty-eight.

(Signed) CHENGTING T. WANG. (Signed) MILES W. LAMPSON.

THE SINO-BELGIAN TREATY.

On August 4, 1928, Dr. C T. Wang notified Baron Guillaume, the Belgian Chargé d'Affaires at Peiping, that the Sino-Belgian Treaty of November 2, 1864 had long expired, and that for the purpose of readjusting the relations between the two countries the early conclusion of a new treaty was necessary. Dr. Wang suggested that

that negotiations be opened in Nanking and

in on November 22, 1928, the following Treaty was concluded between China and Belgium:

Preliminary Treaty of Amity and Commerce between the Republic of

China and the Union of Belgium and Luxemburg.

The National Government of the Republic of China and His Majesty the King of the Belgians, acting in his name and in the name of Her Royal Highness the Grand Duchess of Luxemburg in virtue of existing agreements, being mutually animated by a desire to further strengthen the ties of friend- ship already happily existing between China and the Union of Belgium and Luxemburg, have decided to conclude a Preliminary Treaty of Amity and Commerce and have, for this purpose, named as their plenipotentiaries that is to say:

His Excellency the President of the National Government of the Re-

public of China:

Dr. Chengting T. Wang, Minister for Foreign Affairs of the

National Government of the Republic of China;

His Majesty the King of the Belgians:

Baron J. Guillaume, Charge d'Affaires ad interim of Belgium in

Who, having exchanged their full powers found to be in due and proper form, have agreed upon and concluded the following Articles:

Article I.-The two High Contracting Parties recognize that, in the matter of customs and all related matters, they are on a footing of perfect equality, and on the basis of this principle they agree that such matters shall be re- gulated exclusively by their respective national laws.

It is further agreed that, in respect of all questions of customs as well as all questions relating thereto, neither of the two High Contracting Parties shall be subject, in the territory of the other, to a treatment less favourable than that accorded to any other country.

In no case shall the nationals of one of the High Contracting Parties be compelled to pay, in the territory of the other, with respect to the importation as well as exportation of merchandise, customs dues, transit taxes, or taxes of any other kind other or higher than those which are paid by the nationals or the nationals of any other country.

Article II The nationals of each of the two High Contracting Parties shall be subject, in the territory of the cther Party, to the laws and the jurisdiction of the law courts of that Party.

Article III. The two High Contracting Parties shall as soon as possible enter into negotiations with a view to the conclusion of a Treaty of Com- merce and Navigation based upon the principle of reciprocity and equality of treatment.

Article IV The present Treaty is written in Chinese, French and English; in case of any difference of interpretation, the English text shall be held to be authoritative.

SINO-FOREIGN TREATIES

Article V.-The present Treaty shall be ratified as soon as possible and the ratifications shall be exchanged at Nanking. It shall come into force on the day on which the two Governments shall have notified each other that the ratification has been effected.

In testimony whereof, the respective Plenipotentiaries have signed the present Treaty in duplicate and have affixed their seals thereto.

Done at Nanking this twenty-second day of the eleventh month of the seventeenth year of the Republic of China corresponding to the twenty-second day of November, nineteen hundred and twenty-eight.

(Signed) CHENGTING T. WANG

Plenipotentiary and Minister for Foreign Affairs of the National Government of the Republic of China.

(Signed) BARON J. GUILLAUME

Plenipotentiary and Charge d'Af- faires ad interim of Belgium in China,

THE SINO-SPANISH TREATY.

On November 24, 1927, Dr. C. C. Wu, then Nationalist Minister for Foreign Affairs, notified Mr. Garrido, the Spanish Minister at Peiping (Peking) that the Sino-Spanish Treaty of October 10, 1864, had expired and become in- operative. Shortly afterwards, on December 2, the following Provisional Re- gulations pending the conclusion of a new Sino-Spanish Treaty were issued by the Nationalist Government:

Provisional Regulations Pending Conclusion of New Treaty between China and Spain.

(1.) The Diplomatic and Consular representatives of Spain in China shall receive the treatment accorded to such officials by the general rules of international law.

(2) The persons and property of Spanish subjects in China shall receive protection according to Chinese law.

(3) Spanish subjects resident in China shall be amenable to Chinese law and subject to the jurisdiction of Chinese courts.

(4) Civil and criminal actions in China involving Spanish subjects shall be dealt with according to the procedure governing nationals of non-treaty countries.

(5) Imports into China from Spain or by Spanish subjects and exports from China destined for Spain shall be subject to the customs tariff as applied to non-treaty countries and their nationals.

(6) Spanish subjects in China shall pay such taxes and dues as are paid by Chinese citizens.

(7) All matters not specifically covered by the above provisions shall be dealt with and adjusted according to the general rules of international law and according to Chinese law.

Nanking, 2nd December, 1927.

SINO-FOREIGN TREATIES

Preliminary Treaty of Amity and Commerce between the Republic of China and the Kingdom of Spain.

The Republic of China and the Kingdom of Spain, being equally animated by the desire to strengthen the ties of friendship which happily subsist between the two countries and to promote and consolidate their commercial relations, have resolved to conclude a Preliminary Treaty for Amity and Commerce, and have, for this purpose, named as their Plenipotentiaries, that is to say:

His Excellency the President of the National Government of the Re-

public of China:

Dr. Chengting T. Wang, Minister for Foreign Affairs of the

National Government of the Republic of China:

His Majesty the King of Spain:

Don Justo Garrido Y. Cisneros, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of Spain to China; Who having met and communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles:

Article I.-The two High Contracting Parties agree that the customs tariff and all matters related thereto shall be regulated exclusively by their respective national legislation.

It is further agreed that each of the High Contracting Parties shall enjoy in the territories of the other, with regard to customs and all related matters, treatment in no way less favourable than the treatment accorded to any other country.

The nationals of each of the High Contracting Parties shall not be com- pelled, under any pretext whatever, to pay within the territories of the other Party any duties, internal charges or taxes upon the importation or exporta- tion of goods, other or higher than those paid by the nationals of the country or by the nationals of any other country.

Article II.--The nationals of each of the High Contracting Parties shall be subject, in the territories of the other Party, to the laws and jurisdiction of the law courts of that Party, to which they shall have free and easy access for the enforcement and defence of their rights.

Article III. The two High Contracting Parties have decided to enter as soon as possible into negotiations for the purpose of concluding a Treaty of Commerce and Navigation based on the principles of absolute equality and non-discrimination in their commercial relations and mutual respect for sovereignity.

Article IV. The present Treaty has been drawn up in two copies in the Chinese, Spanish and English languages. In the event of there being any difference of meaning, the English text shall be held to prevail.

Article V. The present Treaty shali be ratified as soon as possible and shall come into force on the day on which the two Governments shall have notified each other that ratification has been effected.

In faith whereof, the respective Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.

Done at Nanking this twenty-seventh day of the twelfth month of the seven- teenth year of the Republic of China, corresponding to the twenty-seventh day of December, nineteen hundred and twenty-eight.

(Signed) CHENGTING T. Wang.

(Signed) GARRIDO Y. CISNEROS.

THE SINO-PORTUGUESE TREATY.

On April 16th, 1928 General Huang Fu, then Nationalist Minister for Foreign affairs, notified Mr. J. A. Bianchi, the Portuguese Minister, that the Sino-Portuguese Treaty of 1887 would expire on April 28th, and after various negotiations the following treaty was signed on December 19, 1928.

Preliminary Treaty of Amity and Commerce between the Republic of China and the Republic of Portugal.

The Republic of China and the Republic of Portugal, being equally ani- mated by the desire to strengthen the ties of friendship which have happily subsisted between the two countries for more than four hundred years and to promote and consolidate their commercial relations, have resolved to conclude a Preliminary Treaty of Amity and Commerce, and have for this purpose, named as their Plenipotentiaries, that is to say:

His Excellency the President of the National Government of the Re-

public of China:

Dr. Chengting T. Wang, Minister for Foreign Affairs of the

National Government of the Republic of China;

His Excellency the President of the Republic of Portugal:

Mr. Joao Antonio de Bianchi, Grand Cross of the Order of Christ.

Officer of the Order of St. Tiago de Espada and Grand Cross of Chia Ho, Envoy Extraordinary and Minister, Plenipotentiary of the Republic of Portugal to China;.

Who, having met and communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles:

Article I.The two High Contracting Parties agree that the customs tariff and all matters related thereto shall be regulated exclusively by their respective. national legislations.

It is further agreed that each of the two High Contracting Parties shail enjoy in the territories of the other, with respect to custonis and all related matters, treatment in no way less favourable than the treatment accorded to any other country..

The nationals of each of the two High Contracting Parties shall not be compelled, under any pretext whatever, to pay within the territories of the other Party any duties, internal charges or taxes upon the importation cr exportation of merchandise, higher or other than those paid by the nationals of the country or by the nationals of any other country.

Article II.-The nationals of each of the two High Contracting Parties shall be subject, in the territories of the other Party, to the laws and jurisdic- tion of the law courts of that Party, to which they shall have free and easy access for the enforcement and defence of their rights.

Article III.--The two High Contracting Parties have decided to enter as soon as possible into negotiations for the purpose of concluding a Treaty of Commerce and Navigation based on the principles of absolute equality and non-discrimination in their commercial relations and mutual respect for sovereignty.

Article IV. The present Treaty has been drawn up in two copies in Chinese, Portuguese, and English. In case of any difference of interpretation, the English text shall be held to prevail.

SINO-FOREIGN TREATIES

Article V. The present Treaty shall be ratified as soon as possible and shall come into force on the day on which the two Governments shall have notified each other that the ratification has been effected.

In faith whereof, the respective Plenipotentiaries have signed the present Treaty and have affixed thereunto their seals.

Done at Nanking this nineteenth day of the twelfth month of the seventeenth year of the Republic of China, corresponding to the nineteenth day of December, nineteen hundred and twenty-eight.

(Signed) CHENGTING T. WANG. (Signed) JOAO ANTONIO DE BIANCHI.

SINO-ITALIAN TREATY.

The new treaty between China and Italy was signed on November 27th., 1928 The text of the treaty is as follows:

Preliminary Treaty of Amity and Commerce between the Republic of China and the Kingdom of Italy.

The Republic of China and the Kingdom of Italy, being equally animated by the desire to strengthen the ties of friendship which happily subsist between the two countries and to promote and consolidate their commercial relations have resolved to conclude a Preliminary Treaty for Amity and Commerce, and have, for this purpose, named as their Plenipotentiaries, that is to say:

His Excellency the President of the National Government of the Re-

public of China:

Dr. Chengting T. Wang, Minister for Foreign Affairs of the Na-

tional Government of the Republic of China:

His Majesty the King of Italy:

Mr. Daniele Vare, Commander of the Order of the Crown of Italy, Officer of the Order of S.S. Maurice and Lazarus, Envoy Ex- traordinary and Minister Plenipotentiary of His Majesty the King of Italy to China;

Who, having met and communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles:

Article I.--The two High Contracting Parties agree that the Customis tariff and all matters related thereto shall be regulated exclusively by their respective national legislations.

It is further agreed that each of the High Contracting Parties shall en- joy in the territory of the other, with regard to customs and all related mat- ters, treatment in no way less favourable that the treatment accorded to any other country.

The nationals of each of the High Contracting Parties shall not be com- pelled, under any pretext whatever, to pay within the territories of the other Party any duties, internal charges or taxes upon the importation or exporta. tion of goods, other or higher than those paid by the nationals of the country or by the nationals of any other country.

Article II. The nationals of each of the High Contracting Parties shall ' be subject, in the territory of the other Party, to the laws and jurisdiction of the law courts of that Party, to which they shall have free and easy access for the enforcement and defence of their rights.

SINO-FOREIGN TREATIES

Article III.-The two High Contracting Parties have decided to enter as soon as possible into negotiations for the purpose of concluding a Treaty of Commerce and Navigation based on the principles of absolute equality and non-discrimination in their commercial relations and mutual respect for sovereignty.

Article IV. The present Treaty has been drawn up in two copies in the Chinese, Italian and English languages. It the event of there being any difference of meaning, the English text shall be held to prevail.

Article V-The present Treaty shall be ratified as soon as possible and shall come into force on the day on which the two Governments shall have notified each other that the ratification has been effected.

In faith whereof, the respective Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.

Done at Nanking this twenty-seventh day of the eleventh month of the seventeenth year of the Republic of China, corresponding to the twenty- seventh day of November, nineteen hundred and twenty-eight (the seventh year of the Fascist Era.)

(Signed) CHENGTING T. WANG.

Plenipotentiary and Minister for Foreign Affairs of the National Government of the Republic of China,

(Signed) DANIELE VARE,-

Plenipotentiary and Envoy Extra- ordinary and Minister Plenipoten- tiary of His Majesty the King of Italy to China.

SINO-DANISH TREATY

On December 12, 1928, the new Sino-Danish preliminary treaty was signed, the text of which is as follows:

Preliminary Treaty of Amity and Commerce between the Republic of

China and the Kingdom of Denmark.

The Republic of China and the Kingdom of Denmark, being equally animated by the desire to strengthen the ties of friendship which happily subsist between the two countries and to promote and consolidate their com- mercial relations, have resolved to conclude a Preliminary Treaty for Amity and Commerce, and have, for this purpose, named as their Plenipotentiaries, that is to say:

His Excellency the President of the National Government of the Re-

public of China:

Dr Chengting T. Wang, Minister for Foreign Affairs of the

National Government of the Republic of China;

His Majesty the King of Denmark and Iceland:

Mr. Henrik de Kauffmann, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of Denmark and Iceland, to China;

Who, having met and communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles: Article I.-The two High Contracting Parties agree that the Customs tariff and all matters related thereto shall be regulated exclusively by their respec- tive national legislations.

It is further agreed that each of the High Contracting Parties shall enjoy in the territory of the other, with regard to Customs and all related matters, treatment in no way less favourable than the treatment accorded to any other country.

SINO-FOREIGN TREATIES

Article II. The nationals of each of the two High Contracting Parties. shall be subject, in the territory of the other Party, to the laws and jurisdic- tion of the law courts of that Party, to which they shall have free and easy access for the enforcement and defence of their rights.

Article IV. The present Treaty has been drawn up in two copies in the Chinese, Danish and English languages. In the event of there being any dif ference of meaning, the English text shall be held to prevail.

In faith whereof, the respective Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.

Done at Nanking this twelfth day of the twelfth month of the seventeenth year of the Republic of China, corresponding to the twelfth day of December, nineteen hundred and twenty-eight.

(Signed) CHENGTING T. Wang.

Plenipotentiary and Minister for Foreign Affairs of the National Government of the Republic of China,

(Signed) HENRI KAUFFMANN

Envoy Extraordinary and Minis- ter Plenipotentiary of His Majesty the King of Denmark and Ice- land, to China.

THE SINO-GERMAN TREATY.

The Sino-German tariff treaty was signed on August 17, 1928.

Treaty between China and Germany.

The Republic of China, and the German Reich, animated by the desire to further consolidate the ties of friendship which happily exist between the two countries and to extend and facilitate the commercial relations between the two countries, have, for this purpose, decided to conclude a treaty and have named as their Plenipotentiaries, that is to say:

The President of the Council of the Nationalist Government of the Re-

public of China:

Dr. Chengting T. Wang, Minister for Foreign Affairs;

The President of the German Reich:

Mr. H. von Borch, Envoy Extraordinary and Minister Plenipo-

tiary of the German Reich to China.

Who, having communicated to each other their full powers and found them to be in good and due form, have agreed upon the folowing treaty between the two countries:

SINO-FOREIGN TREATIES

Article I. For the purpose of attaining absolute equality of treatment in Customs matters and in supplementing the arrangements between China and Germany of the 20th of May 1921, the two High Contracting Parties agree that in all Customs and related matters either of the High Contracting Parties shall not, within the territories of the other Party, be subject to any discri- minatory treatment as compared with the treatment accorded to any other country.

The nationals of each of the High Contracting Parties shall under no circumstances be compelled to pay within the territories of the other Party higher or other duties, internal charges or taxes whatsoever upon the importa- tion or exportation of goods than those paid by nationals of the country or by nationals of any other country.

The provision in the exchange of notes annexed to the Sino-German agree- ment of May 20, 1921, according to which German import goods shall pay duties in accordance with the General Tariff Regulations prior to the general application of the Automous Tariff Regulations, shall be hereby annulled.

Article II. The two High Contracting Parties will enter as soon as pos- sible into negotiations for the purpose of concluding a Treaty of Commerce and Navigation based on the principle of perfect parity and equality of treat- ment.

Article III. The present treaty has been drawn up in Chinese, German and English; in case of a difference of interpretation the English text shall pre- - vail.

Article IV. The present treaty shall be ratified as soon as possible and shall become valid on the day on which the two Governments shall have noti- fied each other that the ratifications have been effected.

Done in duplicate at Nanking on the seventeenth day of the Eighth month of the seventeenth year of the Republic of China, corresponding to the seven- teenth day of August, nineteen hundred and twenty-eight.

(Signed) CHENGTING T. WANG. (Signed) H. VON BORCH.

THE ANTI-WAR TREATY (KELLOGG PACT).

Excellency:

1.-UNITED STATES, INVITATION TO CHINA.

Legation of the United States of America Peking, August 27, 1928.

I have the honour to inform you that the Governments of Germany, the United States of America, Belgium, France, Great Britain, Canada, Australia, New Zealand, South Africa, The Irish Free State, India, Italy, Japan, Poland, and Czecho-Slovakia have this day signed in Paris a treaty binding them to renounce war as an instrument of national policy in their relations with one another and to seek only by pacific means the settlement of or solution of all disputes which may arise among them.

This treaty, as Your Excellency is aware, is the outcome of negotiations which commenced on June 20, 1927, when M. Briand, Minister for Foreign Affairs of the French Republic, submitted to my Government a draft of a pact of perpetual friendship between France and the United States. In the course of the subsequent negotiations this idea was extended so as to include as original signatories of the anti-war treaty not only France and the United

KELLOGG PACT

States but also Japan, the British Empire and all the Governments which participated with France and Great Britain in the Locarno agreements, namely, Belgium, Czecho-Slovakia, Germany, Italy, and Poland. This procedure met the point raised by the British Government in its note of May 19, 1928, where it stated that the treaty from its very nature was not one which concerned that Government alone but was one in which that Government could not undertake to participate otherwise than jointly and simultaneously with the Government in the Dominions and the Government of India; it also settled satisfactorily the question whether there was any inconsistency between the new treaty and the treaties of Locarno, thus meeting the observations of the French Govern- ment as to the necessity of extending the number of original signatories.

The decision to limit the original signatories to the Powers named above, that is, to the United States, Japan, the parties to the Locarno treaties, the British Dominions, and India was based entirely upon practical considerations. It was the desire of the United States that the negotiations be successfully con- cluded at the earliest possible moment and that the treaty become operative without the delay that would inevitably result were prior universal acceptance made a condition precedent to its coming into force. My Government felt, moreover, that if these Powers could agreed upon a simple renunciation of war as an instrumtnt of national policy, there could be no doubt that most if not all the other Powers of the world would find the formula equally acceptable and would hasten to lend their unqualified support to so impressive a nove ment for the perpetuation of peace. The United States has, however, been anxious from the beginning that no state should feel deprived of an opport- unity to participate promptly in the new treaty and thus not only align itself formally and solemnly with this new manifestation of the popular demand for world peace but also avail itself of the identical benefits enjoyed by the original signatories. Accordingly, in the draft treaty proposed by it, the United States made specific provision for participation in the treaty by any and every Power desiring to identify itself therewith and this same provision is found in the definitive instrument signed to-day in Paris. It will also be observed that the Powers signing the treaty have recorded in the preamble their hope that every nation of the world will participate in the treaty and in that connection I am happy to be able to report that my Government has already received from several Governments informal indications that they are prepared to do so at the earliest possible moment. This convincing evidence of the world wide interest and sympathy which the new treaty has evoked is most gratifying to all the Governments concerned.

In these circumstances I have the honour formally to communicate to Your Excellency for your consideration, and for the approval of your Gov- ernment, if it concurs therein, the text of the above-mentioned treaty as signed to-day in Paris, omitting only that part of the preamble which names the several plenipotentiaries. The text is as follows:

"The President of the German Reich, the President of the United States of America, His Majesty the King of the Belgians, the President of the French Republic, His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of Poland, the President of the Czecho-Slovakian Republic, deeply sensible of their solemn duty to promote the welfare of mankind;

"Persuaded that the time has come when a frank prescription of war as an instrument of national policy should be made to the end that the peaceful and friendly relations now existing between their peoples may be perpetuated:

"Convinced that all changes in the relations with one another should be sought only by pacific means and be the result of peaceful and orderly process and that any signatory Power which shall hereafter seek to pro- mote its national interests by resort to war should be denied the benefits furnished by this treaty;

KELLOGG PACT

"Hopeful that encouraged by their example all the other nations of the world will join in this humane endeavour and by adhering to the present treaty as soon as it comes into force, bring their peoples within the scope of its beneficent provisions, thus uniting the civilized nations of the world in a common renunciation of war as an instrument of their national policy:

"Have decided to conclude a treaty and for that purpose have ap- pointed as their respective plenipotentiaries (here follows the list of plen- ipotentiaries) who, having communicated to one another their full powers found in good and due form have agreed upon the following articles:

"Article I.-First, solemnly declare in the name of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another.

"Article II.-The High Contracting Parties agree that the settlement or solution of all disputes of conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means

Article III.-The present treaty shall be ratified by the High Con- tracting Parties named in the preamble in accordance with their respective constitutional requirements, and shal! take effect as between them as soon as all their several instruments of ratification shall have been deposited at Washington.

"This treaty shall, when it has come into effect as prescribed in the preceding paragraph, remain open as long as may be necessary for adher- ence by all the other Powers of the world. Every instrument evidencing the adherence of a Power shall be deposited at Washington and the treaty shall immediately upon its deposit become effective as between the Power thus adhering and the other Powers parties hereto.

"It shall be the duty of the Government of the United States to furnish each Government named in the preamble and every Government subsequently adhering to this treaty with a certified copy of the treaty and of every instrument of ratification or adherence. It shall also be the duty of the Government of the United States telegraphically to notify such Governments immediately upon the deposit with it of each instrument of ratification cr adherence.

"In faith whereof the respective plenipotentiaries have signed this treaty in the French and English languages, both texts having equal force, and hereunto affixed their seals.

"Done at Paris the 27th day of August in the year one thousand nine hundred and twenty-eight."

The provisions regarding ratification and adherence are, as Your Ex- cellency will observe, found in the third and last Article. That Article pro- vides that the treaty shall take effect as soon as the ratifications of all the Powers named in the preamble shall have been deposited in Washington and that it shall be open to adherence by all the other Powers of the world, in- struments evidencing such adherence to be deposited in Washington also. Any Power desiring to participate in the treaty may thus exercise the right to adhere thereto and my Government will be happy to receive at any time appropriate notices of adherence from those Governments wishing to contribute to the success of this new movement for world peace by bringing their peoples within its beneficent scope. It will be noted, in this connection that, the treaty expressly provides that when it has once come into force it shall take effect immediately between an adhering Power and the other Parties thereto, and it is therefore lear that any Government adhering promptly will fully share in the benefits of the treaty at the very moment it comes into effect.

KELLOGG PACT

I shall shortly transmit for Your Excellency's convenient reference a printed pamphlet containing the text in translation of M. Briand's original proposal to my Government of June 20, 1927, and the complete record of the subsequent diplomatic correspondence on the subject of a multilateral treaty for the renunciation of war. I shall also transmit, as soon as received from my Government, a certified copy of the signed treaty.

I avail myself of this opportunity to extend to Your Excellency the renewed assurance of my highest consideration.

(Signed) MAHLON F. PERKINS,

Chargé d'Affaires.

2.-CHINA'S ACCEPTANCE.

Excellency:

Nanking, Sept. 13, 1928.

I have the honour to acknowledge the receipt of your communication dated August 27 in which the Government of the United States of America presents for my consideration and for the approval of my Government the text of a treaty that was signed on the same day in Paris by the Governments of Ger- many, the United States of America, Belgium, France, Great Britain, Canada, Australia, New Zealand, South Africa, the Irish Free State, India, Italy, Japan, Poland, and Szecho-Slovakia binding them to renounce war as an instrument of national policy in their relations with one another and to seek only by pacific means the settlement or solution of all disputes which may arise among them.

"The ideals which are embodied in this treaty of extraordinary significance are the foundation on which the national life of the Chinese people is con- structed and I wish, therefore, immediately to avail myself of this opportunity to inform you that this impressive movement for the perpetuation of universal peace and for the advancement of world civilization, aroused our sympathetic interest from the very beginning and that in its present form as a definitive treaty, my Government has decided to adhere to it without delay.

The Chinese Government and people feel' deeply confident that the inter- dependence of the different nations of the world is making it increasingly manifest to all thinking minds that the renunciation of war and a frank avowal of the need of friendly relations is the only means to save civilization from the danger of destruction. We are, indeed, brought before the supreme test whether, after those painful experiences of a few years ago which still linger in our memory, we are not yet convinced of the absolute necessity of a real spirit of mutual co-operation to guide us in our national policies to- wards one another. It is therefore a source of profound satisfaction to see that this action of momentous importance, so ably sponsored by the United States of America, is receiving universal response.

As you are aware, the whole conception of life among our people centres round the ideal of harmony. It is indeed difficult, if not impossible, to find in all our thinkers a view of life which justifies conflict in any form as the basis of a national policy, and I venture to think that it is this idea of harmony and peace which accounts for the stability of our civilization and the extraordinary length of our history. The present treaty to renounce war is, in fact, a vindication of the teachings of our revered ancestors, and especially as these teachings, which have been amplified by our late leader, Dr. Sun Yat-sen, so clearly embodied in such noble principles as Universal Justice and The Brotherhood of Nations, are also at the present moment being applied in the building up of a new China, the Chinese people are prepared to join with America and the other signatory Powers with more than the usual enthusiasm in endeavouring to attain the noble ends of peace.

