THE
CHRONICLE & DIRECTO]
FOR
CHINA, COREA, JAPAN, THE PHILIPPII INDO-CHINA, STRAITS SETTLEMENT SIAM, BORNEO, MALAY STATES, &C.
(WITH WHICH IS INCORPORATED "THE CHINA DIRECTORY"),
FOR THE YEAR
1894.
THIRTY-SECOND YEAR OF PUBLICATION.
PRINTED
HONGKONG:
AND PUBLISHED AT THE "DAILY PRESS' OFF
Dynogu by Google
MDCCCXCIV.
THE
148032
ASTOR, LENOX AND TILBEN FOUNDATIONS. 1900.
LONDON
Do.
Do.
PARIB
GERMANY
NEW YORK.
SAN FRANCISCO.
SYDNEY
MELBOURNE
BRISBANE
CALCUTTA
COLOMBO... PENANG
SINGAPORE BANGKOK
SAIGON
TONKIN
MANILA
YOKOHAMA
KOBE
NAGASAKI
AGENTS.
E.C.
.Mr. F. Algar, 11, Clement's Lane, Lombard St,
Messrs. John Haddon & Co., Bouverie House, Salisbury Squar ..Messrs. Street & Co., 30, Cornhill, E.C.
.Messrs. G.-E. Puel de Lobel & Co.. 53, Rue Lafayette Messrs. Mahlau & Waldschmidt, Frankfurt o/M.
Mr. T. B. Browne, 353-5, Canal Street
...Mr. L. P. Fisher, 20 and 21, Merchants' Exchange ....Messrs. Gordon & Gɔtch, George St.
Messrs. Gordon & Gotch. Collins Street ...Messrs. Gordon & Gotch, Queen St.
...Messrs. W. Newman & Co., 4, Dalhousie Square
..Messrs. A. M. & J. Ferguson
..Messrs. Maynard & Co., Beach St., George Town
Messrs. Kelly & Walsh, Limited, 5, Battery Road Messrs. Ramsay & Co.
Messrs. Kloss & Co., 9, Quai de l'Arroyo Chinois Mr. H. Degenfeld, Rue Jean Dupuis, Hanoi .............Messrs. Diaz Puertas & Co., 5, S. Jacinto, Binondo
...Messrs. Kelly & Walsh, Limited, 61
Hyogo News Company
Messrs. R. H. Powers & Co.
Corea and W'FOSTOCK Messrs. K. H. Powers & Co., Naçṛasaki
SHANGHAI, &c.
TIENTSIN...
PEKING
FOOCHOW..
...Messrs. Kelly & Walsh, Limited, The Bund
.Messrs. H Blow & Co.
Mr. P. Kierulff
Mr. H. W. Churchill
AMOY AND FORMOSA... Mr. J. G. Götz, Amoy
SWATOW
MACAO
Yun Cheong Book Store ...Mr. A. A. da Cruz
DAMAR BY
HOUSE FLAGS.
ARNHOLD,KARBERG &C?
BELILIOS & C?
F. BLACKHEAD & CO
BORNEO CO
Hong Hong
BOUSTEAD & CO
Straits.
JJ.B.
+
BOYD & Co
Amoy
Z
BRADLEY & C?
BRANDAO & C°
Bong Bóng
BROWNE & C?
Japan.
BUCHHEISTER & C
BUTTERFIELD & SWIRE
Shanghai
+
CARLOWITZ & Co
* +
CARMICHAEL & CO
CHINA MERCHANT S.N.GY
C. & J. TRADING CO
Hong Ko
LCORNA BE E 09
Chefoo
DAUVER & CO
ALFRED DENT & CO
Amoy
DODWELL CARLILL & C
İFERGUSSON ECT
Cherbo
FOOCHOW LIGHTER CO
GIBB, LIVINGSTON &C°
GILMAN & C: LAVERS & C↑
JOHN GITTINS & C Foochow
HALL & HOLTZ CO-OPERATIVE CO HOLLIDAY, WISE & CO
*
LAPRAIK & Co
M
KAUTS & HAESLOOP LAUTS,WEGENER & C9
MCALISTER & C Straits
|MALCAMPO & C9
Amay
+
HONGKONG, CANTON
'THO! HOWARD & CO
JARDINE,MATHESON & CO
|LANE,CRAWFORD_CO
& MACAO STEAMBOAT O?
Hong Kong
UNSTEAD & DAVIS
Hong Kong
M
FA.MARKWALD & C↑
Siam
X
TB
LLOYD KHOO TIONG PON LO
Amoy
MACLEOD & C?
Menila se
MAITLAND & CO
A. R. MARTY MARTY & CO
G MOBAIN
M
MELCHERS & Co
MEYER & CR
MITSUI BUSSAN KAISHIA
MORRIS & C Shanghai
MOURILYAN,HEINANN & CO Japan
D.MUSSO BO
[NILS MOLLER
Hong Kong
Shanghai
NIPPON YUSEN
Kaisha
PASEDAG & Co
Amoy
MA PETERSEN EG
Amey
PURDON & CO
Foochow
REUTER, BRÖCKELMANN & CO
F.L.ROXAS Plakppines
E. S.
BASSOON SONS & C°
EP SCHELLHASS EC?
A.SCHOMBERG & CY
Hothom
BCOTTISH ORIENTAL 5.5.C?
SHEWAN & CO
SIEMSSEN & CO
TURNER & CO
WIELER & C? Hong Kong
Sti-tarfs-m
SKÖTT & CP
SMITH, BELL & CY STRAITS STEAMSHIP C
Manila
TAIT & C Amoy
Digri
INDEX-DIRECTORY.
PAGE
PAGE
House Flags, Plate of
Amoy Directory
Frontispiece
Mangtzu Directory
202
Amey, Descriptive and Statistical
176
Military Forces (British) in China
242
177
Nagasaki, Descriptive and Statistical
62
Amoy Larlies' Directory
182
Nagasaki Directory
62
Annan, Descriptive
201
Nanking, Des 'riptiva
.151
Annem, Provinces Directory
205
Nanking Directory
152
Bangkok, Descriptive and Statistical
315
Naval Squa tron, British, in China and Japan.
447
Bangkok Directory
316
Naval Squadron, Chinese, Northern
455
Romeo, Descriptive and Statistical
437
Naval Squadron, French, in China and Japan
.451
Borneo, British North, Descriptive and Statistical
440
Naval Squadron, German
153
Borneo, British North, Directory
441
Naval Squadron, Japanese..
454
Borner. British North, Estates Directory
441
Naval Squadron, Russian
453
Cambodia, Descriptive and Statistical
313
Naval Squadron, United States, in China and Japan
.452
Cambia Directory.
Canton Directory
Canton Ladies' Directory
Cebu. Descriptive and Statistical
Cebu Directory .
313
Negri Sembilan. Descriptive and Statistical
367
Cantor, Descriptive and Statistical
190
Negri Sembilan Directory
.367
191
Newchwang. Descriptive and Statistical
80
196
Newchwang Directory.
81
4:23
Niigata, Descriptive and Statistical
43
434
Niigata Directory
49
Chefoo, Descriptive and Statistical
97
Ningpo, Descriptive and Statistical
166
Chefon Directory
97
Ningpo Directory
167
China, Descriptive and Statistical
76
Osaka, Descriptive and Statistical
49
Chinklang, Descriptive and Statistical
149
Osaka Direct (ry
50
Chinkiang Directory
149
Pahang, Descriptive and Statistical
.364
Chungking, Descriptive and Statistical
161
Pahang Directory.
.365
Chungking Directory
165
Pakaoi, Descriptive and Statistical
200
Corea, Descriptive and Statistical
68
Pakhoi Directory
200
Corean Directory
09
Poking, Pescriptive and Statistical
83
Far East, Map of.
Fronting Directory
Peking Dire ory
84
Foochow, Descriptive and Statistical.
170
Penang, D. seriptive and Statistical
.38+
Foochow Directory
171
Penang, Plan of George T wwn
334
Foochow Ladies' Directory
176
Penang Directory.
385
Foreign Residents, Alphabetical list of.
463
Perk, Descriptive and Statistical
.373
Formosa, Descriptive
183
Perak Directory..
379
Haiphong, Descriptive and Statistical
283
Pailippines, Descriptive and Statistical.
.337
Haiphong Directory -
285
Port Arthur (Lu Shun Kao), Description.
82
Hakodate, Descriptive and Statistical
46
Port Arthur (Lai Shun K'ao) Directory
82
Hakodate Directory
Hankow, Descriptive and Statistical
Hankow Directory
47
Saigon, Descriptive and Statistical....
.297
155
Saigon Directory
298
156
Saigon, Plan of
297
Hanei, Descriptive and Statistical
278
Sarawak, Descriptive and Statistical
437
Hanoi Directory
279
Sarawak Directory
438
Hanoi, Pian of
280
Selangor, Descriptive and Statistical.
373
Hoihow, Descriptive and Statistical
190
Selangor Directory
374
Hoihow Directory
100
Shanghai, Descriptive and Statistical
.101
Hongkong, Descriptive and Statistical
203
Shanghai Directory .
111
Hongkong Directory
214
Shanghai, Insurance Offices
144
Hongkong, Insurance Offices
253
Shanghai, Roards in the settlements
.147
Hongkong Ladies' Directory
256
Shanghai, Plan of Foreign Settlements
101
Hongkong, Peak Directory
200
Shanghai, Plan of Hongkew
148
Hongkong. Plan of Peak District
260
Siam, Descriptive and Statistical.
315
Hongkong, Plan of Victoria
.208
Singapore, Descriptive and Statistical
220
Hongkong Streets Directory.
.262
Singapore Directory.
331
Hu, Descriptive and Statistical
294
Singapore, Insurance Offices
259
Hue, Directory
294
Singapore. Plan of
320
Ichang, Descriptive and Statistical.
163
Steamers, Coasting and River
456
Iching Directory
164
Sungei Ujong, Descriptive and Statistical
371
Iloilo, Descriptive and Statistical
429
Sungei Ujong Directory.
371
Iloilo Directory
429
Swatow, Descriptive and Statistical
187
Japan, Descriptive and Statistical
7
Swatow Dir "ctory.
185
Jelebu Directory
.371
Swatow Ladies' Directory
189
Johore. Descriptive and Statistical....
362
Takao and Tainanfeo, Descriptive and Statistical
185
Johore Directory
362
Takao and Tainanfoo, Directory
186
Kelong. Descriptive and Statistical
18.1
Taku, Descriptive and Statistical
96
kelung Directory
134
Taku Directory
96
hewkiang, Descriptive and Statistical
154
Tamsui, Descriptive and Statistical
184
Kerkiang Directory .
151
Tamsui Directory
185
Kobe (Hyogo), Descriptive and Statistical
52
Tientsin. Descriptive and Statistical
87
Kole (Hyogo) Directory.
53
Tientsin Directory
88
Kobe and Hyogo, Piau of
52
Tokyo, Descriptive and Statistical
Kowloon (British), Directory.
261
Tokyo Diretory
13
Kowloon (Chinese) Description
197
Tonkin, Descriptive.
278
Kowloon (Chinese) Directory
198
Tonkin, Provinces
.291
Labuan. Descriptive and Statistical
441
Wei-hai-wei Directory.
100
lapps Directory
198
Wenchow, Descriptive and Statistical
188
Lungchow, Descriptive and Statistical.
201
Wenchow Directory.
169
Langchow Directory
.201
Whampoa, Descriptive and Statistical
.197
Macao, Descriptive and Statistical
268
Whampoa Directory
197
Xacto Directory
269
Wladivostock, Descriptive
1
Maleca, Descriptive and Statistical
207
Wladivostock Directory
2
Malacca Directory
Wuhu, Descriptive and Statistical.
152
Manila, Descriptive and Statistical.
398
Wuhu Directory
153
Manila Directory
Manila, Insurance Offices
Manila, Plan of
Mengzza, Descriptive and Statistical.
309
Yokohama, Descriptive and Statistical.
28
427
Yokohama Directory
29
.397
Yokohama, Insurance Offices
44
.201
Yokohama, Plan of
iv
PAGE
Admiralty, Rules of Procedure in Supreme Court
255
INDEX
TREATIES, CODES, AND GENERAL
Treaties:-
With China :-
PAGE
Calendar, Anglo-Chinese
V
Brazil, Tientsin, 1881
08
Calendar and Chronology
VI
France, Tientsin, 1858..
42
Chair, Boat and Coolie Hire, Hongkong.
XXXVIII
France, Convention of Peace, 1860.
51
Chambers of Commerce, Scale of Commissions, &c....349 Chinese Festivals and Observances
France, Tientsin, 1885..
53
.XVIII
France, Trade Regins, for Annam Frontier, 1886
50
Chinese Passenger Act.
334
France, Convention, 1887
61
Consular Fecs, Table of .
198
Germany, Tientsin, 1861.
63
Court of Consuls at Shanghai, Rules of Procedure
258
Germany, Peking, 1880
70
Customs Seizure, China, Articles relative to
31
Great Britain, Nanking, 1842
3
Customs Tariff,
China,
15
Great Britain, Tientsin, 1858
5
Customs Tariff,
Do. Rules.
Customs Tariff, Japan, Exports
Customs Tariff, Do. Imports
Customs Tariiff, Siam .
28
Great Britain, Peking Convention, 1860
12
142
Great Britain, Ch÷foo Convention
33
140
152
Customs Tariff, Corea.
122
Great Britain, Chefoo Convention, Additional Great Britain, Opium Couvention, 1886 Great Britain, Chungking Convention, 1890
37
39
40
Foreign Jurisdiction Act, 1878.
.201
Japan, Tientsin, 1871
11
Hongkong, Charter of the Colony
269
Peru, Tientsin, 1874.
.950
Hongkong, Code of Civil Procedure
.273
Portugal, 1888
102
Hongkong, Code of Civil Procedure Ordinance amended.329
Russia, St. Petersburg, 1881.
75
Hongkong, Legislative Council, Rules of.
273
Hongkong, Legislative and Executive Councils, Consti-
Regulations for Russian Land Trade. United States, Tientsin, 1858
80
84
tution of
.271
United States, Additional, 1868
90
Hongkong, Port Regulations
338
United States, Peking, 1830..
92
Hongkong, Supreme Court Fees..
331
With Corea :--
Letters Patent Fees, Hongkong.
XXXVII
Great Britain, 1883
.114
Licences Fees, Hongkong
XXXVII
Great Britain, Trade Regulations
119
Money, Weights, and Measures.
XX
Order in Council, H.B.M., China and Japan, 1885. Order in Council, H.B.M., China and Japan, 1877. Order in Council, H.B.M., China and Japan, 1878. Order in Council, H.B.M., China and Japan, 1881. Order in Council, H.B.M., China, Japan and Corea, 1884 193 Order in Council, H.B.M., China, Japan and Corea, 1884 196 Order in Council, H.B.M., China, Japan and Corea, 1886 197 Order in Council, H. B. M., China, Japan and Corea, 1886 198 Port Regulations for H.B.M. Consulates in China. Postal Guide, Hongkong..
Signals, Fire, Storm, &c., Hongkong
Stamp Duties, Hongkong
Supreme and other Courts in China and Japan, H.B.M.,
Rules of
Japan, 1876
129
154
Japan, Supplementary, 1876.
131
182
United States, 1882.
125
183
186
With Japan:-
Great Britain, 1858
.133
Great Britain, France, the U.S. A., and Holland, 1866 137 United States, 1886, Extradition Treaty
144
Mexico, 1888
.... 146
346
With Siam:
XXI
Great Britain, 1856
.148
XXXVIII
.XXXIII
Great Britain, Trade Regulations with. France, 1893
151
.352
.205
Supreme Court in China and Japan, H.B.M., Fees .252
Trade Marks Fees, Hongkong
United States Consular Courts in China, Regulations ..259 Weights and Measures, Money
XXXVII
XX
Digizon by Google
Anglo-Chinese Calendar for 1894.
BEING LVII. & LVIII. OF QUEEN VICTORIA,
XIX. of Kwang-sü, being Kwei-as, or the 30th Year of the Cycle, and XX. of Kwang-si, being Kap-ng', or the 81st Year of the Cycle. 午甲次歲年十二緒光至巳癸次歲年九十緒光
DABAR BY
NOOW
DATE
1 & 2
NOOW
111 26 Thur.
1 24
Tues.
27 Fri.
Wed.
28 Sat.
JANUARY
FEBRUARY MARCH
APRIL
MAY
JUNE
(31 Days)
(28 Days)
(31 Days)
(30 Days)
(31 Days)
(30 Days)
DAYS
DATE
11 & 12
of the
WEEK
Mon.
KOON
DAYS
of the
WEEK
ii 26 Thur. 26,Fri.
27 Sat.
DATE
12 & 1
DAYS
of the
WERK
DAYB
of the
WEEK
DATE
2 & 3
MOON
DAYS
of the
WEEK
DATE
3 & 4
MOON
DAYS
[of the
WEEK
DATR
4 & 5
Μουν
JULY
(31 Days)
DAYS
of the
WEEK
DATE
5 & 6
AUGUST
SEPTEMBER
OCTOBER
NOVEMBER
DECEMBER
(31 Days)
(30 Days)
(31 Days)
(30 Days)
(31 Days)
NOOK
DAYR
of the
WEEK
DATE
7 & 8
ROOK
DAYB
of the
WEEK
DATE
25 Mon.
26 Tues.
in E
Thur.
23 S.
29 S.
27 Wed.
1234
Fri.
29 Mon.
80 Mon.
28 Thur.
11 26 Tues.
27 Wed.
23 Thur.
29 Fri.
30 Sat.
5] IV
III 26 Fri.
27 Sat.
2
28] S.
29 Mon.
3
4
1 Tues.
Bat.
80 Tues.
S.
XII 1Wed.
Mon.
Thur.
Tues.
Fri.
1 Tues.
2 Wed.
Thur.
4Fri.
29 Fri.
S.
2 Wed.
1 IV 28
S.
29 Mon.
30 Tues.
1|Wed.
2 Thur.
$ Fri.
''
28 Wed.
29 Thur.
Fri.
2 Sat.
Vit 1 Sat.
2
3 Mon.
4 Tues.
in
S.
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5,Wed.
Mon.
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1 Sat.
2 Mon.
3 Thur.
4 Sat.
Tues.
Fri.
S.
3 Tues.
8
Fri.
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Wed.
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Jon.
9
4 Wed.
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บ
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6 7 8
NOOM
DAYS
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WEEK
vi 2 Mon.
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DATE
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MOON
DATB
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WEEK
IX
M
Wed.
Thur.
Fri.
Sat.
M
DATE
10 & 11
ROOT
DAYS
of the
WERK
DATE
11 & 12
KOOX
Sat.
$.
=
Mon.
607
Thur.
Tues.
Fri.
Mon.
Wed.
7 Sat.
8 Tues.
Thur.
S.
Wed.
10 Fri.
Mon.
10 Thur.
11 Sat.
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6 Sat.
[10]
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Wed. 14
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Tues. 16
Wed. 17
Thur. 18
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10 Thur. 15)
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7 Fri. [13]
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Chur.
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10 Fri. [16]
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11]Fri.
16
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&
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10 Tues. 151
11 Wed.
13
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Pri.
10 Thur. 14)
11 Nat.
11 Fri.
12 $.
18:
12 Sat.
161
(17)
12 Sat.
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11 Tues. 17
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13 5. 17
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12 Wed. [18]
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Wed. 31)
3 3 3 3 8 5 3 8 35
13 Mon. 19 14 Tues. [20] 15 Wed. 21 16 Thur. '22
14 Mon.
19
13 Thur. [19]
14 Sat.
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211
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17 Fri.
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[24]
19 S. 25
20 $ (25
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21 Thes. 27 Wed. [28]
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[29]
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15 Tues. 20 16 Wed. 21 17|Thur. |22||
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15 Fri.
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10 Thur. 13
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17 Mon. 17] 18 Tues, 18! 19]Wed. [18]
120)
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20 Thur.
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21 Sat.
17 Thur. 15
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16|
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10
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17
20 Mon.
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18
21 Tues. [18]
21 Mon. 19
22 Wed. 19]
20
22 Tues. [20]
23 Thur. [20]
16 Mon.
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21
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20 Fri.
23 Wed.
18 Fri.
19]Sat.
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21 Mon.
22 Tucs.
20 Mon. (23) 21【Tues. [24] 22 Wed. 25
23/Thur.
21|Fri.
25]Sat.
27 Mon. 30
1
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26
Tues. 31
≈ 2 3 3 3 3 6 3 885
19 Tues. 21) 20]Wed. 22
21 Fri.
22
S.
21
23 Wed. [21]
24 Fri.
22 6al.
23 Mon.
24 Thur. [22]
25 Sat.
22
21 Thur. 23
23
S.
24 Tues.
25 Fri.
[23]
20
S.
23
22[Fri.
24
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24
27 Mon. 24}
23/Sat.
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25 Tues.
20 Thur.
271 S.
(26)
28 Tues. 25|
24 S.
26]
26 Wed. [26)
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20{Fri.
25 Mon. 27} 26 Tues. 28 27 Wed. 29,
23 Thur. 30
29
31 vi
27 Thur. {27} 28]Fri. [28]
29|8at..
30
29 IX
Fri.
28 Sat.
29 8.
1|Mon. [29] X 2 Tues. [30] Wed. (81
30 Wed. [28]
28'Mon. 26)
29 Wed. 26
29 Tues. 27 XI
1 Thur. 27 x1 2 Fri.
[28]
1)Thur. 29
2Fri.
8 Sat.
29
8.
Mon. [81
:
B
vi
THE CALENDAR FOR 1894
JANUARY-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st
...6h. 42m.
5h. 26m.
15th.
..6h. 44m.
5h. 35m.
Maximum.
MOON'S PHASES
Minimum
1892
1893
•
.76
73
.46
32
d. h. m. sec.
New Moon
7
10
43
44 A.M.
First Quarter 15 Full Moon Last Quarter 29
21
7 45 10 47 44 P.M.
42 A.M.
Barometer, 1893.
Mean......
..31.09
0
26 48 A.M.
1892
0.52 inches
RAINFALL
1893 1.53 inches
Mon. 1
25
Tues. 2
26
Wed.
27
Thur.
4
28
Frid.
5
29
Sat.
6
30
Sun.
7
1
Mon.
8
2
Tues.
9
3
Wed. 10
4
Thur. 11
5
Frid. 12
6
Sat.
13
7
APOGEE, 5 days, PERIGEE, 20 days,
Days of Days or 11 & 12 Моктн WEEK
MOONS
2222
8 hours, P.M. 11 hours, A.M.
Chronology of Remarkable EventS
Kobe and Osaka opened, 1888. Overland Telegraph through Russia opened, 1872. Establishment of bonded warehouses in Shanghai, 1888. Death of Prince Chun, father of the Emperor Kwang-Su, 1891.
The Emperor Kang-hi sends as his Envoy to the Pope the Jesuit Father Bouvet, 1706. Imperial Decree disgracing Ch'ung How issued, 1880. First election by the Hongkong Chamber of Commerce of a member of the Legislative Council, 1884.
First election by the Hongkong Justices of the Peace of a member of the Legislative
Council, 1884.
Decree of Emperor Tao-kwang prohibiting trade with England, 1840. Commissioner
Yeh captured, 1858.
EPIPHANY. Fearful fire at Tientsin, 1,400 famine refugees burnt to death, 1878. 18t after EPIPHANY. Forts at Chuenpi taken with great slaughter, 1841. Ice one-fourth inch thick at Canton, 1862. British str.
near Swatow; about 350 lives lost, 1892. Murder of Mr. Holworthy at the Peak, 1869.
Namchow" sank off Cup Chi,
Marriage of the Mikado of Japan, 1869.
Seamen's Church, West Point, opened, 1872. New Union Church, Hongkong, opened,
1891.
Tung-chi, Emperor of China, died, in the nineteenth year of his age, 1875.
Ki-ying, Viceroy of Two Kwang, issues a proclamation intimating the intention of
opening up Canton according to the Treaties, 1846.
Sun. 14
Mon.
Tues.
15
16
Wed.
17
Thur.
18
Frid. 19
Sat.
Sun.
21
20
Mon.
22
16
Tues. 23 Wed.
17
24
18
25 Thur.
19
Frid.
26
20
Sat. 27
21
28
Sun.
Mon. 29
Tues. 30
Wed. 31
BACK Dy
22
23
24
25
22 72* **
IRRERA & 2 2* * ** *** **
8
2nd after EpipHANY. Secretary of American Legation murdered at Tokyo, 1871,
9
Bread poisoning in Hongkong, by Chinese baker Alum, 1867.
10
Severe frost in Hongkong, 1893.
11
The Tai-wo gate at the Palace, Peking, destroyed, 1889.
12
Great Gunpowder explosion in Hongkong harbour, 1867.
13
14
15
Elliot and Kishen treaty, oeding Hongkong, 1841. Sailors' Home at Hongkong formally
opened, 1883.
Attempt to set fire to the C. N. Co.'s steamer " Pekin,' at Shanghai, 1891.
SEPTUAGESIMA SUNDAY. Collision near Woosung between P. & O. steamer "Nepaul
and Chinese transport "Wan-nien-ching;" latter sunk and eighty lives lost, 1887. Celebration of Hongkong's Jubilee, 1891.
The first Chinese Ambassadors arrived in London, 1877.
P. & O. steamer "Niphon" lost off Amoy, 1868.
Matheus Rioci, the Jesuit Missionary, enters Peking, 1601. U.S. corvette "Oneida "
lost through collision with P. & Ö. steamer "Bombay, near Yokohama, 1870.
*
Hongkong taken possession of, 1841. St. Paul's Church at Macao burnt, 1835. Terrific
fire at Tokyo; 10,000 houses destroyed and many lives lost, 1881.
SHKAGESIMA SUNDAY.
Decree from Yung-ching forbidding, under pain of death, the propagation of the
Christian faith in China, 1733.
Lord Baltoun left China with $3,000,000 ransom money, 1846,
THE CALENDAR FOR 1894
vii
Chronology of Remarkable Events
FEBRUARY-28 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
4th
...6h. 40m.
5h. 49m.
1892
1893
19th
...6h. 31m.
5h. 57m.
Maximum
.79
71
Minimum
.49
45
MOON'S PHASES
New Moon
d. h. m.
6 5
sec.
First Quarter 13 6 Full Moon Last Quarter 27 8
20
21 19 40 P.M. 7 52 43 A.M. 42 P.M.
43 A.M.
Barometer, 1893
Mean.....
.30.16
APOGEE, 10 days, PERIGEE, 18 days,
8 hours, P.M. 5 hours, A.M.
1892
RAINFALL
1.25 inches
1893
0.46 inches
DATS OF DATE OP
MONTH
12 & 1 MOONS
Thur.
1
Frid.
2
Sat.
3
Sun
4
Mon.
5
27 228
26
Tues.
Wed.
-J O
6
N.Y.1
7
Thur.
8
Frid
9
4
Sat.
10
5
Sun. 11
6
Mon. 12
Tues. 13
789
Wed.
14
Thur.
15
10
Frid.
16
Sat.
17
Sun.
Mon. 19
Tues. Wed.
* 1 ∞ - 222 *
11
12
18
13
2 4 467 8
14
20
15
21
16
Thur.
17
Frid.
23
18
Sat.
24
Sun.
Mon.
Tues.
Werl.
*****
25
20
26
21
27
28
23
19
≈ 222X
Inhabitants of Hongkong declared British subjects, 1841. The Additional Article to
Chefoo Convention came into force, 1887.
Letters from the Imperial Commissioner Lin to H.B.M. the Queen, complaining of the persistency of her subjects in sending Opium to China, 1840. The new German Club at Hongkong opened, 1872.
QUINQUAGESIMA Sunday. Great robbery in the Central Bank, Hongkong, discovered, 1865. Anti-Foreign riot at Chinkiang, foreign houses burned and looted, 1889.
SHROVE TUESDAY. The Spanish Envoy Halcon arrived at Macao to demand satisfaction
from the Chinese for the burning of the Spanish brig " Bilbrano," 1840. ASH WEDNESDAY.
The Spanish fleet leaves the port of Cavite, by order of the Governor of Manila, for the
purpose of taking Formosa, 1626.
The "Henrietta Maria" was found drifting about in the Palawan Passage, captain, crew
and 250 coolies missing, 1857.
1ST IN LANT. The Japanese constitution granting representative government proclaimed
by the Emperor in person at Tokyo, 1889.
Outbreak of Convicts in Singapore Gaol, 1875.
St. Valentine's day. Tung Wah Hospital, Hongkong, opened by Sir R. G. MacDonnell,
1872.
Ports of Hongkong and Tinghai declared free, 1841. The Chinese frigate ** Yu-yuen " and
corvette "Ciun-eneng" sunk by the French in Sheipoo narbour, 1885.
Insurgents evacuated Shanghai, 1856. Stewart scholarship at Central School, Hongkong,
founded, 1884. Alice Meinorial Hospital, Hongkong, opened, 1887.
2ND IN LENT. The U.S. paddle man-of-war "Ashuelot" wrecked on the East Lammock Rock, near Swatow, is83. Telegrapme communication between Haiphong and Saigon established, 1884.
Lord Amherst's Embassy, returning from China, was shipwrecked in the Java Sea,
1817
Mr. A. R. Margary, of H.B.M.'s Consular Service, was murdered at Manwyne, Yunnan
by Chinese, 1875.
The Emperor Tao-kwang died, 1850 (reigned 30 years).
Hostilities between England and China recommenced, 1841. Steamer "Queen" captured
and burnt by pirates, 1857. First stone of the Hongkong City Hall laid, 1867.
Chusan evacuated by the British troops, 1841. Explosion of boiler of the str. "Yotani" between Hongkong and Macao; six Europeans and thirteen Chinese killed and vessel destroyed, 1384.
3RD IN LENT. Captain Da Costa and Lieut. Dwyer murdered at Wong-ma-kok, in
Hongkong, 1849.
Bogue Forts (Canton) destroyed by Sir Gordon Bremner, 1841. Hongkong police chop
burnt, 1884. Marriage of the Emperor Kwang-su, 1889.
Treaty of peace between Japan and Korea sigued at Kokwa, 1876. Evacuation of Port
Hamilton by the British forces, 1887.
Capture of the Sulu capital by the Spaniards, 1876.
viii
THE CALENDAR FOR 1894
MARCH-31 DAY
SUNRISE
SUNSET
HONGKONG TEMPERATURE
6th
......6h. 19m.
6h. 04m.
1892
1893
20th
..6h. 06m.
ch.
09m.
MOON'S PHASES
Maximum Minimum
.80
78
.46
50
d. h. m. sec.
New Moon
7 9 54 First Quarter 15 2 Full Moon Last Quarter 29
45
P.M.
4
41
A.M.
Barometer, 1893.
21 9
47 42
P.M.
Mean....
.30.06
4
3 46 P.M.
Thur. 1
24
Frid.
25
Sat.
26
Sun.
27
Mon.
5
28
Tues. 6 Wed. 7
Thur. 8
29
1
2
Frid. 9
3
Attack on Messrs. Farnham and Rohl at Shanghai, 1872.
Sat. 10
4
Sun. 11
5
Mon. 12
6
Tues. 13
7
Wed. 14
8
Thur. 15
9
Frid. 16
10
Sat. 17
11
Sun. 18
12
APOGEE, 1 day, PERIGEE, 17 days, APOGEE, 29 days,
Days of | DAYS OF 1 and 2
WEEK
MONTH Moors
a to
******
midnight.
2 hours, P.M. 8 hours, A.M.
1892
3.90 inches
RAINFALL
1893 3.38 inches
Chronology of Remarkable Events
St. David's day. Bombardment of the Chinhai forts by French men-of-war, 1885.
First Dutch Embassy left China, 1657.
Foreign Ministers received in andience by the Emperor at the Tax Kuang Po, 1891.
4TH IN LENT. Emperor Kwang-su assumes the government, 1889.
Expulsion of Chinese Custom House from Macso by Governor Amaral, 1849.
Hostilities at Canton recommenced.§Fort Napier taken by the English, 1841.
Departure of Governor Sir J. P. Hennessy from Hongkong, 1882.
Commercial tresty concluded between the United States and Japan, 1854.
Lin arrived in Canton, 1889. 12,000 Chinese troops attacked the English in Ningpo and
Chin-hai and were repulsed with great slaughter, 1842.
5TH IN LENT. Governor Sir R. G. MacDonnell arrived in Hongkong, 1866.
Imperial Commissioner Kl-chen, degraded by the Emperor, left Canton as a prisoner,
1841. Capture of Bacninh, Tonkin, by the French, 1884.
Chinese Custom House closed at Macao, 1849.
8,000 Chinese troops routed by the English at Tze-hi, with great slaughter, 1842. New
Law Courts at Yokohama opened, 1890.
Governor Sir H. Robinson left Hongkong for Ceylon, 1865. Chinese Envoy Ping and suite left Shanghai for Europe, 1866.
PALM SUNDAY. Edict of Commissioner Lin to surrender all opium in Canton, 1899.
Chungking declared open to foreign trade, 1891.
St. Patrick's Day. Lord Macartney's Embassy left China, 1794.
Mon. 19
13
Governor Sir G. Bonham landed at Hongkong, 1848.
Tues. 20
14
Wreck of the steamer "Nanzing," near Hongkong, 1891,
Wed. 21
Thur. 22
15
British ship "Sarah," first free-trader, sailed from Whampos, 1834.
16
Frid. 23
17
Death, at Peking, of Sir Harry Parkes, H.B.M. Minister to China, 1885. GOOD FRIDAY. Captain Elliot forced his way to Canton, 1839.
Sat.
24
18
First Section of Manila-Dagupan railway opened, 1891.
Sun:
25
19
Mon.
26
20
Tues. 27
21
EASTER SUNDAY. Captain Elliot demanda passports for himself and all the British subjects
imprisoned in Canton, 1839.
Great Flood at Foochow, 1874.
Death of the widow of the Emperor Tung-chi, 1875. Protocol of Convention between
China and Portugal signed at Lisbon, 1887.
Wed. 28
22
20,289 chests of Opium burned by Lin, 1839.
Thur. 29
23
Seizure and occupation of the Pescadores by the French fleet, 1885.
rid. 30
24
Arrival of Governor Sir George Bowen, G.C.M.G., in Hongkong, 1883.
Bat.
31
25
Debby
Abolition of the Coolie trade at Macao, 1874. Árrival of the Duke and Duchess of
Connaught in Hongkong, 1890.
THE CALENDAR FOR 1894
ix
Mos TH
MOONB
Sun.
1
26
Mon.
27
Tues.
28
Wed.
4
Thur. 5
30
Frid.
6
1
Sat.
7
2
Sun.
8
APRIL-30 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
4th 19th
.5h. 52m.
6h. 15m.
1892
1893
..5h. 38m.
6h. 20m.
Maximum
.84
82
MOON'S PHASES
Minimum
..57
56
d. h. m. sec.
New Moon
36
8 46 37 47 56 45 A.M.
40 A.M.
BAROMETER, 1893
A.M. A.M.
Mean....
.29.95
6 11 First Quarter 13 8 Full Moon 20 10 Last Quarter 28 10
PERIGEE, 11 days, APOGEE, 26 days,
DAYS OF DAYS OF 2 and 3
WHI
ON M
4 hours, P.M. 4 hours, P.M.
1892
11.59 inches
RAINFALL
1893
8.43 inches
CHRONOLOGY of Remarkable Events
LOW SUNDAY. The port of Hoihow, Hainan, opened, 1876. The ports of Pakhoi,
Wenchow, Wuhm, and Ichang opened, 1877.
Prince Kung degraded by the Empress Dowager, 1865.
Protocol arranging the preliminaries of peace between France and Chins signed at Paris, 1885. The Czarewitch and Prince George of Greece arrive in Hongkong, 1891. Bogue Forts destroyed by General D'Aguilar, 1847.
Convention between Sir John Francis Davis and the Viceroy Ki-ying for the admission of
Europeans into the city of Canton, within two months, 1842.
Hongkong Mint opened, 1808.
2nd ́AFTER Eastan. Arrival of M. Paul Bert at Hanoi, 1886.
Mon. 9
Tues. ·10
5
Wed. 11
6
Terrific tornado in Canton ; 2,000 houses destroyed, and 10,000 lives lost, 1878.
Thur. 12
7
37,000 Christians butchered in Japan, 1788. Death at Peking of Marquis Tseng, 1890.
Frid.
13
8
Sat.
14
9
Sun
15
10
Mon. 16
11
3rd after Easter. St. Francis Xavier left Gos for China, 1552. Governor Sir Arthur Kennedy arrived in Hongkong, 1872.
Tues. 17
12
Wed.
18
Thur.
Frid.
Sat.
Sun.
Mon.
∞ ∞ 2 ~ 2 ***
13
19
14
Telegraph to Shanghai opened, 1871. Execution at Kowloon city of nineteen pirates
(including "Namoa" pirates), 1891.
Convention between China and Japan settling Corean differences signed at Tientsin, 1885.
The O. & O. steamer "San Pablo" wrecked near Turnabout, 1888.
The "Sir Charles Forbes," the first steamer in Chins waters, arrived, 1830. The Czare-
witch arrived at Hankow, 1801.
20
15
21
16
22
B67
23
18
St. George's Day.
Tues. Wed. 25
24
19
20
Thur. 26
Frid.
Sat.
* N * 23
21
27
22
28
23
17 4TH AFTER EASTER.
East India Co. ceased trade with China, 1834. Arrival of Governor J. Pope Hennessy in Hongkong, 1877.
Sum 29
Mon.
30
Capture of the citadel at Hanoi, Tonkin, by the French forces, 1882. Departure of Sir
William Marsh, acting Governor of Hongkong, 1887.
Foundation stone of Victoria College, Hongkong, laid, 1884.
Ratifications of Corean treaty with England exchanged, 1884. Privy Council for Japan
constituted by Imperial decree, 1888
24 ROGATION Sunday.
25
25
Arrival of General Grant in Hongkong, 1879.
X
THE CALENDAR FOR 1894
MAY-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
2nd 10th
.5h. 28m.
6h. 26m.
1892
1893
.5h. 20m.
6h. 32m.
MOON'S PHASES
Maximum Minimum
.88
89
..64
65
d. h. m. sec.
New Moon
5
10
First Quarter 12 Full Moon 20 Last Quarter 28 3
PERIGEE, 8 days, APOGEE, 24 days,
1
0
17 45 P.M. 57 41 P.M. 18
49 A.M. 40 44 A.M.
Barometer, 1893
Mean.........
...29.86
noon.
9 hours, A.M.
1892
8.57 inches
RAINFALL
1893
16.13 inches
DAYS OF Days or | 3 and 4
WEEK
MONTH MOONS
Tues.
1
26
Wed.
Thur. Frid.
W N
27
3
28
29
CHRONOLOGY of Remarkable Events
St. Philip and St. James's day. First number of "Hongkong Gazette" published, 1841. Telegraphic communication established between Hongkong and the Philippines,
1880.
Ratification at Tientsin of the Treaty between Portugal and China, 1888.
ASCENSION DAY. Suspension of Oriental Bank, 1884.
Riot in French Concession at Shanghai, 1874. Roman Catholic Cathedral at Peking
inaugurated, 1884.
Sat.
1
British troops evacuated Ningpo, 1842.
Sun.
2
Mon.
7
3
Sunday after ASCENSION. Attack on Mr. Wood at the British Legation at Tokyo, 1874. Departure of Governor Sir William Des Vœux from Hongkong, 1891.
Tues.
8
Wed. 9
Thur. 10
6
Frid. 11
7
Sat.
Sun. 13
12
9
Mon.
14
10
Tues. 15
11
Wed. 16
12
Thur. 17
13
Frid.
18
14
Sat.
19
Sun. 20
Mon.
21
Tues. 22
Wed. 23
Thur. 24
Frid.
25
Sat.
26
Sun. 27
Mon.
28
Tues. 29
*** *** **
* 22 *** *** *8
15
16
17
18
19
20
Prince Kung's honours restored, 1865.
New Town Hall at Tientsin opened, 1890. Waglan Lighthouse opened, 1893.
Colonel Gordon with the Imperial troops captured Chang-chow, the rebel city, 1864.
Occupation of Port Hamilton by the British Squadron, 1885.
Attempted assassination of the Czarewitch by a Japanese at Otsu, Japan, 1891. Execution
of fifteen pirates (including leader of "Namoa" pirates) at Kowloon, 1891.
East India Co.'s garden at Canton detroyed by the Mandarins, 1881. Signing of the
Li-Fournier Convention, 1884.
WHIT SUNDAY. A corporal of the British Legation murdered by Chinese soldiers at
Peking, 1864. Anti-Foreign riot at Wuhu, 1891.
Arrival of Sir John Walsham, Bart., in Hongkong, on his way to Peking to assume the
functions of British Minister, 1886.
Ratification at Peking of the amended Treaty between Russia and Chins, 1881. Anti-
foreign riot in the Hochow district, 1891.
Loss off Amoy of the French war steamer "Izere, " 1860. Arrival of General Grani
in Shanghai, 1879.
The city of Chapu taken by the British troops, 1842. Anti-foreign riot at Ngankin, 1891.
Disastrous surprise of a French sortie in Tonkin led by Commandant Riviere, and death
of the latter, 1883.
TRINITY SUNDAY. Forta at mouth of Peiho captured by British and French forces, 1858* *
The Canton Mint commenced striking silver coins, 1890.
Loss of M. M. str. "Menzaleh" while on her passage from Hongkong to Yokohama, 1887.
Imperial Edict respecting anti-Christian literature, 1892.
Foreign factories at Canton pillaged, 1841.
U. S. Legation at Tokyo burned down, 1863.
Queen Victoria born, 1819. Captain Elliot and all the British subjects left Canton for
Macao, 1839.
21
22
The city of Canton invested by British troops, 1841. Death of Grand Secretary Wen-siang, 1876.
Anti-foreign riot at Nanking, 1891.
23
1st after TRINITY. Canton ransomed for $6,000,000, 1841.
24
25
Wed. 30
26
Thur. 31
27
Mr. Lindsay delivered the keys of the Company's factory at Canton to Kwan-Heep, 1831. Great rain storm in Hongkong, serious damage, 1889. Destruction by fire on the river Yangtaze of the str. "Paoching," captain, two officers, and 20 Chinese lost, 1890.
H.B.M. screw sloop "Reynard" lost on the Pratas shoal in trying to rescue remainder of crew of " Velocipede," 1851. Opening of the Peak Tramway, Hongkong, 1888. Arrival of the King of Siam in Singapore, 1830.
Typhoon at Hongkong and Maĉao; lows of the "Poyang," with 100 lives, near Macao, 1875.
Danes by
THE CALENDAR FOR 1894
JUNE 30 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
3rd 15th
.5h. 16m.
6h. 39m.
1892
1893
.5h. 16m.
6h. 44m.
MOON'S PHASES
Maximum Minimum
....90
90
..70
75
d. h.
h. m. sec.
New Moon First Quarter 10 Full Moon 18 Last Quarter 26
4 6 32
.44
A.M.
8
50
42
P.M.
Barometer, 1893
2
42 43
P.M.
Mean......
.29.86
5
38 46
P.M.
PERIGKE, 4 days, APOGEE, 20 days,
2 hours, P.M. 8 hours, P.M.
1892
RAINFALL
34.38 inches
1893
7.09 inches
xi
WK
MONTH
Моохв
Frid.
1
28
Sat.
2
29
Sun.
3
30
Mon.
Tues.
Wed.
6
Thur.
Frid.
Sat.
Sun.
Mon.
10 11
Tues.
12
9
Wed.
13
10
Thur.
14
11
Frid. 15
12
Sat
16
13
Sun 17
14
Mon. 18
15
Tues. 19
16
Wed. 20
17
DATE OF DAYS OF 4 and 5
45
789
OA W
5
Chronology of REMARKABLE EVENTS
Attempt to blow up the Hongkong Hotel, 1868. New Opium_Agreement between
Hongkong and Chína came into force, 1887. Anti-foreign riot at Tanyang, 1891. Hongkong connected with London by wire, 1871.
2nd after TrinITY. Earthquake at Manila, killing more than 2,000 persons, 1883. Death
of Sir Arthur Kennedy, 1883. Russell & Co. suspend payınent, 1891.
Treaty between France and Korea signed at Seoul, 18*6.
Departure of the first 0. & O. steamer from Hongkong to San Francisco, 1875. Messrs. Ar-
gent and Green murdered in an Anti-foreign riot at Wuhsuch, 1891.
Heavy rains in Hongkong, property to the value of $500,000 destroyed, and many lives
lost, 1864.
Attempted anti-foreign riot at Kiukiang, 1891.
Destruction of Mission premises at Wusieh by anti-foreign mob, 1891.
Attempt to destroy by fire the British fleet in Canton river, 1849. Treaty of Peace between France and Chins signed at Tientsin, 1885. Attack on mission premises at Boochow, 1891. Suspension of New Oriental Bank, 1892.
3RD AFTER TRINITY. Typhoon at Formosa; loss of several vessels, 1876.
Portuguese prohibited trading at Canton, 1640.
Opening of the first Railway in Japan, 1872.
British steamer "Carisbrooke" fired into and captured by Chinese Customs cruiser, 1875.
Imperial Edict condernning attacks on Foreigners, 1891.
Russian and Chinese treaty, 1728.
British bark "Cæsar" and Danish schooner " 'Carl" taken by pirates off Pedro Bianca'
1886. Hope Dock opened at Aberdeen, 1867.
Woosung taken, 1842.
4th After TRINITY. First foreign-owned junk leaves Chungking, 1891.
Explosion of the "Union Star" at Shanghai, 17 persons killed and 10 wounded, 1862.
Disastrous inundation at Foochow, two thousand lives lost, 1877.
Shanghai occupied by British forces, 1842.
Queen's Accession, 1887. Macartney's embassy arrived in China, 1798. Attack on mission
premises at Haimen city, 1891.
Thur.
21
18
Masmere at Tientsin, 1870.
Frid.
Sat
Sun.
Mon.
Tues.
25
****** **
19
Canton blockaded by English forces, 1840.
23
20
Wed.
24
Thur
Frid
25
Queen's Coronation, 1888.
26
Sat
30
27
Ki-ying visite Hongkong, 1843. Shock of Earthquake in Hongkong, 1974. French troops
surprised by Chinese near Langson, 1884.
5TH AFTER TRINITY.
Treaty of Nanking exchanged, 1848.
Attack on British Legation at Tokyo, 1862.
Treaty between England and China signed at Tientain, 1858. Additional Convention
between France and Chins signed at Peking, 1887.
Treaty between France and China signed, 1858. Confiscation of the str. "Prince Albert
by the British Consul and Customs at Canton, 1886.
The Foreign Ministers admitted to an audience of the Emperor of China at Peking, 1878.
Indian Mints closed to silver, 1893.
British expedition to China arrived, 1840. Opening of a section of the Shanghai and
Woosung railway, 1876. Flooding of the Takasima "ooal mines, 1891.
xii
THE CALENDAR FOR 1894
JULY-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st 17th
.5h. 20m.
6h. 47m.
1892 1893
.5h. 26m.
6h. 45m.
MOON'S PHASES
Maximum Minimum
..90
90
.74
72
d. h. m. sec.
New Moon
3 1 21
45
P.M.
First Quarter 10 5 51 Full Moon 18 Last Quarter 26
43
A.M.
Barometer, 1893
5 38 48 4 43
A.M. 40 A.M.
Mean........
.29.77
PERIGEE, 3 days, APOGEE, 17 days,
10 hours, P.M. 11 hours, P.M.
1892
RAINFALL
1893
10.78 inches
21.22 inches
DAYS OF DAYS OF
WEEK ΜΟΝΤΕ
5 and 6 MOONS
Sun.
1
28
Mon.
2
29
Tues.
3
1
CHRONOLOGy of Remarkable ÉveNTS
Öth after TrinITY. Hakodate, Kanagawa, and Nagasaki (Japan) opened to trade, 1857.
Two Swedish missionaries murdered at Sunpu, 1893. Amoy forts and many junks destroyed by H.M.S.
01
Blonde," 1840. French Expedition
from the Hoongkiang arrived in Hongkong, 1873. Steamer "Don Juan" burnt at sea near Philippines; 145 persons perished, 1893.
Wed. 4
2
Telegraph cable laid between Hongkong and Macao, 1884.
Thur. 5
3
Tinghai first taken, 1840. Attack on British Embassy at Tokyo, 1861.
Frid.
6
Sat.
7
Sun.
8
445
4
Order of nobility instituted in Japan, 1884.
7th after TriNITY. Canton factories attacked by Chinese, 1846.
Mon. 9
7
Tues. 10
8
Wed. 11
9
Thur. 12
10
Frid. 13
11
Sat.
14
12
Sun. 15
13
Mon. 16
14
Tues. 17
15
Wed. 18
16
Thur. 19
17
Frid.
Sat.
21
Sun. 22
** 22 * *** ** **
* * * * * *** 22 8 7
Tues. 31
29
20
18
19
20
21
Mon. 23
Tues. 24
Wed.
Thur. 26
Frid.
Sat.
Sun.
22
British trade prohibited at Canton, 1834. Anglo-Chinese Burmah Convention signed at
Peking, 1886.