We are deeply sensible, however, that in order to make war really im- possible, it is necessary to eliminate all causes which are likely to give rise to any international dispute, and rigidly to uphold the principle of equality

EXTRATERRITORIALITY

and mutual respect for territorial sovereignty among all nations. My Gov- ernment, therefore, firmly believes that all the signatory Powers will abide by the spirit of the present treaty and remove, at the earliest opportunity, all of China's unequal treaties and encroachments upon her sovereignty, as for instance, the stationing of large numbers of alien troops on her soil. For it is clear that a free and independent China is one of the most vital factors, whereby permanent world peace may be promoted and strengthened.

I avail myself of this opportunity to extend to you the assurance of my highest consideration.

(Signed) WANG CHENG-TING,

Minister for Foreign Affairs.

EXTRATERRITORIALITY.

On April 27, 1929, the Minister for Foreign Affairs addressed Notes to the British, American, Brazilian, Dutch, French and Norwegian Envoys, urging the early abolition of extraterritoriality. The Notes were similar in wording, those addressed to the British, American and French Ministers being identical.

The text of the Notes to the British, American and French Ministers is as follows:-

Your Excellency:

Ministry of Foreign Affairs,

Nanking. April 27,1929.

I have the honour to recall to Your Excellency that the Chinese Govern- ment, through its representatives, had had occasion to express at the Paris Peace Conference its strong desire for the removal of limitations on China's jurisdictional sovereignty imposed upon her by the old treaty concluded between China and the foreign Powers and that the Chinese Delegation emphatically reiterated the same desire at the Washington Conference, which placed on record its sympathetic disposition towards furthering the aspiration of China for the removal of restrictions on her political, jurisdictional and administra- tive freedom of action.

With the unification of China and the establishment upon a firm founda- tion of the National Government, a new era has been happily inaugurated in the relations between our two countries through the conclusion of the recent Tariff Treaty, and it is to be confidently hoped that the material well-being of our two countries will henceforth be greatly enhanced. But it is the belief and the conviction of the Chinese Government that the promotion of such material well-being will be accelerated by a readjustment of the relations be- tween our two countries on a basis of friendly equality in matters of juris- diction, and if Your Excellency's Government could see its way to meet the wishes of the Chinese Government and people in this regard, it is certain that another obstacle to the full and frank co-operation, in trade or other- wise, between the Chinese people and foreign nationals in this country would be happily removed and that the desire of the Chinese Government for promoting to the fullest extent the material interests of all who choose to associate themselves with our own people would find its early realization.

It goes without saying that extraterritoriality in China is a legacy of the old regime, which has not only ceased to be adaptable to the present-day conditions, but has become so detrimental to the smooth working of the judicial and administrative machinery of China that her progress as a member of the Family of Nations has been unnecessarily retarted. The inherent defects and inconveniences of the system of consular jurisdiction have been most clearly pointed out by the Chinese Government on various occasions and also by the jurists and publicists of other countries in their official utterances as

EXTRATERRITORIALITY

well as in their academic discussions. It is a matter for sincere regret that, while many Governments which are playing an important role in interna- tional affairs are eager and persistent in their endeavour to promote geniune friendship and harmony among nations, such anachronistic practices as only tend to mar the friendly relations between the Chinese people and foreign nationals should be allowed to exist at a time when justice and equity are supposed to govern the relations of nations.

With the close contact between China and the foreign Powers, the assi- milation of western legal conceptions by Chinese jurists and incorporation of western legal principles in Chinese jurisprudence have proceeded very rapidly. In addition to the numerous codes and laws now in force, the Civil code and the Commercial code have reached the final stage of preparation and will be ready for promulgation before January 1st, 1930. Courts and prisons, along modern lines, have been established, and are being established, throughout the whole country.

Inasmuch as doubt has been entertained with regard to the advisability of relinquishing extraterritorial privileges at this juncture by the interested Powers, it may be pointed out that certain countries, having ceased to enjoy extraterritorial privileges in China, have found satisfaction in the protection given to their nationals by Chinese law and have had no cause for complaint that their interests nave been in any way prejudiced. Your Excellency's Government may, therefore, rest assured that the legitimate rights and in- terests of your nationals will not be unfavourably affected in the least by the relinquishment of the exceptional privileges which they now possess.

As Your Excellency's Government has always maintained a friendly atti- tude towards China and has always shown its readiness in the adoption of measures for the removal of limitations on China's sovereignity, I am happy to express to Your Excellency, on behalf of the Chinese Government, desire of China to have the restrictions on her jurisdictional sovereignty re- moved at the earliest possible date and confidently hope that Your Excellency's Government will take this desire of China into immediate and sympathetic consideration and favour nie with an early reply so that steps may be taken to enable China, now unified and with a strong Central Government, to right- fully assume jurisdiction over all nationals within her domain.

I avail myself of this opportunity to renew to Your Excellency the as- surnce of my highest consideration.

His Excellency

(Signed) CHENGTING T. WANG.

Minister of Foreign Affairs.

THE AMERICAN REPLY.

Peking, Aug. 10. 1929.

Dr. Chengting T. Wang,

Minister for Foreign Affairs,

Excellency:

Nanking.

I have the honour to acknowledge the receipt of the Chinese Government's Note of April 27th in which there is expressed the desire that the United States should relinquish the further exercise of extraterritorial jurisdiction over its citizens in China and the hope that the American Government will take this desire into inmediate and sympathetic consideration.

I am directed by my Government to state that it is prepared to give sympathetic consideration to the desires expressed by the Chinese Govern- ment, giving at the same time, as it must, due consideration to the responsi- bilitics which rest upon the Government of the United States in connection

EXTRATERRITORIALITY

with the problem of jurisdiction over the persons and property of American citizens in China. My Government, has, in fact, for some time past given constant and sympathetic consideration to the national aspirations of the people of China, and it has repeatedly given concrete evidence of its desire to promote the realization of these aspirations in so far as action of the United States may contribute to that result. As long ago as the year 1903, in Article 15 of the Treaty concluded in that year between the United States and China, the American Government agreed that it would be prepared to relinquish the jurisdiction which it exercised over its nationals in China "when satisfied that the state of the Chinesc laws, the arrangements for their ad- ministration, and other considerations warrant it in so doing." As recently as last year, the American Government gave very definite evidence of its desire to promote the realization of China's aspirations by concluding with the Government of China, on July 23, 1928, a Treaty by which the two countries. agreed to cancellation of provisions in earlier treaties whereby China's authority in reference to Customs duties on goods imported into China by American nationals had been restricted.

The exercise by the United States of jurisdiction over its citizens in China had its genesis in an early agreement that, because of differences be- tween the customs of the two countries and peoples, and differences between their judicial systems, it would be wise to place upon the American Govern- ment the duty of extending to American nationals in China the restraints and the benefits of the system of jurisprudence to which they and their fellow nationals were accustomed in the United States.

My Government deems it proper at this point to remind the Government of China that this system of American jurisdiction as administered by the extraterritorial courts has never been extended by the United States beyond the purposes to which it was by the Treaties originally limited. Those pur- poses were the lawful control and protection of the persons and property of American citizens who have established themselves in China in good faith in accordance with the terms of the Treaties and with the knowledge and con sent of China in the normal development of the commercial and cultural rela- tions between the two countries. The United States has never sought to extend its sovereignty over any portion of the territory of China.

Under the provisions of the Treaty of 1814, and other agreements concluded thereafter which established that system, American citizens have lived and have carried on their legitimate enterprises in China with benefit both to the Chinese and to themselves. They have engaged extensively in cultural and in commercial enterprises involving large sums of money and extensive pro- perties, and, as your Government has so graciously indicated in the Note under acknowledgement, there has grown up and existed between the peoples and the Governments of the two countries a friendship that has endured. The American Government believe that this condition of affairs has been due in large part to the manner in which the relations between the two peoples have been regulated under the provisions of these agreements, the existence of which has assured to the lives and property of American citizens in China the security so necessary to their growth and development.

For the safety of life and property, the development and continuance of legitimate and beneficial business depend in the last resort, in China, as elsewhere, upon the certainty of protection from injury or confiscation by a system of known law consistently interpreted and faithfully enforced by an independent judiciary. Where such protection fails, the life and liberty of the individual become subject to the constant threat of unlawful attack, while his property suffers the ever-present danger of confiscation in whole or in part through arbitrary administrative action. To exchange an assured and tried system of administration of justice, and under which it is acknowledged that life and property have been protected and commerce has grown and prospered, for uncertainties in the absence of an adequate body of law and of an experienced and independent judiciary would be fraught with danger in both of the foregoing respects.

EXTRATERRITORIALITY

My Government has instructed me to say that the statement of the Minister of Foreign Affairs of China, telegraphed to the press of the United States on July 26th, to the effect that "all foreign interests in China purely for legitimate purposes will be duly respected" has been noted by it with pleasure as indicating that the Government of China has not failed to appre- ciate the value to its foreign relations of the factors above mentioned. My Government bids me add that it is therefore persuaded that the Government of China will concur in its belief based as it is upon the facts set forth in succeeding paragraphs, that the sudden abolition of the system of protection by its extraterritorial courts in the face of conditions prevailing in China to-day would in effect expose the property of American citizens to danger of unlawful seizure and place in jeopardy the liberty of the persons of American citizens.

The Chinese Government has, on several occasions during recent years, expressed the desire that the Powers relinquish the exercise of extraterritorial jurisdiction over their citizens In the Note under acknowledgment reference is made to the position taken at the Washington Conference. It will be re- called that, in pursuance of the resolution adopted at that Conference, there. was created a Commission to inquire into the present practice of extraterri- torial jurisdiction in China and into the laws and the judicial system and the methods of judicial administration of China, and that, under date of Sept. ember 16, 1926, that Commission made its report. This report contained an account of the conditions then prevailing in the judicial system of China, as well as a number of recommendations carefully suggested as indicating the changes and improvements which would be necessary before there would be adequately developed a system of known law and an independent judiciary capable of justly controlling and protecting the lives and property of the citizens of foreign countries doing business in China. Your Government will recall that the Commission on Extraterritoriality which made these recom-* mendations was composed of representatives from thirteen countries including both China and the United States and that its recommendations thoughtfully and reasonably conceived were unanimously adopted and were signed by all of the Commissioners.

Because of its friendship for the Chinese people and its desire, to which allusion has been already made, to relinquish as soon as possible extraterri- torial jurisdiction over its own citizens in China, my Government has followed with attentive consideration this entire subject, including particularly the progress which has been made in carrying out its recommendations since the rendition of this report.

It fully appreciates the efforts which are being made in China to assimilate those western judical principles to which your Government has referred in its Note, but it would be lacking in sincerity and candour, as well as disre- gardful of its obligations towards its own nationals, if it did not frankly point out that the recommendations aforesaid have not been substantially carried out and that there does not exist in China to-day a system of independent Chinese courts free from extraneous influence which is capable of adequately doing justice between Chinese and foreign litigants. My Government believes that not until these recommendations are fulfilled in far greater measure than is the case to-day will it be possible for American citizens safely to live and do business in China and for their property adequately to be protected without the intervention of the consular courts.

In conclusion, iny Government has directed me to state that it observes; with attentive and sympathetic interest the changes which are taking place in China. Animated as it is by the most friendly motives and wishing as far as lies within Government power to be helpful, the American Government. would be ready, if the suggestion should meet with the approval of the Chinese. Government, to participate in negotiations which would have as their object the devising of a method for the gradual relinquishment of extraterritorial rights, either as to designated territorial areas, or as to particular kinds of

EXTRATERRITORIALITY

jurisdiction, or as to both, provided, that such gradual relinquishment pro- ceeds at the same time as steps are taken and improvements are achieved by the Chinese Government in the enactment and effective enforcement of laws based on modern concepts of jurisprudence.

I avail myself of this opportunity to extend to Your Excellency the re- newed assurance of my highest consideration.

(Signed) J. V. A. MACMURRAY,

BRITISH REPLY.

British Legation, Peking, at Peitaiho,

10th August, 1929.

I have the honour to acknowledge the receipt of your Note of April 27th in which you inform me of the desire of the National Government of the Re- public of China that the restrictions imposed on the jurisdictional sovereignty of China by the system of extraterritoriality now in force should be removed at the earliest possible date with a view to the assumption of jurisdiction by China over all nationals in her domain.

2. I have communicated the contents of your letter to my Government and I am now instructed to transmit to you a reply in the following sense:

3. Animated by the friendly feelings which they have always entertained towards the Government and people of China His Majesty's Government have given their sympathetic consideration to the request of the Chinese Government. relating to the abolition of extraterritorial jurisdiction in China.

The high importance of this subject in its bearing both on the political. development of China and the future relations between China and Great Britain appears to demand that it should be closely examined from every aspect. In particular a just appreciation of the reasons for which and the manner in which the present system of extraterritoriality came into existence- seems essential to a consideration of the proper method for dealing with the problem.

4. The system of extraterritoriality in force in China has its root deep down in the past. For thousands of years before science had improved com- munications, the Chinese people were secluded from the rest of the world by deserts and the ocean and they developed a civilisation and a policy peculiar to themselves. A wide gulf was thus fixed between Europe and America cn the one hand and China on the other.

5. In particular the conception of international relations as being inter- course between equal and independent states a conception which was woven into the very texture of the political ideas of the nations of the West-was- entirely alien to Chinese modes of thought. When traders of the West first found their way to the coast of China, the Chinese Government found it diffi- cult to allow them freely to enter into their country and mingle with their people nor did they recognise that the nations to which they belonged were- the equals of China. These traders were therefore confined to a small section of a single city in one corner of the Empire and while on the one hand they were subjected to many disabilities and to grave humiliations, on the other hand, by a species of amorphous and unregulated extraterritoriality, which was the natural outcome of these conditions, the responsibility of managing their own affairs and maintaining order amongst themselves was in some measure left to their own initiative.

6. Relations continued for many years upon this insecure and unsatisfac- tory footing. Friction was often dangerously intense and conflicts not infre- quently arose, generally out of demands that some innocent person should be surrendered for execution to expirate perhaps an accidental homicide or that foreign authority should assume the responsibility for enforcing the revenue laws of China.

EXTRATERRITORIALITY

7. The object of the first treaties was to secure recognition by China of Great Britain's equality with herself and to define and regulate the extrater- ritorial status of British subjects. Relations between the two countries having thus been placed on a footing of equality and mutual respect, Great Britain was content that her nationals should continue to bear those responsibilities and to labour under those disabilities which respect for the sovereignty of China entailed upon them. Conditions did not permit the general opening of the interior of China and the residence of foreigners has consequently continued. down to the present day to be restricted to a limited number of cities known as Treaty Ports.

8. His Majesty's Government recognise the defects and inconveniences. of the system of consular jurisdiction to which the Government of China have on various occasions drawn attention. In 1902 in Article 12 of the Treaty of Commerce between Great Britain and China signed in that year, Majesty's Government stated their readiness to relinquish their extraterritorial rights when they were satisfied that the state of Chinese laws the arrangements. for their administration and other considerations warranted them in so doing. They have since watched with appreciation the progress which China has made in the assimilation of western legal principals to which reference is made in your Note under reply and they have observed with deep interest the facts set out and recommendations made in the report of the Commission on Ex- traterritoriality in the year 1926.

9. More recently in the declaration which they published in December 1926 and the proposals which they made to the Chinese authorities in January 1927 His Majesty's Government have given concrete evidence of their desire to meet in a spirit of friendship and sympathy the legitimate aspirations of the Chinese people. They have already travelled some distance along the road marked out in those documents and they are willing to examine in collabora- tion with the Chinese Government the whole problem of extraterritorial juris- diction with a view to ascertaining what further steps in the same direction it may be possible to take at the present time.

10. His Majesty's Government would however observe that the promulga- tion of codes embodying Western legal principles represents only one portion of the task to be accomplished before it would be safe to abandon in their entirety the special arrangements which have hitherto regulated the residence of foreigners in China. In order that those reforms should become a living reality it appears to His Majesty's Government to be necessary that Western legal principles should be understood and be found acceptable by the people at large, no less than by their rulers, and that the Courts which administer these laws should be free from interference and dictation at the hands, not only of military chiefs, but of groups and associations who either set up arbitrary and illegal tribunals of their own or attempt to use legal courts for the fur- therance of political objects rather than for the administration of equal justice between Chinese and Chinese and between Chinese and foreigners. Not until these conditions are fulfilled in a far greater measure than appears to be the case to-day will it be practicable for British merchants to reside, trade and own property throughout, the territories of China with the same equality of freedom and safety as these privileges are accorded to Chinese merchants in Great Britain. Any agreement purporting to accord with privileges to British merchants would remain for some time to come a mere paper agreement to which it would be impossible to give effect in practice. Any attempt preina- turely to accord such privileges would not only be of no benefit to British mer- chants but might, involve the Government and people of China in political and economic difficulties.

11. So long as these conditions subsist there appears to be no practicable alternative to maintaining though perhaps in a modified form the Treaty Port system that has served for nearly a century to regulate intercourse between China and British subjects with her domain. Some system of extraterri- toriality is the natural corollary for the maintenance of the Treaty Port sys-

EXTRATERRITORIALITY

tem and the problem as it present itself to His Majesty's Government at the present moment is to discover what further modifications in that system beyoal those already made and alluded to above it would be desirable and practicable to effect.

12. His Majesty's Government await further proposals from the National Government as to the procedure now to be adopted for examining this question and they instruct me to assure Your Excellency that they will continue to maintain towards any such proposals the same friendly and helpful attitude to which Your Excellency has paid so generous a tribute in the concluding paragraph of your Note under reply.

I avail myself of this opportunity to renew to Your Excellency the assur- ance of my highest consideration.

His Excellency,

Dr. C. T. Wang,

Etc., etc., etc.,

Minister for Foreign Affairs,

Nanking.

(Signed) MILES W. LAMPSON.

FRENCH REPLY.

The following is the English translation of the reply of the French Gov- ernment to China's Note, concerning the abolition of extraterritoriality.

August 10, 1929.

Monsieur le Ministre,.

I have the honour to acknowledge the receipt of the note dated April 27 in which you express the hope that the French Government would take into immediate and favourable consideration the desire of the Chinese Government to be enabled to exercise its jurisdiction over all nationals residing in China.

Having taken note of this communication which has been the object of its careful attention, the French Government authorizes me to recall to Your Ex- cellency that during the Washington Conference it gave voluntarily its approval to the resolution of December 10, 1921, according to the terms of which an international Commission was established to study the question of extraterri- ' toriality in China.

This Commission, in its report of September 16, 1926, made recommenda- tions, the application of which, might, in its judgment, permit the Powers to relinquish extraterritoriality.

Taking into consideration the facts stated by the said Commission, the French Government considers that, in order to realize the conditions favourable for the renunciation of extraterritorial rights enjoyed by its nationals in virtue of the treaty of 1858, it is indispensable that the Chinese Government proceed to the reform of its laws, its judicial institutions and its method of judicial administration, in conformity with the recommendations of the Conmission, recommendations to which the Chinese Delegate has given his approval. It is when these reforms have been carried out and effectively put, into practice that the rights. of residence, of property owning and trade throughout the whole of China, the necessary counterpart of the relinquishment of extraterritoriality, might constitute for the French nationals a real ad- vantage equivalent to that which the Chinese enjoy in France.

The French Government, animated by the friendly feelings which it was always cherished towards the Chinese people and of which another proof was given last year by the signing of the Tariff Autonomy Treaty, has no doubt that the Chinese Government will make every effort to fulfill the conditions necessary to the examination of the problem of extraterritoriality..

It is in this spirit that the French Government, faithful to its liberal traditions, has authorized me to give you assurance that it will continue to

EXTRATERRITORIALITY

take an active interest in the reforms to that end which remain to be accom plished and that it will carefully note all the facts which tend to show that. these reforms are effectively carried out in the administration and judicial. practice of the Government authorities and the people of China.

On the other hand, the French Government will not fail to avail itself of the opportunities as they arise to co-operate profitably with Chinese authori- ties in the endeavour to hasten a state of affairs which would permit it to modify with the necessary guarantees the present jurisdictional status of the French nationals in China.

THE NETHERLANDS' REPLY.

The following is the English translation of the reply of the Netherlands Government to China's note concerning the abolition of extraterritoriality.

Légation des Pays-Bas

Peking, Aug. 10, 1929.

Monsieur le Ministre,

I have the honour to acknowledge the receipt of Your Excellency's Note of April 27 last in which the Chinese Government expresses the hope that Her Majesty's Government would take into sympathetic consideration the desire of China to come to an agreement by which the limitation on China's jurisdic- tional sovereignty will be removed and which will enable the Chinese Govern- ment to assume jurisdiction over all nationals within its domain.

Your Excellency expressed the conviction that the reciprocal advantages. resulting from the tariff convention recently concluded between

two countries would be considerably enhanced if the relations between our two countries were regulated on the basis of equality in matters of jurisdiction, and that by the abolition of the system of consular jurisdiction an obstacle would be removed for the full co-operation between the Chinese people and foreign nationals especially in commercial matters; the desire of the Chinese- Government for promotig the material interests of all who choose to associate themselves with the Chinese people would in that case find its early realization..

Her Majesty's Government has given this request its most careful consi- deration, and now instructs me to inform Your Excellency that just as it was happy to join the other powers in bringing about the Resolution adopted on December 10th 1921 by the Washington Conference on the Limitation of Armaments, which placed on record its sympathetic disposition towards China's aspiration, so it will be pleased to co-operte with these Powers and with China for the realization and fulfilment of China's desire with regard to the question of jurisdiction.

It may here be recalled that with this end in view Her Majest's Govern- ment wholeheartedly participated in the work of the International Commission which was instituted as a result of the above-mentioned Resolution and which drew up a number of valuable recommendations for the benefit of the Chinese Government.

It cannot be gainsaid that there exists a close relationship between the internal situation of China, the guarantees which the laws offer to foreign rights and interests and their administration in the whole of China on the one hand, and the measure of progress which it will be possible to make on the road to abolition of the special arrangements now in force with regard to foreigners on the other. The possibility for Netherlands subjects to enjoy liberty of trade, of residence and of the exercise of civil rights including that of owing property throughout the whole of China is in the same way closely connected with the degree of security existing in the interior of the country and with the question of what safeguards the Chinese judicial institutions offer with a view to their independence and their immunity from interference by military and political authorities.

EXTRATERRITORIALITY

I am desired by Her Majesty's Government to assure with Excellency of its unalterable sympathy towards China with regard to this question and of its readiness when the introduction and the effective acceptance by the country of modern institutions guaranteeing the administration of just laws by an independent and unassailable judiciary will have rendered useful re- forms possible in the matter of jurisdiction over Netherlands nationals, to act in unison with the Governments of the Powers who were represented at the Conference of Washington with the object object of examining the possibility of meeting the aspiration to which the Chinese Delegation at the said Con- ference gave expression and which is reiterated in Your Excellency's Note under reply.

I avail myself, etc.,

(Signed) W. Y. OUDENIJK.

To His Excellency

Doctor Chengting T. Wang,

Minister of Foreign Affairs,

of the National Government of the Chinese Republic, Nanking.

NORWEGIAN REPLY.

The following is the English translation of the reply of the Norwegian Government to China's Note concerning the abolition of extraterritoriality.

Légation de Norvége

Peking, Aug. 14, 1929.

I have the honour to acknowledge the receipt of Your Excellency's note of April 27 expressing on behalf of the Chinese Government the desire of China to have the restriction on her jurisdictional sovereignty removed and the hope that the Norwegian Government will take this desire into immediate and sympathetic consideration in order to enable China to assume jurisdiction over all nationals within her domain

Having communicated the contents of the Note to my Government I am now instructed to recall to Your Excellency that the Norwegian Government has already, in concluding, on November 12 last year, a new treaty with the Chinese Government, given concrete evidence of the friendly feeling which Norway has always entertained towards China and the Chinese people.

My Government now desires me to reiterate, the assurance, already ex- pressed on that occasion, that the same friendly feelings will not be found to have changed when the question of revising other clauses of the treaty of 1847 between Norway and China is brought up for discussion.

As to the question of removing the restrictions on China's jurisdictional Sovereignty (by relinquishing the consular jurisdiction) this question was already given sympathetic consideration when, in 1926, a Norwegian delegate joined the international Commission to inquire into extraterritorial jurisdic- tion in China.

I may add that the administration of the Norwegian jurisdiction in China has never been extended beyond the purpose for which it was introduced, and I am directed to state in conclusion that my Government has no desire to maintain the Consular Court longer than considered necessary and is pre- pared to abolish the same when all the other Treaty Powers will do so.

(Signed) N. AALL,

Charge d'Affaires a.i.

Monsieur le Ministre:

EXTRATERRITORIALITY

CHINESE REPLY TO AMERICA.

Nanking, September 5, 1929.

I have the honour to acknowledge the receipt of your Excellency's Note of August 10th in which you are good enough to transmit to me the views of your Government in regard to the request of the Chinese Government, con- tained in my Note of April 27, for the removal of restrictions on China's juris- dictional sovereignty.

The Chinese Government is pleased to be reminded by the American Gov- ernment that it has, for some time past, given constant and sympathetic con- sideration to the national aspirations of the people of China and that it has repeatedly given concrete evidence of its desire to promote the realisation of those aspirations. The traditional friendship between China and America has not only a common material basis, but is also deeply rooted in the idealism which is common to the Chinese and the American people. The American peo- ple, with their love of liberty, their zeal for justice, their desire to further the advance of civilisation and their sympathy for the aspirations of nations in their spiritual re-birth all of which reveal unmistakably the noble attitude of the American mind, have aroused the admiration and won the love of the Chinese people. This idealism has manifested itself in the abolition of slavery, the growth of democracy, and the endeavour to establish a reign of universal peace, which has given a new hope to the human race. It is this idealism that accounts for the steadfastness of the American Government and people in their friendship for China through all the vicissitudes of her fortunes. It

is again this idealism that has prompted the American Government to give

sympathetic consideration to the desire of the Chinese Government in connec- tion with the question of jurisdiction and to decide to enter into negotiations for the devising of a method leading to the eventual abolition of Extraterri- torial privileges.