25
23
Defeat of British forces at Taku, Admiral Hope wounded, 1869.
24
27
25
Canton opened to British trade, 1843. Terrific typhoon at Canton, Macao, Hongkong, and
Whampoa ; loss of life estimated at 40,000 persons, 1862.
26
27
Mon. 30
28
Nanking re-taken by Imperialists, 1884.
10TH AFTER TRINITY. Treaty between United States and Japan signed, 1858. Great
earthquake at Kumamoto, Japan, 1889.
Severe typhoon at Macao, 1830.
First Dutch embassy arrived at Tientsin, 1856.
Portuguese fleet left Malacca for China, 1522. The Yangtsze blockaded by British
fleet, 1840.
Engagement between the American Naval Forces and the Koreans; the Expedition leave
to await instructions, 1871. Amherst's embassy arrived in China, 1816. Foreign Inspectorate of Customs established in Shanghai, 1854.
First English ship reached China, 1835. French gunboats fired on by Siamese at
Paknam, 1893.
Statue of Paul Bert unveiled at Hanoi, 1890.
9TH AFTER TRINITY. Shimonoseki forts bombarded by the English, French, and American
squadron, 1873. Eruption of Bandai-san volcano, Japan ; 500 persons killed, 1888. British trade with China re-opened, 1842. The King of Cambodia arrived ona visit to
Hongkong, 1872.
Dutch envoy Goyer, as bearer of tribute, received in Peking, 1856.
Terrible earthquake at Manila, 1880. Additional Article to Chefoo Convention signed in
London, 1885.
Nanking captured by the Imperialists, 1863. Ratification at Peking of the new treaties of commerce and emigration between the United States and China 1881. Gale at Hongkong, H.M.8. "Tweed ".sunk, 1891.
Wreck of the C. M. 8. N. Co.'s str. "Pautah" on Shantung Promontory, 1887.
9TH AFTER TRINITY. Yellow River burst its banks at Chang-kiu, Shantung; great
inundation, 1889.
Armed attack on Japanese Legation at Seoul, Cores, and eight inmates killed, 1882.
De been by
THE CALENDAR FOR 1894
AUGUST-31 DAYS
xii
MOON'S PHASES
First Quarter 8 5
SUNRISE
2nd 18th
.......5h. 33m.
.5h. 39m.
SUNSET 6h. 39m. 6h. 28m.
HONGKONG TEMPERATURE
1892 1893
Maximum
....
..91
90
Minimum
.74
78
d. h. m.
sec.
New Moon
1 8 0
42 P.M.
41
43 P.M.
16 8
53
40
P.M.
BAROMETER, 1893
15 47
P.M.
Mean.......
.29.78
31
3
40 45 A.M.
1892
12.09 inches
RAINFALL
1893
8.73 inches
Full Moon
Last Quarter 24 1 New Moon
PERIGEE, 1 days, APOGEE, 41 days, PERIGEE, 29 days,
DAYS OF DAYS oF | 7 and 8 WERK MONTH MOONS
පස
Wed.
1
1
Thur.
2
2
Frid.
3
3
Sat.
4
Sun.
Mon.
Tues.
7
Wed. 8
8
Thur.
9
Frid. 10
10
Sat.
11
11
Sun. 12
12
Mon. 13
13
Tues. 14
14
Wed. 15
15
Thur. 16
16
Frid. 17
17
Sat.
18
18
Sun. 19
19
Mon. 20
20
Tues.
21
21
22
Wed.
Thur.
Frid.
22 23
23
24
222
23
24
7 hours, A.M. 3 hours, A.M. 5 hours, P.M.
CHRONOLOGr of Remarkable EveNTS
Mr. T. F. Wade, C.B., appointed H.B.M. Minister at Peking, 1871. Peh-tang occupied by the Allied forces, 1859. Sunday cargo-working Ordinance, Hongkong, came into force, 1891.
Victims of Massacre at Tientsin buried, 1870.
British fleet arrived before Nanking, 1842.
11TH AFTER TRINITY. Macartney's Embassy entered Peiho, 1796. Bombardment of Kelung
by French, 1884.
Serious Flood at Tientsin, 1871.
British squadron arrived off the Peiho, 1840.
Assassination of Mr. Haber, German Consul at Hakodate, 1874.
British troops landed at Nanking, 1842.
Sir H. Pottinger arrived at Hongkong, 1841. Destructive typhoon at Foochow, 1888.
First public meeting of British merchants in Canton, called by Lord Napier, whe
suggested the establishment of a Chamber of Commerce, 1884. 12TH AFTER TRINITY.
174 British prisoners executed in Formosa, 1842. Tong-ur-ku taken, 1860.
Great Fire on French Concession, Shanghai; 991 houses destroyed; loss Tis. 1,500,000,
1879.
British trade at Canton stopped by Hong merchants, 1834. French treaty with Siam
signed, 1856.
Lord Napier ordered by the Viceroy to leave Canton, 1834. Dutch treaty with Japan
signed, 1863. Great fire in Hongkong, 1868.
13th after TRINITY.
First conference between Sir Henry Pottinger and Ki-ying on board the "Cornwallis,
Nanking, 1942. Taku forta taken by the Allied forces, 1880, Laaperor Hien Fung died, 1861.
Governor Amaral (Macao) assassinated, 1849. Ma, Viceroy of Nanking, stabbed, 1870. Seizure of steamer "Spark" by pirates between Canton and Macao, 1874. Telegraph line to Peking opened, 1884.
Large meeting in Hongkong to protest against the military contribution, 1864. Chinese
fleet at Pagoda Anchorage destroyed by French, 1884.
Wreck of the C. N. Co's. str. "Tientsin" near Swatow, 1887.
British Chamber of Commerce established at Canton, 1834. Treaty between Great Britain
and Japan signed, 1858.
14TH AFTER TRINITY. British left Macao, 1839.
26
27
Amoy taken by the English, 296 guns captured, 1841.
28
* * * * * * 22
29
30
31
1
* * * * N * & 8 =
Sat.
Sun.
26
Mon. 27
Tues.
Wed.
28
29
Thur. 80
Frid.
Lord Amherst's Embassy left for Yuen-ming-yuen, 1816. Slavery abolished in British
possessions, 1883. Kimpai forts silenced by French, 1884.
Treaty of Nanking signed, 1842.
Severe typhoon on coast of Chins, many lives lost, and much damage done to shipping
at Hongkong, Macao, and Whampoa, 1848.
Du best by
Original ro:
Xiv
THE CALENDAR FOR 1894
SEPTEMBER-30 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
3rd 15th
.5h. 45m.
6h. 14m.
1892 1893
.5h. 48m.
6h. 02m.
Maximum Minimum
.94
92
..66
70
MOON'S PHASES
d. h. m.
sec. First Quarter 7 8 39 40 A.M. Full Moon 15 11 57 45 A.M. Last Quarter 22 8 8
41
P.M. New Moon 29 1 20 40 P.M.
BAROMETER, 1893
Mean......
29.76
4 hours, P.M. 2 hours, P.M.
1892
7.00 inches
RAINFALL
1893 15.03 inches
APOGEE, 10 days, PERIGEE, 26 days,
Days of Days or | 8 and 9
MONTH MOONS
Wik
Sat.
1
2
Sun.
$2
Mon. 3
Tues.
4
5
Wed.
6
CHRONOLOGY of Remarkable Events
Ma, Viceroy of Nanking, died of the wounds inflicted by an assassin, 1870. Foundation
stone of Gap Rock lighthouse, near Hongkong, laid, 1890.
15th after TRINITY. Arrival of the "Vega" at Yokohama, after having discovered the
North-East Passage, 1879. Serious anti-foreign riot at Ichang, 1891.
Thur.
• Frid.
•
Sat.
Sun.
9
Mon.
10
789 DE
67880
11
Tues. 11
12
Wed. 12
13
Thur. 13
14
Frid. 14
15
Sat. 15
16
Sun. 16
17
10
Attack on the forts at Shimonoseki, Japan, by the allied fleets under Admiral Kuper, 1864. H.M.8. "Zephyr" fired on by Chinese in Kimpai Pass, 1884. Death of Tao Tsung-tang at Foochow, 1885.
H.R.H. Prince Alfred received by the Mikado of Japan, 1869.
Attack on Dr. Greig, near Kirin, by soldiers, 1891.
Great typhoon in Hongkong, 1867.
16th after TRINITY. Sir Hercules Robinson assumed the government of Hongkong, 1869. Riot by Chinese mob at Canton; great destruction of houses and property on Shameen, 1883. British gunboat "Wasp" left Singapore for Hongkong and seen no more, 1887.
Public meeting of foreign residents at Yokohama to protest against proposed new
Treaty with Japan, 1890.
Convention signed at Chefoo by Sir Thomas Wade and Li Hung-chang, 1876.
Public Meeting in Hongkong, with reference to the blockade of the port by the Chinese
Customs' cruisers, 1874. Severe typhoon in Southern Japan, 1891. Chinese transport "Waylee" driven ashore on Pescadores; upwards of 870 lives lost, 1887.
17TH AFTER TRINITY. New Convention between Germany and China ratified at Peking, 1881.
Mon. 17
18
Tues. 18
19
Destruction by fire of the Temple of Heaven, Peking, 189.
Loss in Kii Channel, near Kobe, of the Turkish frigate ""Ertogrul," with 567 lives, 1890.
Wed. 19
20
Thur. 20
Frid. 21
Sat.
92
Sun.
Mon. 24
2** **
21
22
23
Typhoon at Swatow, 1891.
24
25
H.M.8.
Tues. 25
26
19TH AFTER TRINITY. Am. brig "Lubra" taken by pirates, 1966. Terrific typhoon in
Hongkong and Macao, many thousands of lives lost, 1874.
*
'Rattler" lost off Japan, 1868. Piratical attack on the German barque Apenrade," near Macao, 1869. The Satsuma rebels in Japan routed with great slaughter. their leader, Saige, killed, and the insurrection suppressed, 1877.
Daring attack upon Chinese shop in Wing Lok street, Hongkong, by armed robbers,
1878.
Wed. 26
27
Lord Napier arrived at Macao dangerously ill, 1894.
Thur. 27
28
Frid. 28
29
Sat.
Commissioner Lin degraded, 1840.
Yellow River burst its banks in Honan ; calamitous inundation, 1887. Death of Hon. F.
Stewart, Colonial Secretary, at Hongkong, 1889,
29
1
Sun.
30
Michaelmas Day. Hurricane at Manila, causing immense damage to shipping, 865. 19th after TRINITY. All the Bogus forts destroyed by the British fleet, 1841.
THE CALENDAR FOR 1894
OCTOBER-31 DAY
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st 17th
.5h. 53m.
5h. 47m.
1892
1893
...5h. 59m.
5h. 32m.
Maximum
..88
89
MOON'S PHASES
Minimum
.64
67
d. h. m.
sec.
First Quarter 7 Full Moon Last Quarter 22 New Moon 29
2
37
41
A.M.
15
2 16
48
A.M.
BAROMETER, 1893
2 31 47
A.M.
Mean....
.29.67
33
42 A.M.
10 hours, a.m.
1892
RAINFALL
1893
9 hours, P.M.
0.02 inches
17.87 inches
XV
APOGEE, 8 days, PERIGEE, 22 days,
Days of Days or 9 and 10
Мокти MOON
♡♡
♡
00
WEEK
Mon.
1
Tues.
2
Wed.
3
5
Thur.
6
Frid.
5
7
Sat.
6
Sun.
7
9
Mon. 8
10
Tues. 9
11
Wed. 10
12
Thur. 11
13
Frid. 12
14
Sat.
13
15
Sun
14
16
Mon.
15
17
Tues.
16
18
Wed. 17
19
Thur.
18
20
Frid 19
21
Sat.
20
22
Sren
21
23
*** * * * * * * * * **2
* * * * *** 28
23
Mon. 22
Tues.
Wed.
24
Thur. 25
Frid. 26
28
Sat
Sun 28
30
Mon 29
1
Tues.
30
2
Wed.
31
3
Chronology of RemarkaILS EVENTS
The "Hongkong Daily Press" started, 1857. Ting-hai captured by the English, 1841. French landed at Kejung, 1884. Inauguration of Hongkong College of Medicine, 1887. Hyogo declared an open port, 1892.
Confucius born, B.C. 562. Tamrul bombarded by French, 1884.
Serious riot at Hongkong, 1884. Treaty between France and Siam signed at Bang.
kok, 1893.
Attack on foreigners at Wenchow, 1884. Disastrous fire at Ichang; over 200 persons
burned, 1892.
French expedition left Chefoo for Korea, 1866.
William Des Vœux, K.C.M.G., 1887.
20TH AFTER TRINITY. H.R.H. Prince Alfred visited 1809. Great public meeting at Hongkoler to Supplementary treaty signed at the Bogut,
repulsed, 1884.
Arrival in Hongkong of Governor Sir
I el ing, but not received by the Emperor, sider increase of crime in Colony, 1878. 48. French landing party at Tamsui
Shanghai e ptured, 1841. Chinhai taken, 1841. Fire at Canton, property destroyed worth $4,000,00 1851. Official inspection of Tientsin-Kaiping Railway, 1-88. Wreck off the Pescilor of the Norwegian str. "Normand," with loss of all on board except two, 1892. Lord Napier died at Macao, 1894. Wreck off the Pescadores of the P. & O. str." Bokhara,"
with loss of 125 lives, 1892.
The first Chinese merchant steamer (the "* Meifoo") left Hongkong for London with pas-
sengers to establish a Chinese firm there, 1881.
Revolt in the Philippines, 1872.
Ningpo occupied by British forces, 1841. First railway in Japan officially opened by the
Mikado, 1872.
21ST AFTER TRINITY.
on board, 1859 .
"Flors Temple" lost in the China Sea, with upwards of 800 coolies
Khanghoa, in Korea, taken by the French, 1966.
St. John's Cathedral, Hongkong, dedicated, 1842 Daring piracy on board the British
str. "Greyhound, " 1985.
At a meeting of the Chartered Mercantile Bank of India, London, and China a scheme of
reconstruction was approved, 1892.
Great fire in Hongkong, 1859. Great typhoon at Formos, 1861. Shanghai Cotton Mil
burnt, 1893.
Terrific typhoon at Manila ; enormous damage to property, 1882.
22ND AFTER TRINITY. The Shanghai and Woosung railway closed by the Chinese Govt., 1877.
H.R.H. Prince Alfred arrived at Shanghai, 1969. Cosmopolitan Dock opened, 1875.
Death, at Saigon, of M. Filippini, Governor of Cochin-China, 1887.
68 piratical vessels destroyed by Captains Hay and Wilcox, H.M. ships
and "Fury," 1849.
**Columbine "'
带导
Treaty of Whampos between France and China signed, 1844. Kahding recaptured
by the Allies, 1882.
In Canton 1,200 houses and 3 factories burnt, 1848.
23rd AFTER TRINITY. Serious earthquake in Central Japan, 7,500 persons killed, 1891.
Terranova executed by the Chinese, 1822.
Portuguese frigate "D. Maria II." blown up at Macao, 1860.
Great fire in Hongkong, 1886. C. W. Mason, of the Customs indoor staff, who professed to have been in communication with the Kolao-Hui, sentenced by the Supreme Court at Shanghai to nine months' imprisonment for being in unlawful possession of dynamite, 1891.
H.R.H. Prince Alfred arrived at Hongkong, 1860. Settlement of the Formoen difficulty
between Japan and China, 1874.
Bytes by
Original ro:
xvi
THE CALENDAR FOR 1894
NOVEMBER-30 DAYS
SUNRISE
SUNSET
2nd
10th
...6h. 6m. 5h. 21m. ......6h. 15m.
HONGKONG TEMPERATURE
1892
1893
5h. 15m.
Maximum
.83
82
-MOON'S PHASES
Minimum
.....52
54
d. h. m.
sec.
First Quarter 5 10
51
49 P.M.
Full Moon
13 3
25
Last Quarter 20 9 New Moon
27
44 P.M. 44 42 A.M. 30 43 P.M.
Barometer, 1893
Mean.....
.30.18
APOGEE, 5 days, PERIGEE, 17 days,
DAYS OF DAYS OF 10 and 11
WEEK
MONTH
6 hours, A.M. 4 hours, A.M.
1892
0.34 inch
RAINFALL
1893
0.03 inch
MOONS
Thur. 1
4
Frid.
2
Sat.
3
6
Sun.
Mon.
5
78
Tues.
to
6
9
Chronology of Remarkable EventsS
Arrival at Hongkong
The port of Quinhon, Annam, opened to foreign trade, 1876. Chinese lighthouse tender Fei-hoo" captured by French, 1884. of Mr. N. R. O'Conor, the new British Minister to China, 1892. Great Britain commenced the first war with China by the Naval action of Chuen-pee, 1839. Great fire at Swatow; several hundred houses destroyed, 1887. Messrs. Allen and Sachtleben arrive at Peking, having crossed Asia on bicycles, 1802. 24th after TrINITY. Hongkong Jockey Club formed; 1884.
Great fire at Macao, 500 houses burnt, 1834. Peking evacuated by the Allies, 1880.
English and French treaties promulgated in the "Peking Gazette," 1860.
Wed.
7
10
Thur.
Frid.
පස
8
11
9
12
The French repulsed in Korea, 1886.
Celebration of the Queen's Jubilee in Hong-
kong, 1887.
Sat.
10
13
Sun.
14
Mon. 12
15
Tues. 13
16
Wed. 14
17
Thur. 15
18
Statue of Sir Arthur Kennedy unveiled in the Botanic Gardens, Hongkong, 1887.
25th after TRINITY. H.M.8. "Racehorse" wrecked off Chefoo, out of a crew of 108 only 9 saved, 1864. Death of M. Paul Bert, Resident General of Annam and Tonkin, 1896. Hongkong first lighted by gas, 1864. The C. N. Co.'s Yangtare steamer ** Ichang "*
wrecked on Ta-yew Island, 1891.
Earthquake at Shanghai, 1847.
Convention signed between Russia and China, 1860.
H.M. gunboat "Gnat" lost on the Palawan, 1868.
by fire in the Canton river; upwards of 400 lives lost, 1887.
Celebration of Shanghai Jubilee, 1893- Destruction of the str. "Wah Yeung "
Frid.
16
19
Sat. 17
20
Shanghai opened to foreign commerce, 1843.
21
26th after TRINITY. Great Fire in Hongkong, 1867.
22
Thur.
Frid.
Sat.
Sun.
Sun. 18
Mon. 19
Tues. 20
Wed. 21
7∞ 2 2 2 2 * * * * * * 22
Tues.
Wed.
Thur. 29 Frid.
22
23
24
25
23
24
2 * * * * * * *
25
Terrific gunpowder explosion at Amoy; upwards of 800 houses destroyed, and several
hundred lives lost, 1887.
Portuguese Custom house at Macao closed, 1845. Lord Elgin died, 1863.
Major Baldwin and Lieut. Bird, of H.M.'s 20th Regt., murdered in Japan, 1864.
Great fire at Canton, 1,400 houses destroyed, 1835. Terrible boiler explosion on board
the steamer '' Yesso in Hongkong harbour, 88 lives lost, 1877.
71
26
Arrival of the Princes Albert Victor and George of Wales in the "Bacchante" at Woosung,
1881.
27
28
Mon. 26
29
27
1
28
2
3
30
4
Bytes by 17:
27th_AFTER TRINITY. Capture of Anping, Formosa, 1888. Treaty between Portugal and
China signed, 1887. Imperial Diet of Japan met for the first time, 1890. Edict issued by the Viceroy of Canton forbidding trade with British ships, 1839.
M. Thiers accepts the apology of Ch'ung How, the Chinese Ambassador, for the murder
of the French at Tientsin, (June 21st, 1870), 1871.
Foreign factories burnt at Canton, 1856. Great fire in Hongkang, 1867.
Murder of captain and four men of the British barque "Crofton," near Ku-lan, 1969
Opening of the Japanese Diet at Tokyo by the Emperor in person, 1890.
St. Andrew's day. St. Joseph's Church, Hongkong, consecrated, 1872. The Japanese cruiser "Chishima Kan," sunk in collision with the P. & O. steamer "Ravenna," ta the Inland Sea, 61 lives lost, 1892.
Original ro:
THE CALENDAR FOR 1894
DECEMBER-31 DAYS
xvii
SUNRISE
4th 20th
..6h. 26m. ..6h. 37m.
SUNSET 5h. 14m. 5h. 18m.
HONGKONG TEMPERATURE
1891
1892
Maximum
..82
73
MOON'S PHASES
Minimum
.49
44
d. h. m.
sec.
First Quarter 5
7 51
43
P.M.
Full Moon
12
3
21
48 A.M.
BAROMETER, 1892
Last Quarter 19 New Moon
6
51
27
9
50
46 P.M. 41 A.M.
Mean....
.....30.22
APOGEE, 3 days, PERIGEE, 14 days, APOGEE, 30 days,
Days of Days OP 11 and 12
WHEE
MONTH
3 hours, A.M. 11 hours, P.M. 8 hours, P.M.
Chronology of Remarkable Events
1891
1.96 inches
RAINFALL
1892 0.15 inches
Sat.
Sun
Mon.
Tues.
2 3 4
Moons
5
6
ADVENT SUNDAY. St. Francis Xavier died on Sanchoan, 1552.
Wed.
to 00
9
First census of Hongkong taken, population 15,000, 1841.
Soochow re-taken by the Imperialiste
Thur.
10
Frid
11
Sat.
12
Sun
9
13
Mon.
10
14
Tues.
11
15
1867.
Wed. 12
16
Thur. 13
Six foreigners killed at Wang-chuh-ki, 1847.
under General Gordon, 1863.
Confucius died, B.C. 490.
European factories at Canton destroyed by a mob, 1842.
2ND IN ADVENT. Ningpo captured by the Taipings, 1861. Consecration of new Pei-tang
Cathedral, Peking, 1888.
Piracy on board the Douglas str. "Namos," five hours after leaving Hongkong; Captain Pocock and three others murdered, and several seriously wounded, 1890. Arrival in Hongkong of Governor Sir William Robinson, 1891. Indemnity paid by Prince Satsuma, 1868. Admiral Bell, U.S.N., drowned at Osaka,
Imperial decree stating that the Foreign Ministers at Peking are to be received in
audience every New Year, 1890.
17
French flag hauled down from the Consulate at Canton by Chinese, 1832.
Frid. 14
18
Sat.
15
19
All Catholic Priests (not Portuguese) expelled from Macao, 1838.
Sun
16
20
3RD IN ADVENT,
Mon.
17
21
Tues. 18
Wed.
19
Thur.
Frid.
21
↓
Sat
Sum
Mon
Tues.
Wed. 26
Thur.
Frid.
*** ***** ****
22
20
22
23
24
25
7 *** ** *** 8
23
24
25
26
27
28
29
27
1
30
The P. M. 8. 8. Co.'s steamer "Japan" burnt, 1 European passenger, the cook, and 399
Chinese drowned, 1874.
Sir Hugh Gough and the Eastern Expedition left China, 1842.
Arrival of Princes Albert Victor and George of Wales at Hongkong in the "Bacchante,"
1881. Two cotton mills destroyed by fire at Osaka, 120 persons burnt to death, 1893. Steam navigation first attempted, 1736.
Two Mandarins arrived at Macao with secret orders to watch the movements of
Plenipotentiary Elliot, 1836.
4TH IN ADVENT. British Consulate at Shanghai destroyed by fire, 1870.
Christmas Day. Great Fire in Hongkong; 368 houses destroyed, immense destruction
of property, 1878.
Great fire at Tokyo, 11,000 houses destroyed, 263 lives lost, 1879. The C. N. Co.'s stemmer
"Shanghai" destroyed by fire on the Yangtze, over 300 lives lost. Dedication of Hongkong Masonic Hall, 1866.
2 Canton bombarded by Allied forces of Great Britain and France, 1857.
Sat.
3
Sun
30
4
187^after. Christmas.
Mon.
31
5
Bytes by
xviii
Kwei-sz Year. XI. Moon.
1893.
Jan.
5
26 29
XII. Moon.
14
8
20
14
26
20
2825
82
I. Moon.
29 80
23 24
Kap-ng Yr.
Feb.
6
1
15
10
20
15
21
16
100 22
Mar. II. Moon.
7
1
8
2
9
3
19
13
21
15
25
19
April.
3
28
III. Moon.
3
15
18
23
May.
26
00
2 2 27-- ∞∞
28
IV. Moon.
4
12
8
14
10
18
14
21
17
24
20
June.
28
V. Moon.
4 8
1
5
14
11
16
18
CHINESE FESTIVALS AND OBSERVANCES FOR THE YEAR 1994.