It seems to me, however, from a careful consideration of your Note that the America Government is not yet free from misgivings as to the safety of American lives and property after the abolition of Extraterritoriality. The American Government is undoubtedly aware of the fact that the liberty of American citizens and the security of their property rights do not so much depend upon the continued exercise of jurisdiction by their own Consular Courts, as upon the timely removal of hindrances to the free and full assertion. of China's sovereign rights. Extraterritorial privileges, while apparently bene- ficial to foreigners in China in giving the impression of security and safety, have really had the most injurious effect on their relations with the Chinese by producing in the latter the feeling of humiliation and a sense of resentment which have always caused mutual suspicion and the consequent loss of mutual confidence, thus undermining the very foundations of friendly relations and not infrequently giving rise to complications and conflicts. Such conflicts and complications could be easily avoided were there none of those special privileges. In this connexion, it may be pointed out that towards nationals of certain countries who have lost their extraterritorial privileges and have submitted to the jurisdiction of China, the Chinese people enterian the most friendly feel ings and repose in them great confidence, a valuable asset, it will be admitted, in the intercourse, commercial or otherwise, of any two peoples. Such marked difference in the relations between Chinese and nationals of Extraterritorial Powers on the one hand and those between the Chinese and the nationals of the other will, as long as the extraterritorial system is retained, become more and more pronounced, and much as the Chinese Government may try to discountenance this difference of attitude on the part of its citizens, it will not be within its powers to control the natural expression of their feelings.

non-extraterritorial Powers on

In the event, however, of American citizens relinquishing their Extraterri- torial privileges, they may rest assured that they will enjoy the same confidence

EXTRATERRITORIALITY

of the Chinese people and hence the same material benefits as the nationals of non-extraterritorial Powers. Moreover, the Chinese Government will continue to exercise, in accordance with the well established principle of international law, due diligence in preventing any possible violations of the private rights of American citizens and perform its duty, in the fullest possible measure, in all matters relating to the redress of wrongs.

In your Note under acknowledgment reference is made to the report of the Commission on Extraterritoriality submitted to the interested Governments. pursuant to a resolution adopted at the Washington Conference. The American Government must be aware of the fact that since the completion of that re- port, conditions in China have greatly changed, and in particular both the poli- tical and judicial systems have assumed a new aspect. To pass judgment on the present state of law and judicial administration in China in the light of what is contained in the report of 1926 is doing no justice to the steadfast policy of the National Government.

At this point, it may be worth while to recall the circumstances under which the American Government renounced its rights under the Capitulations with Turkey. The Chinese judicial system, it will be admitted, does not suffer the least in comparison with that of Turkey at the time of the abolition of the Capitulations. And yet the American Government, realising that the Turkish people, with legitimate aspirations and under the guidance of a new and strong Government, could accomplish, great things in a short space of time, had

had the wisdom and foresight to relinquish its special pri- vileges similar to those enjoyed hitherto by its nationals in China, and has had the satisfaction to find that the life and property of American citizens in Turkey have subsequently received full and adequate protection. The American Government, which did full justice to the Turkish people in the matter of jurisdiction without any apprehension and with satisfactory results," will no doubt solve the problem of Extraterritoriality in China in the same friendly and sympathetic spirit.

It has been perhaps brought to the knowledge of the American Govern- ment that the Chinese Government has recently concluded treaties with several other Powers which have agreed to relinquish Extraterritoriality on January 1, 1930. If it had appeared to the Government of those Powers, as it appears to the American Government, that there did not yet exist in this country a judiciary capable of rendering justice to their nationals and a body of laws adequate to give protection to their lives and property, they would certainly have refused to give up their privileged position and enter into the engage- ments they have made. Now that many of the Powers which participated in the discussions of Extraterritoriality at the Washington Conference have al- ready shown by an overt act that that system has outlived its usefulness and should be replaced by one in harmony with the actual state of things, there is no reason why the United States, upon which fell the honour of initiating the labours of that Conference, should not act in unison with those Powers, thus removing the difficulties which the Chinese Government might otherwise encounter in extending jurisdiction over all foreign nationals.

It is the hope of the Chinese Government that whatever misgivings and apprehensions the American Government may have in considering the subject under discussion will be now dispelled, and that, in the further examination of this subject, it will be. actuated by much weighter considerations, namely, the enhancement of friendship between the Chinese and the American people, and hence the promotion of the material interests of both. It is with this last. object in view that the Chinese Government now requests the American Gov- ernment to enter into immediate discussions with the authorised representative of the Chinese Government for making the necessary arrangements whereby Extraterritoriality in China will be abolished to the mutual satisfaction of both Governments.

"I avail myself, etc.

WANG CHENGTING."

Monsieur le Ministre,

EXTRATERRITORIALITY

CHINESE REPLY TO FRANCE.

Nanking, September 7, 1929.

I have the honour to acknowledge the receipt of Your Excellency's Note of August 10th in which you are good enough to transmit to me the views of your Government in regard to the request of the Chinese Government, con- tained in my Note of April 27th for the removal of restrictions on China's jurisdictional Government.

The Chinese Government is pleaded to be reminded by the French Govern- ment that it gave another proof of the friendly feelings it always entertained towards the Chinese people by signing the Tariff Autonomy Treaty last year. The friendship between China and France rests not only on common material interests, but also on close cultural ties and the ideals which have been an unfailing source of inspiration both to the Chinese and the French people in their political evolution. It is therefore with pleasure that the Chinese Government takes note of the sympathetic response of the French Government to the desire of China expressed in my last Note.

In your Note under acknowledgment, however, reference is made to the Report of the Commission on Extraterritoriality submitted to the interested Governments, pursuant to a resolution adopted at the Washington Conference. The French Government is undoubtedly aware of the fact that since the completion of that report, conditions in China have greatly changed, and, in particular, both the political and judicial systems have assumed a new aspect. To pass judgment on the present state of laws and judicial administra- tion in China in the light of what is contained in the Report of 1926 is doing no justice to the steadfast policy of the National Government.

Furthermore, it may be worth while to recall the circumstances under which the French Government renounced its rights under the Capitulations with Turkey. The Chinese judicial system, it will be admitted, does not suffer the least in comparison with that of Turkey at the time of the abolition of the Capitulations. And yet the French Government, realizing that the Turkish people with legitimate aspirations and under the guidance of a new and strong Government could accomplish great things in a short space of time, had the wisdom and foresight to relinquish its special privileges similar to those enjoyed hitherto by its nationals in China and has had the satisfaction to find that the life and property of French citizens in Turkey have subsequently received full and adequate protection. The French Government which did full justice to the Turkish people in the matter of jurisdiction without any apprehensions and with satisfactory results will no doubt solve the problem of Extraterritoriality in China in the same friendly and sympathetic spirit.

It has been perhaps brought to the knowledge of the French Government that the Chinese Government has recently concluded treaties with several other Powers which have agreed to relinquish extraterritorial privileges on January 1st, 1930. If it had appeared to the Governments of those Powers, as it appears to the French Government, that there did not yet exist in this country a judiciary capable of rendering justice to their nationals and a body of laws adequate to give protection to their lives and property, they would certainly have refused to give up their privileged position and enter into the engage- ments they have made. Now that many of the Powers which participated in the discussions of Extraterritoriality of the Washington Conference have already shown by an overt act that that system has outlived its usefulness and should be replaced by one in harmony with the actual state of things, there is no reason why the French Government, which played an important part in the deliberation of that Conference, should not act in unison with those Powers, thus removing the difficulty which the Chinese Government might otherwise en- counter in extending jurisdiction over all foreign nationals.

RENDITION OF TIENTSIN

It is the hope of the Chinese Government that whatever misgiving and apprehensions the French Government may have in considering the subject un- der discussion will be now dispelled, and that, in the further examination of this subject, it will be actuated by much weightier considerations, namely the enhancement of friendship between the Chinese and the French people, and hence the promotion of the material interests of both. It is with this last object in view that the Chinese Government now requests the French Government to enter into immediate discussions with the authorised repre- sentative of the Chinese Government for making the necessary arrangements whereby Extraterritoriality in China will be abolished to the mutual satis- faction of both Governments.

I avail myself of this opportunity to renew to Your Excellency the assur- ance of my highest consideration.

(Signed) C. T. WANG.

BELGIAN CONCESSION AT TIENTSIN

Agreement for Rendition.

The Belgian Government being desirous, with a view to strengthening the bonds of friendship existing between Belgium and China, to restore on its own initiative and without compensation to the National Government of the Republic of China the Belgian Concession in Tientsin which was granted to it by the Sino-Belgian Convention of February 6th, 1902 (28th day of the 12th month of the 27th year of Kuang Hsu), the two Governments have for this purpose appointed their Plenipotentiaries, that is to say:

His Excellency the President of the National Government of the Re-

public of China:

Dr. Ping Ling, Adviser of the Commission of the ministry of

Foreign Affairs;

Mr. Kwang-ting Chao, Section Chief of the Land Department of

the Ministry of the Interior;

Mr. H. H. Tcheng, Commissioner of the First Special Area in

Tientsin;

Dr. Tzong Fah Hwang, Minister Plenipotentiary, Attorney at Law; His Majesty the King of the Belgians:

Baron Jules Guillaume, Counsellor of Legation, Chevalier de

Leopold;

Who, having communicated to each other their respective full powers found to be in good and due form, have agreed upon the following Articles:

Article I. The Belgian Government will restore to the National Govern- ment of the Republic of China, on the day of the coming into force of the present Agreement, the administration of the Belgian Concession in Tientsin. which was granted to it by the Sino-Belgian Convention of February 6th, 1902 (28th day of the 12th month of the 27th year of Kingdom Hsu). The said Convention and contract relating thereto shall cease to be operative.

Article II.-The Provisional Belgian Municipal Council of the said Con- cession shall cease to exist. on the day of the coming into force of the present Agreement.

All the documents, registers, and all other papers belonging to the Bel- gian Administration shall be immediately handed over to the National Gov- ernment of the Republic of China, whereupon the Provisional Municipal Coun cil will be entirely relieved of all responsibility for its administration.

SINO-FOREIGN TREATIES

Article III.-Beginning from the day of the coming into force of the pre- sent Agreement, the former Belgian Concession in Tientsin shall be entirely administered under Chinese laws and regulations and protected by the same. It shall likewise be subject to all Chinese imports and taxes in force.

Article IV. All public properties of the Belgian Concession, such as wharfs, piers, roads, railways together. with the land occupied by them, in- cluding block Q. lot b, in accordance with the map hereto annexed, and also machines, implements, furniture, police equipment, as per inventory list hereto attached, belonging to the Belgian Municipality, as well as the bank deposits. of the Belgian Municipality, shall be handed over to the National Government of the Republic of China on the day of the coming into force of the present Agreement.

Article V. The name and the status of the Societé Anonyme de la Con-- cession Belge de Tientsin shall be modified in accordance with the new state of things and the provisions of Article 6 of the present Agreement shall equally be applicable thereto.

Article VI. Within one month after the coming into force of the present Agreement, the title deeds and certificates of private property issued by the Belgian Consulate for land situated in the Belgian Concession shall be handed over to the Chinese authority concerned who shall issue in exchange certificates for perpetual lease. A registration fee of one dollar per mow shall be charged. The Chinese authority concerned will issue the new certificates within a period of a month.

Article VII. The present Agreement shall be ratified as soon as possible and shall come into force on the day on which the two Governments shall lia ve notified each other that the ratification has been effected.

Article VIII. The present Agreement has been written in three languages, Chinese, French and English, and in case of divergence of interpretation the English text shall be authoritive.

In witness whereof, the respective Plenipotentiaries have siged the present Agreement in duplicate and have affixed their seals thereto.

Done at Tientsin this thirty first day of the eighth month of the eighteenth year of the Republic of China, corresponding to the thirty first day of August,. nineteen hundred and twenty nine.

(Signed) P. LING,

K. T. CHAO, TSONG-FAH HWANG,

TCHENG HUNGSIN, Plenipotentiaries for China.

J. GULLAUME,

Plenipotentiary for Belgium.

SINO - JAPANESE

AGREEMENT

Article I.-The Chinese and the Japanese Governments agree that all matters relating to rates of duty on the import and export of articles, draw- backs, transit dues and tonnage dues in the territories of China and the ter- ritories of Japan shall be regulated exclusively by the laws of China and of Japan respectively.

Article II. The Governments of China and of Japan shall reciprocally grant to each other and to the nationals of the other country, in customs. duties, drawbacks and transit dues and all other similar internal charges,

SINO-FOREIGN TREATIES

applied to the import and export of articles, and in tonnage dues, as well as in all matters connected therewith, treatment not less favourable than that accorded or to be accorded to its own nationals or to the Government and nationals of any other foreign country.

Articles produced or manufactured in the territories of China or of Japan and imported into the territories of the other, from whatever place arriving, shall receive, in import duties, drawbacks and transit dues and all other similar internal charges, and in all matters connected therewith, treatment not less favourable than that accorded or to be accorded to the like articles produced or manufactured in any other foreign country.

Articles produced or manufactured in the territories of China or of Japan and exported to the territories of the other shall receive, in export duties, drawbacks and transit dues and all other similar internal charges, and in all matters connected therewith, treatment not less favourable than that accorded or to be accorded to the like articles produced or manufactured in the same territories and exported to any other foreign country.

In regard to tonuage dues and all matters connected therewith vessels of China and of Japan shall each receive in the territories of the other treatment not less favourable than that accorded or to be accorded to the vessels of any other foreign country.

Article II. The stipulations contained in the foregoing Articles as well as in the exchanged Notes annexed to the present Agreement shall be in- corporated in, and form part of, a Treaty of Commerce and Navigation to be negotiated and concluded as soon as possible between the Republic of China and the Empire of Japan.

Article IV.-The Chinese, Japanese and English texts of this Agreement have been carefully compared and verified: but in the event of there being any difference of meaning between them, the sense as expressed in the English text shall be held to prevail.

Article V. The present Agreement shall enter into force on the tenth day following the date of the signature thereof.

Done in duplicate at the city of Nanking, this sixth day of the fifth month of the nineteenth year of the Republic of China, corresponding to the sixth day of the fifth month of the fifth year of Showa.

CHENGTING T. WANG,

Minister for Foreign Affairs of The National Government of the Repu- blic of China.

M. SHIGMITSU,

Japanese China.

Charge d'Affaires

Convention Regulating the Relations Between China and France Concerning French Indo-China and the Chinese Provinces Adjoining.

(Translation)

The National Government of the Republic of China and the Government of the Republic of France, animated by the desire to further consolidate the ties of friendship which happily subsist between the two countries, and to pro- mote the commercial relations between China and French Indo-China, have decided to conclude a new Convention and have, for this purpose, named as their respective Plenipotentiaries, that is to say:

The President of the National Government of the Republic of China: His Excellency Dr. Chengting T. Wang, Minister of Foreign Affairs of the National Government of the Republic of China;

SINO-FOREIGN TREATIES

The President of the Republic of France;

His Exceliency Comte de Martel, Ambassador, Envoy Extraordin- ary and Minister Plenipotentiary of the Republic of France to China, Commander of the Legion of Honour;

Who, having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles;

Article I.-The Sino-French Commercial Convention of Tientsin of the twenty-second day of the third moon of the twelfth year of Kwang Hsu (April 25, 1886), the Additional Commercial Convention, signed at Peking on the sixth day of the fifth moon of the thirteen year of Kwang Hsu (June 26, 1887) together with the notes relating to this Convention exchanged at Peking on the third day of the fifth moon of the thirteenth year of Kwang Hsu (June- 23, 1887), and the Supplementary Convention signed at Peking on the twenty- eighth day of the fifth moon of the twenty-first year of Kwang Hsu (June 20, 1895) are abrogated and cease to be operative. The provisions of Articles 4, 5 and 6 of the Treaty of Tientsin of the twenty-seventh day of the fourth moon of the eleventh year of Kwang Hsu (June 9, 1885) are also abrogated.

Article II. The city of Lungchow of Kwangsi and those of Szemao, Hokow and Mengtze of Yunnan shall remain open to the trade across the land frontier of China and French Indo-China.

Article III.-The Chinese Government may send Consuls to Hanoi or Haiphong and to Saigon, cities of French Indo-China, and the French Gov- ernment may continue to send Consuls to the localities mentioned in the pre- ceding Article.

The heads and acting heads of Consulates and vice-Consulates, as well as the members of the Consular service shall be nationals of the country which appoints them. They shall not engage in commerce or industry.

Article IV.--Chinese nationals entering the territory of French Indo- China and French nationals of Indo-China entering the territory to China must be provided with passports issued by the competent authorities of their country of origin. Such passports shall be visaed by a Consulate of the country of destination or by the proper authorities of the said country.

The High Contracting Parties undertake to grant to each other, in con- formity with their respective laws and regulations, the most-favoured-nation: treatment with regard to the fulfilment of formalities, including those relating. to identification, concerning (1) passports (2) the system of internal laissez- passer and visa for departure (3) the entry or departure of Chinese nationals and French nationals of Indo-China going to Indo-China or the three provinces. of Yunnan, Kwangsi and Kwangtung.

Nothing is changed in the system of temporary or permanent passes issued to inhabitants of the frontier who are necessitated by their work or business to stay temporarily in or to go frequently to the territory of the other country in the neighbourhood of the boundary.

Article V.-The nationals of China in French Indo-China and the French nationals in the above-mentioned Chinese localities shall have the right to reside, travel and engage in industry or commerce. The treatment accorded to them for the exercise of such rights, in conformity with the laws and re- gulations in force in China or French Indo-China, shall in no way be less favourable than that of the nationals of any other Power.

The nationals of China in French Indo-China and the French nationals in the above specified Chinese localities shall not be subjected to taxes, im- posts or contributions higher or other than those to which nationals of the most-favoured-nation may be subjected.

Article VI.-Chinese goods exported from any Chinese port and trans- ported without transhipment or with a through bill of lading to the Provinces- of Yunnan, Kwangsi or Kwangtung and using the territory of Tonking, shall

SINO-FOREIGN TREATIES

enjoy a preferential treatment and shall not be subjected to the transit duty of the general tariff.

They will only pay a duty of 1% ad valorem.

Likewise, Chinese goods exported from the Provinces of Yunnan, Kwangsi and Kwangtung to any authorized destination and using the territory of Tonkin shall enjoy a preferential treatment and shall not be subjected to the transit duty of the general tariff.

Minerals of any kind, raw tin, and raw hides, as well as articles hereafter set down or to be set down subsequently in List A annexed to the present Con- vention shall be exempted from all duties. Other goods shall pay a duty of 1% ad valorem.

War materials, arms and ammunitions which the National Government may desire to transport in transit over the territory of Tonkin shall be exempted from all duties.

Indo-Chinese vessels, excepting warships and vessels for the transportation of troops, arms and ammunitions, may ply between Lang Son and Caobang by way of the rivers Long Ki Kong and Long Ban Giang which connect Lang Son with Lungchou and Caobang. Such vessels and the goods transported on them in transit shall be exempted from the payment of any duties for their entry in China.

Article VII.-The two Governments respectively undertake not to establish upon the importation, exportation or transit in French Indo-China and the three Provinces of Yunnan, Kwangsi and Kwangtung, any prohibition cr restriction which is not immediately applicable to other countries.

The two Governments, however, reserve to themselves the right of imposing any prohibitions or restrictions upon the importation, exportation or transit of any goods from one country to the other for reasons of national defence and national food supply, for the protection of art objects and scientific pro- perties, for the prevention of epidemics or epizootics, for the protection of harvests, for the maintenance of public morality or government monopolies, provided that such prohibitions or restrictions are justified by absolute ncces- sity and shall be applicable to any country or countries under the same con-, ditions.

Article VIII.-The Chinese Government in the Provinces of Yunnan, Kwangsi and Kwangtung and the French Government on the territory of French Indo-China shall not levy under any pretext whatsoever upon goods respectively imported or exported by French or Chinese nationals excise duties or internal taxes other or higher than those which are paid their own nationals or by nationals of any other Power.

Article IX. The nationals of China guilty or accused of crimes or mis- demeanours committed in China and taking refuge on the territory of French Indo-China and the French nationals guilty or accused of crimes or mis- meanours committed in French Indo-China and taking refuge on the territory of China shall, at the request of the authorities concerned and upon the proof of their culpability, be searched for, arrested and extradited, it being under- stood that exception will be made of all cases in which according to inter- national usage extradition is not effected.

Article X. The present Convention shall be in force for a period of five years. Either of the High Contracting Parties may notify the other, six months before the expiration of the said period, of its desire to revise or terminate the Convention. In case both Parties fail to notify each other in time of their desire to revise or terminate the Convention, it shall continue to be in force, provided, however, that at any time after the expiration of the said five-year period either Party may notify the other of its desire to revise or terminate the Convention, which shall then become null and void one year after the date of such notification.

The present Convention with its annexes shall be ratified as soon as pos- sible and the exchange of ratifications shall take place in Paris. It shall be

SHANGHAI PROVISIONAL COURT

promulgated in Indo-China and shall come there into force at the same time as in the three Provinces of Yunnan, Kwangsi and Kwangtung, two months after the exchange of ratifications.

Article XI.-The present Convention has been drawn up in Chinese and French, both texts having been carefully compared and verified.

In faith whereof the respective Plenipotentiaries have signed the present Convention in duplicate and have affixed there to their seals.

Done at Nanking this sixteenth day of the fifth month of the nineteenth year of the Republic of China, corresponding to the sixteenth day of May, nineteen hundred and thirty.

(L. S.) (Signed) CHENGTING T. WANG.

(L. S.) (Signed) D. DE MARTEL.

REORGANIZATION OF THE SHANGHAI

PROVISIONAL COURT

On May 8, 1929, the Ministry for Foreign Affairs addressed identic notes to the Ministers of Great Britain, The United States, France, Netherlands, Norway and Brazil requesting them forthwith to begin negotiations for the reorganization of the Provisional Court of the Shanghai International Settle- ment. Mr. Oudendijk, the Dutch Minister, on behalf of the interested Powers, replied on June 7, stating that the Court was a strictly local affair, and its reorganization should be examined on behalf of the Legations concerned by a Commission chosen from among their local representatives together with the re- presentatives of the Chinese Government. Dr. C. T. Wang protested on July 3, and insisted on the settlement of the affair directly with the Ministers them- selves. On August 2, Mr. Oudendijk accepted Dr. Wang's proposal.

Beginning from December 9, 1929, the resultant conference held twenty- eight meetings at Nanking. A draft agreement was drawn up and referred by the Delegates to their respective Governments. On February 17, 1930, the Agreement was signed at Nanking by the representatives of the Ministers of the interested Powers, with the exception of the French delegate Mr. Koechlin, who had not then received the necessary instructions from his Government. The latter's signature was, however, affixed on behalf of the French Minister, at Shanghai, five days later.

The following is the text of the Agreement:

Agreement Relating to the Chinese Courts in the International Settle- ment at Shanghai.

Article I. From the date on which the present Agreement comes into force, all former rules, agreements, exchange of notes et cetera having special refer- ence to the establishment of a Chinese court in the International Settlement at Shanghai shall be abolished.

Article II.-The Chinese Government shall, in accordance with Chinese laws and regulations relating to the judiciary and subject to the terms of the present Agreement, establish in the International Settlement at Shanghai a District Court (Ti Fang Fa Yuan) and a Branch High Court (Kao Teng Fa Yuen Fen Yuan). All Chinese laws and regulations, substantive as well as procedural, which are now in force, or which may hereafter be duly enacted and promulgated shall be applicable in the Courts, due account being taken of the Land Regulations and Bye-Laws of the International Settlement, which are applicable pending their adoption and promulgation by the Chinese Gov- ernment, and of the terms of the present Agreement.

Judgments, decisions and rulings of the Branch High Court are subject to appeal, according to Chinese law, to the Supreme Court of China.

SHANGHAI PROVISIONAL COURT

Article III.--The former practice of consular deputies or consular officials appearing to watch proceedings or to sit jointly in the Chinese Court now functioning in the International Settlement shall be discontinued in the Courts established under the present Agreement.

Article IV. When any person is arrested by the municipal or judicial police he shall, within twenty-four hours, exclusive of holidays, be sent to the Courts established under the present Agreement to be dealt with, failing which he shall be released.

Article V. The Courts established under the present Agreement shall each have a certain number of procurators to be appointed by the Chinese Govern- ment, who shall hold inquests and autopsies (Chien Yen) within the jurisdic- tion of these Courts and shall otherwise perform their functions in accordance with Chinese law in all cases involving the application of Articles 103 to 186 of the Chinese Criminal Code, except where the municipal police of the International Settlement or the party concerned has already initiated prosecu- tion, provided that all preliminary investigations conducted by the procurator shall be held publicly and counsel for the accused shall have the right to be present and heard.

In other cases arising within the jurisdiction of the courts, the municipal police or the party concerned shall prosecute. The procurator shall have the right to express his views in court in all criminal cases in which the prosecu- tion is initiated by the Municipal Police or the party concerned.

Article VI. All judicial processes, such as summonses, warrants, orders et cetera, shall be valid only after they have been signed by a judge of the Courts established under the present Agreement, whereupon they shall be served or executed by the judicial police or, as provided below, by the process-servers thereof.

No person found in the International Settlement shall be handed over to the extra-Settlement authorities without a preliminary investigation in court, at which counsel for the accused shall have the right to he present and heard, except in the case of requests emanating from other modern law courts when the accused may be handed over after his identity has been established by the Court.

All judgments, decisions, and rulings of the Courts shall be executed as soon as they become final as a result of the judicial procedure in force in the said Courts. Whenever necessary, the Municipal Police shall render any assistance within their power as may be requested of them.

The process-servers of the Courts shall be appointed by the Presidents of the Courts respectively and their duties shall be to serve all summonses and deliver other documents of the Courts in connection with civil cases. For the execution of judgments in civil cases, the process-servers shall be accompanied by the judicial police. The officers and members of the judicial police of the Courts shall be appointed by the President of the Branch High Court upon the recommendation of the Municipal Council and shall be subject to dismissal by the President of that Court upon cause shown. Their services will also be terminated by the President at the request of the Municipal Council upon cause shown. They shall wear the uniform designed by the Chinese judicial authorities, and shall be subject to the orders and direction of the Courts and faithful to their duties.

Article VII.-The House of Detention for civil cases and the Women's Prison attached to the Chinese court now functioning in the International Settlement at Shanghai shall be transferred from that Court to the Courts established under the present Agreement and shall be supervised and admini- stered by the Chinese authorities.