Fête of the Genius of the North (one of the five evil genii). Festival of the Angel of Sunlight
Great Buddhistic Festival.
The Great Cold.
Festival of Lu Pàn, the patron saint of carpenters and masons. He is said to have been a contemporary of Confucius. Among the many stories related of his ingenuity, it is said that, on account of his father having been put to death by the men of Wu, he carved the effigy of one of the genii with one of its hands stretched towards Wu, when, in consequence, drought prevailed for three years. On being supplicated and presented with gifts from Wu, he cut off the hand, and rain immediately fell. On this day carpenters refuse to work.
Worship of the god of the hearth at nightfall. The god of the hearth reports to heaven.
Chinese New Year's day.
Fête day of the Spirits of the Ground.
Feast of Lanterns, Fête of Shang-yuen, ruler of heaven.
Fête of Shen and Ts'ai, the two guardians of the door. Auspicious day for
praying for wealth and offspring.
Fête day of the Supreme Judge in the Courts of Hades.
Mencius born B.C. 371. Spring worship of the gods of the land and grain. Fête of the god of literature, worshipped by students.
Fate day of Hung-shing, god of the Canton river, powerful to preserve people
fi in drowning, and for sending rain in times of drought. Birthday of Lao Tsze, founder of Tauism, B.C. 604.
Fête of Kwanyin, goddess of mercy.
Tsing Ming, or Tomb Festival.
Fête of Hiuen T'ien Shang-ti, the supreme ruler of the Sombre heavens,
Peh-te, Tauist god of the North Pole.
Fête of I-ling, a deified physician, and of the god of the Sombre Altar, wor
shipped on behalf of sick children.
Fête of Heu Tu, the goddess worshipped behind graves; of the god of the
Central mountain, and of the three brothers.
Fête of Tien Heu, Queen of Heaven, Holy mother, goddess of sailors.
Fête of Taz Sun, goddess of progeny.
National Festival of Tsʼang Kieh, inventor of writing.
Fête of the Bodhisattva Mandjushri; worshipped on behalf of the dead. Fête of San Kai, ruler of heaven, of earth, and of hades ; also a fête of Buddha. Fête of the dragon spirits of the ground.
Fête of Lü Sien, Tauist patriarch, worshipped by barbers. Fête of Kin Hwa, the Cantonese goddess of parturition. Fête of the goddess of the blind.
Fête of Yoh Wong, the Tauist god of medicine.
Fête of the god of the South pole.
National fête day. Dragon boat festival and boat races. On this day the Cantonese frantically paddle about in long narrow boats much orns- mented. In each boat is a large drum and other musical instruments used to incite the crew to greater exertions. The festival is called Pa Lung Shun or Tiu Wat Uen, and is held to commemorate the death of the Prince of Tsoo, who, neglecting the advice of his faithful Minister Wat Uen, drowned himself about B.C. 500.
National fête of Sheng Wang, the tutelary god of walled towns. National fête of Kwân Ti, god of war, and of his son General Kwan.
Danhou by
CHINESE FESTIVALS AND OBSERVANCES
vix
June. V. Moon.
19
16
July. VI. Moon.
15
13
21
19
26
24
Aug. VII. Moon.
1
1
7
7
15
15
18
18
20
20
238
2323
25
29
VIII. Moon.
1.
81
Sept.
1
2
3
14
15
24
26
བྷུཡཨཝསྶསྶ 8 སྦྱོ
743
29
Oct.
25
27
IX. Moon.
1
9
9
11
13
15
27 28
43 48
14
16
15
17
16
18
26
31
Nov.
12
སྣྲོསཉྙ
X. Moon.
3
15
XI. Moon.
Dec.
6
23
"C
Fête of Chang Tao-ling (A.D. 34), ancient head of the Tauist sect. His de- scendants still continue to claim the headship. It is said the succes- sion is perpetuated by the transmigration of the soul of each successor of Chang Tao-ling, on his decease, to the body of some youthful member of the family, whose heirship is supernaturally revealed as soon as the miracle is effected. Fête of Shakyamuni Buddha, the founder of Buddhism.
Fête of Lu Pan, the god of carpenters and masons. Fête of the goddess of mercy.
Anniversary of Kwán Ti's ascent to heaven. Fête of Chuh Yung, the spirit
of fire; and of the god of thunder.
First day of the seventh moon. During this moon is held the festival of all souls, when Buddhist and Tauist priests read masses to release souls from purgatory, scatter rice to feed starving ghosts, recite magic incantations accompanied by finger play imitating mystic Sanskrit characters which are supposed to comfort souls in purgatory, burn paper clothes for the benefit of the souls of the drowned, and visit family shrines to pray on behalf of the deceased members of the family. Exhibitions of groups of statuettes, dwarf plants, silk festoons, and ancestral tablets are com- bined with these ceremonies, which are enlivened by music and fireworks. Fête day of Lao Tszu, the founder of Tauism.
Fête of the god of Ursa Major, worshipped by scholars, and of the seven
goddesses of the Pleiades, worshipped by women.
Fête of Chung Yuen, god of the element earth.
Fête of the three gods of heaven, of earth, and of water, and of the five
attendant sacrificial spirits.
Fête of Chang Fi, A.D. 220). A leader of the wars during the Three King-
doms. He is said have been at first a butcher and wine seller.
many heroic exploits, he perished by the hand of an assassin.
Fête of the god of wealth.
Fête of Hü Sün-ping, a Tauist eremite.
Fête of Ti Ts'ang-wang, the patron of departed spirits.
After
Fête of Hü Sun, a deified physician, worshipped by doctors, and of Kin
Kiah (god of the golden armour) worshipped by the literati.
Fête of the gods of land and grain.
Descent of the star god of the northern measure, and fête of the god of the hearth, National fête day. Worship of the moon, and Feast of Lanterns.
Fête of the god of the Sun.
Fête of Confucius (born 551 B.C.), the founder of Chinese ethics and politics.
Descent of the Star gods of the northern and southern measures from
the 1st to the 9th day inclusive.
Fête of Kwan Ti, the god of war; kite-flying day. Fête of Tung, a ruler in Hades, Fête of Yen Hwui, the favourite disciple of Confucius.
National fête of Chu Hi (A.D. 1130-1200), the most eminent of the later Chinese philosophers whose commentaries on the Chinese classics have formed for centuries the recognized standard of orthodoxy.
Fête of the god of the loom.
Fêtes of the god of wealth; of Koh Hung, one of the most celebrated of Tauist
doctors and adepts in alchemy; and of the golden dragon king. Fête of Tsü Shông, one of the reputed inventors of writing.
Fête day of Hwa Kwang, the god of fire, and Ma, a deified physician.
Fête of the three brothers San Mao.
Fêtes of Ha Yuen, the god of water; of the god of small-pox; and of the
god and goddess of the bedstead.
National fête of Confucius (born 551 B.C.), the founder of Chinese ethics
and politics.
Fête day of Yuh Hwang, the higher god of the Tauist pantheon. Tanist feast day of Chang Sin, extensively worshipped for male issue.
Datred by
Original roi
CHINESE WEIGHTS AND MEASURES, MONEY.
WEIGHTS
Chinese weights are mostly decimal. Although English weights and measures are used to a considerable extent in trade with foreigners, being legalised in Hongkong for that purpose, the following are also recognised by Ordinance 8 of 1885:-
10 fan 10 tsin
1 fan, or candareen
1 tsin, or mace
1 leung, or tael
16 leung = 1 kan, or catty
100 kan
1 tam, or picul
·0133 oz. avoir.
•1333 oz. avoir.
1 oz. avoir.*
lj lb. avoir. 1331 lb. avoir.
The words can lareen, mice, tael, catty, picul, are not Chinese.
Almost all commodities, even liquids, are sold by the above weights amongst Chinese.
MEASURES
English measures are legal, but so are also the Chinese:-
10 fan
1 tsün,
10 tsün = 1 chek,
or inch or foot
1 li, or mile
=
1
about 1.46 English inch. about 144 English inch.
The Treaty of Tientsin fixes the ch'eung at 141 English inches.
mile English.
10 li pò, or league 3 miles English (about).
Land is measured by the mau or acre, equal to about
MONEY
of an English acre.
This is almost entirely represented by weights of silver, accounts being kept in leung, tsin, fan, and li (taels, mace, candareens, and cash †) as given above. Not one of these weights is represented by any coin, unless we may take the cash to represent the value of a li of silver. The value of the tacl may be taken as $1.36.
Silver is used uncoined, in ingots or shoes, sometimes called sycee. Small sums are paid in what is called broken silver. At the Treaty Ports this generally consists of the fragments of Mexican or Spanish dollars, hammered to pieces by the Shroffs in their process of chopping. This broken silver is weighed by means of small steel-yards called li-tang. The silver coins issued by the Canton Mint were legalised as current throughout China by Imperial Decree in 1890.
Cash might be said before 1890 to be the coin of China. The Chinese call them tsin. They are bronze coins, not unlike thin farthings with a square hole in the centre for stringing together. The Hongkong Government cash or mils are smaller, and the hole is round. The value of cash fluctuates greatly, and is very much a matter of bargain. About 1,200 to a Mexican dollar is an average quotation.
HONGKONG MONEY
A legal tender in Hongkong consists of Hongkong or Mexican dollars; 50, 20, 10, or 5 cent silver pieces to an amount not exceeding two dollars; or bronze cents or mils to an amount not exceeding one dollar. Japanese yen, American, Spanish, and South American dollars are also in circulation, and the 10, 20, and 50 cent pieces of the Straits Settlements and of the Canton Mint, which are accepted indifferently with those of Hongkong. Japanese small coin is also accepted at a small discount.
The value of the dollar during 1893 ranged from 28. 8d. to 2s. 3 d. sterling. Mexican dollars weighed at 7.1.7. mean coins which contain 7 mace, 1 candareen, and 7 li of silver (see weights given above). Clean coins of this weight command a premium, lighter ones are taken at a discount.
• The Tael actually in use is 1.351 oz.
✦ The li when representing weight is never spoken of as a cash, but probably the original value of a cash was 1 li of
pure silver.
↑ The Mint at Canton now issues subsidiary silver coins to the dollar as well as cash.
Dajem by Google
HONGKONG POSTAL GUIDE.
CONTENTS.
PAGK
PAGE
PAGE
Offices
.xxi
Forbidden Articles.
.xxiv
Prices Onrrent and Circulars.....xxvii
Business hours
xxi
Requests
.XXİV
Post Cards
.xxvii
Holidays
Complaints
.xxiv
Registration
..xxvii
Deliveries
Private Boxes
XIV
Miscellaneous
.xxviii
Pillar Boxes....
Poste Restante
XXV
Parcel Post
.xxviii
Postage Stamps
.xxii
Letters
XXV
Money Orders.
.xxxi
Bates of Portage
xxii
Newspapers..
xxvi
Postal Notes
xxii
Mail Routes.............
Books
Mail Time Tables
Patterns
xxvi
OFFICES.
1. The Head Office for British Postal business in China is at Hongkong; there is a Post Office also at Shanghai, and Agencies at the following places :-
Canton, Hoihow, Swatow, Amoy, Foochow, Ningpo and Hankow.
BUSINESS HOURS.
2.-The General Post Office is open for the_transaction of public business on Week days from 7 a.m. to 5 p.m. On Sundays and Holidays from 8 to 9 a.m. In the event of a contract mail arriving after the ordinary business hours, the office is opened for the delivery of correspondence as soon as possible after the mails have been landed, and will be kept open for one hour.
HOLIDAYS.
3. Sundays and all Public and Government Holidays are observed as Post Office Holidays, except as notified in the foregoing paragraph, and except the departure of a contract mail happens to be fixed for a Public or Government Holiday, when the Office will be kept open for the purpose of despatching the mail.
DELIVERIES.
4. The following are the hours at which delivery of correspondence takes place from the General Post Office :--
In Town, 8 a.m., 10 a.m., noon, 2 p.m., 4 p.m., 6 p.m.
In the Suburbs, 9 a.m., noon, 5 p.m.
At Kowloon and the Peak, noon, 4 p.m.
On Sundays and Holidays deliveries are effected at 9 a.m. in the town and suburbs. There is no Sunday delivery at Kowloon or the Peak.
Contract mails are, however, delivered as soon as possible after arrival. The ordinary deliveries may be retarded by the contract mails.
To Shipping.
5. As a general rule correspondence for shipping in harbour is delivered to the agents, but if desired it will be delivered on board at noon and 4 p.m.
PILLAR BOXES.
6.-Pillar Letter Boxes have been placed at the following localities and are cleared daily at the following hours, except on Sundays and Holidays:-
Town District.
From Ship Street to Bonham Strand West and up to level of Robinson Road.
Clearances: 8.30 a.m., 10.30 a.in., 0.30 p.m., 2.30 p.m., 4.30 p.m.
Pillar Box No. 7.....
8...
"
"}
"
9.
n
"
""
10.
"
"}
"
11.
Pillar Box No. 12....
17
31
13. 14..
}}
Pillar Box No. 1........
"
+
2. 3.
"
"}
""
"
"
""
"
"
""
RRRR
* *
"
19
"
De bed by
Victoria, junction of Queen's Road East and Arsenal Street. Victoria, near the Harbour Master's Office.
Victoria, junction of Albany, Robinson and Garden Roads. ..Victoria, junction of seymour an! Castle Roads.
Victoria, junction of Old Bailey and Caine Road.
Suburban Districts.
Clearances: 9.30 a.m., 0.30 p.m., 5.30 p.m.
Victoria, junction of Robinson and Bonham Roads.
Victoria, East Point, junction of Percival Street and Praya. West Point, near No. 7 Police Station.
Kowloon and Peak District. Clearances : noon and 4 p.m.
.Kowloon, near Wharf and Godowns. Magazine Gap, at the Gap.
.Peak District, at Victoria Gap.
Peak District, at Mount Kellett, near "Myrtlebank."
.Peak District, at Junction of Mount Gough Road with road
to Aberdeen West of Government Villas.
.Peak District, at Plantation Road, at junction of roads
between Rural Building Lots 14 and 27.
xxii
HONGKONG POSTAL GUIDE
There is also a Letter Box fixed in the Charge Room at Tsim Sha-tsui Police Station. Letters containing any article of value should not be posted in these boxes, but should be registered at the General Post Office.
Persons posting in these boxes may cancel their stamps by writing the date across
them.
POSTAGE STAMPS.
7.-Hongkong Postage Stamps of the following values can be purchased and are available at any British Post Office or Agency in Hongkong or China:-
2 cents.
5
10
39
20
30
39
""
50 cents.
1 dollar.
2 dollars.
3
"
5
""
Post Cards--
1 cent.
2 cents (relpy paid)
3 cents.
6 cents (with reply paid.)
8.-Boxholders are at liberty to mark their Postage Stamps on the back or face or by perforation, so as to prevent their being stolen. If the mark be on the face, it must be such as not to interfere with the clean appearance of the stamp.
9. Correspondence will not be stamped at the Post Office and charged to a boxholder's account, except as provided by paragraph 11.
RATES OF Postage.
10.-Rates of Postage in Hongkong and at British Post Offices in China :-
UNION COUNTRIES
except :-
United Kingdom Macao
Cochin-China
Japan
TO
RETURN REOIS- |RECEIPT FOR TRATION. REGISTERED
ARTICLE.
SINGLE REPLY BOOKS LETTER: РОВТ
POST PER OZ. CARDS CARDS EACH. KACH.
P'TE P'S C'T &C. PER 2 OZ.
NEWS-
PAPERS PER 4 OZ.
cents.
10
centu.
cents.
cents.
cents.
6
2
2
cents. 10
cents.
74
10 to
៖
ลงม
ลง
7
10 10
៖
1
19
2
5
5
✔
North Borneo.
Philippine Islands...
LO
Siam
Straits Settlements
Tonquin
NON-UNION Countries :-
Abyssinia
10 (e)
Africa (West Coast Native Possessions). Arabia
20 (ca) 10 (c)
13
6
2110 21
6
210
Ascension. Bechuanaland
Bechuanaland Protectorate, Including-
Kanye, Lake Ngami, Macloutsie, Masho- naland, Matabeleland, Molepolole, Pala- chwe (Khamas Town), Shoshong, Tati River, and Zambesi
Cape Colony
China and Corea, (or from China to Hongkong) Friendly Islands (Tonga Islands). Madagascar (except French Establishments,"
viz., Ambositra, Andevovaute, Fenerive, Fiaranantsoa, Foulpointe, Ivondro, Mae- vatanana, Mahambo, Mahanoro, Mahela, Maintirano, Majunga, Mananjary, Moran- dava, Morotsangana, Noosi-Vé, St. Mary, Tamatave, Tananarive, Vatomandry and Vohemar).
Morocco (except Casablanca, Fez, Laraiche, Mazigan, Mogador, Rabat, Saffi, Tangier and Tetuan, at each of which places the Gibraltar Post Office maintains an agency under the Postal Union regulations)
285
20
a
5 (c)
10
10 (ca)
10 (c)
262
19 10
10 (in)
10 (in)
10 (in)
LO
6
וג
Navigators Islands (Samoa)
10
Oil Rivers Protectorate, viz :-
Benin, Bonny, Brass, Calabar, Opobo, and Warree or Forcados
20
3
Orange Free State
20
*
St. Helena
20
Sarawak
5 (ca)
Society Islands
10 (c)
BETWEEN HONGKONG AND CANTON, AND FOR Lo-
2
1
10
ลง
ล
ເ
ค
5 (b)
10
10 (in)
ล
to 10 ch thi th
เอ ง
to to to
A
10
5
10
5
10
5
มลง
2(a)
2
10
999-2
5
10
5 (in)
2
5
5
CAL DELIVERY
(a.) An additional charge is made on delivery.
(b.) Registration in China extends to Hoihow, Canton, Swatow, Amoy, Foochow, Ningpo, Shanghai and Hankow only. (e.) Prepayment is compulsory. (in.) Registration is in complete, not extending beyond Port of Arrival.
י דיון
1
HONGKONG POSTAL GUIDE
Local Rates.
xxiii
11.-Circulars, Dividend Warrants, Invitations, Cards, Patterns, Bills, Almanacs, &c., for addressees in Hongkong, or the Ports of China, but not for Macao, in batches of not less than ten of uniform size and weight, may be sent to the Post Office unstamped, the postage, at the rate of one cent each, being paid in cash or charged to the sender's account. Special accounts may be opened with non-boxholders for the delivery of considerable numbers of such articles.
19. Such covers, when addressed to places other than Hongkong or China, must be prepaid two cents each in stamps.
13-Circulars, &c., must not exceed 2 ounces each in weight. Patterns, Almanacs, &c., must be under 4 ounces each in weight. Heavier articles are charged ordinary rates.
14.-Envelopes containing patterns, &c., may be wholly closed if the nature of the contents be first exhibited or stated to the Postmaster-General, as he may consider necessary, and approved by him. Printed Circulars may be inserted in such Pattern Packets.
15.-Addresses must be complete. That is to say, on such covers as are not addressed to heads of houses, the addressee's residence or place of business must be added. In- completely addressed covers are returned to the sender for address.
MAIL ROUTEs and OppoRTUNITIES.
16.--All ordinary correspondence is sent on by the best opportunity of which the prepayment admits, unless especially directed or apparently prepaid for some other
route.
17.-Correspondence specially directed for any particular steamer is sent by her (failing any request to the contrary), however many times her departure may be postponed. If it is postponed sine die, the correspondence is sent on by the next opportunity.
18.-Correspondence from the Coast marked við Brindisi or við Marseilles is KEPT FOR THE ROUTE INDICATED even though that may involve a fortnight's detention. Unless this is intended, therefore, the safest direction is By first mail.
19.-Letters from the Coast forwarded without prepayment are not delivered until the Hongkong Office has time to deal with them; paid covers are delivered at once. Unpaid papers are returned to the senders.
20.-It is not necessary to pay postage on covers from the Coast containing stamped correspondence for the homeward mails or local delivery.
21.-It is sometimes possible to overtake the French packet at Singapore by means of a direct private steamer. When this can be done Coast correspondence which arrived too late is so sent on.
22.-Mails may also be forwarded to London and ports of call by the tea steamers leaving China, either direct, or to catch the next contract mail at Singapore or Suez. Except by special request, only letters are sent in these mails.
23.-Newspapers for China posted in the United Kingdom and paid only 1d. each instead of 14d., which is the proper postage, or over 4 ounces in weight and paid one rate only, are sent out by private steamers instead of by the contract mails.
Australia.
24.-There are two routes to Australia, viz., vid Torres Straits and via Colombo.. The Torres Straits route is the best for Eastern Australia as far as Sydney; for New Zealand, Tasmania and Fiji. All correspondence for these places is thus sent unless otherwise directed. Correspondence for Adelaide and Perth may be sent by this route.
25.--The route vid Colombo is best for Western and Southern Australia. Each home- ward French Packet connects at Colombo with the P. & O. steamer which leaves that port for King George's Sound, Adelaide, Melbourne, and Sydney.
Canada, the San Francisco Route, &c.
26.--The routes by Vancouver or San Francisco can be freely used for ordinary or registered correspondence for Union or Non-union countries. The making up of mails vid San Francisco at Shanghai is left to the United States and Japanese Post Offices.
27.-When it is desired to forward letters to the United States by a sailing ship not notified as carrying a mail, all that is necessary is to post the letters in the ordinary way, marked with the name of the ship, and prepaid 10 cents per half ounce as usual. The Post Office then undertakes the duty of obtaining notice of departure and despatch- ing the correspondence.
MAIL TIME TABLES.
28.-Tables showing the dates of the departure of the contract mails and the dates when replies to letters are due in Hongkong are published separately, and may be obtained on application.
Day trouby
xxiv
HONGKONG POSTAL GUIDE
Mail Notices.
29.-The dates and hours of closing all mails in the General Post Office are also published twice daily, except on Sundays and Holidays, in a Special Mail Notice.
FORBIDDEN ARTICLES.
30.-The following articles cannot be sent through the post :-
(a) Samples of merchandise having a saleable value.
(b) Samples and other articles which, from their nature, may expose the postal
officials to danger, or soil or damage the correspondence.
(c) Explosive, inflammable, or dangerous substances.
(d) Animals or insects living or dead.
(e) Any indecent or obscene print, painting, photograph, lithograph, engrav- ing, book, or card, or any other indecent or obscene article, or any letter, newspaper, or publication, packet or card, having thereon any words, marks or designs, of an indecent, obscene, libellous or grossly offensive character. 31.-It is forbidden to insert in ordinary or registered correspondence consigned to the post:-
(a) Current coin.
(b) Articles liable to Customs duty.
(c) Gold or silver bullion, precious stones, jewellery, and other precious articles, but only in case their insertion or transmission is forbidden by the legislation of the countries concerned.
REQUESTS FOR REDIRECTION.
32.-Requests for the redirection of correspondence, or to have it stopped in Hong- kong, must be in writing. The precise address of the correspondence must be given.
33.-Requests should also state whether private letters or those for the writer's firm are required, and to how many mails the request applies.
34. When the correspondence is required in Hongkong an address must be given to which it may be sent. Under no circumstances will it be delivered at the Post Office windows. If the applicant persists in applying for it instead of waiting till it is sent to him, his request will be cancelled.
35.-No notice can be taken of requests sent in after any mail is signalled with reference to that particular mail.
36.-Requests of a complicated nature cannot be entertained.
37.-Correspondence directed to care of boxholders in Hongkong must, without exception, be delivered as addressed.
38.-Every request is understood to refer to letters only; papers will not be intercepted unless special reasons be shewn to the satisfaction of the Postmaster- General.
39.-There is no charge for redirection of sufficiently prepaid correspondence 40.-The marine officers are not allowed to deliver correspondence at Singapore. 41.-Letters for a firm will not be intercepted without the written authority of that firm.
42.-Correspondence from the Continent for Northern Ports by French packet cannot be intercepted, nor can that for Yokohama by any mail.
43.--No request is acted on for more than three months, at the end of which time the correspondence resumes its usual course. The period of three months allowed will give time to have correspondence directed as it is to be delivered. Should it be desired that the correspondence should resume its ordinary course earlier, it will be necessary to inform the Postmaster-General.
44.--The interception of letters is promised only when possible. Sometimes it is not possible, and the omission in any case to intercept them must not be regarded as matter for complaint.
COMPLAINTS.
45.-All complaints, or representations of matters which cannot be adjusted locally, should be addressed to the Postmaster General, Hongkong, and, if marked On Postal Business, will be forwarded free by any Postmaster or Agent.
46. The cover of any correspondence about which complaint is made should if possible be forwarded with such complaint. Neglect of this generally renders enquiry impossible.