All prisoners now serving sentences in the prison attached to the Chinese Court now functioning in the International Settlement and those sentenced by the Courts established under the present Agreement shall, at the discretion of the said Courts, serve their sentences either in such prisons in the Settle- ment or in Chinese prisons outside the Settlement, except that offenders against

SHANGHAI PROVISIONAL COURT

the Police Offices Code and the Land Regulations and Bye-laws and persons under arrest awaiting trial shall serve their periods of detention in the Settle- ment. The prisons in the Settlement shall be operated as far as practicable, in conformity with Chinese prison regulations and shall be subject to inspec tion, from time to time, by officers appointed by the Chinese judicial authori- ties.

Persons sentenced, to death by the Courts established under the present Agreement shall be sent to the Chinese authorities outside of the Settlement for execution of such sentence.

Article VIII.-Foreign lawyers duly qualified will be admitted to practice in the Courts established under the present Agreement in all cases in which a foreigner is a party, provided such foreign lawyer can only represnt the foreign party concerned. The Municipal Council may also be represented in the same manner by duly qualified lawyers, Chinese or foreign, in any pro- ceedings in which the Council is complainant or plaintiff or the Municipal Police is prosecutor.

In other cases or proceedings in which the Council considers the interests of the Settlement to be involved, it may be represented by a duly qualified lawyer, Chinese or foreign, who may submit to the Court his views in writing during the proceedings and who may, if he deems necessary, file a petition in intervention in accordance with the provisions of the Code of Civil Procedure.

Foreign lawyers who are entitled to practice under this Article in the above- mentioned Courts shall apply to the Ministry of Justice for lawyers' certificates and shall be subject to Chinese laws and regulations applicable to lawyers, including those governing their disciplinary punishment..

Article IX.-Four permanent representatives shall be appointed, two by the Chinese Government and two by the Governments of the other Powers signatory to the present Agreement, who together shall seek to reconcile such differences of opinion regarding the interpretation or application of the pre- sent Agreement as may be referred to them by the President of the Branch High Court or by the authorities of the signatory foreign Powers. provided that their Report shall have no binding force upon either party except by mutual consent, it being understood that no judgments, decisions, rulings or orders of the Courts as such shall be referred to the aforesaid representatives for consideration.

Article X.The present Agreement and the attached notes shall enter into effect on April 1, 1930 and shall continue in force for a period of three years from that date, provided that they may be extended for an additional period upon mutual consent of the parties thereto.

Signed February 17, 1930.

(Signed) Hsu Mo.

On behalf of the Minister for Foreign Affairs.

J. DE PINTO DIAS.

On behalf of the Brazilian

Chargé d'Affaires.

JOSEPH E. Jacobs.

In the name of the American Minister.

W. MEYRICK HEWLETT. On behalf of His Britannic Majesty's Minister.

L. GRONVOLD.

On behalf of the Norwegian Chargé d'Affaires.

F. E. H. GROENMAN. On behalf of the Netherlands Chargé d'Affaires.

SHANGHAI PROVISIONAL COURT

NOTE FROM HEADS OF LEGATIONS CONCERNED TO MINISTER FOR FOREIGN AFFAIRS.

Nanking, February 17, 1930.

With reference to the Agreement which we have signed to-day concerning the establishment of a District Court and a Branch High Court in the In- ternational Settlement at Shanghai, we have the honour to request your con- firmation of our understanding on the following points:

1. It is understood that the Courts established under the present Agree- ment shall exercise jurisdiction over civil and criminal cases as well as police offences and inquests in the International Settlement at Shanghai, pro- vided that the jurisdiction of the said Courts over persons shall be the same as that of other Chinese Courts and provided that their territorial jurisdic- tion shall be the same as that of the Chinese Court now functioning in the International Settlement at Shanghai, except (a) mixed criminal cases arising on private foreign property outside the limits of the Settlement and (b) mixed civil cases arising in areas surrounding the Settlement.

2. It is understood that the present practice regarding the respective juris- dictions of the Chinese Court now functioning in the International Settlement and the Court existing in the French Concession shall be followed, pending a definite arrangement between the Chinese Government and the authorities con- cerned.

3. It is understood that as far as practicable Chinese shall be recommended by the Municipal Council to serve as officers and members of the judicial police of the Courts established under the present Agreement. It is further under- stood that among the officers of the judicial police appointed by the President of the Branch High Court under Article VI of the present Agreement, there will be one to be designated by the Municipal Council, to whom will be allotted 'by the President an office on the court premises and who will make an entry of all judicial processes of the Courts, such as summonses, warrants, orders and judgments, for the purpose of service or execution in accordance with the provisions of the above-mentioned Article.

4. It is understood that the establishment of the Courts provided for in the present Agreement in no way affects the validity of judgments rendered by the Court now functioning in the International Settlement and its predecessor, and that such judgments shall be considered as final and valid except where an appeal has been lawfully taken or reserved. It is further understood that the judgments of the Courts established under the present Agreement shall be on the same footing as regards validity as the judgments of all other Chinese Courts.

5. It is understood that the present Agreement does not in any way affect or prejudice any future negotiations regarding the status of extra-Settlement roads.

6. It is understood that the sum of $60,000 (sixty thousand dollars) now on deposit with the Bank of China to the credit of the present Chinese Court in the International Settlement shall be maintained by the Chinese Government to the credit of the new Courts established under the present Agreement.

7. It is agreed that in accordance with Chinese law, there shall be main- tained by the Courts established under the present Agreement, a storage room for articles confiscated by the Courts, which remain the property of the Chinese Government, it being understood that confiscated opium and instruments for the smoking and preparation thereof shall be burned publicity in the Inter- national Settlement every three months and that the Municipal Council may present to the Presidents of the Courts for transmission to the Ministry of Justice such suggestions as it may desire to make regarding the disposal of confiscated arms.

SHANGHAI PROVISIONAL COURT

8.-It is understood that upon the coming into force of the present Agree- ment, all cases pending in the Chinese Court now functioning in the Inter- national Settlement shall be dealt with in the Courts established under the present Agreement in accordance with the procedure in force in the latter Courts, provided that the proceedings in mixed cases shall, as far as practi- cable, be continued from the point where they are taken over and concluded with a period of twelve months which period may be extended at the discretion of the Court when the circumstances in any case so warrant.

(Signed) J. DE PINTO DIAS.

On behalf of the Brazilian

Chargé d'Affaires.

JOSEPH E. JACOBS.

In the name of the American Minister.,

W. MEYRICK HEWLETT.

On behalf of His Britannic Majesty's Minister.

L. GRONVOLD.

On behalf of the Norwegian Chargé d'Affaires.

F. E. H. GROEMAN.

on behalf of the Netherlands Chargé d'Affaires.

IDENTIC NOTE FROM MINISTER FOR FOREIGN AFFAIRS TO HEADS OF LEGATIONS

CONCERNED.

Nanking, February 17, 1930.

I have the honour to acknowledge the receipt of your Note referring to the Agreement which we have signed to-day concerning the establishment of a Dis- trict Court and a Branch High Court in the International Settlement at Shanghai, in which you request my confirmation of the following points: (See preceding letter).

In reply I have the honour to confirm the understooding of the points as quoted above.

(Signed) Hsu Mo.

On behalf of the Minister for Foreign Affairs.

CHARTER OF THE COLONY OF HONGKONG

Letters Patent passed under the Great Seal of the United Kingdom, constituting the office of Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies.

Dated 14th

February, 1917 George the Fifth by the Grace of God of the United Kingdom of Gr ea Britain and Ireland and of the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India: To all to whom these Presents shall come, Greeting.

Recites Letters ·

January, 1888.

Whereas, by certain Letters Patent under the Great Seal of Our Patent of 19th United Kingdom of Great Britain and Ireland, bearing date at Westmins- ter the Nineteenth day of January 1888, Her Majesty Queen Victoria did constitute the office of Governor and Commander-in-Chief in and over the Colony of Hongkong and its Dependencies, as therein decribed, and did provide for the Government thereof:

Recites Orders in Council of 20th

October, 1998, and 27th Dec.,

Revokes Letters Patent of 19th January, 1888.

Office of Gover.

And whereas by Orders of Her said Majesty in Her Privy Council bearing date respectively the Twentieth day October, 1898, and the Twenty-seventh day of December, 1899, certain territories adjacent to the said Colony were, for the term therein rezerred to, declared to be part and parcel of the Colony in like manner and for all intents and purposes as if they had originally formed part of the Colony:

And whereas We are minded to make other provision in lieu of the above recited Letters Patent of the Nineteenth day of January 1888:

Now, know ye that We do by these presents revoke the above recited Letters Patent of the Nineteenth day of January, 1888, but without pre- judice to anything lawfully done thereunder; and We do by these Our Letters Patent declare Our Will and Pleasure as follows:

I. There shall be a Governor and Commander-in-Chief in and over

nor constituted. Our Colony of Hongkong and its Dependencies (hereinafter called the Colony), and appointments to the said Office shall be made by Commission under Our Sign Manual and Signet.

Governor's powers and authorities.

Publication of Governor's Com mission.

II.-We do hereby authorise, empower, and command our said Governor and Commander-in-Chief (hereinafter called the Governor) to do and execute all things that belong to his said office, according to the tenour of these our Letters Patent and of any Commission issued to him under Our Sign Manual and Signet, and according to such Instructions as may from time to time be given to him, under Our Sign Manual and Signet, or by Order in Our Privy Council, or by Us through one of Our Principal Secretaries of State, and to such laws as are now or shall hereafter be in force in the Colony.

III.-Every person appointed to fill the office of Governor shall with all due solemnity, before entering upon any of the duties of his office, cause the commission appointing him to be Governor to be read and published in the presence of the Chief Justice or other Judge of the Supreme Court, and of such Members of the Executive Council of the

CHARTER OF THE COLONY OF HONGKONG

Oaths to be taken

& 32 Vict., c. 72.

Colony as can conveniently attend; which being done he shall then and there take before them the Oath of Allegiance in the form provided by an by Governor. Act passed in the session holden in the Thirty-first and Thirty-second years of the reign of Her Majesty Queen Victoria, intituled "An Act to Imperial Act, 31 amend the Law relating to Promissory Oaths"; and likewise the usual Oath for the due execution of the office of Governor, and for the due and impartial administration of justice; which Oaths the said Chief Justice or Judge, or if they be unavoidably absent, the senior Member of the Executive Council then present, is hereby required to administer.

IV. The Governor shall keep and use the public seal of the Colony Public Seal. for sealing all things whatsoever that shall pass the said public seal.

Council.

V. There shall be an Executive Council in and for the Colony and Executive the said Council shall consist of such persons as We shall direct by Instructions under Our Sign Manual and Signet, and all such persons shall hold their places in the said Council during Our pleasure. The Governor may upon sufficient cause to him appearing suspend from the exercise of his functions in the Council any Member thereof pending the signification of Our pleasure, giving immediate notice to Us through one of Our Prin- cipal Secretaries of State. If the suspension is confirmed by Us through one of Our Principal Secretaries of State the Governor shall forthwith by an instrument under the Public Seal of the Colony revoke the appoint- ment of such Member, and thereupon his seat in the Council shall become

Council.

VI.-There shall be a Legislative Council in and for the Colony, and Legislativ the said Council shall consist of the Governor and such persons as We shall direct by any Instructions under Our Sign Manual and Signet, and all such persons shall hold their places in the said Council during Our pleasure. The Governor may upon sufficient cause to him appearing suspend from the exercise of his functions in the Council any Member thereof pending the signification of Our pleasure, giving immediate notice to Us through one of Our Principal Secretaries of State. If the suspension is confirmed by Us through one of Our Principal Secretaries of State the Governor shall forthwith by an instrument under the Public Seal of the Colony revoke the appointment of such Member, and thereupon his seat in the Council shall become vacant.

advice and con-

VII.-The Governor, by and with the advice and consent of the Governor, with Legislative Council, may make laws for the peace, order, and good govern- sent of Council, ment of the Colony.

to make Laws.

VIII.-We do hereby reserve to Ourselves, Our heirs and successors, Disallowance of full power and authority to disallow, through one of Our Principal Secret- Laws. aries of State, any such law as aforesaid. Every such disallowance shall take effect from the time when the same shall be promulgated by the Governor in the Colony.

to the Crown.

IX.-We do also reserve to Ourselves, Our heirs and successors, Our Power of Legis- and their undoubted right, with advice of Our or their Privy Council, lation reserved to make all such laws as may appear necessary for the peace, order, and good government of the Colony.

X.-When a Bill passed by the Legislative Council is presented to the Assent to Bills. Governor for his assent he shall, according to his discretion, but subject to any Instructions addressed to him under Our Sign Manual and Signet or through one of Our Principal Secretaries of State, declare that he as- sents thereto, or refuses his assent to the same, or that he reserves the same for the signification of Our pleasure.

XI.-A Bill reserved for the signification of Our pleasure shall take Reserved Bills. effect so soon as We shall have given Our assent to the same by Order in

Governor and Legislative

CHARTER OF THE COLONY OF HONGKONG

Council, or through one of Our Principal Secretaries of State, and the Governor shall have signified such assent by message to the Legislative Council or by proclamation: Provided that no such message shall be issued after two years from the day on which the Bill was presented to the Governor for his assent.

XII.—In the making of any laws the Governor and the Legislative- Council to obser- Council shall conform to and observe all rules, regulations, and directions ve Instructions. in that behalf contained in any Instructions under Our Sign Manual and

Land grants.

Governor em-

XIII. The Governor, in Our name and on Our behalf, may make and execute, under the Public Seal of the Colony, grants and dispositions of any lands which may be lawfully granted or disposed of by Us: Provided that every such grant or disposition be made in conformity either with some law in force in the Colony or with some Instructions addressed to the Governor under Our Sign Manual and Signet, or through one of Our Principal Secretaries of State, or with some regulations in force in the Colony.

XIV. The Governor may constitute and appoint all such Judges powered to and Commissioners, Justices of the Peace, and other necessary Officers and point Judges other officers. Ministers in the Colony, as may lawfully be constituted or appointed by Us, all of whom, unless otherwise provided by law, shall hold their offices during Our pleasure.

Grant of pardon,

XV. When any crime or offence has been committed within the Colony, or for which the offender may be tried therein, the Governor may, as he shall see occasion, in Our name and on Our behalf, grant a pardon to any accomplice in such crime or offence who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders, if more than one; and further, may grant to any offender convicted of any crime or offence in any Court, or before any Judge or other Magistrate within the Colony, a pardon either free or subject to lawful conditions, or any remission of the sentence passed on such offender or any respite of the execution of such sentence for such period as the Governor thinks fit, and may remit any fines, penalties, or forfeitures due or accrued to Us. Provided always that the Governor shall in no case, Proviso. Banish. except when the offence has been of a political nature unaccompanied by ment prohibited. any other grave crime, make it a condition of any pardon or remission of Exception. sentence that the offender shall be banished from or shall absent himself Political offences

or be removed from the Colony.

Remission of fines.

Dismissal and Suspension of officers.

XVI. The Governor may, upon sufficient cause to him appearing, dismiss any public officer not appointed by virtue of a Warrant from Us, whose pensionable emoluments do not exceed one thousand dollars or one hundred pounds sterling a year, according as the said emoluments are fixed with reference to dollars or to pounds sterling as the case may be, provided that in every such case the grounds of intended dismissal are definitely stated in writing and communicated to the officer in order that he may have full opportunity of exculpating himself, and that the matter is investigated by the Governor with the aid of the head for the time be- ing of the department in which the officer is serving

The Governor may, upon sufficient cause to him appearing, also suspend from the exercise of his office any person holding any office in the Colony whether appointed by virtue of any Commission or Warrant from Us, or in Our name, or by any other mode of appointment. Such suspen- sion shall continue and have effect only until Our pleasure therein shall be signified to the Governor. If the suspension is confirmed by one of Our Principal Secretaries of State, the Governor shall forthwith cause

CHARTER OF THE COLONY OF HONGKONG

the officer to be so informed, and thereupon his office shall become vacant. In proceeding to any such suspension, the Governor is strictly to observe the directions in that behalf given to him by Our Instructions as aforesaid.

XVII. Whenever the office of Governor is vacant, or if the Governor Succession to become incapable, or be absent from the Colony, Our Lieutenant Governor Government. of the Colony, or if there shall be no such Officer therein, then such person or persons as may be appointed under the Royal Sign Manual and Signet, and in default of any such appointment, the person lawfully discharging the functions of Colonial Secretary shall during Our pleasure administer

the Government of the Colony, first taking the Oaths herein before directed Proviso. Qathe to be taken by the Governor and in the manner herein prescribed; which of Office. being done, We do hereby authorise, empower, and command Our Powers, &c., of Lieutenant Governor, or any other such Adininistrator as aforesaid, to Administrator. do and execute, during Our pleasure, all things that belong to the office of Governor and Commander-in-Chief, according to the tenour of these Our Letters Patent, and according to Our Instructions as aforesaid, and the laws of the Colony.

XVIII.-And We do hereby require and command all Our officials and Officers and ministers, civil and military, and all other inhabitants of the Colony, others to obey to be obedient, aiding and assisting unto the Governor and to any person Governor. for the time being administering the Government of the Colony..

XIX. In these Our Letters Patent the term "the Governor" shall Term "Gover

nor explained. include every person for the time being administering the government of the Colony.

XX.--And We do hereby reserve to Ourselves, Our heirs and successors, Power reserved full power and authority, from time to time, to revoke, alter, or amend to His Majesty these Our Letters Patent as to Us or them shall seem nieet.

to revoke, alter or amend present Letters Patent.

XXI.-And We do further direct and, enjoin that these Our Letters Publication of Patent shall be read and proclaimed at such place or places within the Letters Patent. Colony as the Governor shall think fit, and shall come into operation on

a day to be fixed by the Governor by Proclamation.

In witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminster, the Fourteenth day of February

in the Seventh year of Our Reign.

By Warrant under the King's Sign Manual,

SCHUSTER,

ROYAL INSTRUCTIONS

CONSTITUTION OF THE EXECUTIVE AND

LEGISLATIVE COUNCILS

Instructions passed under the Royal Sign Manual and Signet to the Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies.

Dated 14th February, 1917.

Preamble.

GEORGE R.I,

Instructions to Our Governor and Commander-in-Chief in and over. Our Colony of Hongkong and its Dependencies or other Officer for the time being administering the Government of Our said Colony and its Dependencies.

Whereas by certain Letters Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing even date Recites Letters herewith, We have made provision for the office of Governor and Com- mander-in-Chief (therein and hereinafter called the Governor) in and over Our Colony of Hongkong, and its Dependencies (therein and here- inafter called the Colony):

Patent of even date.

Recites Instruc- tions of 19th January, 1888,

and Additional 7th July, 1896,

Instructions of

Revokes In. structions of 19th January,

tional Instruc-

And whereas We have thereby authorised and commanded the Gov- ernor to do and execute all things that belong to his said office accord- ing to the tenour of Our said Letters Patent and of any Commission is- sued to him under Our Sign Manual and Signet and according to such Instructions as may from time to time be given to him under Our Sign Manual and Siguet or by Order in Our Privy Council or by Us through one of Our Principal Secretaries of State and to such laws as are now or shall hereafter be in force in the Colony:

And whereas Her Majesty Queen Victoria did issue certain Instruc- tions to the Governor under Her Sign Manual and Signet bearing date the Nineteenth day of January, 1888, and certain Additional Instructions bearing date the Seventh day of July, 1896:

And whereas We are minded to substitute fresh Instructions for the aforesaid Instructions and Additional Instructions:

Now therefore We do, by these Our Instructions under Our Sign Manual and Signet, revoke as from the date of the coming into opera- 1888, and Addition of Our said recited Letters Patent, the aforesaid Instructions of tions of 7th July, the Nineteenth day of January, 1888, and the aforesaid Additional Instructions of the Seventh day of July, 1896, but without prejudice to anything lawfully done thereunder, and instead thereof We do direct and enjoin and declare Our will and pleasure as follows:-

Administration

of Oaths.

I.—The Governor may, whenever he thinks fit, require any person in the public service of the Colony to take the Oath of Allegiance, in the form prescribed by the Act mentioned in Our said recited Letters Patent, together with such other Oath or Oaths as may from time to time be prescribed by any laws in force in the Colony. The Governor is to administer such Oaths, or to cause them to be administered by some public officer of the Colony.

ROYAL INSTRUCTIONS HONGKONG

Executive

II. The Executive Council of the Colony shall consist of the Lieut- Constitution of enant-Governor of the Colony (if any), the Senior Military Officer for Council. the time being in command of Our regular troops within the Colony, the persons for the time being lawfully discharging the functions of Colonial Secretary, of Attorney-General, of Secretary for Chinese Affairs, and of Treasurer of the Colony, who are hereinafter referred to as ex officio Members, and of such other persons as at the date of the coming into operation of Our said recited Letters Patent are Members of the said Council, or as We may from time to time appoint by any Instructions or Warrant under Our Sign Manual and Signet, or as the Governor in pursuance of Instructious from Us through one of Our Principal Secretaries of State may from time to time appoint under the Public Seal of the Colony. [As amended by Additional Instruction dated 15-11-28.]

appointment of

Counoil.

III.—Whenever any Member, other than an ex officio Member, of Provisional the Executive Council of the Colony shall, by writing under his hand, Members of the resign his seat in the Council, or shall die. or be declared by the Executive Governor by an Instrument under the Public Seal of the Colony to be incapable of exercising his functions as a Member of the Council, or be absent from the Colony, or shall be acting in an office the holder of which is an ex officio Member of the Council, or shall be suspended from the exercise of his functions as a Member of the Council, the Governor may, by an Instrument under the Public Seal of the Colony, provisionally appoint any public officer to be temporarily an Official or Unofficial Member of the Council, and any person not a public officer to be tem- porarily an Unofficial Member of the Council in the place of the Member so resigning, or dying, or being suspended, or declared incapable, or being absent, or sitting as an ex officio Member.

Such person shall forthwith cease to be a Member of the Council if his appointment is disallowed by Us, or if the Member in whose place he was appointed shall be released from suspension, or, as the case may be, shall be declared by the Governor by an Instrument under the Public Seal capable of again discharging his functions in the Council, or shall return to the Colony, or shall cease to sit in the Council as an ex officio Member.

IV. The Governor shall without delay, report to Us, for Our con- Such provisional firmation or disallowance, through one of Our Principal Secretaries of appointments to

be immediately State, every provisional appointment of any person as a Member of the reported. said Executive Council. Every such person shall hold his place in the Council during Our pleasure, and the Governor may by an Instrument under the Public Seal revoke any such appointment.

V.-The Official Members of the Executive Council shall take pre- Precedences cedence of the Unofficial Members, and among themselves shall have seniority and precedence as We may specially assign, and, in default thereof, first, the ex officio Members in the order in which their offices are above mentioned (except that the Senior Military Officer, if below the rank of Lieutenant-Colonel in Our Army, shall take precedence after the person lawfully discharging the functions of Attorney-General), and then other Official Members and all Unofficial Members according to the priority of their respective appointments, or if appointed by or in pur- suance of the same Instrument, according to the order in which they are named therein.

Instructions to

VI. The Governor shall forthwith communicate these Our Instruc- Governor to tions to the Executive Council, and likewise all such others, from time to communicate time, as We may direct, or as he shall find convenient for Our service to Executive impart to them.

Council.

Executive...

Council not to proceed to business unless

summoned by Governor's authority. Quorum.

Who to preside.

Minutes of

Executive

Council to be kept.

To be transmit-‹‚· ted home twice

Governor to consult Execu- tive Council,

mit questions.

ROYAL INSTRUCTIONS-HONGKONG

VII.The Executive Council shall not proceed to the despatch of business unless duly summoned by authority of the Governor, nor unless two Members at the least (exclusive of himself or of the Member presid- ing), be present and assisting throughout the whole of the meetings at which any such business shall be despatched.

VIII. The Governor shall attend and preside at all meetings of the Executive Council, unless when prevented by illness or other grave cause, and in his absence such Member as the Governor may appoint, or in the absence of such Member the senior Member of the Council actually present, shall preside,

IX.-Minutes shall be regularly kept of all the proceedings of the Executive Council; and at each meeting of the Council the Minutes of the last preceding meeting shall be confirmed or amended, as the case may require, before proceeding to the despatch of any other business.

Twice in each year a full and exact copy of all Minutes for the preceding half year shall be, transmitted to Us through one of Our Principal Secretaries of State.

X.-In the execution of the powers and authorities granted to the Governor by Our said recited Letters Patent, he shall in all cases consult, with the Executive Council, excepting only in cases which may be of such a nature that, in his judgment, Our service would sustain material pre- judice by consulting the Council thereupon. or when the matters to be decided shall be too unimportant to require their advice, or too urgent to admit of their advice being given by the time within which it may be necessary for him to act in respect of any such matters. Iu all such urgent cases he shall, at the earliest practicable period, communicate to the Executive Council the measures which he may so have adopted, with the reasons therefor.

Governor alone XI. The Governor shall alone be entitled to submit questions to entitled to sub-the Executive Council for their advice or decision; but if the Governor decline to submit any question to the Council when requested in writing by any Member so to do, it shall be competent to such Member to require that there be recorded upon the Minutes his written application, together with the answer returned by the Governor to the same..

Governor may act in opposition to Executive Council.

Reporting

grounds for so doing.

XII.—The Governor may, in the exercise of the powers and authori- ties granted to him by Our said recited Letters Patent, act in opposition to the advice given to him by the Members of the Executive Council, if he shall in any case deem it right to do so; but in any such case he shall fully report the matter to Us by the first convenient opportunity, with the grounds and reasons of his action. In every such case it shall be adverse opinion competent to any Member of the said Council to require, that there be recorded at length on the Minutes the grounds of any advice or opinion he may give upon the question.

Member may require their

to be recorded on Minutes.

Constitution of Legislative

Council,

XIII.-The Legislative Council of the Colony shall consist of the Governor, the Lieutenant-Governor (if any), the Senior Military Officer for the time being in Cominand of Our regular troops within the Colony, the persons for the time being lawfully discharging the functions of Colonial Secretary, Attorney-General, Secretary for Chinese Affairs, and Treasurer of the Colony, and such other persons holding office in the Colony, and not exceeding four in number at any one time, as at the date of the coming into operation of Our said recited Letters Patent are Official Members Official Members of the said Council, or as We may from time to time appoint by any Instructions r Warrants under Our Sign Manual and Signet, or as the Governor, in pursuance of Instructions. from Us through

ROYAL INSTRUCTIONS—HONGKONG

one of Our Principal Secretaries of State, may from time to time appoint by an Instrument under the Public Seal of the. Colony, and all such persons shall be styled Official Members of the Legislative Council; and further of such persons, not exceeding eight in number at any one time, as at the date of the coming into operation of Our said recited Letters Patent are Unofficial Members of the said Council, or as the Governor, Unofficial in pursuance of Instructions from Us through one of Our Principal Secretaries of State, may from time to time appoint by an Instrument under the Public Seal of the Colony, and all such persons shall be styled Unofficial Members of the Legislative Council.