47.-When correspondence has been mis-sent or delayed (both of which are liable to happen occasionally) all that the complainant need do is to write on the cover, Sent to or Delivered at...., or Not received till the ...th instant, or as the case may be. and forward it, without any note or letter whatever, to the Postmaster-General, Attention to this would save much writing and needless trouble.
Live bees may be sent if enclosed in boxes so constructed as to avoid all danger and allow the contents to be ssertained.
Dig trouby
I
A
HONGKONG POSTAL GUIDE
PRIVATE BOXES.
XXV
48.-Private boxes may be rented in the offices at Hongkong and Shanghai. The fee is $10 a year payable in advance.
48.-Each boxholder is supplied with an account book free, but must himself provide at least two stout bags (Shanghai firms require four) marked with his name in English and Chinese on both sides. Chinese Nankin makes the best bags for this purpose. They should be without strings, but have a couple of iron rings at the mouth for suspending. Boxholders should insist on their coolies returning these bags to the Post Office as soon as emptied, or at any rate not later than next morning. The only safe way to empty a bag is to turn it inside out.
50.-Each boxholder's coolie must be provided with a stout ticket or badge of wood, metal, or pasteboard, bearing his employer's name in English and Chinese. This will enable him to obtain letters whenever a mail arrives.
51. The advantages of renting a box are many. It secures a quicker and more accurate delivery of correspondence. Unpaid letters are delivered to boxholders with- out the delay of demanding payment, change, &c., as they are charged to his account. The boxholders of Hongkong and Shanghai send bags down in the mail steamer to be filled by the marine officer. Boxholders are allowed to post their letters in sealed boxes*, and to mark their Postage Stamps. They receive free copies of all notices issued by the Post Office, Tables of Rates, &c. Many inconveniences are saved to them by the facility for charging their accounts with small deficiencies of postage, when there is no time to return a short-paid letter. This, however, is only done as an exception, when the letter cannot go on unpaid, no boxholder being allowed to make a practice of sending short- paid correspondence or letters to be stamped. Boxholders are also allowed certain privileges as to posting local correspondence unstamped (see paragraph 11).
>
52.-Boxholders' books are sent out for settlement on the first day of each month, and should be returned promptly. As a general rule no information can be given as to the correspondence charged in these accounts, where it came from, &c. There is only one way to obtain such information, and that is to file the covers of all unpaid corre- spondence received. Entries On Board are for unpaid correspondence dealt with by the marine officer on his way up from Singapore.
POST RESTANTE.
53.--All articles superscribed "To be kept till called for," "To await arrival," or in any similar way, and also articles addressed "Post Office," are held to fall under the head "Poste Restante."
64.-Poste Restante letters, &c., can be obtained at any time during the office hours. The persons applying for them must furnish satisfactory evidence that they are parties to whom the correspondence should be delivered.
55-Poste Restante correspondence is kept for the following periods, after which it is regarded as "Dead," and is returned to the office of origin :-
Local letters are kept for 1 month..
""
37
2 months
Letters for steamers are kept for 3 months
sailing vessels
"
11
4
13
International
66.-The Poste Restante is intended for the accommodation of strangers and travellers who have no permanent abode in Hongkong.
57.-When correspondence is received addressed to parties in "Hongkong," but without a full address, it is placed in the Poste Restante if no request has been received from the addressee regarding it, or his name does not appear in the Directory.
LETTERS.-Dimensions.
58. There is no limit to the weight of letters, but, unless to or from a Government Office, they must not exceed 2 feet in length and 1 foot in width and depth.
Address to be complete.
95.-Addresses should be as complete as possible in order to facilitate delivery, and in order that, in the event of the letter becoming from any cause undeliverable, it may be returned to the writer unopened, it is recommended that the sender's name and address be also superscribed on the cover.
Unpaid Letters; Loose Letters.
60.-The general rule as to insufficiently paid letters is to double the deficient postage. If the despatching office has not indicated how much the deficiency is, it is taken to be 10 cents per half ounce, and the letter is consequently charged 20 cents per half ounce. Any foreign postage stamps affixed are neglected in making this charge. Hence letters sent loose on board ship are treated as wholly unpaid, however many
The boxes should be closed with some recognizable seal. Locked boxes cannot be allowed. A receipt book should be sent with each box, but as the receiving officer cannot undertake to count the correspondence sent, he only gives a receipt for Ons Box, No attention is promised to anything written in the book-To be Registered, for instanes,
De trou by
Original roi
xxvi
HONGKONG POSTAL GUIDE
stamps of other countries they may bear. This practice is based on international rules, and is required by Treaty. Nothing can be sent wholly unpaid except letters. The prepayment of postage on local letters is compulsory.
Consignees' Letters.
61.-Consignees' letters, being privileged by law, need not be sent to the Post Office at all, but if they are sent they are liable to ordinary rates of postage.
62.-In the event of an unpaid letter becoming a dead letter, the sender is liable, according to international rules, to pay the deficient postage and the fine.
Soldiers' and Sailors' Letters.
63.-Privates in H. M. Army or Navy, Non-commissioned Officers*, Bandmasters, School-masters (not Superintending or First Class), Writers, or School-mistresses may send HALF-OUNCE letters to the United Kingdom by the English Mail at the rate of two cents each, or by the French Mail at the rate of four cents each. The postage must be prepaid in Hongkong stamps.
64. To other places not beyond Great Britain, such as India, Malta, &c., the postage is 2 cents.
65. The same privileges apply to letters addressed to the Privates and Non- commissioned Officers named above.
66.-The letters must not exceed half an ounce. No handkerchiefs, jewellery, &c., can be sent, even with the ends open.
67.-If from a Soldier or Sailor his class and description must be stated in full on the letter, the cover of which must be signed by the Commanding Officer, with name of regiment, ship, &c., in full. If to a Soldier or Sailor, his class and description, with name of regiment, ship, &c., must be stated in full.
68.-Soldiers and Sailors have no privileges with regard to books, papers, or parcels.
NEWSPAPERS.
69. A newspaper is a printed paper containing news. It must not exceed four 69.-A ounces in weight, or it is liable to an additional rate of postage. It may be prepaid as a book at the option of the sender. The Union rate of postage is 2 cents each.
70.-A bundle of newspapers may be prepaid at so much each (and each one must count, however small), or the whole may be paid at book rate.
71.-Two newspapers must not be folded together as one, nor must anything whatever be inserted except bond fide supplements of the same paper and same date. Printed matter may, however, be enclosed if the whole be paid at book rate.
72.-A newspaper must be open at the ends. If it contain any written communica- tion whatever it will be charged as a letter. It should be folded with the title outwards. Books.
73.-Books are charged at so much per two ounces The Union rate is 2 cents. 74.-The term "books "includes almost all kinds of printed or written matter not of the nature of an actual or personal correspondence, with whatever is necessary for its illustration or safe transmission, as maps, rollers, binding, &c., but a book must contain no communication whatever of the nature of a letter. Printers' copy; authors' manuscripts; diaries, but not letters in diary form; press copies of any documents not letters; law papers; deeds; bills of lading; invoices; insurance papers; copied music, &c., may all be sent at book rates. But stamps of any kind, whether obliterated or not, or any papers representing monetary value, such as coupons, drafts, lottery tickets, &c., must be sent at letter rates.
75.-A book may contain an inscription presenting it, notes or marks referring to the text, or such writing as With the author's compliments, &c.
76.-The packet must be open at the ends, and the contents visible, or easily to be rendered visible. Packets which are sealed are treated as letters even though the ends may be open.
77.-The weight of a book packet is limited as follows :--
To British Offices 5 lbs.
To other Offices 4 lbs.
78.-Book packetsfor non-British offices must not exceed 18 inches measurement in any one direction, but such objects as maps, pictures, plans, photographs, &c., if made up into rolls of no great thickness and not exceeding 31 inches in length, may be so forwarded to any country.
PATTERNS.
79.-Samples of merchandise must possess no saleable value, nor bear any writing or printing on or in the packet except the name of the sender or that of his firm, the address of the addressee, a manufacturer's or trade mark, numbers, prices, and indi-
* But not Warrant Officers, Assistant Engineers, Gunners, Boatswains, or Carpenters.
Da brod by
Original ron
::
HONGKONG POSTAL GUIDE
xxvii
cations relative to weight or size, or to the quantity to be disposed of, or such as are necessary to determine the origin and the nature of the goods.
Liquids.
80.-Liquids, oils, and fatty substances easily liquified must be enclosed in glass bottles hermetically sealed. Each bottle must be placed in a wooden box adequately furnished with sawdust, cotton, or spongy material in sufficient quantity to absorb the liquid in case the bottle be broken. Finally the box itself must be enclosed in a case of metal, of wood with a screw-top, or of strong and thick leather.
Ointments.
81.-Fatty substances which are not easily liquified, such as ointments, soft soap, resin, &c., must be enclosed in an inner cover (box, linen bag, parchment, &c.), which itself must be placed in a second box of wood, metal, or strong and thick leather.
Dry Powders.
82.-Dry powders, whether dyes or not, must be placed in cardboard boxes which themselves are enclosed in a bag of linen or parchment.
83.-Packets of patterns and samples must be packed so as to admit of easy inspection.
84.-Such packets for places in the Postal Union must not exceed 12 inches in length, 8 inches in width and 4 inches in depth.
85.-The maximum weight for packets of patterns or samples of merchandise posted in Hongkong or its agencies for the undermentioned places is 12 ounces (350 grammes).
Austria.
Belgium.
Bulgaria.
France. Greece. Guatemala.
Congo Free State.
Hawaii.
Holland.
Hungary.
Costa Rica.
Egypt.
Italy. Liberia. Luxemberg.
Mexico.
Portugal. Roumania.
Salvador. Servia.
Siam. Switzerland.
Tunis.
United States.
To British Offices the limit is 5 lbs. ; to all other places it is 8 oz.
PRICES CURRent and CircULARS.
86.-A circular is a communication of which copies are addressed, in identical terms or nearly so, to a number of persons. It may be either written or printed, or partly written and partly printed. A price current or circular may be paid as a newspaper or as a book.
87.-A bundle of prices current or circulars may be paid as so many newspapers (each one counting) or the whole may be paid at book rate. The Union rate of postage is 2 cents each. For the Cape, 5 cents.
88.-Prices Current or Circulars forwarded in closed envelopes with the corners cut off, or with notched ends, are charged letter rates, as they are not really open to inspection.
89.-Prices Current and Circulars arriving in such large quantities as to retard the delivery of the mails are allowed to stand over till there is time to deal with them.
POST CARDS
90.-The following values are issued :---
For local circulation (see paragraph 13) To Union Countries generally
""
with reply paid
.1 cent
.3 cents
.3 cents
91.-Nothing must be written or printed on the stamped side of the card but the address and, if desired, the sender's address. Any communication whatever, whether of the nature of a letter or not, may be written or printed, or partly written and partly printed on the other side. But no card will be forwarded on which anything libellous, insulting, or indecent has been written, printed, or drawn.
92.-Nothing must be attached to a Post Card, nor may it be folded, cut, or otherwise altered. If so, it will be charged as a letter. Thin paper, smaller than the card, may, however, be pasted smoothly on it.
93.-In regard to hours for posting, late fees, &c., Post Cards are submitted to the same rules as letters.
94.-A card of insufficient value may be fully prepaid by the addition of an adhesive stamp of proper amount.
REGISTRATION.
95.-Every description of paid correspondence may be registered, except such as is addressed in pencil, or is addressed to initials or fictitious names, or is not properly fastened and secured. The fee is 7 cents to the United Kingdom, local 5 cents, elsewhere 10 cents. The sender of any registered article may obtain an acknowledg- ment of its delivery to the addressee on paying an extra fee of 5 cents.
Dave By DA:
xxviii
HONGKONG POSTAL GUIDE
96.-Letters to be registered should be handed to the receiving officer at the proper win- dow, and a receipt obtained. The hour of registry will be marked on the receipt if specially requested. Whoever presents an article for registry MUST ASK (orally) FOR A RECEIPT. Nothing written on the letter or elsewhere can replace this indispensable precaution.
97. The Post Office is not legally responsible for the safe delivery of registered correspondence, but will be prepared to make good the value of such correspondence if lost while passing through the Post, to the extent of $10, in certain cases, provided :---
(a) That the sender duly observed all the conditions of registration.
(b) That the correspondence was securely enclosed in a reasonably strong envelope. (c) That application was made to the Postmaster-General of Hongkong immediately the loss was discovered, and within a year at the most from the date of posting such correspondence.
(d) That the Postmaster-General is satisfied the loss occurred whilst the correspondence was in the custody of the British Postal administration in China; that it was not caused by any fault on the part of the sender; by destruction by fire, or shipwreck; nor by the dishonesty or negligence of any person not in the employment of the Hongkong Post Office.
98.-No compensation can be paid for mere damage to fragile articles such as portraits, watches, handsomely bound books, &c., which reach their destination, although in a broken or deteriorated condition, nor on account of alleged losses of the contents of registered covers which safely reached their destinations, nor on account of any article for which the addressee has signed a receipt.
99.-The Post Office declines all responsibility for unregistered letters containing bank notes, or jewellery, and where registration has been neglected will make no enquiries into alleged losses of such letters.
100.-A postcard enclosed in a packet of correspondence, for return to the sender by way of receipt, will not under any circumstances be admitted as evidence that any particular article reached the Post Office.
101. Registration in China extends to Hoihow, Canton, Swatow, Amoy, Foochow Ningpo, Shanghai, and Hankow only.
MISCELLANEOUS,
102.-Contrary to general usage the Hongkong Post Office will give a receipt of the kind given for a boxholder's box for an ordinary letter, to assure the sender his corre- spondence has not been stolen on the way to the Post. But this receipt is not intended to be used against the Post Office in case the correspondence goes astray. Some few Offices grant acknowledgments of posting on payment of a halfpenny or so for each letter acknowledged, and even then they decline to admit that any such acknowledgment refers to any particular letter. Others have abandoned the practice of giving receipts even on payment. It is obvious therefore that this Office cannot allow its free receipts to be used to found complaints on. If that is intended the correspondence should be registered.
103.-It is no part of the duties of the Post Office to affix stamps to correspondence, or to see that servants purchase or affix the proper amounts, nor can the officers of the Department, under any circumstances, undertake to do this.
104. Any article of correspondence duly prepaid and posted becomes the property of the addressee, and cannot be returned to the sender, nor can it be detained, without the written authority of the Governor of Hongkong or of Her Majesty's Consul at the Port, on an application stating fully the reasons for the request.
PARCEL POST.
105.-A receipt will be given for each Parcel.
106. To the United Kingdom and Places beyond.--Parcels are forwarded by P. & O. packet only, and arrive in London about eight days later than the mail. No further charge is made on delivery except for Customs dues.
Cigars..
Duties in the United Kingdom." 60 per lb.
Tea.......
.6d. per lb.
Duties cannot be prepaid by the sender. Compensation not exceeding £1 under any circumstances will be paid in case of loss of or damage to a paroel forwarded to, from, or through the United Kingdom.
To India.-By P. & O. and Indian Mail packets only.
To Australia.-By P. & O. packet vid Ceylon only, except Port Darwin direct 107.---Parcels for the United Kingdom and India may be insured at the following rates:--
C.
25 fee 20
40
75
60
19
382
$0.
100 fee 80
125 160
1.00
19
1.20
$ 0.
175 fee 1.40 200
1.60
"
108.---The rates of Postage are indicated in the following Tables.
* As far as the Post Office is able to state them.
Dave By
$ 0.
225 fee 1.80 250
9.00
HONGKONG POSTAL GUIDE.
109.-To the United Kingdom and British Colonies, &c. :-
POSTAGE.
xxix
TO
Hongkong, China, Siam
Japan, Corea
Cochin-China, Cambodge, Tonkin, An-
LIMIT OF
WRIGHT
EACH
FIRST Subse- lb. quent
lb.
LIMIT OF SIZE.
PROHIBITED CONTENTS.
cents, cents.
11
6
2 ft. by 1 ft., by 1 ft.
Opium.
5
5
Do.
11
Do.
nam
Straits Settlements, Burmah, Ceylon,
11
15
15
Indis
•
British North Borneo
11
10
5
Malta
.(direct)
11
20
Gibraltar
do.
20
United Kingdom, vid Gibraltar only
11
25
Africa, West Coast +
.(vik London)
Ascension
do.
Babamse
do.
===
11
40
11
888 883
*** 932
20
Do.
Do.
20
Do.
85
Do.
30
Do.
35
Do.
Bermuda
do.
11
40
35
Do.
British Bechuanaland
do.
**
7
55
50
Do.
Do., and not smaller)
than 3 in. by 2 in.,
by 2 in.
8 ft. 6 in. long, or 6 ft. in greatest length and girth combined
Do.
Explosive matter, letters,
líquids, opium.
Opium.
British Guiana
do.
11
40
80
Do.
British Honduras
do.
11
85
Cape Town
do.
11
Cape Colony.
do.
Cyprus
do.
Fifi
do.
Mombaan, Lammı (Br. East Africa) do. Natal
11
New Hebrides
New Zealand
Newfoundland
New South Wales
Queensland
St. Helena, Tristan d'Acunha (viå London) 11
do.
do.
11
do.
do.
.(viå Ceylon)
do.
11
40
35
Tangier
Tammania
do.
11 85
do.
Transvaal
do.
~E
11
Bouth Australia
.(via Ceylon)
11
Victoria (Australis)
do.
11
Western Australia
do.
11
Port Darwin
.(direct)...
11
Windward and Leeward
Is 1. Barbados, Trinidad } (viá London)
11
Canada
do.
83 234 89 2 3 883
39 449 49 8 9 984
===
= ===
* * 22 88 88 89
==
80
Do.
Do.
40
85
Do.
Do.
Do.
Do.
45
45
40
Do.
60
40
Do.
40
40
Do.
90
Do.
Do.
Letters.
40
Do.
Arma.
Thacoo, except for personal use, copyright books. Specie or ostrich feathers. Dangerous articles, liquids (unless securely packed), contraband articles. Letters, jewellery, gold,
silver.
Letters, liquids (unless se
curely packed), specie, bullion, gold-dust, nug- gets, ostrich feathers, to- bacco stalks, extracts or essences of coffee, tea, chicory or tobacco, fruit, plants, cuttings, bulbs or roots.
Counterfeit money, duti- able articles, spirits, cl- gars, snuff, tobacco, opium, ganje, charas, chang, cannabis indica.
Letters, plants, nuggets,
tobacco, tea.
Do.
Coins, tobacco.
Letters, dangerous arti.
oles, liquids.
Letters, gold, silver, os-
trich feathers, firearms. Letters, liquids (unless
securely packed). Letters, perishable goods,
liquids.
Letters, liquids (unless se-
curely packed), tobacco,
spirits, opium.
80
80
40 40
55
60
80
30
80
80
35
7 40 85
* 8 88 88 36 % 8%
Do.
Books copyright in the
United Kingdom.
Do.
Arms, munitions of war,
Do.
Do.
30
Do.
Letters.
80
Do.
Letters,
tobacco, opium pipes. Letters.
Same as British Bechuana-
land.
vines, opium,
spirits, tobacco.
Do.
Letters.
80
Do.
Letters.
80
Do.
2 ft. by 1 ft., by 1 ft.
Liquids (unleas securely
packed), oleomargarine,
Jamaica, Turks' Is.
do.
11
Mexico
do.
11
45
40 35
85
2ft. long, or 4 ft. in length
and girth combined.
Do.
butterine, books" copy- right in Canada.
Letters.
Letters, liquids, lottery
tickets, circulars.
How Ofless, vis : Adén, Bagdad, Bander Abas, Busrah, Bushire, Guadur, Jask, Kashmir, Lings, Musost, Zanzibar. Bathhurst, Cape Coast Castle, Lagos, Quittah, Sierra Leone.
‚ Montserrat, 8. Kitts, Nevis, Dominica, Virgin Is. ; Grenada, 6. Lucia, 8. Vincent, Tobago.
Dave By
XXX
HONGKONG POSTAL GUIDE.
110.-To the Continent of Europe and Foreign Countries:-
To
BRITISH PACKET, vid London.
GERMAN PACKET. Direct.
0 to 2 Ib.
$ c.
C.
G.
Algeria and Corsica §
1.20
1.70
Argentine Republic §
1.50
2.25
Austro-Hungary
1.10
1.80
Azores Is.
1.40
1.90
Belgiam
1.00
1.50
2.00
Beyrout
0.90
1,60
2.30
Bosnia, Herzegovina & Novi
Bazar
1.30
1.90
Bulgaria
1.40
1.90
Cameroons
1.60
2.10
Chili §
1.90
2.40
Colombia
1.40
2.40
3.20
Congo Free State
1.10
1.30
1.60
Constantinople, ¶
0.70
1.50
2.20
Costa Rica T
1.30
2.20
8.00
Danish West Indies
1.20
1.90
2.70
Denmark
1.10
1.60
Egypt (direct)
0.40
1.00
1.50
Finland §
1.10
3.10
France
1.00
1.50
1.20
French Colonie a § ||
1.70
2.20
French & Austrian Offices
1.40
1.90
in Turkey §
Germany
1.00
1.50
Greek Ports (vid Hamburg)§|
1.20
1.40
Heligoland
1.00
1.50
Holland
1.00
1.50
2.00
Italy § (vid France)
1.10
1.80
Luxemburg
1.00
1.50
2.10
Madeira
1.15
1.90
Mauritius ¶
1.20
1.90
Norway
1.00
1.50
2.00
Portugal (cia Lisbon)
1.20
1.70
1.50
Roumania
1.30
1.80
Samoa and Tonga
1.70
2.80
Servia
1.30
1.80
Seychelles ¶
1.20
1.90
Smyrna
0.70
1.50
2.20
Spain §
1.20
1.70
1.40
Sweden
1.00
1.70
Switzerland
1.10
1.60
2 to 7 lb. 7 to 11 tb. 0 to 7 b. 0 to 11 lb.
1.10
PROHIBITED CONTENTS.
Coins, arms, ammunition, medicines, plants, vines, gold, silver,Jewellery, lace. Letters, vine plants, gold,
silver, jewellery.
Letters, lottery tickets. Letters, coins, tobacco,
vines, plants.
Letters, firearms, tobacco.
tickets, plants.
lottery
Letters, lottery tickets, coins, arīns, ammunition, t'bacco, plants, vines, drugs." Letters, liquids.
Letters, plants, arms and implements of war, arti- cles injurious to health. Letters, liquids, arms. Letters.
Firearms, tobacco, salt. Letters, arins.
Letters.
Letters, lottery tickets, pro-
spectuses.
Letters, arms, ammunition,
liquids.
Letters, arms, spirits, coins. Letters, arms, ammunition, medicines, foreign bronze coins, plants, gold, silver. Letters, arms, ammunition, tobacco, plants, vines, gold, silver, jewellery, lace. Letters, tobacco, salt, fire-
artin.
Letters, plants with roots, vines or parts of vines, socialistic books,
Letters, plants, dangerous articles, liquids, ~gold,
silver, jewellery,
Same as Germany.
Letters.
Letters, tobacco, vines or
parts of vines, arms, che-
mical compounds, rags. Letters.
Letters, coins, tobacco,
vines, plants.
Letters, coins,
vines, plants.
tobacco,
Letters, plants(except seeds
and dried roots).
Same as Germany.
Letters, vines.
Letters, gold, silver, jewel-{
lery.
Letters, materials for gun- powder, plants, arms, to- bacco.
Letters, arms, ammunition,
books, maps, plants, ro- saries, relics.
Letters, gold, silver, drugs. ¦ Letters.
1.20
1.20
Letters.
Letters, foreign
1.20
1.20
1.20
Letters.
1.50
Letters.
Tahiti §
2.20
3.30
Uruguay §
1.75
2.50
1.50
1.20
Letters, gold, silver, jewellery
3.10
Letters, lottery tickets, li-
quids, vines.
Parcels must not exceed 2 ft, in length, or 4 ft. in length and girth combined.
Diego Suarez, French Guiana, Guadeloupe, Martinique, Mayotte, New Caledonia, Nossi-Bé, R'union, S. Marie
de Madagascar, Senegal, Tripoli, Tunis.
Parcels must not exceed 3 feet 6 inches in length, or 6 feet in greatest length and girth combined.
Dypes of Google
By
HONGKONG POSTAL GUIDE
xxxi
111.-Except as indicated in the foregoing Tables parcels must not exceed 2 feet in length, breadth, or depth. Those intended for the German packet must be so directed. 112-Each Parcel must be sealed in such a way as to render it impossible that it should be opened without detection. The sender must supply a declaration of the nature, value, and net weight of the contents, and of the gross weight of the Parcel.
113*-A small charge, not exceeding six cents, may be made for Custom House purposes on the delivery of the parcel. "Except Customs dues, this is the only charge the addressee will have to pay.