If any Official Member of the Legislative Council cease to hold office in the Colony his seat in the Council shall thereupon become

[As amended by Additional Instructions dated 15-11-28.]

Members.

XIV.--Whenever any Member other than an ex officio Member of Provisional the Legislative Council of the Colony shall, by writing under his hand, appointments n

place of Mem- resign his seat in the Council, or shall die, or be suspended from the bers absent, &c exercise of his functions as a Member of the Council, or be declared by the Governor by an Instrument under the Public Seal of the Colony to be incapable of exercising his functions as a Member of the Council, or be absent from the Colony, or shall be acting in an office the holder of which is an ex officio Member of the Council, or if his seat become vacant, or whenever any person shall be lawfully discharging the fune- tions of more than one of the offices the holders of which are ex oficio Members of the Council, the Governor may, by an Instrumeut under the Public Seal of the Colony, provisionally appoint in his place some person to be temporarily an Official or Unofficial Member of the Council, as the case may be.

Every person so provisionally appointed shall forthwith cease to be a Member of the Council if his appointment is disallowed by Us, or revoked by the Governor, or superseded by the definitive appointment of an Official or Unofficial Member of the Council, or if the Member in whose place he was appointed shall return to the Colony, or shall be released from suspension, or shall be declared by the Governor by an Instrument under the Public Seal capable of again discharging his functions in the said Council, or shall cease to sit in the Council as an ex officio Member, or shall cease to discharge the functions of more than one of the offices the holders of which are ex officio Members of the Council, as the case may be.

appointments to

The Governor shall, without delay, report to Us, for Our confirma- Provisional tion or disallowance, through one of Our Principal Secretaries of State, be immediately every provisional appointment of any person as an Official or Unofficial reported. Member of the Legislative Council.

Every such person shall hold his place in the Council during Our Revocation pleasure, and the Governor may, by an Instrument under the Public Seal, appointments. revoke any such appointment [As amended by Additional Instructions dated 15-11.28.]

XV. [This clause was revoked by Additional Instructions dated November 15th, 1928.]

XVI.-[This clause was revoked by additional Instructions dated

January 10th, 1922.]

void in certain

XVII.-If any Unofficial Member of the Legislative Council shall Seats declared become bankrupt or insolvent, or shall be convicted of any criminal offence, cases. or shall absent himself from the Colony for more than three months without leave from the Governor, the Governor may declare in writing that the seat of such Member at the Council is vacant, and immediately on the publication of such declaration he shall cease to be a Member of the Council.

Resignation of Members.

Council may

notwithstanding vacancies.

ROYAL INSTRUCTIONS—HONGKONG

XVIII.-Any Unofficial Member may resign his seat at the Council by writing under his hand, but no such resignation shall take effect until it be accepted in writing by the Governor, or by Us through one of Our Principal Secretaries of State.

XIX.-The Legislative Council shall not be disqualified from the transact business transaction of business on account of any vacancies among the Members thereof; but the said Council shall not be competent to act in any case unless (including the Governor or the Member presiding) there be present at and throughout the meetings of the Council five Members at the least. XX.-The Members of the Legislative Council shall take precedence as We may specially assign, and in default thereof, as follows:-

Precedence of Members.

Who to preside.

(1) First, the Official Members in the following order:

The ex Officio Members in the order in which their offices are mentioned (except that the Senior Military Officer, if below the rank of Lieutenant-Colonel in Our Army, shall take precedence after the person lawfully discharging the functions of Attorney-General).

(b) Other Official Members according to the priority of their respective appointments, or if appointed by or in pur- suance of the same Instrument, according to the order in which they are named therein.

(2) Secondly, the Unofficial Members in the following order :-

(a) The Unofficial Members who are also Members of the Executive Council of the Colony according to the pre- cedence taken as between themselves as Members of the Executive Council,

(b) Other Unofficial Members according to the priority of their respective appointments, or if appointed by or in pur- suance of the same Instrument, according to the order in which they are named therein: Provided that any such Unofficial Member who is re-appointed immediately on the termination of his term of office shall as between himself and other Unofficial Members who are not also Members of the Executive Council take precedence according to the date from which he has been con- tinously a Member of the Legislative Council.

[As amended by Additional Instructions of 20-11-29.F XXI. The Governor shall attend and preside in the Legislative Council, unless prevented by illness or other grave cause; and in his absence any Member appointed by him in writing shall preside, or, in default of such Member, the Member who is first in precedence of those present shall preside.

Questions to beat decided by a

majority.

Governor

XXII. All questions proposed for debate in the Legislative Council shall be decided by the majority of votes, and the Governor or the Member to have original presiding shall have an original vote in common with the other Members and casting vote. of the Council, and also a casting vote, if upon any question the votes

shall be equal.

Rules and order. to be made.

XXIII The Legislative Council may from time to time make stand- ing rules and orders for the regulation of their own proceedings; provided such rules and orders be not repugnant to Our said recited Letters Patent, or to these Our Instructions, or to any other Instructions from Us under Our Sign Manual and Signet.

ROYAL INSTRUCTIONS-HONG KONG

XXIV. It shall be competent for any Member of the Legislative question, &c. Council to propose any question for debate therein; and such question, if for debate. seconded by any other Member, shall be debated and disposed of according to the standing rules and orders. Provided always that every ordinance vote, resolution, or question, the object or effect of which may be to dispose of or charge any part of Our revenue arising within the Colony, shall be proposed by the Governor, unless the proposal of the same shall have been expressly allowed or directed by him.

XXV. In the passing of Ordinances the Governor and the Council shall observe, as far as practicable, the following Rules:-

Rules and regula-

ions under which Ordinances

are to be enacted.

1.-All laws shall be styled "Ordinances," and the enacting words shall be, "enacted by the Governor of Hongkong, with the advice and Form of enacting consent "of the Legislative Council thereof."

Ordinances.

Ordinances to be

methodically

2.- All Ordinances shall be distinguished by titles, and shall be divided into successive clauses or paragraphs, numbered consecutively, and numbered and to every such clause there shall be annexed in the margin a short summary of its contents. The Ordinances of each year shall be distinguished by consecutive numbers, commencing in each year with the number one.

Except in the case of Bills reserved for the signification of Our plea- sure, all Ordinances passed by the Legislative Council in any one year shall, if assented to by the Governor, be assented to by him in that year, shall be dated as of the day on which the assent of the Governor is given, and shall be numbered as of the year in which they are passed. Bills not so assented to by the Governor, but reserved by him for the signification of Our pleasure, shall be dated as of the day and numbered as of the year on and in which they are brought into operation.

arranged.

in same Ordin-

3. Each different matter shall be provided for by a différent Different subjects Ordinance, without intermixing in one and the same Ordinance such things not to be mixed as have no proper relation to each other; and no clause is to be inserted ance. No clause in or annexed to any Ordinance which shall be foreign to what the title of to be introduced such Ordinance imports, and no perpetual clause shall be part of any title of Ordinance temporary Ordinance.

foreign to what

imports. Tempor ary Ordinances.

Description of

XXVI.—The Governor shall not, except in the cases hereunder men- tioned, assent in Our name to any Bill of any of the following classes Bills not to be

1.-Any Bill for the divorce of persons joined together in holy matri-

2.-Any Bill whereby any grant of land or money, or other donation or gratuity, may be made to himself:

3.-Any Bill affecting the Currency of the Colony or relating to the issue of Bank notes:

4. Any Bill establishing any Banking Association, or amending or altering the constitution, powers, or privileges of any Banking Association:

5.-Auy Bill imposing differential duties:

6.—Any Bill the provisions of which shall appear inconsistent with obligations imposed upon Us by Treaty:

7.- Any Bill interfering with the discipline or control of Our forces by aud, sea, or air :

8. Any Bill of an extraordinary nature and importance, whereby Our prerogative, or the rights and property of Our subjects not residing. in the Colony, or the trade and shipping of Our United Kingdon aud its Dependencies, may be prejudiced:

assented to

Proviso in cases

immediate operation of an Ordinance.

ROYAL INSTRUCTIONS HONGKONG

9.Any Bill whereby persons not of European birth or descent may be subjected or made liable to any disabilities or restrictions to which persons of European birth or descent are not also subjected or made liable: 10. Any Bill containing provisions to which Our assent has been once refused, or which have been disallowed by Us:

Unless in the case of any such Bill as aforesaid the Governor shall of emergency for have previously obtained Our instructions upon such Bill through one of Our Principal Secretaries of State, or unless such Bill shall contain a clause suspending the operation of such Bill until the signification of Our pleasure thereupon, or unless the Governor shall have satisfied himself that an urgent necessity exists requiring that such Bill be brought into immediate operation, in which case he is authorised to assent in Our name to such Bill, unless the same shall be repugnant to the law of England, or inconsistent with any obligations imposed on Us by treaty. But he is to transmit to Us, by the earliest opportunity, the Bill so assented to together with his reasons for assenting thereto.

Private Bills.

Ordinances, &c.

duly authenti- cated.

XXVII. Every Bill intended to affect or benefit some particular per- son, association or corporate body shall contain a section saving the rights of Us, Our heirs and successors, all bodies politic and corporate, and all others except such as are mentioned in the Bill and those claiming by, from, and under them. No such Bill, not being a Government measure, shall be introduced into the Legislative Council until due notice has been given by not less than two successive publications of the Bill in the Hongkong Government Gazette, and in such other manner as may be required by the Standing Rules and Orders for the time being in force; and the Governor shall not assent thereto in Our name until it has been so published. A certificate under the hand of the Governor shall be transmitted to Us with the Bill signifying that such publication has been made.

XXVIII When any Ordinance shall have been passed or when any to be sent home Bill shall have been reserved for the signification of Our pleasure, the Governor shall transmit to Us, through one of Our Principal Secretaries of State, for Our final approval, disallowance or other direction thereupon, a full and exact copy in duplicate of the same, and of the marginal summary thereof, duly authenticated under the Public Seal of the Colony, and by his own signature. Such copy shall be accompanied by such explanatory observations as may be required to exhibit the reasons and occasion for passing such Ordinance or Bill. -

Collection of

XXIX.-At the earliest practicable period at the commencement of Ordinances to be each year, the Governor shall cause a complete collection to be published, published every for general information, of all Ordinances enacted during the preceding

Minutes of pro-

Legislative Coun;

XXX.-Minutes shall be regularly kept of the proceedings of the ceedings of Legislative Council, and at each meeting of the said Council, the Minutes cil to be kept, and of the last preceding meeting shall be confirmed, or amended, as the case send home after may require, before proceeding to the despatch of any other business.

The Governor shall transmit to Us, through one of Our Principal Secretaries of State, as soon as possible after every meeting a full and exact copy of the Minutes of the said Council.

every meeting.

Surveys and

XXXI.-Before disposing of any vacant or waste land to Us belong- reservations to ing the Governor shall cause the same to be surveyed, and such reservations waste lands are to be made thereout as he may think necessary for roads or other public disposed of. Governor not to purposes. The Governor shall not, directly or indirectly, purchase for purchase lande. himself any of such lands without Our special permission given through

one of Our Principal Secretaries of State.

ROYAL INSTRUCTIONS HONGKONG :

and during

XXXII.—All Commissions to be granted by the Governor to any per- Appointments to son or persons for exercising any office or employment shall, unless other- be provisional wise provided by law, be granted during pleasure only; and whenever the pleasure. Governor shall appoint to any vacant office or employment, of which the initial emoluments exceed one thousand dollars or one hundred pounds sterling a year, according as the said emoluments are fixed with reference to dollars or to pounds sterling, as the case may be, any person not by Us specially directed to be appointed thereto, he shall, at the same time, ex- pressly appraise such person that such appointinent is to be considered only as temporary and provisional until Our allowance or disallowance thereof be signified.

XXXIII.—Before suspending from the exercise of his office any public suspension of officer whose annual pensionable emoluments exceed one thousand dollars Officers. or one hundred pounds sterling, according as the said emoluments are fixed with reference to dollars or to pounds sterling, as the case may be, the Governor shall signify to such officer, by a statement in writing, the grounds of the intended suspension, and shall call upon him to state in writing the grounds upon which he desires to exculpate himself, and if the officer does not furnish such statement within the time fixed by the Gover- nor, or fails to exculpate himself to the satisfaction of the Governor, the Governor shall appoint a Committee of the Executive Council to investigate the charge made and to make a full report to the Executive Council. The Governor shall forthwith cause such report to be considered by the Council, and shall cause to be recorded on the Minutes whether the Council or the majority thereof does or does not assent to the suspension; and if the Governor thereupon proceed to such suspension, he shall transmit the report of the Committee and the evidence taken by it, together with the Minutes of the proceedings of the Council, to Us through one of Our Principal Secretaries of State by the earliest opportunity. But if in any case the interests of Our service shall appear to the Governor to demand that a person shall cease to exercise the powers and functions of his office instantly, or before there shall be time to take the proceedings herein before directed, he shall then interdict such person from the exercise of the powers and functions of his office.

in capital cases.

before Executive

XXXIV. Whenever any offender shall have been condemned by Regulation of the sentence of any Court in the Colony to suffer death, the Governor power of pardon shall call upon the Judge who presided at the trial to make to him a written Judge's report report of the case of such offender, and shall cause such report to be taken to be laid into consideration at the first meeting of the Executive Council which may Council. be conveniently held thereafter, and he may cause the said Judge to be specially summoned to attend at such meeting and to produce his notes thereat. The Governor shall not pardon or reprieve any such offender unless it shall appear to him expedient so to do, upon receiving the advice Governor to take of the Executive Council thereon; but in all such cases he is to decide advice of Execu either to extend or to withhold a pardon or reprieve, according to his own such cases. deliberate judgment, whether the Members of the Executive Council concur own judgment therein or otherwise, entering, nevertheless, on the Minutes of the Execu- entering his rea tive Council a Minute of his reasons at length, in case he should decide Minutes, if un- any such question in opposition to the judgment of the majority of the able to accept Members thereof.

tive Council in

May exercise

sons on Council

the advice of the majority.

XXXV.-The Governor shall punctually forward to Us from year to Blue Book. year, through one of Our Principal Secretaries of State, the annual book of returns for the Colony, commonly called the Blue Book, relating to the Revenue and Expenditure, Defence, Public Works, Legislation, Civil Establishments, Pensions, Population, Schools, Course of Exchange,

Governor's absence.

Term "the Governor " explained.

ROYAL INSTRUCTIONS--HONGKONG

Imports and Exports, Agriculture, Produce, Manufactures, and other matters in the said Blue Book more particularly specified, with reference to the state and condition of the Colony.

XXXVI.—The Governor shall not upon any pretence whatever quit the Colony without having first obtained leave from Us for so doing under Our Sign Manual and Signet, or through one of Our Principal Secretaries of State.

· XXXVII.→→In these Our Instructions the term "the Governor" shall, unless inconsistent with the context, include every person for the time being administering the Government of the Colony.

Given at Our Court at Saint James's, this Fourteenth day of February, 1917, in the Seventh year of Our Reign.

ladt to Aber binode

dood fam of guitals: 2

Sgamba to

droW! Ad

ADDITIONAL ROYAL INSTRUCTIONS

Additonal Instructions passed under the Royal Sign Manual and Signet to the Governor and Commander-in-Chief of the Colony of Hong- kong in regard to the duration of the appointment of Unofficial Members of the Executive Council and of the Legislative Council of that Colony.

Dated 10th January, 1922.

GEORGE R.I.

Additional Instructions to Our Governor and Commander-in-Chief in and over Our Colony of Hongkong and its Dependencies, or other Officer for the time being administering the Government of Our said Colony and its Dependencies.

Whereas by certain Letters Patent under the Great Seal of Our Preamble. United Kingdom of Great Britain and Ireland bearing date at West- minster the Fourteenth day of February, 1917, We did make provision for the Government of Our Colony of Hongkong and its Dependencies (hereinafter called the Colony) and did amongst other things declare Recites Letters that there should be an Executive Council and a Legislative Council in Patent of 14th

February, 1917. and for the Colony which should consist of such persons as We might direct by Instructions under Our Sign Manual and Signet:marša

tions of 14th

And whereas by Our Instructions under Our Sign Manual and Recites Instruc. Signet, bearing date the Fourteenth day of February, 1917, We did con- February, 1917. stitute the said Executive and Legislative Councils as therein is set forth:

And whereas We are minded to make further provision respecting the said Executive and Legislative Councils:

tions of 14th

Now, therefore, We do, as from the date of the receipt in the Colony Revokes Clause of these Our Additional Instructions under Our Sign Manual and XVI of Instruc Signet, hereby revoke the Sixteenth Clause of Our said Instructions of February, 1917. the Fourteenth day of February, 1917, without prejudice to anything lawfully done thereunder, and We do direct and enjoin and declare Our Will and pleasure as follows:

official Members

Council.

L-Every Unofficial Member of the Executive Council appointed Vacation of after the date of the receipt of these Our Additional Instructions seats by Un- in the Colony shall vacate his seat at the end of five years from of Executive the date of the Instrument by which, or in pursuance of which, he is appointed, unless it is otherwise provided by that Instru-

Provided that if any such Member is provisionally appointed to fill a vacant seat in the Council and his provisional appointment is immediately followed by his definitive appoint- ment the aforesaid period of five years shall be reckoned from the date of the Instrument provisionally appointing him.

re-appointment.

Every such Unofficial Member shall be eligible to be re- Unofficial Mem- appointed by the Governor by an Instrument under the Public bers eligible for Seal of the Colony for a further period not exceeding five years, subject to Our approval conveyed through one of Our Principal Secretaries of State.

Precedence of Unofficial Mem- bers re-appoint. ed.

Vacation of seats by Unofficial Members of Legislative Council.

Unofficial Mem. bers eligible for re-appointment.

ADDITIONAL ROYAL INSTRUCTIONS—HONGKONG

II.-Every Unofficial Member of the said Executive Council re- appointed immediately on the termination of his term of Office shall take precedence according to the date from which he has been continuously a Member of the said Council. III.-Every person who at the date of the receipt of these Our Additional Instructions in the Colony is an Unofficial Member of the Legislative Council may retain his seat until the end of six years, and every Unofficial Member appointed after the date of the receipt of these Our Additional Instructions in the Colony shall vacate his seat at the end of four years, from the date of the Instrument by which, or in pursuance of which, he was or is appointed, unless it is otherwise provided by that Instru

Provided that if any such Member is provisionally appointed to fill a vacant seat in the Council and his provisional appointment is immediately followed by his definitive appoint- ment, the aforesaid periods of six years or four years, as the case may be, shall be reckoned from the date of the Instrument provisionally appointing him.

Every such Unofficial Member shall be eligible to be re- appointed by the Governor by au Instrument under the Publič Seal of the Colony for a further period not exceeding four years subject to Our approval conveyed through one of Our Principal Secretaries of State.

Given at Our Court at Saint James's this Tenth day of January, 1922, in the Twelfth year of Our Reign..

ADDITIONAL INSTRUCTIONS to the

Governor and Commander-in-Chief, Hongkong.

ADDITIONAL ROYAL INSTRUCTIONS

Additional Instructions passed under the Royal Sign Manual and Signet to the Governor and Commander-in-Chief of the Colony of Hong- kong in regard to the constitution of the Executive Council and of the Legislative Council of that Colony.

Dated 15th November, 1928.

GEORGE R.I.

Additional Instructions to Our Governor and Commander-in-Chief in and over our Colony of Hongkong and its Dependencies, or other Officer for the time being administering the Government of Our said Colony and its Dependencies.:

Whereas by certain Letters Patent under the Great Seal of Our Preamble. Realm bearing date at Westminster the Fourteenth day of February,

Patent of 14th

1917, We did make provision for the Government of Our Colony of Recites Letters Hongkong and its Dependencies (hereinafter called the Colony) and February, 1917. did amongst other things declare that there should be an Executive Council and a Legislative Council in and for the Colony which should consist of such persons as We might direct by Instructions under Our Sign Manual and Signet:

tions of 14th

And whereas by Our Instructions under Our Sign Manual and Recites Instruc- Signet bearing date the Fourteenth day of February, 1917, We did con- February, 1917. stitute the said Executive and Legislative Councils as therein is set forth:

And whereas we are minded to make further provision respecting the said Executive and Legislative Councils :

II, XIII, XIV

14th February,

Now therefore we do, as from the date of the receipt in the Colony Revokes Clauses of these Our Additional Instructions under Our Sign Manual and and XV of Signet. hereby revoke the Second, Thirteenth, Fourteenth and Fifteenth Instructions of Clauses of Our said Instructions of the Fourteenth day of February, 1917. 1917, without prejudice to anything lawfully done thereunder, and instead thereof We do direct and enjoin and declare Our will and pleasure that from the date of such receipt the aforesaid Instructions shall henceforth be construed and take effect as if the following clauses had been inserted therein in place of the Second, Thirteenth, Fourteenth and Fifteenth Clauses thereof :

Executive

II. The Executive Council of the Colony shall consist of the Lieut- Constitution of enant-Governor of the Colony (if any), the Senior Military Council. Officer for the time being in command of Our regular troops within the Colony, the persons for the time being lawfully dis- charging the functions of Colonial Secretary, of Attorney- General, of Secretary for Chinese Affairs, and of Treasurer of the Colony, who are hereinafter referred to as ex officio Members, and of such other persons as at the date of the

Constitution of Legislative Council.

OfficialMembers.

Unofficial Members.

Provisional appointments in place of Members absent, &c.

ADDITIONAL ROYAL INSTRUCTIONS—HONGKONG

coming into operation of Our said recited Letters Patent are Members of the said Council, or as We may from time to time appiont by any Instructions or Warrant under Our Sign Manual and Signet, or as the Governor in pursuance of Instructions froni Us through one of Our Principal Secretaries of State may from time to time appoint under the Public Seal of the Colony.

XIII.--The Legislative Council of the Colony shall consist of the Governor, the Lieutenant-Governor (if any), the Senior Military Officer for the time being in Command of Our regular troops within the Colony, the persons for the time being lawfully discharging the functions of Colonial Secretary, Attorney-General, Secretary for Chinese Affairs, and Treasurer of the Colony, and such other persons holding office in the Colony, and not exceeding four in number at any one time, as at the date of the coming into operation of Our said recited Letters Patent are Official Members of the said Council, or as We may from time to time appoint by any Instructions or Warrants under Our Sign Manual and Signet, or as the Governor, in pursuance of Instructions from Us through one of Our Principal Secretaries of State, may from time to time appoint by an Instrument under the Public Seal of the Colony, and all such persons shall be styled Official Members of the Legislative Council; and further of such persons, not exceeding eight in number at any one time, as at the date of the coming into operation of Our said recited Letters Patent are Unofficial Members of the said Council, or as the Governor, in persuance of Instructions from Us through one of Our Principal Secretaries of State. may from time to time, appoint by an Instrument under the Public Seal of the Colony, and all such persons shall be styled Unofficial Members of the Legislative Council.

If any Official Member of the Legislative Council cease to hold office in the Colony his seat in the Council shall there- upon become vacant.

XIV.—Whenever any Member other than an ex officio Member of the Legislative Council of the Colony shall,, by writing under, his hand resign his seat in the Council, or shall die, or be suspended from the exercise of his functions as a Member of the Council, or be declared by the Gayernor by an, Instru- ment under the, Public Seal of the Colony to be incapable of exercising his functions as a Member of the Council, or be absent from the Colony, or shall be acting in an office the holder of which is an ex officio Member of the Council, or if his seat become vacant, or whenever any person shall be lawfully discharging the functions of more than one of the offices the holders of which are ex officio Members of the Council, the Governor may, by an' Instrument under the Public Seal of the Colony, provisionally appoint in his place some person to be teniporarily an Official or Unofficial Member of the Council, as the case may begin to ban

ADDITIONAL ROYAL INSTRUCTIONS-HONGKONG

Every person so provisionally appointed shall forthwith cease to be a Member of the Council if his appointment is.. disallowed by Us, or revoked by the Governor, or superseded by the definitive appointment of an Official or Unofficial Member of the Council, or if the Member in whose place he was appointed shall return to the Colony, or shall be released from suspension, or shall be declared by the Governor by an Instrument under the Public Seal capable of again discharging his functions in the said Council, or shall cease to sit in the Council as an ex officio Member, or shall cease to discharge the functions of more than one of the offices the holders of which are ex officio Members of the Council, as the case may be."

appointments to

Every such person shall hold his place in the Council during Our Revocation of pleasure, and the Governor may, by an Instrument under the Public such appoint- Seal, revoke any such appointment.

Given at Our Court at St. James's this Fifteenth day of November, 1928, in the Nineteenth year of Our Reign.

ADDITIONAL ROYAL INSTRUCTIONS

Additional Instructions passed under the Royal Sign Manual and Signet to the Governor and Commander-in-Chief of the Colony of Hong- kong in regard to the precedence of Members of the Legislative Council thereof.

2 Dated 20th November, 1929.

GEORGE R.I.

Whereas by certain Letters Patent under the Great Seal of Our Preamble. Realm bearing date at Westminster the Fourteenth day of February, 1917, We did make provision for the Government of Our Colony of Hongkong and its Dependencies (hereinafter called the Colony) and Recites Letters did amongst other things declare that there should be a Legislative February, 1917. Council in and for the Colony which should consist of such persons as We might direct by Instructions under Our Sign Manual and Signet :

Patent of 14th

14th February

1917, --

ADDITIONAL ROYAL INSTRUCTIONS HONGKONG

And whereas by Our Instructions under Our Sign Manual and Instructions of Signet bearing date the Fourteenth day of February, 1917, We did constitute the said Legislative Council as therein is set forth, and by the Twentieth Clause of the said Instructions did direct that the Members of the said Council should have such precedence as therein is set forth:

Substitutes

fresh Clause for Instructions of

Clause XX of

14th February, 1917

Precedence of Members.