114.-GENERAL RULES.-Parcels must be posted before 3 p.m. on the working day next before the departure of the packet. A receipt will be given for each. A declara- tion of contents and value is required, except for places the names of which are printed in italics. The form is supplied free. Parcels may be sealed, but any Parcel, even though sealed, is liable to be opened for examination. Dangerous or perishable goods, opium, articles likely to injure the mails, liquids (unless securely packed), and fragile packages are prohibited. No parcel must exceed $250 in value. A Parcel may contain a letter to the same address as that of the Parcel itself (except in cases where enclosure of letters is prohibited) or another Parcel to that address, but no other enclosure. Declarations of Contents must be complete and accurate. Everything in the Parcel should be entered. False declarations expose the Parcel to the risk of
confiscation.
MONEY ORDERS.
115.-Money Orders are issued at Hongkong and Shanghai at current rates of exchange on the following countries and places:-
Canada.
Chins Ports (Hoihow, Can- ton, Swatów, Amoy, Foo- chow, Ningpo, Hankow, and Shanghai. Ceylon.
Hawaii (Sandwich Islands). British India (including
FOREIGN COUNTRIES:---
Austria-Hungry. Belgium. Bulgaria
APRICA.
Chilli.
Denmark (including Ice.
land and Faroe Islands).
Danish West Indies.
Egypt.
BRITISH COLONIES.
Cyprus.
Falkland Islands.
Malta.
Gibraltar.
Newfoundland.
British Bechuanaland.
Cape Colony.
Gambia.
AFRICA.
Burmah and the Agen- cies of the Indian Post Once in the Persian Gulf)
Japan Ports (Nagasaki, Omka, Hiogo, Kobe, Kioti, Yokohama and Hakodate).
Drawn through
France, with Algeria. German Empire (including
Heligoland and the Ca meroons). Holland,
Italy (with Agencies at Tripoli, Assab and Mas- sowah).
Norway.
Gold Coast Colony.
Lagos.
Mauritius
Natal.
St. Helena. Seychelles.
Sierra Leone
Mombasa. Lamu.
New South Wales.
New Zealand.
British North Borneo. Queensland.
Siam (Bangkok only). South Australia.
London Office.
WEST INDIES.
Orange Free States. Portugal (including Ma- deira and the Azores). Roumania. Sweden. Switzerland. Transvaal. Tunia.
United States.
Antigua.
Bahamas.
Barbadoes. Bermuda.
British Guiana. British Honduras. Dominion.
WEST INDIES.
Straits Settlements (Singa- pore, Penang and Ma.
Tasmania. United Kingdom. Victoria.
Western Australia.
FOREIGN CITIES AND TOWNS :-
Constantinople.
Smyrna.
Beyrout.
Adrianople.
Salonica.
Panama.
Tangier.
Grenada.
Jamaica. Montserrat.
Nevis.
St. Kitta. St. Lucia.
St. Vincent. Tobago.
Trinidad.
Turks' Islanda.
116.-Orders on the Countries drawn through the London Post Office are paid less the following discount, for which the remitter should allow. All such Orders must be expressed in British currency:-
For sums not exceeding £2.
"}
"
exceeding £2 but not exceeding £ 5...
""
£5 £7
£ 7.
£10.....
.3d.
.6d.
.9d.
...ls. Od.
117.-The commission charged is as follows (according to the currency the Order
is drawn in):-
Up to £2, or $10, or 20 Rupees....
Up to £5, or $25, or 50 Rupees...
Up to £7, or $35, or 70 Rupees...
Up to
150 Rupees..
Up to £10, or $50, or 100 Rupees..
0.20 cents.
0.40 cents.
0.60 cents.
0.80 cents.
$1.00.
118.-No Order must exceed £10 or $50 (unless drawn on India, when 150 Rupees is
the limit).
* Paragraphs 112 and 113 refer to Paragraph 110.
xxxii
HONGKONG POSTAL GUIDE
IMPERIAL POStal Notes.
119.-POSTAL NOTES of the values named below, payable within three months at any Post Office in the United Kingdom, or at Constantinople, can be obtained at Hongkong or at any British Post Office in China at prices, which include commission, and which vary with the rate of exchange :-
1/-, 1/6, 5/-, 10/-, 20/-
The prices are published from time to time in the Government Gazette and can be obtained on application.
120. The purchaser of any Postal Note must fill in the payee's name before parting with it. He may also fill in the name of the Office where payment is to be made. If this is not done the note is payable (within three months) anywhere in the United Kingdom, or at Constantinople. Any Postal Note may be crossed to a Bank.
121.-Postal Notes should always be forwarded in registered covers. precaution is not taken NO ENQUIRIES WHATEVER will be made as to the loss or alleged loss of any Note.
If this
122.-Postal Notes issued in the United Kingdom are not payable in Hongkong or
China.
LOCAL POSTAL NOTES.
123.-Postal Notes of the values named below, payable within six months, are issued and paid at Hongkong, Hoihow, Canton, Swatow, Amoy Foochow, Shanghai, Ningpo and Hankow.
25 Cent Note. Commission charged on issue..
1 cents.
50
1
>>
""
""
19
99
**
1.00
2
""
"
"
">
}}
2.00
4
""
13
"9
"1
99
3.00
6
"
19
"
19
31
4.00
8
39
**
""
""
""
5.00
.10
99
19
"
**
"9
}}
"}
"
.20
$10.00
124.--The purchaser of any Postal Note may, before parting with it, fill in the name of the Payee, and also the name of the Office where payment is to be made; if this is not done the Note is payable (within six months) to bearer at any of the above places.
125.-Every person to whom a Postal Note is issued should keep a record of the number, date, and name of Office of issue, to facilitate enquiry if the Note should be lost, and should register the letter in whieh it is forwarded.
126.-If a Postal Note be lost or destroyed, no duplicate therevf can be issued. This regulation cannot be departed from in any case whatever, for the reason that every Postal Note is payable to bearer and that no specified person can therefore satisfactorily establish the fact of his ownership in a lost Note which is not filled in, and which, if found at any time, would be payable to bearer.
127.-If a Postal Note be crossed
& Co. payment will only be made
through a Banker, and if the name of a Banker is added payment will only be made through that Banker.
128.-After a Postal Note has once been paid, to whomsoever it is paid, the Government will not be liable for any further claim.
129. If any erasure or alteration be made, or if the Note is cut, defaced or mutilated, paynient may be refused.
130.-The Officer in charge of a Post Office may delay or refuse the payment of a Note, but he must at once report his reasons for so doing to the Postmaster General.
131.-After the expiration of six months from the last day of the month of issue, a Postal Note will be payable only on payment of a commission, equal to the amount of the original commission, but after twelve months it will become invalid and not payable.
This edition of the Postal Guide has been re-arranged in a form which it is hoped will be found more convenient for reference than that previously existing. It is requested that any difficulty experienced in using it may be notified, with a view to the improvement of future issues.
This reprint supersedes all previous issues of the Postal Guide, and is the only authorised complete summary of Postal regulations. Whilst always willing to supply information in other ways, the Department declines responsibility for errors in replies to oral applications (especially if addressed to Chinese) or notes to subordinate officers. The Chinese Shroffs at the windows are placed there to sell stamps, not to decide what is correct postage, nor to answer enquiries, for which they are not competent.
HONGKONG, January 1st, 1894.
Dave By
HONGKONG STAMP OFFICE RULES.
1.-Office hours, 10 to 3; Mail days, 10 to 5; Saturdays, 10 to 1.
2-Applications for Impressed Stamps must be made on a requisition supplied gratis, whether the Stamps are to be paid for in cash, or are applied for in exchange for spoiled Stamps. The requisition in either case to be on a separate paper.
3.-Payment must be made on requisition.
4.-Requisitions will be executed as received.
5.-All documents and change should be examined before being remored. No question as to wrong counting or of weight or goodness of money will be entertained afterwards.
6.-Spoiled Stamps on unexecuted Instruments.
4.-Allowance will be made for Stamps upon Instruments spoiled by error in the
writing:
b. Or defaced by accident:
c.-Or rendered useless by unforeseen circumstances before completion. 7.-The claim for such Stamps must be made within Six Months after spoiling. 8.-Spoiled Stamps on executed Instruments.
a.-Allowance will be made for Stamps on Instruments found unfitted for the purpose originally intended by error therein:
b.--Or which cannot be completed in the form proposed because of the death of any person:
c. Or because of refusal of signature.
9. Claims for Stamps on executed Instruments must be made within Six Months after signature, the substituted Deeds, if any, being produced duly stamped.
10.-Stamps on Bills of Exchange or Promissory Notes when signed by the drawer or maker will be allowed if they have not been out of his hands, and have not been accepted or tendered for acceptance.
11.-Bills, &c., wherein any error has been made will be allowed though accepted or tendered for acceptance, provided the claimant produces the Bills substituted within Six Months after the date of the spoiled ones.
12.-Applications for allowances may be made on Tuesday or Friday from 11 to 3.
18. No allowance for Spoiled Stamps is made on signed or partly signed Transfers of Shares.
14.-Documents spoiled in stamping will be destroyed, the applicants providing the addi- tional paper, &c.
15. Stamps will be impressed upon any part of the Documents where practicable with security to the Revenue, a point to be decided by the Collector.
16.-Forms may be left at the Office to supply deficiencies in counting, or to replace those spoiled in stamping.
17.- All Impressed Stamps will be dated.
18.-No Bills of Exchange in sets will be stamped in which the words First and Second or First, Second, and Third are left blank. The words, Second of the same tenor and date being unpaid, or the like, must also be wholly filled in on each one.
DIGEST OF PENALTIES UNDER THE STAMP ORDINANCE, 1886 SECT. 6. For neglect to stamp sufficiently, and for negotiating, &c., insuffi- ciently stamped documents
SECT. 6. For not obliterating Adhesive Stamps
$100
Not exceeding
SECT. 7.-For not drawing the whole number of which a set of Bills pur-
$500
perts to consist
SECT. 7.-For untrue statement under ad valorem stamp...
SECT. 10.-Penalties on stamping after execution, where there was no fraudulent intention :-
Within ‹ne month, double
Within two months, 10 times
the deficient duty
10 cents.
5
After two months, 20 times...
TABLE OF THE PRINCIPAL AD VALOREM DUTIES UNDER THE
STAMP ORDINANCE, 1886.
AVERAGE STATEMENT
CHARTER PARTY
CONVEYANCE
LEASE-
10 cents.
...10
30
Per $100.
One year Three years Thirty years... Over 80 years
10
25
2332
50
.75 "
MORTGAGE
...
Transfer, &c.
Per $100.
Reassignment
PROBATE
SERVANT'S SECURITY
SETTLEMENT
TRANSFER OF SHARES
1 cent.
$1.
10 cents. 30
"1
...10
19
SCHEDULE
LIST OF Stamp Duties under Ordinance No. 16 of 1886
Norn.-A document containing or relating to several distinct matters is to be separately and distinctly charged with duty in respect of each of such matters. Any document liable to Stamp duty under more than one article
1.-
of this Schedule shall be charged under that article which imposes the highest duty.
ADJUDICATION as to the amount of stamp duty to be levied on any docu- } $1.
ment....
2.-AGREEMENT, or any memorandum of an agreement, under hand only, and not specially charged with any duty, whether the same be only evidence of a contract, or obligatory on the parties from its being u written instrument..............
50 cents.
NOTE. --Agreements as to letting or tenancy are in all cases chargeable na leases. See articles 22 and 24. AGREEMENT or Contract accompanied with the deposit of Title Deeds to
any immovable property, or for securing the payment or repaymentSee Mortgage, 26. of any money or stock
EXEMPTIONS.-Label, slip, or memorandum containing the heads of any Insurance to be effected by means of a duly
stamped Policy or Risk Note.
Memorandum, letter, or agreement made for or relating to the sale of suy goods, wares, or merchandise, or to the
sale of suy shares in any public company, not being a Broker's note or document given by a Broker. Seaman's advance note, or memorandum, or agreement made between the master and mariners of any ship for
wages. -Emigration Contract.-Passage Ticket.
-ARBITRATION AWARD.......................
-ARTICLES OF CLERKSHIP, or Contract whereby any person shall first be-
$1.
come bound to serve as a clerk in order to his adınission as an Attorney 》 $50. or Solicitor
ASSIGNMENT, by way of security, or of any security.
Upon a
sale
5.-ATTESTED COPY of any Document chargeable with Stamp Duty under
this Schedule
AVERAGE STATEMENT.
See Mortgag", 26. .See Conveyance, 14.
$1. ...See Bond, 10.
6.-BANK CHEQUE payable on demand to any person, to bearer, or order. ...........2 cents.
7.-Bank NOTES, or other obligations for the payment of money issued by any Banker or Banking Company in the Colony for local circulation and payable to bearer on demand..........................
Two-thirds per cent. per annum on the average value of such notes in cir- culation. To be collected monthly on a statement thereof to be fur- nished by each Banker or Banking Company to the Collector of Stamy Revenue at the end of each month, and to be signed by the Banker, or Manager, or Agent, and Accountant of such Banker or Banking Company.
8.-BILL OF EXCHANGE drawn out of but payable on demand within the Colony, not being a Cheque, and bearing the date on which it was made BILL OF EXCHANGE drawn out of and payable on demand out of the Colony, when negotiated within the Colony........
BILL OF EXCHANGE of any other kind whatsoever except a Cheque or Bank Note and Promissory Note of any kind whatsoever except a Bank Note.
From
2 cents. 2 cents.
Free. 50.... 02 cents.
250.... 06
♫ 500........ 10
00 to
10....
10
50
250
5:00
#
1,000
2,000 "
1,000.. 20
$2,000.
60
3,000....$1.0
8,000 $ 6,000.......... 21.50. 5,000 $10,000....$2.00. 10,000 15,000....$43.00. Every 85,000 additional or
part thereof.
80.50
Nors 1.-A Bill of Exchange for exactly 850 is to be charged 2 cents, and so throughout the table. Norz 2.-When Bills of Exchange or other such documents are drawn in sets of two or more, half the above duties to be charged on each part of a set. If the Duty be 5 cents the first part of the set shall be charged 3 cents, and the other parts 3 cents each.
Nors 3.-In the case of Bills in sets drawn out of the Colony, the whole duty shall be payable on that part of the set which is first presented for payment or acceptance, or is first otherwise negotiated, the other parts of the set being free.
9.-BILL OF LADING, or ship's receipt where bills of lading are not used, for
}
10 cents.
each part of every set Examption.-Bill of Lading for goods shipped by any Government Officer on account of Government.
10.-BOND, or other obligation concerning RESPONDENTIA AND BOT-) 10 cents for every TOMEY, and Average Statement, or Bond where no statement is drawn $100 or part
up...
BOND for securing the payment or repayment of money not otherwise pro-
thereof.
vided for, or for the transfer or re-transfer of stock, or accompanying › See Mortgage, 26. the deposit of Title Deeds to any immovable property.
BOND.........
11.-BROKER'S NOTE, or any document having reference to the sale or
purchase of any merchandise, given by any Broker..... 12.-Charter PARTY, or any Agreement or Contract for the charter or hiring of any sea-going ship or vessel, to be charged on the estimated freight....
• Order in Council of April 7th, 1887.
Dames by
(See also Articles 4,
20, 21, 33.
}
50 cents.
10 cents for every
$100 thereof.
or part
13.-COPY ChaXter--
LIST OF STAMP DUTIES
Vessel under 200 tons, each copy..
"
over 200
J
$1. .$2.
XXXV
COLLATERAL SECURITY
CONTRACT ....
14.-CONVEYANCE or Assignment on sale, to be levied on the amount or
See Mortgage, 26.
See Agreement, 2.
$100 or part thereof.
value of the consideration money, such consideration money to in- | 30 centa .or every clude any sum payable by the purchaser in respect of any mortgage or other debt remaining upon the property purchased, or released by such purchaser to the vendor. (See also Article 17)..
EXEMPTION.-Transfer by mere endorsement of a duly stamped Bill of Exchange, Promissory Note, or other negotiable
Instrument, or of a Bill of Lading. Bill of Sale for Chinese Junk. 15.-COPARTNERSHIP, Deed or other instrument of 16.-DECLARATION OF TRUST
$2.
$10.
$25.
17.-DEED or other instrument of Gift, assignment, or exchange, where no money consideration, or a merely nominal money consideration, passes
• DEED of Assignment where no money consideration or a merely nominal money consideration passes and where such Deed is merely confirmatory { $10.
of an Assignment on which the full conveyance duty has been paid....
NOTE-The Collector of Stamp Revenue shall, unless the two deeds referred to in the foregoing paragraph are comprised in one and the same document, denote by an entry under his hand made upon the Deed stamped with the $10 duty, that the full conveyance duty (if more than $10) has been paid upon the other.
DEPOSIT of Title Deeds
18.-DUPLICATE or Counterpart of any Document chargeable with duty under this Schedule, to be affixed on the production of the original Document bearing its proper Stamp, and not otherwise. If the original duty is-
Under $1.......
From $1 to $10
$10 to $20.
Over $20...............
See Mortgage, 26.
Same duty.
.$1.
$2.
.$3.
No11.-The duplicate or counterpart of any instrument chargeable with duty is not to be deemed duly stamped unless it appears by some entry made by the Collector or by some stamp impressed thereon that the full and proper duty has been paid u on the original instrument of which it is a duplicate or counterpart or unless it is stamped sa an original instrument.
19.-EMIGRATION FEES, under the Emigration Consolidation Ordinance, 1874-
Application for a certificate Certificate.
EQUITABLE Charge...
$1. $1.
..See Mortgage, 26.
20.-FOREIGN Attachment BonD, in the Supreme Court, either Jurisdic- Į $1 for every $100 or
tion...
GUARANTEE
Spart thereof.
See Agreement, 2.
21.-Every INSTRUMENT in writing UNDER SEAL, not otherwise specially $10.
charged with duty under this Schedule..........
Nors. The impressions of Chinese names, shop names, or trading names, commonly called chops shall not be taken
to be seals within the meaning of this Article.
22.-LEASE or agreement for a Leaso, made for a term of years, or for
$100 or part there-
a period determinable with one or more life or lives or otherwise (30 cents for every contingent, in consideration of a sum of money paid in the way of premium, fine, or the like, if without rent
of.
23.-LEASE, executed in pursuance of a duly stamped agreement for the same...$1. 24.-LEASE or Agreement for a Lease of any Land, House, Building or Tenement, at a rent, withont payment of any sum of money by way of fine or premium, to be levied on the Annual Rent, for a term not ex- ceeding :-
One year
Three years
Thirty years
Exceeding thirty years
.10 cents.) For every
.25
$100 or
.50
"
..75
part thereof.
31
Nork. When both rent is paid and there is a fine or premium, the duty is to be the total of that due under both articles
22 & 24. EXEMPTION-All rentals under $50 per annum 25.-LETTER or other instrument of HYPOTHECATION accompanying)
deposit of documents of title to any moveable property, or bond, or other instrument of guarantee in respect of such property or documents of title
Referring to parti- cular property, $1. (Duplicate, 10 cents.
General, $2.
See Agreement, 2.
LETTER OF GUARANTEE. 26.-MORTGAGE, or Agreement for a Mortgage, Bond, Debenture, Covenant, Warrant of Attorney to confess and enter up judgment, and Foreign security of any kind not specially charged with duty under this Sche- dule, to be levied on the amount or value of the principal sum secured.
* Order in Council of 8th October, 1888.
Digized by
Original from..
xxxvi
LIST OF STAMP DUTIES
$100 or part thereof.
(i.) Being the only, or principal, or primary security, and also where 10 cents for every
१ any further money is added to the money already secured........ (ii.) Being a collateral or auxiliary or additional or substituted security, other than a Mortgage executed pursuant to a duly stamped agreement for the same, or by way of further assurance for the above-mentioned purpose where the principal or primary security is duly stamped, and for every extension of the time of an Original 5 cents for every $100 Mortgage endorsed on such Mortgage......
(iii) Transfer, assignment, disposition or asignation of any Mort- gage Bond, Debenture, Covenant, or Foreign security, or of any inoney or stock secured by any such instrument, or by any War- rant of Attorney to enter up Judgment, or by any Judgment; to be levied on the amount transferred...............................
J
or part thereof.
(iv.) Reassignment, release, discharge, surrender, resurrender, warrant 1 cent for every $100
to vacate, or renunciation of any such security as aforesaid, or of the benefit thereof, or of the money thereby secured....
or part thereof.
(v.) Mortgage executed in pursuance of a duly stamped agreement for same 27.-Any NOTARIAL ACT whatsoever not otherwise charged with duty in this Schedule.......... 28.-NOTE OF PROTEST by any Commander or Master of a vessel, or with 25 cents.
regard to any Promissory Note or Bill of Exchange
•
29.-POLICY or Risk Note of Marine, Fire, Life or other Insurance, for
each copy, and every renewal
30.-Power OF ATTORNEY
10 cents.
.$2.
part thereof.
$1.
$1.
31.-Probate, or Letters of Administration, with or without the Will]
annexed, to be calculated upon the value of the Estate and Effects | $1 for every $100 or for or in respect of which such Probate or Letters of Administration shall be granted, exclusive of what the deceased shall have been possessed of, or entitled to as a Trustee for any other person or persons and not beneficially.....
EXEMPTION.-Administration Bonds, and Estates under $250.
REASSIGNMENT
32.-RECEIPT or Discharge given for the payment of money, or in acquittal
See Mortgage, 26.
of a debt paid in money or otherwise, when the sum received, dis- § 2 cents. charged, or acquitted exceeds $10
EXEMPTIONS.-Letter acknowledging the arrival of a Currency or Promissory Note, Bill of Exchange, or any security for money, Receipt or Debit Note for the Premium on a duly stamped Policy of Insurance. Receipt given by any officer or soldier of Her Majesty's forces stationed in the Colony for money paid out of Imperial Revenue,
33.-Servant's SECURITY BOND. Any Instrument in writing under seal)
by which any domestic or other Servant or Clerk or Compradore shall give security for the due discharge of his duties, or of the duties of other persons to be employed by him, or for the safe custody of money or property to be entrusted to him, or for the proper carrying on of business to be conducted by him, or for the discharge of his responsibilities arising from such business, whether such security shall be given by the binding of other persons, or by the deposit of money or valuable property or by deposit of the Title Deeds to any property or by any assignment.....
34.-SETTLEMENT. Any instrument, whether voluntary or upon any good or valuable consideration, other than a bond fide pecuniary consideration, whereby any definite and certain principal sum of money (whether charged or chargeable on lands or not, or to be laid out in the purchase of lands or not) or any definite and certain amount of stock, or any security, is settled or agreed to be settled in any manner whatsoever
The same duty as a Mortgage, see Ar- ticle 26, i. & ii.
30 cents for every $100 or part there- of of the amount or value of the property settled or agreed to be settled.
EXEMPTION.-Instrument of appointment relating to any property in favour of persona especially named or described as the objects of a power of appointment created by a previous Settlement stamped with ad valorem duty in respect of the same property, or by will, where probate duty has been paid in respect of the same property as personal estate of the testator.
35.-SettlemeNT executed in pursuance of a duly stamped agreement for the same...$1. 86.-TRANSFER OF SHARES or stock in any public company, to be computed ) 10 cents for every on the market value of such shares on the day of stamping, which, if doubt $100 or part arises, the collector shall decide subject to Section 15 of this Ordinance. thereof. (ii.)-Transfer for a nominal amount, to be approved by the Collector...$1. EXEMPTION.-Scrip Certificate.
GENERAL Exxxptions.
Any Document made or executed by or on behalf of Her Majesty or of any Department of Her Majesty's Service, or whereby any property or interest is transferred to, or any contract of any kind whatsoever is made with Her Majesty or any person for or on behalf of Her Majesty or any such Department as aforesaid.
But this exemption does not extend to any Document executed by the Registrar of the Supreme Court as Official Admini- strator or by a Receiver appointed by any Court, or to any Document rendered necessary by any Ordinance or by the order of any Court; neither does it extend to a sale made for the recovery of an arrear of Revenue or Rent, or in satisfaction of a Decree or Order of Court, in any of which cases the purchaser shall be required to pay the amount of the requisite Stamp in addition to the purchase money.
DABAR BY
TREATIES, CODES, &c.
D: Google
Originall from
TREATIES WITH CHINA.