And whereas We are minded to make other provision in regard to the precedence of the Members of the said Legislative Council :

Now therefore We do, as from the date of the receipt in the Colony of these Our Additional Instructions under Our Sign Manual and Siguet, hereby revoke the Twentieth Clause of Our said Instruct ens of the Fourteenth day of February, 1917, without prejudice to anything lawfully done thereunder, and instead thereof We do direct and enjoin and declare Our will and pleasure that from the date of such receipt "the aforesaid Instructions shall henceforth be construed and take effect as if the following clause had been inserted therein in place of the Twentieth Clause thereof;-

XX. The Members of the Legislative Council shall take precedence. as We may specially assign, and in default thereof, as follows:-

(1) First, the Official Members in the following order:—

(a) The ex officio Members in the order in which their offices are mentioned (except that the Senior Military Officer, if below the rank of Lieutenant-Colonel in Our Army, shall take precedence after the person lawfully discharging the functions of Attorney-General).

(b) Other Official Members according to the priority of their respective appointments, or if appointed by or in pursuance of the same Instrument, according to the order in which they are named therein.

(2) Secondly, the Unofficial Members in the following order :-

() The Unofficial Members who are also Members of the

Executive Council of the

Council of the Colony according to the precedence taken as between themselves as Members of the Executive Council.

(b) Other Unofficial Members according to the priority of their respective appointments, or if appointed by or in pursuance of the same Instrument, according to the order in which they are named therein: Provided that any such Un- official Member who is re-appointed immediately on the termination of his term of office shall as between himself and other Unofficial Members who are not also Members of the Executive Council take precedence according to the date from which he has been continuously a Member of the Legislative Council.

Given at Our Court at Saint James's this Twentieth day of Novem- ber, 1929, in the Twentieth Year of Our Reign.

CONSTITUTION OF COUNCILS-HONG KONG

EXECUTIVE COUNCIL

The Executive Council consists of

(Ex-Oficio)

H.E. the General Officer Commanding the Troops (Major-General

O. C. Borrett, C.B.. C.M.G., C.B.E., D.S.O.)

The Hon. the Colonial Secretary (Sir Thomas Southorn, K.B.E., C.M.G.) The Hon. the Attorney General (Mr. C. G. Alabaster, K.C., O.B.E.) The Hon. the Secretary for Chinese Affairs (Mr. N. L. Smith). The Hon. the Colonial Treasurer (Mr. Edwin Taylor).

The Hon. Mr. R. M. Henderson (Director of Public Works). The Hon. Sir H. E. Pollock, K.C."

The Hon. Sir Shouson Chow, KT.

The Hon. Sir William Shenton, KT.

LEGISLATIVE COUNCIL

The following are the members of the Legislative Council :-

Official

H.E. the Governor (Sir William Peel, K.C.M.G., K.B.E.)

H.E. the General Officer Commanding the Troops (Major-General

O. C. Borrett, C.B., C.M.G., C.B.E., D.S.O.)

The Hon. the Colonial Secretary (Sir Thomas Southorn, K.B.E., C.M.G.) The Hon. the Attorney General (Mr. C. G. Alabaster, K C., o.B.E.) The Hon. the Secretary for Chinese Affairs (Mr. N. L. Smith). The Hon. the Colonial Treasurer (Mr. Edwin Taylor).

The Hon, Mr. R. M. Henderson (Director of Public Works).

The Hon. Mr. ED. C. Wolfe, C.M.G. (Inspector General of Police).

The Hon. Comdr. G. F. Hole, R.N..(Retired) (Harbour Master). The Hon. Dr. A. R. Wellington, C.M.G. (Director of Medical and

Sanitary Services)..

Unofficial

The Hon. Sir H. E. Pollock, KT., K.C.

The Hon. Mr R. H. Kotewall, C.M.G., LL.D.

The Hon. Sir William Shenton, KT.

The Hon. Mr. C. G. Mackie.

The Hon. Mr. J. P. Braga,

The Hon. Mr. J. J. Paterson.

The Hon., Mr, S. W. Ts'o, O.B.E., LL.D.

The Hon. Mr. T. N. Chau.

The Hon. Mr. W. H. Bell.

APPOINTMENT OF MEMBERS OF THE LEGISLATIVE COUNCIL

By a Despatch from the Secretary of State, the following course is followed in the appointment of unofficial members:

Appointed by the Governor (one at least of whom

being a member of the Chinese community)

Elected by the Chamber of Commerce

Elected by the Justices of the Peace

Total........

STANDING RULES AND ORDERS

THE LEGISLATIVE COUNCIL OF HONGKONG

Made by the Legislative Council of Hongkong in pursuance of the provisions of Clause XXIII of the Instructions, of His Majesty the King under His Sign Manual and Signet bearing date the 14th day of February, 1917.

1.-ATH OF ALLEGIANCE

No member of the Council shall sit or vote therein until he shall have taken and subscribed the oath of allegiance, provided that any person authorised by law to make an affirmation instead of taking an oath shall be permitted to make a solemn affirmation in lieu of the oath of allegiance.

(2) The oath or affirmation shall be administered by the Governor.

2- LANGUAGE

(1) The proceedings and debates of the Council shall be in the English language.

(2) A member may present a petition in Chinese, if the petition be accom- panied by au English translation certified to be correct by the member who presents it.

3. SITTINGS OF COUNCIL *

1) The meetings of the Legislative Council shall be held on such day and at such hour as may from time to time be ordered by the Governor

(2) At the beginning of each meeting, and before proceeding to the despatch of any other business, the President shall, if the minutes of the last preceeding meeting have been circulated to the members, propose that they be confirmed.

If the said minutes have not been circulated they shall be read by the Clerk and the President shall then propose that they be confirmed. Upon any proposal that the minutes be confirmed no debate shall be allowed except as to the accuracy of the minutes and with reference to an amendment actually proposed:

(3) The President may at any time adjourn or suspend any meeting.

4.-STANDING COMMITTEES

(1) There shall be the following standing committees of the Council :--

(a) The Finance Committee, which shall consist of the Colonial Secretary (Chairman), the Treasurer, the Director of Public Works and the unofficial members of the Council.

The Public Works Committee, which shall consist of the Director of Public Works (Chairman), the Treasurer, and the unofficial members of the Council.

(c) The Law Committee, which shall consist of the Attorney General (Chairman), and four other members of the Council appointed at the first meeting of the year by the President, who shall have power to fill vacancies arising in the Committee during the course of the year.

* On the subject of the quorum, and of who should preside, see respectively Clauses XIX

and XXI of the Royal Instructions of the 14th February, 1917.

RULES OF LEGISLATIVE COUNCIL-HONGKONG

(2) Three members shall form a quorum of any standing committee.

(3) The Governor may at any time refer direct to the Finance Committee any proposal concerning additional expenditure not already provided for in the annual

estimates.

(4) Any member of the Council shall be entitled to attend any meeting of a standing committee but no member may take any part in the proceedings of a committee of which he is not a member.

5.-SELECT COMMITTEES

(1) Any matter before the Council may be referred by the President, or upon a motion duly passed by the Council, to a select committee.

(2) A select committee shall consist of at least three members who shall be nominated by the President: Provided that any member may move that another member be substituted for any member so nominated, and if the motion be seconded the amendment shall, after debate, be put to the vote, and the question shall be decided accordingly.

(3) The chairman of a select committee shall be appointed by the President. (4) Three members of a select committee shall form a quorum except when the select committee consists of three members only in which event two shall form a-quorum.

(5) In the event of the death, resignation or absence from the Colony of any member of a select committee the President may appoint another member in his place.

6.-PROCEDURE ON STANDING AND SELECT COMMITTEES

(1) In the absence of the chairman of a standing or select committee the senior member present shall act as chairman.

(2) The chairman of a standing or select committee shall have an original vote and shall also have a casting vote if the votes be equal.

(3) The chairman of any committee may require the attendance and services of the Clerk of the Council.

(4) The report of a committee shall be signed, and presented to the Council, by the chairman.

(5) Any member of a committee dissenting from the opinion of the majority may put in a written statement of his reasons for such dissent, and such statement shall be appended to the report of the committee. / Hva tr

7-DUTIES OF THE CLERK

··· (1)· · · The 'Clerk shall send to each member written notice of each meeting of the Council, accompanied by a copy of the Order of Business and of any bill which it is proposed to read a first time at the meeting in question, at least two clear days before the day fixed for the meeting, except in case of emergency when such notice shall be given as the circumstances may permit:

(2) The Clerk shall keep the minutes of the proceedings of the Council, and of committees of the whole Council, and shall send to each member the draft minutes of each meeting so soon as possible after the meeting.

(3) The minutes of the proceedings of the Council shall record the names of the members attending and all decisions of the Council, and shall, when confirmed at the next following meeting of the Council, be signed by the President.

(4) In the case of divisions of the Council or committee of the whole Council, the minutes shall include the numbers voting for and against the question, and the names of the members so voting.

RULES OF LEGISLATIVE COUNCIL-HONGKONG

(5) The Clerk. shall be responsible for the custody of the votes, records, bills, and other documents laid before the Council, which shall be open to inspectiou by members of the Council and other persons under such arrangements as may be sanctioned by the President.

8. ORDER OF BUSINESS:

Unless the Council otherwise direct, the business of each sitting day shall be transacted in the following order:-

1. Confirmation of minutes of last preceding meeting..

Oath or affirmation of allegiance of a new member, Announcements.

4. Papers, including any reports of standing or select committees which are laid upon the table by order of the Governor and which are not the subject of any motion.

Petitions.

Questions.

Governin-nt business.

8. Unofficial members' motions.

Government business shall be set down in such order as the President mav direct, and unofficial members' motions shall be set down in the order in which notice of each motion was given.

9.-PETITIONS

(1) Every petition intended to be presented to the Council must conclude with a prayer setting forth the general object of the petitioner.

(2) A petition shall not be presented to the Council unless it be in accordance with the rules then in force in regard to petitions.

(3) The member presenting a petition may state concisely the purport of the petition.

(4) All petitions shall be ordered to lie upon the table without question put unless a member when presenting a petition move for it to be read, printed or referred to a select committee.

(5) The Council will not receive any petition-

(a) which is not addressed to the Council;

(b) which is not properly and respectfully worded;

prayer of the petition appears;

(d) which has not at least the prayer at the head of each subsequent

sheet of signatures;.

which asks for a grant of public money or the release of a debt to public funds unless the recommendation of the Governor thereto has been signified; or

(f) which does not conform with such rules as may from time to time

be prescribed by the Council.

10.-PAPERS

(1) All papers shall be presented by an official member of the Council and their presentation shall be entered upon the minutes.

(2) A member presenting a paper may make a short explanatory statement of its contents.

RULES OF LEGISLATIVE COUNCIL-HONGKONG

(3) All papers shall be ordered to lie upon the table without question put and any motion for the printing thereof shall be determined without amendment or debate....

(4) All Rules and Orders made by the Governor in Executive Council under the authority of an Ordinance, which do not require the approval of the Legislative Council, shall be laid on the table as soon as may be after being made.

11. QUESTIONS TO MEMBERS

(1) Questions may be put to official members relative to public affairs with which they are officially connected, proceedings pending in the Council, or any matter of administration for which such members are responsible.

(2) Questions may also be put to other members, relating to a bill, motion, or other public matter connected with the business of the Council for which such mem-, bers are responsible.

(3) A question shall not contain arguments, inferences, opinions, imputations, epithets, ironical expressions, or bypothetical cases.

(4) A question shall not include the names of persons, or statements, not strictly necessary to render the question intelligible, nor contain charges which the member, who asks the question, is not prepared to substantiate.

(5) A question must not be asked for the purpose of obtaining an expression of opinion, the solution of an abstract legal case, or the answer to a hypothetical proposition.

(6) A question shall not be asked without written notice unless it is of an urgent character and the member has obtained the leave of the President so to ask it.

(7) A question must not be made the pretext for a debate, nor can a question. fully answered be asked again without the leave of the President.

(8) A member may ask a supplementary question for the purpose of further elucidating any matter of fact 1egarding which an answer has been given; but a supplementary question must not be used to introduce matter not included in the original question.

12. MESSAGES FROM THE GOVERNOR AND ADDRESS BY THE GOVERNOR

A message from the Governor, if presented to the Council by an official member, may be brought up at any time before the commencement or at the close of public. business, and shall be considered forthwith or ordered to be considered upon a. future day as the member presenting it may appoint. The Governor may address. the Council at any time.

12.-MANNER OF GIVING NOTICES

(1) Where under any Standing Order (or the practice of the Council) notice is required, such notice shall be given by being handed in at the Table during the sitting of the Council or by delivery at the office of the Clerk or other place appointed. by Standing Order (or the President) within the hours prescribed for the purpose.

(2) Except with the permission of the President, no notice shall be valid for any particular meeting of Council unless it shall have been so handed in or delivered at least three clear days before such meeting of Council. Sundays and holidays. shall not be included in the computation of the said period of three days.

(3) Any such notice shall be printed and shall be circulated to members of the Council, if possible not less than two clear days before the next meeting of the Council for which it is valid.

RULES OF LEGISLATIVE COUNCIL-HONGKONG

(4) Any such notice shall be printed in the form in which it is handed in or

delivered.

(5) Motions or amendments sent to the Clerk shall be printed and circulated by him, even if they be matters notice of which is not required, and in the case of amendments to bills shall be arranged so far as may be in the order in which they will be proposed.

(6) A notice given orally in Council, shall not have any force after that sitting of the Council unless it be supplemented by a notice given in accordance with paragraph (1) of this Order.

14.-NOTICE OF MOTIONS

Unless the Standing Orders otherwise direct, notice shall be given of which it is proposed to make with the exception of the following:

any motion

A motion for the confirmation or correction of the minutes of the

Council.com 22 mg

A motion made in committee of the whole Council,

A motion for the adjournment of the Council or of any debate.

4. A motion that a petition be read, printed or referred to a select

committee.

A motion that the report of a standing committee be adopted.

6. A motion that the report of a select committee -be referred to a

committee of the whole Council or be printed.

7. A motion for the withdrawal of strangers.

8. A motion for the suspension of a member.

9. A motion for the withdrawal or postponement of any item in the

Order of Business.

A motion for the substitution of another member for a member

nominated to a select committee.

11. A motion for the reference of any matter to a committee.

A motion for the suspension of any Standing Order.

15.-DISPENSING WITH NOTICE

Notice shall not be dispensed with in the case of a motion or in respect of any other proceeding for which notice is required except with the consent of the President

16. RULES OF DEBATE

(1) A member desiring to speak in Council shall rise in his place and address his observations to the President.

(2) A member desiring to speak in committee shall address his observations to the Chairman.

(3) If two or more members offer at the same time to speak, the President or Chairman shall call on the member who first catches his eye...

A member must confine his observations to the subject under discussion. (5). Reference shall not be made to any matter on which a 'judicial decision is pending, in such a way as may prejudice the interests of parties thereto.

(6) No member shall impute improper motives to any other member.

(7) Except when the Council be in committee no member shall speak more than once on any proposition before the Council except in explanation (as provided in paragraph 8 of this Order), or to a point of order, or, in the case of the mover of a substantive motion, in reply, but any member may second a 'motion or amendment by rising in his place and bowing to the chair without prejudice to his right to speak at a later period of the debate.

RULES OF LEGISLATIVE COUNCIL-HONGKONG

(8) A member who has spoken to a question may again be heard to offer explanation of some material part of his speech which has been misunderstood, but he must not introduce new matter.

(9) A member who has spoken may speak again when a new Question. has been proposed from the chair such as a proposed amendment.

(10) Any member who dissents from the opinion of the majority may, if he give notice forthwith of his intention to do so, lay upon the table a statement of the grounds of his dissent, either at the same or a subsequent meeting of the Council.

(11) His Majesty's name shall not be used to influence the Council.

(12) The conduct of His Majesty, members of the Royal Family, the Governor or Administrator, members of the Council, and judges or other persons engaged in. the Administration of justice, shall not be raised except upon a substantive motion; and in any amendment, question to a member, or remarks in a debate on a motion dealing with any other subject, any reference to the conduct of the persons afore- said shall be out of order.

17. RELEVANCY IN DEBATE

(1) Debate upon any motion, bill or amendment shall be relevant to such motion, bill or amendment.

(2) Where au amendment proposes to leave out words and insert other words. instead of them, debate upon the first question proposed on the amendment may include both the words proposed to be left out and those proposed to be inserted.

(3) On an amendment proposing to leave out words or to insert words debate shall be confined to the omission or insertion of such words respectively.

18. ANTICIPATION

(1) It shall be out of order to make a motion or move an amendment dealing in anticipation with the subject of a bill or other matter appointed in the Order of Business for consideration: and an amendment shall also be out of order if it deal in anticipation with the subject matter of a motion of which notice has been given.

(2) A matter appointed in the Order of Business, or a motion or amendment. of which notice has been given, shall not be anticipated in any other debate.

19. TERMINATION OF DEBATE

(1) No member may speak to any question after the same has been fully put by the President or Chairman.

(2) A question is fully put, when the President or Chairman has collected the voices both of the ayes and of the noes.

20. PERSONAL EXPLANATION

By the indulgence of the Council, a member may make a personal explanation, although there be no question before the Council, but no debatable matter may be brought forward, or debate arise, upon the explanation.

21.—PRESIDENT TO BE HEARD WITHOUT INTERRUPTION

Whenever the President, or the Chairman, rises during a debate, any member then speaking, or offering to speak, must if standing sit down, and must in any case refrain from speaking, and the Council or committee is to be silent so that the President, or the Chairman, may be heard without interruption.

RULES OF LEGISLATIVE COUNCIL-HONGKONG

22. RESPONSIBILITY FOR ORDER

The President in Council, and the Chairman in any committee, shall be respon- sible for the observance of the rules of order in the Council and committee respec- tively and their decision upon any point of order shall not be open to appeal and shall not be reviewed by the Council except upon a substantive motion made after notice.

23. BREACHES OF ORDER

If a Member show disregard for the authority of the chair, or abuse the rules of the Council by persistently and wilfully obstructing the business of the Council, or otherwise. the President shall direct the attention of the Council to the incident, mentioning by name the member concerned. A motion may then be made. upon which the President shall forthwith put the question, no amendment, adjourn- ment, or debate being allowed, "That such member be suspended from the service of the Council". If such an offence shall have been committed in a committee of the whole Council, the Chairman shall forthwith suspend the proceedings of the committee and report the circumstances to the Council; and the President shall on a notion being made thereupon put the same question, without amendment, adjourn- ment or debate, as if the offence had been committed in the Council itself.

(2) Not more than one member shall be named at the same time, unless several members present together have jointly disregarded the authority of the chair.

(3) If a member be suspended under the provisions of this order his suspension shall last until determined by the Council.

(4) The President or Chairman, after having called the attention of the Council or committee to the conduct of a member who persists in irrelevance or tedious repetition either of his own arguments or of the arguments used by other members in debate, may direct the member to discontinue his speech.

(5) The President or Chairman shall order meinbers whose conduct is grossly disorderly to withdraw immediately from the Council Chamber during the remainder of the day's sitting.

(6) If a direction to withdraw under paragraph (5) of this order be not coms plied with at once or if on any occasion the President or Chairman deem that hi- powers under that Paragraph are inadequate, he may name such 'member or mem- bers in pursuance of paragraph (1) of this order.

(7) The President or Chairman whether acting under paragraph (1) or (5) of this order may direct such steps to be taken as are required to enforce his order.

(8) Members who are suspended under paragraph (1) of this order or are directed to withdraw under paragraph (5), shall forthwith withdraw from the precincts of the Council Chamber.

(9) Nothing in this order shall be deemed to prevent the Council from proceed- ing against any member for any breach of order not specified herein or from pro- ceeding in any other way it thinks fit in dealing with the breaches of order herein

mentioned.

24.HE VOTING *

(1) All questions shall be decided by a majority of votes, including the vote of the President, or in any committee the Chairman, and whenever the votes are equal the President, or in any cominittee the Chairman, shall have a casting vote.

(2) At the conclusion of a debate the question shall be put by the President, any committee by the Chairman, and the votes may be taken by voices aye and

* On the subject of devision by the majority, and on the Governor's original and casting, vote, See Clause XXII of the Royal Instructions of the 14th February, 1917.

RULES OF LEGISLATIVE COUNCIL-HONGKONG

no and the result shall be declared by the President or Chairman, but any member may claim a division when the votes shall be taken by the Clerk asking each member separately how he desires to voté and recording the votes accordingly.

(3) In taking the division the names of all the unofficial members shall be called before the names or official titles of any of the official members. In both cases the names, or official titles as the case may be, shall be called in order, beginning with the senior member, provided that the President, or in any committee the Chairman, shall vote last.

(4) When a division is claimed either in Council or in any committee every member present shall, unless he expressly state that he declines to vote, record his vote either for the ayes or noes. The Clerk shall enter on the minutes the record of each member's vote and shall add a statement of the names of members who declined to vote.

(5). As soon as the Clerk has collected the votes the President, or in any com- mittee the Chairman, shall state the numbers voting for the ayes and the noes respectively and shall then declare the result of the division or give his casting vote as the case may be.

(6) If a member state that he voted in error or that his vote has been counted wrongly, he may claim to have his vote altered, provided that such request is inade as soon as the President has announced the numbers and before he shall have declared the result of the division.

(7) A member shall not vote on any subject in which he has a direct personal pecuniary interest, but a motion to disallow a member's vote on this ground shall be made only as soon as the numbers of the members voting on the question shall have been declared. If the motion for the disallowance of a member's vote shall be agreed to, the President, or in committee the Chairman, shall direct the Clerk to correct the numbers voting in the division accordingly. In deciding whether a motion for the disallowance of a member's vote shall be proposed from the chair, the President, or, in any committee the Chairman, shall have regard to the character of the question upon which the division was taken and to the consideration whether the interest therein of the member whose vote is challenged is direct and pecuniary and not an interest in common with the rest of His Majesty's subjects and whether his vote was given on a matter of state policy.

25.-FIRST READING OF A BILL

(1) The mover of a bill, on moving the first reading thereof, shall state the object and intention of the measure and the reasons on which it is founded.

(2) After such motion has been seconded by another member, and has been adopted, the bill shall be read a first time.. The President may address the Council on the first reading of a bill should he desire to do so, but no further discussion shall be permitted..

(3) Except as provided for in paragraph (2) of Standing Order 29, every bill shall be published in the Gazette after having been read a first time and before it is read a second time.

26.-SECOND READING OF A BILL

When a motion for a second reading of a bill shall have been made and seconded, a debate may be taken only upon the general merits and principles of the Bill.

27.-COMMITTEE STAGE OF A BILL.

(1) When a bill has been read the second time the Council may, at the same or any subsequent meeting, upon motion made and seconded, resolve itself into a

RULES OF LEGISLATIVE COUNCIL HONGKONG

committee of the whole Council to consider the bill clause by clause, or may refer the bill to a standing committee or to a select committee.

(2) The principle of a bill shall not be discussed in committee but only its details.

(3) In committee the Clerk shall read the marginal notes to the bill, clause by clause, unless the Chairman directs him to read the clauses, or any particular clause, in full.

(4) Subject to the provisions of paragraph (5) of this Order, the committee may make in the bill such amendments as they shall think fit, provided that the amendments are in the opinion of the Chairman relevant to the subject matter of the bill, and provided that if any amendments are in the opinion of the Chairman not within the title of the bill the committee shall amend the title accordingly..

(5) No amendment shall be moved which is inconsistent with any clause. already agreed upon or with any decision already come to by the committee, and the Chairman may at any time during the discussion of a proposed amendment with- draw it from the consideration of the committee if in his opinion the amendment violates the provisions of this paragraph.

(6) The Chairman may require any proposed amendment to be handed to the Clerk in writing.

(7) If no amendment be proposed to any particular clause when the marginal note has been read by the Clerk, or when all the proposed amendments shall have been disposed of, the Chairman shall put the question "That the clause (or the clause as amended) stand part of the bill". If any amendment is proposed which the Chairman considers need not be disposed of separately he may put the question "That the Clause, amended as proposed, stand part of the bill".

(8) If a new clause or a new schedule be proposed the Chairman may put the question That the proposed clause (or schedule) stand part of the bill", and if the question is agreed to the clause (or schedule) shall thereupon stand part of the bill. A new clause or a new schedule may be proposed at any time which seems con- venient to the Chairman.

(9) On consideration of the schedules the Clerk shall call out the word "Schedule" if there is only one schedule, or shall read out the ordinal numbers of the schedules if there are more schedules than one, unless the Chairman directs him to read the schedules or any particular schedule in full, or to proceed in any other manner, and the Chairman may thereupon put the question "That this schedule stand part of the bill ".

(10) Any clause or schedule may be postponed for consideration at a latér stage of the same meeting or for consideration at some future meeting of the committee. The whole bill may be left in committee for consideration at some future meeting of the committee.

(11) When all the clauses and schedules of the bill have been disposed of the Chairman shall put the question "That the enacting clause and title stand part of the bill". If the bill contains a preamble the above question shall be preceded by the question "That the preamble stand part of the bill".

(12) When the bill has been entirely disposed of the Council may upon motion made and seconded resume and proceed with the remaining business of the day.

(13) A bill may be referred to a standing committee or to a select committee at any stage of its progress prior to the third reading.

(14) If any standing committee or select committee to which a bill has been referred reports that it recommends any material amendment therein, the bill

may be printed with such amendment and, after publication in the Gazette,, may with the permission of the Council be substituted for the bill as read a second time. Every bill so reported shall be considered in the committee of the whole Council.

RULES OF LEGISLATIVE COUNCIL-HONGKONG

28. THIRD READING OF A BILL

(1) When a bill has passed through committee the member in charge of the bill may at the same or any subsequent meeting report to the Council that the bill has passed through committee and may at the same time move that the bill be read a third time, provided that if in the opinion of the President any material amend- ment of the bill shall have been made in committee the bill shall not be read a third time at the same meeting except after the suspension of the Standing Orders. If the third reading of any bill is for this reason postponed to a subsequent meeting of the Council the bill shall be published in the Gazette as amended before it is read a third time.