GREAT BRITAIN
TREATY BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA
SIGNED, IN THE ENGLISH AND CHINESE LANGuages, at NanKING,
29TH AUGUST, 1842
Ratifications Exchanged at Hongkong, 26th June, 1843
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of China, being desirous of putting an end to the misunderstandings and consequent hostilities which have arisen between the two countries, have resolved to conclude a treaty for that purpose, and have therefore named as their Plenipotentiaries, that is to say: Her Majesty the Queen of Great Britain and Ireland, Sir Henry Pettinger, Bart., a Major-General in the Service of the East India Company, &c.; and His Imperial Majesty the Emperor of China, the High Commissioners Ke-ying, a Member of the Imperial House, a Guardian of the Crown Prince, and General of the Garrison of Canton: and Ilìpoo, of the Imperial Kindred, graciously permitted to wear the insignia of the first rank, and the distinc- tion of a peacock's feather, lately Minister and Governor-General, &c., and now Lieut.-General commanding at Chapoo-Who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles:
Art. I.-There shall henceforward be peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of China, and between their respective subjects, who shall enjoy full security and protection for their persons and property within the dominions of the other.
Art. II.-His Majesty the Emperor of China agrees that British subjects, with their families and establishments, shall be allowed to reside, for the purpose of carry- ing on their mercantile pursuits, without molestation or restraint, at the cities and towns of Canton, Amoy, Foochow-foo, Ningpo, and Shanghai; and Her Majesty the Queen of Great Britain, &c., will appoint superintendents, or consular officers, to reside at each of the above-named cities or towus, to be the medium of communication between the Chinese authorities and the said merchants, and to see that the just duties and other dues of the Chinese Government, as hereinafter provided for, are duly discharged by Her Britannic Majesty's subjects.
Art. III.-It being obviously necessary and desirable that British subjects should have some port whereat they may careen and refit their ships when required, and keep stores for that purpose, His Majesty the Emperor of China cedes to Her Majesty the Queen of Great Britain, &c., the Island of Hongkong to be possessed in perpetuity by Her Britannic Majesty, her heirs, and successors, and to be governed by such laws and regulations as Her Majesty the Queen of Great Britain, &c., shall see fit to direct.
Art. IV. The Emperor of China agrees to pay the sum of six millions of dollars, as the value of the opium which was delivered up at Canton in the month of March, 1839, as a ransom for the lives of Her Britannic Majesty's Superintendent and suv- jects who had been imprisoned and threatened with death by the Chinese high officers.
Art. V.---The Government of China having compelled the British merchants trading at Canton to deal exclusively with certain Chinese merchants, called Hong merchants (or Co-Hong), who had been licensed by the Chinese Government for this purpose, the Emperor of China agrees to abolish that practice in future at all ports where Brit:sh merchants may reside, and to permit them to carry on their mercantile transactions with whatever persons they please; and His Imperial Majesty further agrees to pay to the British Government the sum of three millions of dollars, on account of debts due
Digitized by
1*
NANKING TREATY, 1842
to British subjects by some of the said Hong merchants, or Co-Hong, who have become insolvent, and who owe very large sums of money to subjects of Her Britannic Majesty.
Art. VI.-The Government of Her Britannic Majesty having been obliged to send out an expedition to demand and obtain redress for the violent and unjust proceedings of the Chinese high authorities towards Her Britannic Majesty's officers and subjects, the Emperor of China agrees to pay the sum of twelve millions of dollars, on account of expenses incurred; and Her Britannic Majesty's plenipotentiary voluntarily agrees, on behalf of Her Majesty, to deduct from the said amount of twelve millions of dollars, any sums which may have been received by Her Majesty's combined forces, as ransom for cities and towns in China, subsequent to the 1st day of August, 1841.
Art. VII. It is agreed that the total amount of twenty-one millions of dollars, described in the three preceding articles, shall be paid as follows :-
Six millions immediately.
Six millions in 1843; that is, three millions on or before the 30th June, and
three millions on or before 31st of December.
Five millions in 1884; that is, two millions and a half on or before the 30th of
June, and two millions and a half on or before the 31st of December.
Four millions in 1845; that is, two millions on or before 30th of June, and
two millions on or before the 31st of December.
And it is further stipulated, that interest, at the rate of 5 per cent. per annum, shall be paid by the Government of China on any portion of the above sums that are not punctually discharged at the periods fixed.
Art. VIII.-The Emperor of China agrees to release, unconditionally, all subjects of Her Britannic Majesty (whether natives of Europe or India), who may be in con- finement at this moment in any part of the Chinese Empire.
Art. IX.-The Emperor of China agrees to publish and promulgate, under his imperial sign manual and seal, a full and entire amnesty and act of indemnity to all subjects of China, an account of their having resided under, or having had dealings and intercourse with, or having entered the service of Her Britanric Majesty, or of Her Majesty's officers; and His Imperial Majesty further engages to release all Chinese subjects who may be at this moment in confinement for similar reasons.
Art. X. His Majesty the Emperor of China agrees to establish at all the ports which are, by Article II. of this treaty, to be thrown open for the resort of British merchants, a fair and regular tariff of export and import customs and other dues, which tariff shall be publicly notified and promulgated for general information; and the Emperor further engages that, when British merchandise shall have once paid at any of the said ports the regulated customs and dues, agreeable of the tariff to be hereafter fixed, such merchandise may be conveyed by Chinese merchants to any province or city in the interior of the empire of China, on paying a further amount as transit duties, which shall not exceed- -per cent. on the tariff value of such goods.
Art. XI.-It is agreed that Her Britannic Majesty's chief high officer in China shall correspond with the Chinese high officers, both at the capital and in the provinces, under the term "communication;" the subordinate British officers and Chinese high officers in the provinces under the term "statement," on the part of the former, and on the part of the latter, "declaration," and the subordinates of both countries on a footing of perfect equality; merchants and others not holding official situations, and therefore not included in the above, on both sides for use the term "representation in all papers addressed to, or intended for, the notice of the respective govern- ments.
Art. XII.-On the assent of the Emperor of China to this treaty being received, and the discharge of the first instalment of money, Her Britannic Majesty's forces will retire from Nanking and the Grand Canal, and will no longer molest or stop the trade of China. The military post at Chinhae will also be withdrawn ; but the island of Koolangsoo, and that of Chusan, will continue to be held by Her Majesty's forces until the money payments, and the arrangements for opening the porta to British merchants, be completed.
Digitized by
Gböğle
1
TIENTSIN TREATY, 1858
Art. XIII.-The ratifications of this treaty by Her Majesty the Queen of Great Britain, &c., and His Majesty the Emperor of China, shall be exchanged as soon as the great distance which separates England from China will admit; but, in the meantime, counterpart copies of it, signed and sealed by the plenipotentiaries on behalf of their respective sovereigns, shall be mutually delivered, and all its provisions and arrangements shall take effect.
Done at Nanking, and signed and sealed by the plenipotentiaries on board Her Britannic Majesty's ship Cornwallis, this 29th day of August, 1842; corresponding with the Chinese date, twenty-fourth day of the seventh month, in the twenty-second year of Taou Kwang.
HENRY POTTINGER,
Her Majesty's Plenipotentiary.
And signed by the seals of four Chinese Commissioners.
TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION
BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA
Signed, in the English and Chinese Languages, at Tientsin, 26th June, 1858
Ratifications Exchanged at Peking, 24th October, 1860
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of China, being desirous to put an end to the existing misunderstanding between the two countries and to place their relations on a more satisfactory footing in future, have resolved to proceed to a revision and improvement of the Treaties existing between them; and, for that purpose, have named as their Plenipotentiaries, that is to say:
Her Majesty the Queen of Great Britain and Ireland, the Right Honourable the Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the Most Ancient and Most Noble Order of the Thistle;
And His Majesty the Emperor of China, the High Commissioner Kweiliang, a Senior Chief Secretary of State, styled of the East Cabinet, Captain-General of the Plain White Banner of the Manchu Banner Force, Superintendent-General of the Administration of Criminal Law; and Hwashana, one of His Imperial Majesty's Expositors of the Classics, Manchu President of the office for the regulation of the Civil Establishment, Captain-General of the Bordered Blue Banner of the Chinese Banner Force, and Visitor of the Office of Interpretation:
Who, after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles :-
Art. I-The treaty of Peace and Amity between the two nations signed at Nanking on the twenty-ninth day of August, in the year eighteen hundred and forty- two, is hereby renewed and confirmed.
The Supplementary Treaty and General Regulations of Trade having been amended and improved, and the substance of their provisions having been incorpor- ated in this Treaty, the said Supplementary Treaty and General Regulations of Trade are hereby abrogated.
Art. II. For the better preservation of harmony in future, Her Majesty the Queen of Great Britain and His Majesty the Emperor of China mutually agree that, in accordance with the universal practice of great and friendly nations, Her Majesty the Queen may, if she see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents to the Court of Peking; and His Majesty the Emperor of China may, in like manner, if he see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents to the Court of St. James.
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Art. III.-His Majesty the Emperor of China hereby agrees that the Ambassador, Minister, or other Diplomatic Agent, so appointed by Her Majesty the Queen of Great Britain, may reside, with his family and establishment, permanently at the capital, or may visit it occasionally at the option of the British Government. He shall not be called upon to perform any ceremony derogatory to him as representing the Sovereign of an independent nation on a footing of equality with that of China. On the other hand, he shall use the same forms of ceremony and respect to His Majesty the Emperor as are employed by the Amhassadors, Ministers, or Diplomatic Agents of Her Majesty towards the Sovereigns of independent and equal European
nations.
It is further agreed, that Her Majesty's Government may acquire at Peking & site for building, or may hire houses for the accommodation of Her Majesty's Mission, and the Chinese Government will assist it in so doing.
Her Majesty's Representative shall be at liberty to choose his own servants and attendants, who shall not be subject to any kind of molestation whatever.
Any person guilty of disrespect or violence to Her Majesty's Representative, or to any member of his family or establishment, in deed or word, shall be seveiely punished. Art. IV.-It is further agreed that no obstacle or difficulty shall be made to the free movements of Her Majesty's Representative, and that he and the persons of his suite may come and go, and travel at their pleasure. He shall, moreover, have full liberty to send and receive his correspondence to and from any point on the sea-coast that he may select, and his letters and effects shall be helu sacred and inviolable. He may employ, for their transmission, special couriers, who shall meet with the same protection and facilities for travelling as the persons employed in carrying despatches for the Imperial Government; and, generally, he shall enjoy the same privileges as are accorded to officers of the same rank by the usage and consent of Western nation. All expenses attending the Diplomatic Mission of Great Britain shall be borns by the British Government.
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Art. V. His Majesty the Emperor of China agrees to nominate one of the Secretaries of State, or a President of one of the Boards, as the high officer with whom the Ambassador, Minister, or other Diplomatic Agent of Her Majesty the Queen shall transact business, either personally or in writing, on a footing of perfect equality.
Art. VI.-Her Majesty the Queen of Great Britain agrees that the privileges hereby secured shall be enjoyed in her dominions by the Ambassador, Minister, or Diplomatic Agent of the Emperor of China, accredited to the Court of Her Majesty.
Art. VII.-Her Majesty the Queen may appoint one or more Consuls in the dominions of the Emperor of China; and such Consul or Consuls shall be at liberty to reside in any of the open ports or cities of China as Her Majesty the Queen may consider most expedient for the interests of British commerce. They shall be treated with due respect by the Chinese authorities, and enjoy the same privileges and immunities as the Consular Officers of the most favoured nation.
Consuls and Vice-Consuls in charge shall rank with intendants of Circuit; Vice- Consuls, Acting Vice-Consuls, and Interpreters, with Prefects. They shall have access to the official residences of these officers, and communicate with them, either personally or in writing, on a footing of equality, as the interests of the public service may require.
Art. VIII.-The Christian religion, as professed by Protestants or Roman Catholics, inculcates the practice of virtue, and teaches man to do as he would be done by. Persons teaching it or professing it, therefore, shall alike be entitled to the protection of the Chinese authorities, nor shall any such, peaceably pursuing their calling and not offending against the laws, be persecuted or interfered with.
Art IX.-British subjects are hereby authorised to travel, for their pleasure or for purposes of trade, to all parts of the interior under passports which will be issued by their Consuls, and countersigned by the local authorities. These passports, if demanded, must be produced for examination in the localities passei through. If the passport be not irregular, the bearer will be allowed to proceed, and no opposition shall be offered to his hiring persons, or hiring vessels for the carriage of his baggage or merchandise. If he be without a passport, or if he commit any offence against the
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law, he shall be handed over to the nearest Consul for punishment, but he must not be subject to any ill-usage in excess of necessary restraint. No passport need be applied for by persons going on excursions from the ports open to trade to a distance not exceeding 100 li, and for a period not exceeding five days.
The provisions of this Article do not apply to crews of ships, for the due restraint of whom regulations will be drawn up by the Consul and the local authorities.
To Nanking, and other cities, disturbed by persons in arms against the Govern- ment, no pass shall be given, until they shall have been recaptured.
Art. X.-British merchant ships shall have authority to trade upon the Great River (Yangtsze). The Upper and Lower Valley of the river being, however, disturbed by outlaws, no port shall be for the present opened to trade, with the exception of Chinkiang, which shall be opened in a year from the date of the signiug of this Treaty.
So soon as peace shall have been restored, British vessels shall also be admitted to trade at such ports as far as Hankow, not exceeding three in number, as the British Minister, after consultation with the Chinese Secretary of State, may determine shall be ports of entry and discharge.
Art. XI.-In addition to the cities and towns of Canton, Amoy, Foochow, Ningpo and Shanghai, opened by the Treaty of Nanking, it is agreed that British subjects may frequent the cities and ports of Newchwang, Tangchow (Chefoo), Taiwan (Formosa), Chao-chow (Swatow), and Kiung-chow (Hainan).
They are permitted to carry on trade with whomsoever they please, and to proceed to and fro at pleasure with their vessels and merchandise.
They shall enjoy the same privileges, advantages, and immunities at the said towns and ports as they enjoy at the ports already opened to trade, including the right of residence, buying or renting houses, of leasing land therein, and of building churches, hospitals, and cemeteries.
Art. XII.-British subjects, whether at the ports or at other places, desiring to build or open houses, warehouses, churches, hospitals, or burial grounds, shall make their agreement for the land or buildings they require, at the rates prevailing among the people, equitably and without exaction on either side.
Art. XIII.-The Chinese Government will place no restrictions whatever upon the employment, by British subjects, of Chinese subjects, in any lawful capacity.
Art. XIV.-British subjects may hire whatever boats they please for the transport of goods or passengers, and the sum to be paid for such boats shall be settled between the parties themselves, with ut the interference of the Chinese Government. The number of these boats shall not be limited, nor shall a monopoly in respect either of the boats or of the porters or coolies engaged in carrying the goods be granted to any parties. If any smuggling takes place in them the offenders will, of course, be punished according to law.
Art. XV.-All questions in regard to rights whether of property or person, arising between British subjects, shall be subject to the jurisdiction of the British authorities. Art. XVI.-Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by the Chinese authorities according to the laws of China.
British subjects who may commit any crime in China shall be tried and punished by the Consul, or other public functionary authorised thereto, according to the laws of Great Britain.
Justice shall be equitably and impartially administered on both sides.
Art. XVII-A British subject, having reason to complain of Chinese, must proceed to the Consulate, and state his grievance. The Consul will inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British subject, the Consul shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the Chinese authorities, that they may together examine into the merits of the case, and decide it equitably.
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Art. XVIII.-The Chinese authorities shall at all times afford the fullest protection to the persons and property of British subjects, whenever these shall have been subjected to insult or violence. In all cases of incendiarism or robbery, the local authorities shall at once take the necessary steps for the recovery of the stolen property, the suppression of disorder, and the arrest of the guilty parties, whom they will punish according to law.
Art. XIX.-If any British merchant-vessel, while within Chinese waters, be plundered by robbers or pirates, it shall be the duty of the Chinese authorities to use every endeavour to capture and punish the said robbers or pirates and to recover the stolen property, that it may be handed over to the Consul for restoration to the
owner.
Art. XX.-If any British vessel be at any time wrecked or stranded on the coast of China, or be compelled to take refuge in any port within the dominions of the Emperor of China, the Chinese authorities, on being apprised of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment and shall be furnished, if necessary, with the means of conveyance to the nearest Consular station.
Art. XXI.-If criminals, subjects of China, shall take refuge in Hongkong or on board the British ships there, they shall, upon due requisition by the Chinese authorities, be searched for, and, on proof of their guilt, be delivered up.
In like manner, if Chinese offenders take refuge in the houses or on board the vessels of British subjects at the open ports, they shall not be harboured or concealed, but shall be delivered up, on due requisition by the Chinese authorities, addressed to the British Consul.
Art. XXII.-Should any Chinese subject fail to discharge debts incurred to a British subject, or should he fraudulently abscond, the Chinese authorities will do their utmost to effect his arrest and enforce recovery of the debts. The British authorities will likewise do their utmost to bring to justice any British subject fraudulently absconding or failing to discharge debts incurred by him to a Chinese subject.
Art. XXIII.-Should natives of China who may repair to Hongkong to trade incur debts there, the recovery of such debts must be arranged for by the English Court of Justice on the spot; but should the Chinese debtor abscond, and be known to have property real or personal within the Chinese territory, it shall be the duty of the Chinese authorities, on application by, and in concert with, the British Consul, to do their utmost to see justice done between the parties.
Art. XXIV. It is agreed that British subjects shall pay, on all merchandise imported or exported by them, the duties prescribed by the tariff; but in no case shall they be called upon to pay other or higher duties than are required of the subjects of any other foreign nation.
Art. XXV.-Import duties shall be considered payable on the landing of the goods, and duties of export on the shipment of the same.
Art. XXVI. Whereas the tariff fixed by Article X. of the Treaty of Nanking, and which was estimated so as to impose on imports and exports a duty of about the rate of five per cent. ad valorem, has been found, by reason of the fall in value of various articles of merchandise therein enumerated, to impose a duty upon these considerably in excess of the rate originally assumed, as above, to be a fair rate, it is agreed that the said tariff shall be revised, and that as soon as the Treaty shall have been signed, application shall be made to the Emperor of China to depute a high officer of the Board of Revenue to meet, at Shanghai, officers to be deputed on behalf of the British Government, to consider its revision together, so that the tariff, as revised, may come into operation immediately after the ratification of this Treaty.
Art. XXVII.-It is agreed that either of the high contracting parties to this Treaty may demand a further revision of the tariff, and of the Commercial Articles of this Treaty, at the end of ten years; but if no demand be made on either side within six months after the end of the first ten years, then the tariff shall remain in force for ten years more, reckoned from the end of the preceding ten years, and so it shall be at the end of each successive ten years.
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Art. XXVIII.-Whereas it was agreed in Article X. of the Treaty of Nanking that British imports, having paid the tariff duties, should be conveyed into the interior, free of all further charges, except a transit duty, the amount whereof was not to exceed a certain percentage on tariff value; and whereas, no accurate information having been furnished of the amount of such duty, British merchants have constantly complained that charges are suddenly and arbitrarily imposed by the provincial authorities as transit duties upon produce on its way to the foreign market, and on imports on their way into the interior, to the detriment of trade; it is agreed that within four months from the signing of this Treaty, at all ports now open to British trade, and within a similar period at all ports that may hereafter be opened, the authority appointed to superintend the collection of duties shall be obliged, upon application of the Consul, to declare the amount of duties leviable on produce between the place of production and the port of shipment, upon imports between the Consular port in question and the inland markets named by the Consul; and that a notification thereof shall be published in English and Chinese for general information,
But it shall be at the option of any British subject desiring to convey produce purchased inland to a port, or to convey imports from a port to an inland market, to clear his goods of all transit duties, by payment of a single charge. The amount of this charge shall be leviable on exports at the first barrier they may have to pass, or, on imports, at the port at which they are landed; and on payment thereof a certificate shall be issued, which shall exempt the goods from all further inland charges whatsoever.
It is further agreed that the amount of the charge shall be calculated, as nearly as possible, at the rate of two and a half per cent. ad valorem, and that it shall be fixed for each article at the conference to be held at Shanghai for the revision of the tariff.
It is distinctly understood that the payment of transit dues, by commutation or otherwise, shall in no way affect the tariff duties on imports or exports, which will continue to be levied separately and in full.
Art. XXIX.-British merchant vessels, of more than one hundred and fifty tons burden, shall be charged tonnage-dues at the rate of four mace per ton; if of one hundred and fifty tons and under, they shall be charged at the rate of one mace per ton.
Any vessel clearing from any of the open ports of China for any other of the open ports, or for Hongkong, shall be entitled, on application of the master, to a special certificate from the Customs, on exhibition of which she shall be exempted from all further payment of tonnage dues in any open ports of China, for a period of four months, to be reckoned from the port-clearance.
Art. XXX. The master of any British merchant-vessel may within forty-eight hours after the arrival of his vessel, but not later, decide to depart without breaking bulk, in which case be will not be subject to pay tonnage-dues. But tonnage-dues shall be held due after the expiration of the said forty-eight hours. No other fees or charges upon entry or departure shall be levied.
Art. XXXI.-No tonnage-dues shall be payable on boats employed by British subjects in the conveyance of passengers, baggage, letters, articles of provision, or other articles not subject to duty, between any of the open ports. All cargo-boats, however, conveying merchandise subject to duty shall pay tonnage-dues once in six months, at the rate of four mace per register ton.
Art. XXXIL-The Consuls and Superintendents of Customs shall consult together regarding the erection of beacons or lighthouses and the distribution of buoys and lightships, as occasion may demand.
Art. XXXIII.-Duties shall be paid to the bankers authorised by the Chinese Government to receive the same in its behalf, either in sycee or in foreign money, according to the assay made at Canton on the thirteenth of July, one thousand eight hundred and forty-three.
Art. XXXIV. Sets of standard weights and measures, prepared according to the standard issued to the Canton Custom-house by the Board of Revenue, shall be delivered by the Superintendent of Customs to the Consul at each port to secure uniformity and prevent confusion.
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Art. XXXV.-Any British merchant vessel arriving at one of the open ports shall be at liberty to engage the services of a pilot to take her into port. In like manner, after she has discharged all legal dues and duties and is ready to take her departure, she shall be allowed to select a pilot to conduct her out of port.
Art. XXXVI.-Whenever a British merchant vessel shall arrive off one of the open ports, the Superintendent of Customs shall depute one or more Customs officers to guard the ship. They shall either live in a boat of their owu, or stay on board the ship, as may best suit their convenience. Their food and expenses shall be supplied them from the Custom-house, and they shall not be entitled to any fees whatever from the master or consignee. Should they violate this regulation, they shall be punished proportionately to the amount exacted.
Art. XXXVII.-Within twenty-four hours after arrival, the ship's papers, bills of lading, &c., shall be lodged in the hands of the Consul, who will within a further period of twenty-four hours report to the Superintendent of Customs the name of the ship, her register tonnage, and the nature of her cargo. If, owing to neglect on the part of the master, the above rule is not complied with within forty-eight hours after the ship's arrival, he shall be liable to a fine of fifty taels for every day's delay; the total amount of penalty, however, shall not exceed two hundred taels.
The master will be responsible for the correctness of the manifest, which shall contain a full and true a count of the particulars of the cargo on board. For presenting a false manifest, he will subject himself to a fine of five hundred taels; but he will be allowed to correct, within twenty-four hours after delivery of it to the Customs officers, any mistake he may discover in his manifest without incurring this penalty.
Art. XXXVIII.-After receiving from the Consul the report in due form, the Superintendent of Customs shall grant the vessel a permit to open hatches. If the master shall open hatches, and begin to discharge any goods without such permission, he shall be fined five hundred taels, and the goods discharged shall be confiscated wholly.
Art. XXXIX.-Any British merchant who has cargo to land or ship must apply to the Superintendent of Customs for a special permit. Cargo landed or shipped without such permit will be liable to confiscation.
Art. XL-No transhipment from one vessel to another can be made without special premission, under pain of confiscation of the goods so transhipped.
Art. XLI.-When all dues and duties shall have been paid, the Superintendent of Customs shall give a port-clearance, and the Consul shall then return the ships' papers, so that she may depart on her voyage.
Art. XLII. With respect to articles subject, according to the tariff, to an ad valorem duty, if the British merchant cannot agree with the Chinese officer in affixing a value, then each party shall call two or three merchants to look at the goods, and the highest price at which any of these merchants would be willing to purchase them shall be assumed as the value of the goods.
Art. XLIII.-Duties shall be charged upon the net weight of each article, making a deduction for the tare, weight of congee, &c. To fix the tare of any articles, such as tea, if the British merchant cannot agree with the Custom-house officer, then each party shall choose so many chests out of every hundred, which being first weighed in gross, shall afterwards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole; and upon this principle shall the tare be fixed upon other goods and packages. If there should be any other points in dispute which cannot be settled, the British merchant may appeal to his Consul, who will communicate the particulars of the case to the Superintendent of Customs, that it may be equitably arranged. But the appeal must be made within twenty-four hours or it will not be attended to. While such points are still unsettled, the Superintendent of Customs shall postpone the insertion of the same in his books.