(2) If upon the third reading of a bill being proposed and seconded any mem- ber desires to omit or amend any provision contained in the bill, or to introduce any fresh provision into it, the bill may upon motion made and seconded be re-com- mitted, and thereafter the Council shall again resolve itself into a committee of the whole Council for the consideration of the proposed amendment, but no bill shall be re-committed after it shall have been read a third time.

(3) When a bill has been read a third time it shall be deemed to have been passed.

29.-GENERAL PROVISIONS RELATING TO BILLS

(1) On each reading of a bill the Clerk shall read only the long title of the bill. 2) If at any stage in the progress of a bill the President declares that in his opinion an emergency exists and that it is desirable in the public interest that the Standing Orders should be suspended in order to enable the bill to pass through all its stages, or all its remaining stages, at that meeting of Council, it may be moved and seconded that the Standing Orders be suspended accordingly and if the motion be adopted the bill may be carried through all its stages, or all its remaining stages, at that meeting.

30.-BILLS AFFECTING PRIVATE RIGHTS

(1) Where any bill shall be proposed which is intended to affect or benefit some particular person, association, or corporate body, notice of the bill shall be given by the promoters, by two advertisements in some daily newspaper published in the Colony, and, if any of the persons likely to be benefited or prejudiced may be Chinese, by two additional, advertisements in some Chinese newspaper published in the Colony, and in any case by two successive publications of the bill in the Gazette, as required by Clause XXVII of the Royal Instructions of the 14th February, 1917: provided that, as laid down in the said Clause XXVII this paragraph shall not apply

such bill which is a Government measure.

(2) If any person considers that his individual rights or interests would be affected by the provisions of any such bill, he may petition to be heard on the bill either in person or by counsel, and he shall be heard accordingly, either

either upon motion made, seconded and adopted, or by order of the President. The President shall direct whether the person in question or his counsel shall be heard before the Council, or before a committee of the whole Council, or before a standing committee or a select committee.

(3) On any such petition the petitioner, or any member, shall, upon motion made, seconded and adopted, or by order of the President, be entitled to call and examine witnesses on oath or affirmation, provided that a list containing the names, residences and occupations of the witnesses shall have been delivered to the Clerk at least two clear days before the meeting of the Council or committee as the cas› may be. Any such witness if called by the petitioner may be cross-examined by any member, and if called by any member may be cross-examined by any other member or by the petitioner. The oath or affirmation shall be tendered by the Clerk, or, in any committee, by the Chairman.

RULES OF LEGISLATIVE COUNCIL-HONGKONG

(4) Every bill intended to affect, or benefit some particular person, association or corporate body shall in accordance with Clause XXVII of the Royal Instructions of the 14th February, 1917, contain a section saving the rights of His Majesty the King, His Heirs and Successors, all bodies politic and corporate, and all others except such as are mentioned in the bill, and those claiming by, from, and under them.

31.-RELEVANCY OF AMENDMENTS

1) When any bill, or clause of a bill, or motion, is under consideration in the Council or a committee thereof, an amendment may be proposed to such bill, clause or motion if it be relevant to the bill, clause or motion to which it is proposed.

(2) ⠀ An amendment may be proposed to any amendment proposed from the chair if it be relevant to the original amendment..

(3) In committee on a bill a new clause or schedule may be proposed if it be relevant to the subject matter of the bill, and an amendment may be proposed to it if the amendment may be relevant to the new clause or schedule,

(4) An amendment, or a new clause or schedule, shall not require notice. (5) The President, or the Chairman as the case may be, may require any proposed amendment to be handed to the Clerk in writing.

32. SECONDING OF MOTIONS AND AMENDMENTS

A motion or amendment shall not be proposed from the chair in Council unless it shall have received a seconder, but in committee a seconder shall not be required for any amendment or for any new clause or schedule.

33.-METHOD OF PUTTING THE QUESTION ON AMENDMENTS

Subject to the provisions of paragraph (7) of Standing Order 27 upon an amendment to leave out words and insert other words instead of them a question shall first be proposed from the chair "that the words proposed to be left out stand part of the question," and if that question be negatived, the question for the insertion of the alternative words shall then be proposed, provided that on con- sideration of a bill in committee the Chairman shall if possible put as the test question on an amendment only such words as will not prevent a subsequent amendment which is in order from being moved. If the question so proposed be negatived the words proposed by the amendment to be left out shall be deemed to be left out without further question.

34 WITHDRAWAL OF MOTIONS OR AMENDMENTS

When any motion or amendment has been proposed from the chair, it may be withdrawn at the request of the mover if, on the President, or in committee the Chairman, asking whether it be the pleasure of the Council or committee that the motion or amendment be withdrawn, a dissenting voice be not raised thereto.

35.-PUBLICATION OF EVIDENCE

The evidence taken before any committee of the Council and any documents presented to such committee which have not been reported to the Council shall not be published by any member of such committee or by any other person, except with the permission of the President.

36.- PRACTICE OF PARLIAMENT

(1) In cases of doubt the Standing Orders of this Council shall be interpreted in the light of the relevant practice of the Commons House of Parliament of Great Britain and Northern Ireland.

RULES OF LEGISLATIVE COUNCIL-HONGKONG

(2) In any matter for which these Standing Orders do not provide the said practice shall be followed, but no restrictions which the House of Commons has introduced by Standing Order shall be deemed to extend to the Council or its members until the Council has provided by Standing Order for such restriction.

37.-SUSPENSION OF STANDING ORders

A question the object or effect of which may be to suspend any Standing Order of the Council shall not be proposed except with the consent of the President.

38.-ABSENCE OF MEMBERS

Any member who is prevented from attending a meeting of the Council shall acquait the Clerk as early as possible of his inability to attend.

39.-EMPLOYMENT OF MEMBERS IN PROFESSIONAL CAPACITY

No member of the Council shall appear before the Council or any committee thereof as counsel or solicitor for any party, or in any capacity for which he is to receive a fee or reward.

40. STRANGERS

Strangers shall be admitted to debates in the Council Chamber subject to such rules as the President may make from time to time for that purpose, provided that if any member take notice that strangers be present, the President, or in committee the Chairman, shall put forthwith the question "That strangers be ordered to withdraw."

41.-PRESS

The President may grant a general permission to the representative of any journal to attend the sittings of the Council provided that, if the journal publish a report of the proceedings which the President considers unfair, such permission may be revoked.

GENERAL PORT REGULATIONS FOR BRITISH

CONSULATES IN CHINA

The undersigned, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary and Chief Superintendent of British Trade in China, acting under the authority conferred upon him by the 85th Section of the China and Japan Order in Council, 1865, hereby declares the following Regulations, made, in pursuance of the above Order in Council, to secure the observance of Treaties and the maintenance of friendly relations between British subjects and Chinese subjects and authorities to be applicable to all ports which are, or may hereafter become, open to British trade:-

I.—The British Consulate offices at the several open ports shall be opened for public business from 10 o'clock A.M. to 4 o'clock P.M. daily, excepting Sundays, Christmas Day, Good Friday, King's Birthday, Easter Monday, those holidays upon which public offices in England are closed, and Chinese New Year's day, and such Chinese holidays as the Chinese Customs authorities may observe.

II. On the arrival of any British vessel at the anchorage of any of the open ports, the master shall, within 24 hours, deposit his ship's papers, together with a summary of the manifest of her cargo, at the Consulate office, unless a Sunday or holiday shall intervene.

III.-Every British vessel must show her national colours on entering the port or anchorage, and keep them hoisted until she shall have been reported at the Consulate and her papers deposited there.

IV. No British vessel or any vessel the property of a British subject, unless, provided with a certificate of registry, or provisional or other pass from the Super- intendent of Trade at Peking, or from the Colonial Government at Hongkong, shall hoist the British ensign within any port or anchorage, or any flag similar to the British ensign or of a character not to be easily distinguishable from it. Nor shall any registered British vessel flying the Red ensign hoist any other ensign or flag (except she be entitled to fly the Blue ensign) in use by Her Majesty's vessels of war, or the national ensign of any foreign State or any ensign or flag not plainly dis- tinguishable from the ensigns used by Her Majesty's ships of war or from those flown by Ships of foreign States.

V.-Should any seaman absent himself from his ship without permission, the master shall forth with report the circumstance at the Consulate office, and take the necessary measures for the recovery of the absentee, and it shall be lawful for the Consul, if circumstances shall require it, in his discretion to prohibit leave being given to seamen to come ashore, and any master who shall violate such prohibition shall ineur the penalties hereinafter declared.

VI. The discharge of guns or other firearms from vessels in harbour is strictly prohibited, unless permission shall have been granted by the Consul.

GENERAL PORT REGULATIONS FOR BRITISH CONSULATES IN CHINA 191

VII.—Masters of vessels when reporting their arrival at a port shall notify in writing the names of all passengers and persons not forming part of the articled crew on board, and, previous to leaving, notice must be given of the names of all persons, not forming part of the articled crew, intending to leave the port on board any vessel.

VIII. All cases of death occurring at sea must be reported to the Consul within 24 hours of the vessel's arriving in port or harbour, and all cases of death on board vessels in harbour, or in the residences of British subjects on shore, must be imune- diately reported at the Consulate office, and in the event of sudden or accidental death the fullest information obtainable should be given. It is strictly prohibited to throw overboard the bodies of seamen or other persons dying on board of a vessel in harbour. Except in case of urgent necessity, no burial should take place on shore or from any ship in harbour without the licence of the Consul first obtaiued.

IX.-Stone or ballast shall not be thrown overboard in any port or harbour unless permission shall have been first obtained from the local authorities through the intervention of Her Majesty's Consular officer.

X.-All cases of loss of property by theft or fraud on board ships, as well as of assault or felony requiring redress or involving the public peace, must be immediately reported at the Consulate office.

If any Chinese subject guilty of, or suspected of, having committed a mis- demeanour on shore or afloat be detained, information must in such cases be forthwith lodged at the Consulate office, and in no instance shall British subjects be per- mitted to use violence toward Chinese offenders or to take the law into their own hands.

XI. Any vessel haviug in the whole above 200lbs. of guupowder or other explosive material on board shall not approach nearer than a distance of one inile from the limits of the anchorage. On arriving at that distance, she must be forthwith reported to the Consular authority.

Special anchorages or stations will be assigned for such ships in the neighbour- hood of the ports.

XII. No seaman or other person belonging to a British ship may be discharged or left behind at any port or anchorage without the express sanction of the Consul and not then until sufficient security shall have been given for his maintenance and good behaviour while remaining on shore, and, if required, for the expenses incident to his shipment to a port in the United Kingdom or to a British Colonial port, according as the seaman or other person is a native of Great Britain or of any British Colony.

If any British subject left at a port or anchorage by a British vessel be found to require public relief prior to the departure of such vessel from the dominious of the Emperor of China, the vessel will be held responsible for the maintenance and removal from China of such British subject.

XIII. When a vessel is ready to leave a port anchorage, the master or con- signee shall apply at the Custom-house for a Chinese port clearance, and on his presenting this document, together with a copy of the manifest of his export cargo, at the Consular office, his ship's papers will be returned to him, and he will be furnished with a Consular port clearance, on receiving which the vessel will be at liberty to leave the port. Should any vessel take in or discharge cargo subsequent to the issue of the Customs' clearance, the master will be subject to a penalty, and the ship to such detention as may be necessary to the ends of justice.

XIV.-When a vessel is ready to leave a port or anchorage, the master shall give notice thereof to the Consul, and shall hoist a Blue Peter at least 24 hours

192 GENERAL PORT REGULATIONS FOR BRITISH CONSULATES IN CHINA

before the time appointed for her departure. The Consul may dispense with the observance of this regulation on security being given that claims presented within 24 hours will be paid.

XV.-No British subject may establish or carry on an hotel, boarding or eating- house, house of entertainment, or shop for the sale of liquors within the Consular district without the sanction and licence of the Consul, and payment of such fees in respect of such licence, yearly or otherwise, as may be duly authorised. The Consul shall require every person so licensed to give security for the good conduct of all inmates and frequenters of his house, and also that he will not harbour any seaman who is a runaway or who cannot produce his discharge accompanied by a written sanction from the Consul to reside on shore.

Every person so licensed will be held accountable for the good conduct of all inmates and frequenters of his house, and in case of their misconduct may be sued

the instrument of security so given.

XVI.-Any British subject dosiring to proceed up the country to a greater distance than thirty miles from any Treaty port is required to procure a Consular passport, and any one found without such a passport beyond that distance will be liable to prosecution.

XVII.—The term Consul in these Regulations shall be construed to include all and every officer in Her Majesty's Consular service, whether Consul-General, Consul- Vice-Consul, or Consular agent, or other person duly authorized to act in any of the aforesaid capacities within the dominions of the Emperor of China..

XVIII.—British vessels are bound as to mooring and pilotage to act in accord, ance with the Harbour and Pilotage Regulations authorized in each port by Her Majesty's Minister for the time being, and any infraction of the same shall render the party offending liable to the penalties attached to these regulations,

XIX. No loading or discharging of cargo may be carried on except within the limits of the anchorage defined by the Consul and the Chinese authorities of each port.

XX. Any infringement of the preceding General Port Regulations or of the Special Regulations referred to in Regulations XVIII. and XIX. shall subject the offender, for each offence, to imprisonment for any term not exceeding three months with or without hard labour, and with or without a fine not exceeding 200 dollars or to a fine not exceeding 200 dollars, without imprisonment, and with or without further fines for continuing offences, not exceeding in any case 25 dollars for each day during which the offence continues after the original fine is incurred; such fine to be inflicted, levied, and enforced in accordance with the Order of Her Majesty in Council dated the 9th day of March, 1865

And in consideration of the urgent necessity for these Regulations, the under- signed hereby further declares that they shall have effect unless and until they shall be disapproved by Her Most Gracious Majesty, and notification of such disapproval shall be received and published by me or other of Her Majesty's Ministers in China.

THOMAS FRANCIS WADE.

(Signed)

PEKING, 28th March, 1881.

W sloten, Haya

JAPAN HARBOUR REGULATIONS

Art. I.--The limits of the undermentioned Ports open to foreign commerce are defined as follows

At YOKOHAMA: the harbour limits are comprised within a line drawn from the Juniten (Mandarin Bluff) to the light-ship, and thence due north, to a point on the coast east of the mouth of the Tsurumigawa.

At KOBE: the harbour limits are comprised within the area bounded by two lines, one drawn from the former mouth of the Ikutagawa due south, and the other running in a north-easterly direction from the point of Wada-no-misaki.

At NIIGATA: the harbour limits are comprised within the are of a circle, the centre being the light-house, and the radius being two and a half nautical miles

At EBISUMINATO: the harbour limits are comprised within a line drawn from Shiidomari-mura to Isori-mura on the outside, and a line drawn from Minotocho on the east shore of Lake Kamo to Kamomura on the north-west shore of the same lake. At OSAKA: the harbour limits are comprised within a line drawn from a point (Tree Point) at the mouth of the Mukogawa south by west, and a line from the mouth of the Yamatogawa, the two lines cutting each other at a distance of six nautical miles from a point (Tree Point) and five nautical miles from the mouth of the Yamatogawa.

At NAGASAKI: the harbour limits are comprised within a line drawn from Kanzaki to Megami.

At HAKODATE: the harbour limits are comprised within a line drawn from a point off the coast, half a nautical mile south of Anoma Point, to a point on the east bauk of the mouth of the Arikawa, Kamiiso-mura.

Art. II.—Every vessel on entering a port shall hoist its ensign and its signal letters. Regular Mail Packets may hoist the Company's flag in lieu of the signal letters.

The ensign and signal letters or Company's flag must not be lowered until the vessel's arrival shall have been duly reported to the Harbour Master.

Such report shall be made within 24 hours after arrival, Sundays and holidays excepted, and no Customs facilities shall be extended to any vessel until such report shall have been made.

Art.. III.—Every Master on arrival in port shall prevent all communication between his ship and other vessels or the shore until it shall have been admitted to "free pratique.'

Art. IV. The Harbour Máster's boat will be in attendance near the entrance of the harbour, and the Harbour Master will assign a berth to every ship ón enter- ing, which berth it must not leave without special permission, unless forced to do so. The Harbour Master may cause a vessel to change its berth, should he consider it necessary.

Art. V.The Harbour Master shall always wear a uniform when on duty and his boat shall carry a flag of the pattern prescribed.

The Harbour Master may at any time satisfy himself that his directions as regards anchorage, the movements of ships and the proper condition of moorings are carried out, t

Art. VI.-No vessel shall anchor in the public fair-way or otherwise obstruct free navigation. Vessels which have run out jib-booms shall rig them in at the request of the Harbour Master, if they obstruct free navigation.

JAPAN HARBOUR REGULATIONS

Art. VII.-Every vessel either at anchor or under weigh within the harbour limits shall carry between sunset and sunrise the Lights required by the Laws, Ordinances or Orders relating to the prevention of collisions at sea.

Art. VIII. When bad weather threatens or warning signals are exhibited, vessels shall immediately get ready one or more reserve anchors; and steamships hall, in addition, get up steam.

Art. IX.-Any vessel carrying explosives or highly inflammable materials in excess of ordinary requirements shall come to outside the harbour limits and there await the Harbour Master's orders. Such vessels while so waiting shall, between sunrise and sunset, fly at the foremast head the signal. letter "B" and between sunset and sunrise shall hoist in same place a red lantern.

No vessel shall ship or discharge any such materials except at such places as the Harbour Master may indicate.

Art. X. Every ship which is laid up or undergoing repairs, and all yachts, store-ships, lighters, boats, etc., shall be moored in special berths designated by the Harbour Master.

Art. XI.—In case of fire breaking out on board a ship within the harbour limits, the ship's bell shall be rung until the arrival of assistance, and the signal letters "N. M." shall be hoisted between sunrise and sunset or a red lantern shall be continuously hoisted and lowered between sunset and sunrise.

If police assistance be required the signal letter "G" shall be hoisted between sunrise and sunset, and between sunset and sunrise blue or flash lights shall be shown.

All discharging of fire-arms or letting off of fire-works within the harbour limits is forbidden without permission from the Harbour Master, except in such as above-mentioned for the purpose of signalling.

Art. XII. Any vessel arriving from a place which has been declared by an official declaration of the Imperial Government as being infected with an epidemic r contagious disease (such as cholera, small-pox, yellow-fever, scarlet-fever, or pest) or on board of which any such disease shall have occurred during the voyage, shall come to outside the harbour liinits and shall hoist a yellow flag at the foremast head between sunrise and sunset, and shall show a red and a white light one above the other in the same place between sunset and sunrise. Such vessel must undergo inspection by the proper sanitary authorities.

The sanitary authorities shall, on approaching the vessel, be informed whether any cases of any such diseases have actually occurred during the voyage and the nature of such diseases, in order that suitable precaution may be taken.

The said ship must not lower the yellow flag or the above-mentioned lights until it shall have been admitted to "free pratique," neither shall any person land from it nor shall any communication be held with other ships without the permission of the proper sanitary authorities.

The provisions of the preceding paragraphs apply to vessels anchored within the harbour limits on board of which any of the above-mentioned epidemic or contagious diseases have broken out. ·

Such vessels must change their berth on receiving an order to that effect from the Harbour Master.

Any vessel arriving from a place infected with cattle-disease or on board of which such disease has broken out during the voyage shall not land or tranship either the cattle, their dead bodies, skins, hides or bones, without the permission of the proper saintary authorities.

Art. XIII.-No carcases, ballast, ashes, sweepings, etc., shall be thrown over- board within the harbour limits.

Whilst taking in or discharging coal, ballast or other similar materials, the necessary precautions shall be taken to prevent their falling into the sea.

JAPAN HARBOUR REGULATIONS

If any materials detrimental to the harbour shall have been thrown into the sea or shall have been allowed to fall in through negligence by any ship, they shall be removed by the ship upon receipt of an order to that effect from the Harbour Master; and if not so removed the Harbour Master may cause them to be removed at the ship's expense.

Art. XIV. Any ship intending to leave port shall give notice at the Harbour Master's Office and hoist the Blue Peter.

Steamers which have fixed dates of departure need only make one declaration on their arrival and departure.

Art. XV.—All wreckage or other substances which obstruct the public fairway in a harbour or its approaches must be removed by their owner within the time indicated by the Harbour Master. If this order is not complied with within the time specified by the Harbour Master, the Harbour Master may cause them to be removed or destroyed at the owner's expense.

Art. XVI. A suitable and sufficient number of buoy moorings for regular Mail Steamers shall be provided by the Harbour Master's Office. A prescribed fee shall be charged for the use of such moorings.

Art. XVII.—No chains, ropes, or other gear shall be attached to any lightship, signal, buoy or beacon.

Any vessel running foul of or damaging a light-ship, buoy, beacon, jetty, or any other structure shall pay the necessary expenses for repairs or replacement.

Art. XVIII.-Any infringement of the provisions of the present Regulations shall render the offender liable to a fine of not less than Yen 2 and not exceeding Yen 200.

Art. XIX. The Master of a vessel shall also be held responsible for any fines, fees or expenses which may be imposed or charged on or in respect of the vessel.

Art. XX. No vessel shall be allowed to depart until all fines, fees and expenses imposed or charged under these Regulations shall have been paid, or until security therefor to the satisfaction of the Harbour Master shall have been deposited with the Harbour Master..

Art, XXI. The word "Harbour Master as used in these Regulations is also meant to include the Harbour Master's Assistants and Deputies; and by the word "Master" is meant any person in command of, or having the direction of, a ship, whatever his designation may be; and by the word "Port or "Harbour is meant one of the ports or harbours enumerated in Article I. of these Regulations.

Art. XXII.-A portion of each harbour shall be reserved as a man-of-war anchorage.

Art. XXIII. The only provisions in these Regulations which shall apply to men-of-war are those contained in Articles IV., VI., XII, and XXI., and in the first and second paragraphs of Article XIII..

Art. XXIV. The time when and the localities where these Regulations are to come into operation shall be notified by the Minister of Communications. The Minister of Communications shall also issue detailed rules for the due enforcement of these Regulations.

THE UNITED STATES COURT FOR CHINA

(Chapter 3934, Prescribing the Jurisdiction of the Court).

Be it Enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That a Court is hereby established, to be called the United States Court for China, which shall have exclusive jurisdiction in all cases and judicial proceedings whereof jurisdiction may now be exercised by United States Consuls and Ministers by law and by virtue of treaties between the United States and China, except in so far as the said jurisdiction is qualified by Section 2 of this Act. The said Court shall hold sessions at Shanghai, China, and shall also hold sessions at the cities of Canton, Tientsin, and Hankow at stated periods, the dates of such sessions at each, city to be announced in such manner as the Court shall direct, and a session of the Court shall be held in each of these cities at least once annually. It shall be within the power of the judge, upon due notice to the parties in litigation, to open and hold Court for the hearing of a special cause at any place permitted by the treaties, and where there is a United States Consulate, when, in his judgment, it shall be required by the convenience of witnesses, or by some public interest. The place of sitting of the Court shall be in the United States Consulate at each of the cities, respectively in

That the seal of the said United States Court for China shall be the arms of the United States, engraved on a circular piece of steel of the size of a half dollar, with these words on the margin, "The Seal of the United States Court for China."

The seal of said Court shall be provided at the expense of the United States. All writs and processes issuing from the said Court, and all transcripts, records, copies, jurats, acknowledgments, and other papers requiring certification or to be under seal, may be authenticated by said seal, and shall be signed by the clerk of said Court. All processes issued from the said Court shall bear test from the day

of such issue.

Sec. 2.-The Consuls of the United States in the cities of China to which they are respectively accredited shall have the same jurisdiction as they now possess in civil cases where the sum or value of the property involved in the controversy does not exceed five hundred dollars United States money, and in criminal cases where the punishment for the offence charged cannot exceed by law one hundred dollars' fine or sixty days' imprisonment, or both, and shall have power to arrest, examine, and discharge accused persons or commit them to the said Court. From all final judg- ments of the Consular Court either party shall have the right of appeal to the United States Court for China: Provided, Also, That appeal may be taken to the United States Court for China from any final judgment of the Consular Courts of the United States in Korea so long as the rights of extra-territoriality shall obtain in favour of the United States. The said United States Court for China shall have and exercise supervisory control over the discharge by Consuls and Vice-Consuls of the duties prescribed by the laws of the United States relating to the estates of decedents in China. Within sixty days after the death in China of any citizen of the United States, or any citizen of any territory belonging to the United States, the Consul or Vice-Consul whose duty it becomes to take possession of the effects of such deceased person under the laws of the United States shall file with the clerk of said Court a

THE UNITED STATES COURT FOR CHINA

sworn inventory of such effects, and shall, as additional effects come from time to time into his possession, immediately file a supplemental înventory or inventories of the same.

He shall also file with the clerk of said Court within said sixty days schedule under oath of the debts of said decedent, so far as known, and a schedule or statement of all additional debts thereafter discovered. Such Consul or Vice- Consul shall pay no claims against the estate without the written approval of the judge of said Court, nor shall he make sale of any of the assets of said estate with- out first reporting the same to said judge and obtaining a written approval of said sale, and he shall likewise within ten days after any such sale report the fact of such sale to said Court, and the amount derived therefrom. The said judge shall have power to require at any time reports from Consuls or Vice-Consuls in respect of all their acts and doings relating to the estate of any such deceased person. The said Court shall have power to require, where it may be necessary, a special bond for the faithful performance of his duty to be given by any Consul or Vice-Consul into whose possession the estate of any such deceased citizen shall have come in such amount and with such sureties as may be deemed necessary, and for failure to give such bond when required, or for failure to 'properly perform his duties in the premises, the Court may appoint some other person to take charge of said estate, such person having first given bond as aforesaid. A record shall be kept by the clerk of said Court of all proceedings in respect of any such estate under the provisions hereof.

Sec. 3.-That appeals shall lie from all final judgments or decrees of said Court to the United States Circuit Court of Appeals of the ninth judicial circuit, and thence appeals and writs of error may be taken from the judgments or decrees of the said Circuit Court of Appeals to the Supreme Court of the United States in the same class of cases as those in which appeals and writs of error are permitted to judgments of said Court of Appeals in cases coming from District and Circuit Courts of the United States. Said appeals or writs of error shall be regulated by the procédure govern- ing appeals within the United States from the District Courts to the Circuit Courts of Appeal, and from the Circuit Courts of Appeal to the Supreme Court of the United States, respectively, so far as the same shall be applicable; and said Courts are here- by empowered to hear and determine appeals and writs of error so taken.

Sec. 4.-The jurisdiction of said United States Court, boh original and not appeal, in civil and criminal matters, and also the jurisdiction of the Consular Courts in China, shall in all cases be exercised in conformity with said treaties and the laws of the United States now in force in reference to the American Consular Courts in China, and all judgments and decisions of said Consular Courts, and all decisions, judgments, and decrees of said United States Court, shall be enforced in accordance with said treaties and laws. But in all such cases when laws are deficient in the provisions necessary to give jurisdiction or to furnish suitable remedies, the common law and the law as established by the decisions of the Courts of the United States shall be applied by said Court in its decisions and shall govern the same subject to the terms of any treaties between the United States and China.lt

Sec. 5.-That the procedure of the said Court shall be in accordance, so far as practicable, with the existing procedure prescribed for Consular Courts in China. in accordance with the Revised Statutes of the United States! Provided, however,” that the judge of the said United States Court for China shall have authority from time to time to modify and supplement said rules of procedure. The provisions of sections forty-one hundred and six and forty-one hundred and seven of the Revised Statutes of the United States allowing Consuls in certain cases to summon associates shall have no application to said Court.

Sec. 6.-There shall be a district attorney, a marshal, and a clerk of said Court with authority possessed by the corresponding officers of the District Courts in the United States as far as may be consistent with the conditions of the laws of the United States and said treaties. The judge of said Court and the district attorney, who shall be lawyers of good standing and experience, marshal, and clerk shall be

THE UNITED STATES COURT FOR CHINA

appointed by the President, by and with the advice and consent of the Senate, and shall receive as salary, respectively, the sums of eight thousand dollars per annum for said judge, four thousand dollars per annum for said district attorney, three thousand dollars per annum for said marshal, and three thousand dollars per annum. for said clerk. The judge of the said Court and the district attorney shall, when the sessions of the Court are held at other cities than Shanghai, receive in addition to their salaries their necessary expenses during such sessions not to exceed ten. dollars per day for the judge and five dollars per day for the district attorney..

Sec. 7.-The tenure of office of the judge of said Court shall be ten years, unless sooner removed by the President for cause; the tenure of office of the other officials. of the Court shall be, at the pleasure of the President.

Sec. 8.-The marshal and the clerk of said Court shall be required to furnish bond for the faithful performance of their duties, in sums and with sureties to be fixed and approved by the judge of the Court. They shall each appoint, with the written approval of said judge, deputies at Canton and Tientsin, who shall also be required to furnish bonds for the faithful performance of their duties, which bonds shall be subject, both as to form and sufficiency of the sureties, to the approval of the said judge. Such deputies shall receive compensation at the rate of five dollars for each day the sessions of the Court are held at their respective cities. The office of marshal in China now existing in pursuance of section forty-one hundred and eleven of the Revised Statutes is thereby abolished.

Sec. 9. The tariff of fees of said officers of the Court shall be the same as the tariff already fixed for the Consular Courts in China, subject to amendment from. time to time by order of the President, and all fees taxed and received shall be paid into the Treasury of the United States.

Approved, June 30, 1906.

SIXTIETH CONGRESS. SESS. II. 1909.

CHAP. 235

The judicial authority and jurisdiction in civil and criminal cases now vested in and reserved to the Consul-General of the United States at Shanghai, China, by the Act of June thirtieth, nineteen hundred and six, entitled, "An Act creating a United States Court for China and prescribing the jurisdiction thereof," shall, subsequent to June thirtieth, nineteen hundred and nine, be vested in and exercised, by a Vice-Consul-General of the United States to be desiguated from time to time by the Secretary of State, and the Consul-General at Shanghai shall thereafter be relieved of his judicial functions.

FEES FOR THE CONSULAR COURTS OF THE

UNITED STATES OF AMERICA IN CHINA

98-In Consular Court.

In all cases and estates where the amount in question is not more than $500

In all cases and estates where it is over $500

In all cases where no specific damages are sought the fee shall be $5 for minor and $15 for greater cases.

99-Clerk's Feex.

:$ 5.00 15.00

For issuing all writs, warrants, attachments, or other compulsory process For docketing every suit commenced

For executions

For all summonses

For all subpoenas and notices

For filing and entering every declaration, plea, or other paper For administering an oath or affirmation, except to an associate For taking an acknowledgment

1.50 1.00

BEZAKAPK 22

For taking and certifying depositions to file (for each folio of 100 words): for the first 100 words, 50 cents; for

each succeeding folio

For a copy of such deposition, furnished to a party on request, per folio...

For entering any return, rule, order, continuance, judgment, decree, or recognizance, or drawing any bond, or

making any record, certificate, return, or report: for each folio

For a copy of any entry or of any paper on file for each folio

The docket fee of $1, hereinbefore allowed, shall cover all charges for making dockets and indexes, issuing venire for associates, taxing costs, and all other services not specified herein, in all cases where the amount involved is $100 or less; where the amount involved exceeds $100 the clerk shall be allowed for the services specified in the foregoing paragraph, in all cases up to $500, inclusive, a fee of...

In all cases involving more than $500 the clerk shall be allowed for like services

2.00 3.00

For causes where issue is joined but no testimony is given, for causes, dismissed or discontinued, the clerk shall

be allowed, for like services, one-half of the above fees, respectively. For affixing the seal of the court to any instrument, when required... For every search for any particular mortgage, or other lien

For searching the records of the court for judgments, decrees, or other instruments constituting a lien on any property and certifying the result of such search: for each person against whom such search is required to be made

For receiving, keeping, and paying out money in pursuance of any statute or order of court, 1 per centum of the

amount so received, kept, and paid.

For travelling, made necessary by the duties of his office: for going, 5 cents a mile, and 5 cents a mile for returning. All books in the clerk's office containing public records shall, during office hours, be open to the inspection of any

person desiring to examine the same without any fees or charge therefor.

In cases of escheat the clerk shall receive for publication to heirs

For service as escheator

For every office found

For recording proceedings of inquest, per folio For an affidavit in attachment...

For approving bond in attachment

For affidavit in distress cases

For affidavit in replevin cases

For approving replevin bond

For affidavit in trials of right of property

Where bond is given in trial of right of property, for approving it

100- Marshal's Fees,

2.00 10.00

For apprehending a deserter and delivering him on board the vessel deserted from, to be paid by the vessel before

leaving port For searching for the same, and, if not found, to be certified by the consul, and his order to be paid by the ship 2.00 For serving any writ, warrant, attachment, or other compulsory process, each person For serving summonses

For returning all notices, writs, attachment, warrants, and summonses, For each bail bond

On every commitment or discharge of prisoner

For subpoenas, for each witness summoned

For returning subpoena

For each day's attendance upon court

For levying execution

For advertising property for sale

For releasing property under execution by order of plaintiff

For selling property under execution, when the amount collected does not exceed $1,000 If over $1,000 and not exceeding $5,000

If over $5,000

For making collections under $200, in cases where no adjudication has taken place

If the amount exceeds $200

For travelling fees in serving all processes, each mile

For serving every notice not heretofore provided for, in addition to the usual travelling fees...

...5 per cent,

3 per cent.

...2 per cent.

...5 per cent; 24 per cent.

If an execution be paid and satisfied while in the hands of the marshal, and after he has made a levy on property

to satisfy the same, he shall receive one-half the fees fixed for selling property under execution or attachment.

Scale substituted for the original scale, 15th March, 1889.

UNITED STATES CONSULAR REGULATIONS

For executing a deed prepared by a party or his attorney For drawing and executing a deed

For copies of writs or papers, furnished on request, per folio For every proclamation in admiralty...

For serving an attachment in rem, or a libel in admiralty

For the necessary expenses of keeping boats, vessels, or other property, attached or libelled in admiralty, a com.

pensation to be fixed by the court. When the debt, or claim in admiralty, is settled by the parties, without a sale of the property, the marshal shall be entitled to a commission of i per cent._ on the first $500 of the claim or decree, and one-half of 1 per cent. on the excess of any sum over $500. Provided, that when the value of the property is less than the claim such commission shall be allowed on the appraised value thereof.

For sale of vessels, or other property, under process in admiralty or under the order of a court of admiralty, and for receiving and paying over the money, 2 per cent. on any sum under $500, and 14 per cent. on the excess of any sum over $500K, KOH BOUT...**

101-Interpreter's Fees.

For each day's attendance upon court...

For making translations ..

If more than 200 words for each additional 100

102-Witnesses' Fees.

For each day's attendance upon court...

For each mile travelled in going to and returning fron court

103-Crier's Fees.

On trial of every suit

104—Citizen Associates” Fees.

... 3.00 2.00 1.00

For each day's attendance...

105—Costs for Prevailing Party.

All necessary Court fees paid ont..

106-Consul's Fees.

The following fees shall be allowed in arbitration proceedings

Where the amount iu question is $500, or less

Where it exceeds $500, and up to $1,000...

Where it exceeds $1,000, for each $1,000 or fraction thereof

In cases of libel, slander, and all proceedings not requiring money judgments

In all arbitration proceedings judgment may be entered for costs, and execution issued thereon.

For issuing a search warrant

For holding an inquest

Fees for inquests are payable out of the estate of the descendent.

107-Fees in Probate Matters.

... 10.00 10.00

... 10.00-

(1) The administrator shall present to the court a bill of particulars of the services rendered by him, and the

court shall allow him a reasonable compensation, to be determined by the court.

(2) The consul, when salaried officer (drawing fixed compensation), shall not be allowed any fees in any judicial

proceeding whatsover appertaining to probate matters heard and decided by him as a consular court.

(3) If, in any case, a consul shall be appointed for any of the open ports of China and Japan, to whose office there is no fixed salary, and whose compensation depends on collection of consular fees, and who is vested with judicial anthority (as the consuls who have fixed compensation), then such consul shall be allowed the following fees:

For passing on current reports of executor administrator, or guardian

For passing on final reports of same

For a final order of discharge

For hearing application for distribution of estates..

For making order of distribution

The clerk shall receive the following fees :

For a citation in administration

For preparing and administering the oath to an executor, administrator, or guardian For issuing and recording letters of administration and guardian's certificate

For docket fee

For filing papers

For seal to letters of appointment of appraisers of estate... For seal to letters of administration .

For all other services, such as entering orders, copying and recording orders, etc., and such like aots, the clerk shall receive the same fees as are allowed under the general schedule for like services, and subject to such reasonable compeusation as may be allowed by the consular court.

The marshal shall receive for any services rendered by him in matters of probate, the same fees that are

provided in the general schedule for services of the same nature.

108—Fees in Ministerial Court.

The fees of the court and its officers.shall be the same as hereinbefore prescribed for the consular courts,

except in cases brought before said court upon appeal, in all of which cases a court fee shall be charged of 15.00 In addition to which, the same fees as consuls are allowed to oharge shall be allowed for the issuance, filing, etc.,

of all papers and process, and also administering oaths, etc.

The fees of the clerk, marshal, interpreters, etc., iu a ministerial conrt, shall be the same iu appellate as in other cases,

REGULATIONS GOVERNING THE INSPECTION OF PASSPORTS OF FOREIGNERS ENTERING CHINESE TERRITORY

Promulgated August 22, 1930, by Order of the Administrative Yuan of the

National Government, Republic of China

Art. I.-Unless otherwise provided for by law or treaty, Passports held by all foreigners entering the territory of the Republic of China shall be inspected in. accordance with the provisions of the following Regulations.

Art. II. A Passport shall give the name, sex, age, native place, address and occupation of the holder, and the reason for entering Chinese territory; it shall have a photograph attached and be viséd at a Chinese Consulate established in a foreign country. A Passport may include the members of a family (children under age) and servants; but the names and other particulars must be given in the Passport with photographs attached.

Art. III. Passports shall be inspected by the local government in Chinese territory. If necessary, the Maritime and Native Customs may be asked to assist. In special cases the Department concerned of the Central Government may appoint officials to direct and supervise inspection. The places of inspection will be separately specified.

Art. IV. If during inspection any one of the following conditions is found to exist the foreigner concerned may be denied entry into Chinese territory. The conditions are:-

1. When there is no Passport or when inspection is objected to.

2. When the Passport is not in regular order or is fraudulently obtained or

3. When the holder's activities may be detrimental to the interests of the

Kuomintang or Government, or may endanger public peace andsecurity.

4. When the holder is a vagabond or mendicant.'

When contrabands or indecent articles are carried.

6. When holder has previously been expelled from Chinese territory.

Art. V. If during inspection, any doubt should arise as to the purport of the conditions set forth in the preceding article, the Inspector shall refer the matter to his superior officer by the quickest, means possible and he may temporarily detain the foreigner pending decision.

Art. VI-Foreigners who are exempted by law or treaty from the necessity of producing Passports on entering Chinese territory shall nevertheless be subject to the provisions of Sections 3, 4 and 6 of Art. 4 and Art. 5.

Art, VII.-Detailed Rules supplementary to these Regulations are framed separately.

Art. VIII.-These Regulations shall be effective four months after date of promulgation.

Supplementary Rules to Regulations Governing the Inspection of Passports of Foreigners Entering Chinese Territory

Art. L.-These detailed Rules are made in pursuance of Article of the Regulations governing the inspection of Passports of foreigners entering Chinese.. territory (hereinafter referred to as "Regulations.")

Art. II. The expression. "children under age as used in Clause 2 of Article of the Regulations, shall be determined by the age limit fixed by the Civil Law of the Republic of China.

Art. III. The places where the inspection of Passports of foreigners entering Chinese territory will take place are as follows:-

dang mas moitsings[

Chinchou

Changchiakou

202 LU PASSPORTS OF FOREIGNERS ENTERING CHINESE TERRITORY

Manchuli Pogranichnaya

Hui Chun

(A) LAND ROUTES

Kashgaria Ta Cheng

Chien Shan

(also by sea) Tung Shing Tengyueh

Szemao Mengtsz Hokou Lungchow

(B) SEA ROUTES

Foochow Shanghai

at Woosung.)

Chinwangtao

Tientsin or

Newchwang

(also by land) Aigun

Samshui Chung Shan Swatow

Påkhoi Kongmoon

(Passports of those entering the Yangtze River not via Shanghai shall be inspected

Tsingtao Lungkou

Chefoo Weihaiwei

Tabeiho Tungkiang

Before an aerodrome has been laid out, Passports of foreigners entering Chinese territory by aircraft shall be inspected at the first authorized landing station. In case of necessity, the number of stations where Passports are inspected may be increased or reduced by the various departments concerned after sanction has been duly obtained.

The places of inspection on the borders of Mongolia and Tibet shall be given separately.

Art. IV.A foreigner denied entry into Chinese territory under the terms of Art. 4 of the Regulations, if found unable to leave the territory of the Republic of China shall be handed over to the Consul of his nationality to be dealt with.

Art. V. When the assistance of officers of the Maritime or Native Customs is required in the examination of Passports the local authorities and the Customs shall jointly make the necessary arrangements, and report to the Department con- cerned for record.

Art. VI.-Passports of foreigners entering Chinese territory besides being subject to the provisions of Art. 3 of the Regulations are subject to inspection by local authorities in the interior.

Art. VII.—If any one of the following conditions is found to exist, the local authorities in the interior shall at once detain the foreigner and report to the Senior Official for instructions:-

1. Any one of the conditions as laid down in Art. 4 of the Regulations,

2. When the Passport produced does not bear a chop to show that it has

been inspected,

Art. VIII.-The Inspector shall not ask for any payment from the foreigner for inspection of Passport.

Art. IX.-The Inspector when inspecting Passports shall be in uniform and shall wear a distinctive badge. The badges shall be prescribed by the Depart-

ment concerned.

Art. X.-The Inspector when inspecting Passports, shall give the foreigner desiring to enter Chinese territory an inspection form to be carefully filled in; said form shall be prescribed separately.

Art. XI.The Inspector after inspection shall impress a chop on the Passport giving the date of inspection. The form of this chop shall be prescribed by the Department concerned.

Art. XII.-The Inspecting authorities shall, before the 10th of each month, submit a table giving the name, sex, age, native place, occupation and address, as well as the reason for entering China, of all foreigners to whom permission has been granted or refused during the preceding month. This table shall be sent to the highest local authority for transmission to the Department concerned for record.

Art. XIII.In the event of any case arising not covered by the provisions of the Regulations or the detailed Supplementary Rules, the inspecting authority shall immediately telegraph to the Department concerned for instructions.

Art. XIV. These detailed Rules shall be effective from the date the Regulations are put in force.

CUSTOMS EXPORT TARIFF OF THE REPUBLIC OF

(Revised, June 24, 1934)

NOTE. The term "n.o.p.f." in this Tariff stands for "not otherwise provided for "·

Animals and Animal Products (not including Hides, Leather, Skins (Furs), Fishery and Sea Products)

Animals, Living

Bristles

Eggs and Egg Products:-

Per Hk. Tls.

Value 71% 7,

a. Egg Albumen, Yolk, and Whole Egg (Mélange), Dried

b. Egg Albumen, Yolk, and Whole Egg (Mélange), Moist and Frozen (not including Glycerised Egg Products)

c. Eggs, Fresh, in Shell (in- cluding Chilled Eggs in Shell) ...

d. Eggs, Preserved and Salt-

Feathers...

Hair, Horse ...

Value 5%

Skins, Dressed or Undressed, not

made up- a. Dog

b. Goat including Kid Skins... c. Marmot ...

d, Raccoon

e. Sheep (including Lamb

f. Squirrel

.g. Weasle

h. Others....

Skins, made up or Mounted Hides and Leather, n.o.p.f.

Per Hki Tls.

Value: 71%

Value 71%

Fishery and Sea Products

Bicho de Mar:-

a. Black

b. White

Fish, Cuttle :::

Thousand

Fish, Dried

Fish Glue

Fish Maws

... Value 71%

Fish, Salted

Per Hk. Tls.

Picul 3.40

Picul 1.70

Value 5%

Hair, Human

Honey (including Wild Unclean-

ed Honey) ...

Intestines

Meats, Fresh or Frozen (includ-

ing Game and Poultry)....

Meats Preserved and Prepared:-

a. Hams, Whole, in bulk b. Others

Bones (including Tigers' Bones) Glue, Cow

Horns, Buffalo and Cow

Horns, Deer, completely harden-

Horns, Deer, Old ... Horns, Deer, Young

Sea Shells and Oyster Shells

Sinews, Buffalo, Cow, and Deer

Tallow, Animal

a. White (Insect Wax):

b. Yellow (Beeswax)

Picul Value 5%

Fish Skin (including Sharks':

Skin)...

Mussels, Dried

Prawns and Shrimps, Dried (not -

including Crushed Shrimps) Sharks' Fins:-

a. Black

b. Clarified

c. White...

Picul 2.20 Value 74%

71,, Picul 0.74

Shrimps, Crushed

Fishery and Sea Products,

n.o.p.f.

a. Fish, Fresh

(including at SMI

frozen fish) no ses botomu Free

Beans, Black, Green, White, and

Yellow (not including White

b. Others

Value 5%

Value 74%

Beans and Peas

7/1/10 7,

Picul 0.14

Medicinal Beans)

Beans, Broad

Beans, Green, Small...

Picul 3.60

Beads, Red

Peas and Beans, n.o.p.f.

Buckwheat

a. Flour, Wheat

b. Flour, n.o.p.f.

Picul 2.10

Animal Products, n.o.p.f....

2.40 Value 71%

Hides, Leather, and Skins (Furs)

Hides, Leather and

Manufac-

tures of Leather, n.o.p.f.:-

a. Manufactures of Leather Value 5%

b. Others

Hides, Buffalo and Cow (includ- ing Calf), Dry or Wet, Salted or Unsalted

Leather, Buffalo and Cow,

simply Tanned including Chrome Sole Leather.

Cereals and Cereal Products

Picul 0.09

100 kg. 0.23

... Value 71%

Picul 0.13

(Machine-,

100 kg. Free

Value, Free

Picul 0.15

milled) (including Semo-

Kaoliang (Sorghum)

Rice and Paddy

..a. Dry... mbuat hidul Picul 2.00

b. Liquid

Nutgalls...

Turmeric

1. gurihwwali

Dyestuffs, Vegetable, n.o.p.f.

Fruits, Fresh, Dried, and Preserved

Value 7%

STOMS. EXPORT TARIFF OF THE REPUBLIC OF CHINA

Seed-cake (including Crushed

and Powdered):

a. Beancake

b. Cotton Seed-cake

Per Hk. Tls. Value 5% Picul 0.20

Per Hk. Tis

Oils, Tallow and Wax

Picul 0.035

Oil, Aniseed

Oil, Bean...

Oil, Cassia

Oil, Castor

Oil, Cotton-seed:

Oil, Groundnut .

c. Groundnut Cake... d. Rape Seed-cake

Cereal, no.pf.

Dyestuffs, Vegetable

Oil, Hempseed

100 kg. 0.48

Oil, Linseed

Oil, Perilla-seed

Oil, Rape-seed...

Oil, Sesamum seed

Oil, Tea

Oil, Wood

Oils, Vegetable, n.o.p.f. Tailow. Vegetable...

Value 5% Picul 0.79

Chestnuts, Fresh...

Dates, Black, Dried.

Dates, Red, Dried

Lichees, Dried

Lungngan Pulp

Olives Im

b. Salted or Preserved

Picul 0.41

Wax, Vegetable

Groundnuts:-

a. In Shell...

100 kg. 0.24

Lungngan Dried se2. bus quSA,,'

b. Shelled (including Blanched

Peanuts)

Seed, Apricot...

Picul 0.30 1.65

Picul 0,20

Seed, Castor

Value 71%

Seed, Cotton ...

Seed, Hemp ...

Seed, Lily-flower (Lotus-nuts)

Seed, Linseed...

Seed, Melon

Value 7%

Oranges, Fresh

Walnuts (Kernels an 1 in Shell)....

Fruits, n.o.p.f. (including Canned

Fruits) Dried and/or Salted:- in

Persimmons, Driede... 100 kg. 0.75 Others

Apples and Pears...

Valué 5%

* 100 kg. 0.40

.. Value

Persimmons walk leverx') w

Others, no.p.f. ...

Fruits, no.p.f. (including Canned

Fruits)-

a. Preserved and/or Canned... Value b. Others

Medicinal Substances and Spices (not

including Chemicals)

Seed, Perilla ...

Seed, Rape

Seed, Sesamum (not including

Picul 0.60 Value 71%

100 kg. 0.55

Value 71%

Sesamum-seed Pulp). Seeds, n.o.p.f....

Spirituous Beverages

Samshu and Medicated Samshu... 100 kg. Free Spirtuous Beverages, n.b.p.f... Value 7%

Sugar, under No. 11 Dutch

Standard. ... Sugar, No. 11 and over, Dutch

Standard

Aniseed, 'Broken ...

.:: Value 5%

Sugar Candy

Aniseed Star . b) THAN

Betelnuts

Picul 0.36

Tea, Black

Tea, Brick

(including

Betelnut Husks

Camphor...

Tea, Green

Cardamoms, Inferior

Tea Dust...

Cardamoms, Superior

Cassia Buds

Tea, Leaf, Unfired

Cassia Lignea

Value 5%

Tea, Scented...

Tea Siftings

Cassia Twigs

Picul 0.22

Tea Stalk

China-root (Whole, Sliced; or in an

Cubes)...

Tea, n.o.p.f.

Cinnamon

Galangal

Cigars and Cigarettes...

... 100 kg. Free

Value 74%

Value 71%

Tobacco, Leaf

Liquorice (including Scraped

Tobacco, Prepared......

Liquorice Root)...

H...!!!!

... Picul

Nutmegs'..

1.10 1.90

Tobacco, n.o.p.f.

Peel, Orange and Pumelo

Value 5%

Medicinal Parparations

Medicinal Substances and Spices,

n.o.p.f...

Picul 1,50 Value 5%

b. Others

Vegetable

Vegetable Products, n.o.p.f.:- a India Rubber and Gutta

Percha and Manufactures thereof

100 kg. 3.00

3.50 Value 74%

... Value 71%

Picul 2.30 Value 71%

induthumi, Value, 5%

Value '71%

Picul 03

0..9 Value 71%

CUSTOMS EXPORT TARIFF OF THE REPUBLIC OF CHINA

zondostuary Per Hk. Tls.

a. Black!

b. Others

Lily-flowers, Dried

Mushroom, Dried

Turnips, Dried and Salted

Vegetable, Dried, Fresh or Salted,

Other Vegetable Products

n.o.p.f....

Beancurd

Fodder (Grass and Hay)

Vermicelli and Macaroni

Planks:'{

a. Hardwood (not including

Camphor-wood,

and Te k):

Redwood,

1. Not exceeding 16-ft. long, 12-ius. wide, and

3.in. thick

2. Not exceeding 24-ft.

long, -in

3-in. thick

Per Hk. Tls.

Value 71%

wide, and

3. Others

b. Softwood.:

1. Not over 1-in. thick

2. Over 1-in. but not over

2-in. thick

3. Over 2-in. but not over

3-in, thick

Valué 74%

AWWE 2 Picul 0,082

Vegetable Products, n.o.p.f.

a. 1-in. in diameter or over, Thousand 0.91 b. Less than 1-in in diameter... Picul · 017 Bamboo, Split, Leaf, etc. Bambooware

Charcoal.

Coal (including Coal Dust, and Coal Bricks manufactured from

Coal Dust)...

Firewood

... Ton 0.34 0.75 Picul 0.036

Rattan Skin ...

Rattan, Split...

... Valne 7%

Picul 0.43 *0.23

100 kg. Free

Rattan, Whole (including Core)... Rattanware and Rattan Furni-

Timber, Wood, and Manufactures

Beams :-

a. Hardwood:

1. Square:

i. Not exceeding 26-

4. Over 3-in. but not over·

4-in, thick

5. Over 4-in.. but not over

5-in. thick

6. Over 5-in. but not över.

6-in. thick 7. Over 6-in.

Timber and wood, n.o.p.f.3 (‡n-

cluding Camphor-wood and Redwood Planks)

書史 - Histsyngraphy

Directory_and_Chronicle_1935_Part_003

Popular posts from this blog

Urban_Council_Voting_Register_1963_V1

Government Gazette | 政府憲報 | 1853-FOC

華僑香港年鑑 1954