Art. XLIV. Upon all damaged goods a fair reduction of duty shall be allowed, proportionate to their deterioration. If any disputes arise, they shall be settled in the manner pointed out in the clause of this Treaty having reference to articles which pay duty ad valorem.
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Art. XLV.-British merchants who may have imported merchandise into any of the open ports, and paid the duty thereon, if they desire to re-export the same, shall be entitled to make application to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made by suitable officers, to see that the duties paid on such goods, as entered in the Custom-house books, correspond with the representation made, and that the goods remain with their original marks unchanged. He shall then make a memorandum of the port-clearance of the goods, and of the amount of duties paid, and deliver the same to the merchant, and shall also certify the facts to the officers of Customs of the other ports. All which being done, on the arrival in port of the vessel in which the goods are laden, every- thing being found on examination there to correspond, she shall be permitted to break bulk, and land the said goods, without being subject to the payment of any additional duty thereon. But if, on such examination, the Superintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to con- fiscation by the Chinese Government.
British merchants desiring to re-export duty-paid imports to a foreign country shall be entitled, on complying with the same conditions as in the case of re-exporta- tion to another port in China, to a drawback certificate, which shall be a valid tender to the Customs in payment of import or export duties.
Foreign grain brought into any port of China in a British ship, if no part thereof has been landed, may be re-exported without hindrance.
Art. XLVI.-The Chinese authorities at each port shall adopt the means they may judge most proper to prevent the revenue suffering from fraud or smuggling.
Art. XLVII.-British merchant-vessels are not entitled to resort to other than the ports of trade declared open by this Treaty; they are not unlawfully to enter other ports in China, or to carry on clandestine trade along the coast thereof. Any vessel violating this provision shall, with her cargo, be subject to confiscation by the Chinese Government.
Art. XLVIII.-If any British merchant-vessel be concerned in smuggling, the goods, whatever their value or nature, shall be subject to confiscation by the Chinese authorities, and the ship may be prohibited from trading further, and sent away as soon as her account shall have been adjusted and paid.
Art. XLIX. All penalties enforced, or confiscations made, under this Treaty shall belong and be appropriated to the public service of the Government of China.
Art. L.-All official communications, addressed by the Diplomatic and Consular Agent of Her Majesty the Queen to the Chinese Authorities, shall, henceforth, be writ- ten in English. They will for the present be accompanied by a Chinese version, but it is understood that, in the event of there being any difference of meaning between the English and Chinese text, the English Government will hold the sense as expressed in the English text to be the correct sense. This provision is to apply to the Treaty now negotiated, the Chinese text of which has been carefully corrected by the English original.
Art. LI.-It is agreed that henceforward the character "I" (barbarian) shall not be applied to the Government or subjects of Her Britannic Majesty in any Chinese official document issued by the Chinese authorities, either in the capital or in the provinces.
Art. LII.-British ships of war coming for no hostile purpose, or being engaged in the pursuit of pirates, shall be at liberty to visit all ports within the dominions of the Emperor of China, and shall receive every facility for the purchase of provisions, procuring water, and, if occasion require, for the making of repairs. The commanders of such ships shall hold intercourse with the Chinese authorities on terms of equality and courtesy.
Art. LIII.-In consideration of the injury sustained by native and foreign commerce from the prevalence of piracy in the seas of China, the high contracting parties agree to concert measures for its suppression.
Art. LIV.-The British Government and its subjects are hereby confirmed in all privileges, immunities, and advantages conferred on them by previous Treaties: and it is hereby expressly stipulated that the British Government and its subjects will be allowed free and equal participation in all privileges, immunities and advantages that
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may have been, or may be hereafter, granted by His Majesty the Emperor of China to the Government or subjects of any other nation.
Art. LV.-In evidence of her desire for the continuance of a friendly under- standing, Her Majesty the Queen of Great Britain consents to include in a Separate Article, which shall be in every respect of equal validity with the Articles of this Treaty, the condition affecting indemnity for expenses incurred and losses sustained in the matter of the Canton question.
Art. LVI.-The ratifications of this Treaty, under the hand of Her Majesty the Queen of Great Britain and Ireland, and of His Majesty the Emperor of China, respec- tively, shall be exchanged at Peking, within a year from this day of signature.
In token whereof the respective Plenipotentiaries have signed and sealed this Treaty. Done at Tientsin, this twenty-sixth day of June in the year of our Lord one thousand eight hundred and fifty-eight; corresponding with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung.
(L.S.)
ELGIN AND KINCARDINE.
SIGNATURE OF 1ST CHINESE PLENIPOTENTIARY.
SIGNATURE OF 2ND CHINESE PLENIPOTENTIARY
Separate Article annexed to the Treaty concluded between Great Britain and China on the twenty-sixth day of June, in the year One Thousand Eight Hundred and Fifty-eight
of
It is hereby agreed that a sum of two millions of taels, on account of the losses sus- tained by British subjects through the misconduct of the Chinese authorities at Canton, and a further sum of two millions of taels on account of the Military expenses of the ex- pedition which Her Majesty the Queen has been compelled to send out for the purpose obtaining redress, and of enforcing the observance of Treaty provisions, shall be paid to Her Majesty's Representatives in China by the authorities of the Kwangtung province. The necessary arrangements with respect to the time and mode of effecting these payments shall be determined by Her Majesty's Representative, in concert with the Chinese authorities of Kwangtung.
When the above amounts shall have been discharged in full, the British forces will be withdrawn from the city of Canton. Done at Tientsin this twenty-sixth day of June in the year of our Lord one thousand eight hundred and fifty-eight, corresponding with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung. (L.8.) ELGIN AND Kincardine.
SIGNATURE OF 1st CHINESE PLENIPOTENTIARY. SIGNATURE of 2nd CHINESE PLENIPOTENTIARY,
CONVENTION OF PEACE BETWEEN HER BRITANNIC MAJESTY AND
THE EMPEROR OF CHINA
SIGNED AT PEKING 24TH OCTOBER, 1860
Her Majesty the Queen of Great Britain and Ireland and His Imperial Majesty the Emperor of China, being alike desirous to bring to an end the misunderstanding at present existing between their respective Governments, and to secure their relations against further interruption, have for this purpose appointed Plenipotentiaries, that is to say:
Her Majesty the Queen of Great Britain and Ireland, the Earl of Elgin and Kincardine; and His Imperial Majesty the Emperor of China, His Imperial Highness the Prince of Kung; who having met and communicated to each other their full powers, and finding these to be in proper form, have agreed upon the following Convention, in Nine Articles:-
Art. I.-A breach of friendly relations having been occasioned by the act of the Garrison of Taku, which obstructed Her Britannic Majesty's Representative when on his way to Peking, for the purpose of exchanging the ratifications of the Treaty of Peace concluded at Tientsin in the month of June, one thousand eight hundred and fifty-eight, His Imperial Majesty the Emperor of China expresses his deep regret at the misunderstanding so occasioned.
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Art. II. It is further expressly declared, that the arrangement entered into at Shanghai, in the month of October, one thousand eight hundred and fifty-eight, between Her Britannic Majesty's Ambassador, the Earl of Elgin and Kincardine, and His Imperial Majesty's Commissioners Kweiliang and Hwashana, regarding the residence of Her Britannic Majesty's Representative in China, is hereby cancelled, and that, in accordance with Article III. of the Treaty of one thousand eight hundred and fifty-eight, Her Britannic Majesty's Representative will henceforward reside, permanently or occasionally, at Peking, as Her Britannic Majesty shall be pleased to decide.
Art. III.-It is agreed that the separate Article of the Treaty of one thousand eight hundred and fifty-eight is hereby annulled, and that in lieu of the amount of indemnity therein specified, His Imperial Majesty the Emperor of China shall pay the sum of eight millions of taels, in the following proportious or instalments, namely -at Tientsin, on or before the 30th day of November, the sum of five hundred thousand taels; at Canton, on or before the first day of December, one thousand eight hundred and sixty, three hundred and thirty-three thousand and thirty-three taels, less the sum which shall have been advanced by the Canton authorities toward the completion of the British Factory site of Shameen; and the remainder at the ports open to foreign trade, in quarterly payments, which shall consist of one-fifth of the gross revenue from Customs there collected; the first of the said payments being due on the thirty-first day of December, one thousand eight hundred and sixty for the quarter terminating on that day.
It is further agreed that these moneys shall be paid into the hands of an officer whom Her Britannic Majesty's Representative shall specially appoint to receive them, and that the accuracy of the amount shall, before payment, be duly ascertained by British and Chinese officers appointed to discharge this duty.
In order to prevent future discussion it is moreover declared that of the eight millions of taels herein guaranteed, two millions will be appropriated to the indemnification of the British Merchantile Community at Canton for losses sustained by them; and the remaining six millions to the liquidation of war expenses.
Art. IV.-It is agreed that on the day on which this Convention is signed, His Imperial Majesty the Emperor of China shall open the port of Tientsin to trade, and that it shall be thereafter competent to British subjects to reside and trade there, under the same conditions as at any other port of China by treaty open to trade.
Art. V.-As soon as the ratifications of the Treaty of one thousand eight hundred and fifty-eight shall have been exchanged, His Imperial Majesty the Emperor of China will, by decree, command the high authorities of every province to proclaim throughout their jurisdictions that Chinese, in choosing to take service in British Colonies or other parts beyond sea, are at perfect liberty to enter into engagements with British subjects for that purpose, and to ship themselves and their families on board any British vessels at the open ports of China; also, that the high authorities aforesaid shall, in concert with Her Britannic Majesty's Representative in China, frame such regulations for the protection of Chinese emigrating as above as the circumstances of the different open ports may demand.
Art. VI.-With a view to the maintenance of law and order in and about the harbour of Hongkong, His Imperial Majesty the Emperor of China agrees to cede to Her Majesty the Queen of Great Britain and Ireland, Her heirs and successors, to have and to hold as a dependency of Her Britannic Majesty's Colony of Hongkong, that portion of the township of Kowloon, in the province of Kwangtung, of which a lease was granted in perpetuity to Harry Smith Parkes, Esquire, Companion of the Bath, a Member of the Allied Commission at Canton, on behalf of Her Britannic Majesty's Government by Lau Tsung-kwang, Governor-General of the Two Kwang.
It is further declared that the lease in question is hereby cancelled, that the claims of any Chinese to property on the said portion of Kowloon shall be duly investigated by a mixed Commission of British and Chinese officers, and that compensation shall be awarded by the British Government to any Chinese whose
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TARIFF AGREEMENT
claim shall be by that said Commission established, should his removal be deemed necessary by the British Government.
Art. VII.-It is agreed that the provisions of the Treaty of one thousand eight hundred and fifty-eight, except in so far as they are modified by the present Convention, shall without delay come into operation as soon as the ratifications of the Treaty aforesaid shall have been exchanged. It is further agreed, that no separate ratification of the present Convention shall be necessary, but that it shall take effect from the date of its signature, and be equally binding with the Treaty above men- tioned on the high contracting parties.
Art. VIII. It is agreed that, as soon as the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, His Imperial Majesty the Emperor of China shall, by decree, command the high autho- rities in the capital, and in the provinces, to print and publish the aforesaid Treaty and the present Convention for general information.
Art. IX.-It is agreed that, as soon as the Convention shall have been signed, the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, and an Imperial Decree respecting the publication of the said Convention and Treaty shall have been promulgated, as provided for by Article VIII. of the Convention, Chusan shall be evacuated by Her Britannic Majesty's troops there stationed, and Her Britannic Majesty's force now before Peking shall commence its march towards the city of Tieutsiu, the forts of Taku, the north coast of Shantung, and the city of Canton, at each or all of which places it shall be at the option of Her Majesty the Queen of Great Britain and Ireland to retain a force until the indemnity of eight millions of taels, guaranteed in Article III., shall have been paid.
Done at Peking, in the Court of the Board of Ceremonies, on the twenty-fourth day of October, in the year of our Lord one thousand eight hundred and sixty.
ELGIN AND Kincardine.
(L.8.)
SEAL OF CHINESE PLENIPOTENTIARY.
Signature oF CHINESE PLENIPOTENTIARY.
AGREEMENT IN PURSUANCE OF ARTICLES XXVI. AND XXVIII. OF THE TREATY OF TIENTSIN
SIGNED AT SHANGHAI, 8TH NOVEMBER, 1858
Whereas it was provided, by the Treaty of Tientsin, that a conference should be held at Shanghai between Officers deputed by the British Government on the one part, and by the Chinese Government on the other part, for the purpose of determining the amount of tariff duties and transit dues to be henceforth levied, a conference has been held accordingly; and its proceedings having been submitted to the Right Honourable the Earl of Elgin and Kincardine, High Commissioner and Plenipotentiary of Her Majesty the Queen on the one part; and to Kweiliang, Hwashana, Ho Kwei-tsing, Ming-shen, and Twan Ching-shih, High Commissioners and Plenipotentiaries of His Imperial Majesty the Emperor, on the other part, these High Officers have agreed and determined upon the revised Tariff hereto appended, the rate of transit dues therewith declared, together with other Rules and Regulations for the better explana- tion of the Treaty aforesaid; and do hereby agree that the said Tariff and Rules- the latter being in ten Articles, thereto appended-shall be equally binding on the Governments and subjects to both countries with the Treaty itself.
In witness whereof they hereto affix their Seals and Signatures.
Done at Shanghai, in the province of Kiangsu, this eighth day of November in the year of our Lord eighteen hundred and fifty-eight, being the third day of the tenth moon of the eighth year of the reign of Hien Fung.
(L.S.)
SEAL OF CHINESE PLENIPOTENTIARIES.
Bytes by
ELGIN AND KINCARDINE.
Signatures OF THE FIVE CHINESE PLENIPOTENTIARIES.
CUSTOMS TARIFF
1. In the present reprint of the Chinese Tariff for the trade under the cognizance of the Foreign Customs Inspectorate, the Import and Export divisions of the original Tariff of 1858 and the Lists of Duty-free, of Exceptional, and of Contraband Goods, based on Rules 2, 3, and 5 of the "Rules appended to the Tariff," bave been amalgamated and arranged alphabetically.
2. The decisions of the Chinese Government affecting the original Tariff which have come
into operation since it was first published have been entered in their proper order.
3.-The following typographical arrangement has been adopted in this reprint:-
1o. Dutiable articles taken over from the original Tariff are printed in ordinary type. 2o. Duty-free articles are printed in italics.
3o. Exceptional and contraband articles specified in the "Rules appended to the Tariff"
are printed in black type.
4o. Entries based on decisions given since the publication of the original Tariff are
printed in SMALL CAPITALS.
4.-Of the decisions given since the issue of the original Tariff, the present list comprises only those which affect Customs practice at all the Treaty Ports; local rulings not having been included.
N.B.-Customs Permits are necessary for the shipment and discharge of whatever is not allowed to accompany passengers as Personal Baggage, e.g., Duty-free Goods, Treasure, Parcels, etc., and all such articles must be entered on the manifest of the vessel concerned.
NAME OF ARTICLE.
Agar-agar..
Agaric. See Fungus. Almonds. See Apricot
Seeds. Alum..................
Alum, Green, or Copperas
Aniseed Oil....
Aniseed, Broken..
Aniseed, Star
TARIFF UNIT AND DUTY.
NAME OF ARTICLE.
Per T. m. c. c. 100 catties 0 1 5 0
Artificial Flowers Asafoetida Bambooware
0045
Bangles or Armlets, Glass Bar Iron. See Metals. Beams. See Timber. Beancake
"
0100
J
0 250
21
5 0 0 0
0500
Bean Oil, See Oil.
95
Beans and Peas
INCLUDING Guano,*
TARIFF UNIT AND DUTY.
T. m. c. c. 100 catties 1 5 0 0
Per
G 6 5 0
0 7 5 0
JJ
0500
""
0 0 8 5
22
0060
"
Antimacassars. See Ar-
ticles de Tapisserie.
Antiques. See Curiosi-
ties.
Apricot Seeds, or Almonds
Armlets, Glass.
gles.
"
0 450
See Ban-
Arrow-root. See Sago.
Arsenic.....
Articles de Ménage
Including Drawing-room, Din- ing-room, Bedroom, Bath- room, Kitchen, Pantry, and Counting House Furniture; Furniture for
Billiard
Boom, Bowling Alley, and Racket Court; Safes, Stoves,| Grates, Cooking Ranges, Fire-irons, Fenders, Coal scuttles, etc.; Cornices and Curtains, etc.; Gas Fittings, Bells, etc; Books, Music, Musical Instrument", Scien- tific Instruments and Ap-| paratus, etc.; Baddlery, Harness, and Carriages; Foreign Carpeting and Draggeting, etc. Exclu- ding Clocks, Musical Boxes, Pictures, Paintings, Look- ing-glasses. Mirrors, Curio- sities, Lampwicks, Mata, Quilts, Blankets, Rugs of Hair or Skin, Chinese Car- pets and Druggets, Leather Trunks, Native Chinaware, Pottery, and Earthenware.]| Articles de Tapisserie
Including Berlin Wool Work,
Antimacassars, etc,
0 45 0
Free.
**
Beaver Skins. See Skins,
Beaver.
Bed Quilts, Cotton. See
Palampore.
Beef and Pork. See Meats. Beer. See Wines
Beeswax, Yellow
Bells. See Articles de Mé-
nage.
Berlin Wool Work. See
Articles de Tapisserie.
Betel-nuts
Betel-nut Husk
Bezoar, Cow. See Cow
Bezoar.
Bicho de Mar, Black......
Bicho de Mar, White Birds' Nests, 1st Quality. Birds' Nests, 2nd Quality Birds Nests, 3rd Quality,
or Uncleaned Biscuit, all kinds, Plain
and Fancy.....
Bitters. See Wines. Blankets.
See Woollen Manufactures.
Blotting Paper. See Sta-
tionery.
Bombazettes. See Wool-
len Manufactures.
Bonbons. See Confection-
ery.
Free.
100 catties 1 0 0 0
"}
0150 0 0 75
JJ
1 5 0 0
"
0 350
"
Catty
0 550
0450
0150
"
Free.
Boneware and Hornware. 100 catties 1 500
* Guano is allowed to pay 5 per cent, ad valorem at importer's option.
I 1
16
NAME OF ARTICLE.
CUSTOMS TARIFF
TARIFF UNIT and Duty,
NAME OF ARTICLE.
Per
\T. m. c. c.
Per
TARIFF UNIT and Duty.
T. m. c. c.
Books, CHINESE. See
Paper, 1st Quality.
Books, Foreign. See Ar-
ticles de Ménage.
Boots, Chinese. See Shoes
and Boots.
Boots Foreign. See Cloth-
ing, Foreign
Bracelets, Foreign.
Jewellery, Foreign.
See
Brass Buttons [EXPORT
TARIFF]
100 catties 3 0 0 0
Gross 100 catties
0 0 5 5
1 5 0 0 1000
1 1 5 0
Brass Buttons [IMPORT
TARIFF]
Brass-foil
Brassware
Brass Wire
Brick Tea. See Ten, Brick. Brimstone and Sulphur.
Cannot be imported or exported except un- der Special Authority.] Broadcloth. See Wool-
len Manufactures. Brocades. See Cotton
Piece Goods.
Brooches. See Jewellery,
Foreign.
Buffalo Hides. See Hides,
Buffalo.
Buffalo Horns. SeeHorns,
Buffalo.
Buffalo Sinews. See Si-
news.
BUILDING MATERIALS NOT
SPECIFIED IN TARIFF,
IMPORTED FOR OTHER
THAN
POSES..
OFFICIAL
0 200
Cannon
Cannot be imported or exported except un- der Special Authority. Cantharides...................... Canvas and Cotton Duck, not exceeding 50 yards long
Capoor Cutchery Caps, Felt. See Felt Caps. Caps, Silk. See Silk. Cardamoms, Superior Cardamoms, Inferior, or
Grains of Paradise Carpeting, Foreign
***
Including Oil Floor-cloth. [Excluding Chinese Car- pets.]
Carpeting, Foreign.
Articles de Ménage.
See
100 catties 2000
Piece
0400
100 catties' 03 00
"
100
0 5 0 0
Free.
Carpets and Druggets .... Hundred
Not including Foreign Car-
peting and Druggetẳng,
Carriages. See Articles de
Ménage.
Cash. See Copper Cash. Cassia Buds
Cassia Ligues.
Cassia Oil
Cassia Twigs
Cassimeres. See Woollen
Manufactures.
Castor Oil
Excluding Foreign Castor Oil,
if arriving in quantities of Less than 100 catties weight: Free.
Caviare. See Meats.
Ceruse. See Lead, White.
3 5 0 0
100 catties 0 8 0 0
0600
"
9000
0150
"
Charcoal
Free.
Charms,
PUB-5 per cent.
jad valorem!
Foreign.
See
Jewellery, Foreign.
Cheese
Chestnuts
Building Materials import-
ed for official residences or offices.
Bullion, Gold and Silver...
Bunting. See Woollen
Manufactures.
Butter
Including Condensed and De-
siccated Milk,
Buttons, Brass. See Brass
Buttons.
Cakes.
See Confectionery.
Camagon-wood.
Wood, Camagon.
See
Cambrics. See Cotton
Piece Goods.
CAMELS' HAIR. See HAIR,
Camels'.
CAMELS' WOOL. Seel
Wool, CAMELS',
Camlets.
Manufactures.
Camphor
See Woollen
Camphor, Baroos, Clean.
Camphor, Baroos, Refuse. Candles, Foreign
Canes
Digitized by
Free
""
"
100 catties 0 7 5 0 Catty 1 3 0 0 07 20
Free. Thousand 0 5 0 0
China-root
Chinaware, Coarse.........
INCLUDING SWATOW NATIVE CHINAWARE; NOT INCLUD- ING COARSE CHINAWARE OF THE VALUE OF TLS. 1 To TLS. 1.50 PER PICUL EX- PORTED FROM PAKHOI, WHICH PAYS as POTTERY, EARTHENWARE,
Chinaware, Fine........ Chinaware, Foreign. See
Glassware.
Chintzes. See
Cotton
Piece Goods.
Chocolate. See Confec
tionery.
Chutneys. See Vegetables. Cigar-cases. See Cigars. Cigar-holders. See Cigars. Cigars, Foreign
Including Cigar-cases, Cigar-
holders, and Pipes.
Cinnabar
Cinnamon
CITRONS, See Vegetables. Clocks
دو
0 200
100 catties 0 1 0 0 0130 0450
༣ བ
23
Free.
0900
100 catties'0 7 5 0 1 5 0 0
"
5 per cent. Vad valorem
NAME OF ARTICLE.
Clothing, Cotton Clothing, Foreign.
Including Ready-made_Cloth" ing of all kinds for Head, Person, or Foot, or First| Materials for Foreign Cloth- ing, male and female (iƒ im- ported in reasonable quanti- ties by Foreign Retail Deu- lers, Tailors, and Milliners, for Foreign_use); Foreign Boots and Shoer, Hosiery, Haberdashery, and Milli. atry. [Excluding Umbrel- las, Cotton Handkerchiefs, Silk Ribbons. Silk Thread, Silk Shawls, Silk Scarves, Silk| Tassels, Silk Caps, Chinese Felt Caps, Chinese Boots and Shoes.]
Clothing, Silk.
Clores
CUSTOMS TARIFF
TARIFF UNIt and Duty.
Per \T. m. c. c. [100 cattics) 1 500
Free.
[100 cattics 10 0 0 0
17
TARIFF UNIT AND DUTY.
T. m. c. c.
NAME OF ARTICLE.
Per
Copper, in Sheets.
Bee
Metals.
Bee
Copper, in Slabs.
Metals.
Copper Nails. See Metals. Copper Rods. See Metals. Copperware and Pewter-
ware
INCLUDING WHITE MLTAL
Pipes (INFERIOR).
Copper, Old, Sheathing.. Copper Ore
Copperas.
Corals, False
See Alum,
100 catties 1 1 5 0
0500
0500
Green.
Copying Presses. See Sta-
tionery.
Coral..
Catty
0100
*
Ton
10500 0 180 005
|100 catties
0 3 3 0
Cordage, Manila
0350
Cordials. Sec Wines.
7000
100 stones 0 3 0 0
Cloves, Mother
Coal, Foreign
COAL, NATIVE: FORMO-
SA, HUPEH, ANHWEI, KWANGSI, AND
PING...........
K'AI-
"
COAL, NATIVE, OTHER
SORTS
Coal shipped by Yachts for
their own use
Coal-scuttles. See Articles
de Ménage. Cochineal.....
Cocoa. See Confectionery. Cocoa-NUTS. See Vegetables Cocoons. See Silk. Cocoons, RefuSE
Free.
0 1 0 0
0300
100 catties 5 0 0 0
La per cent.
5 per cent.
COCOON SKINS (SHELLS)..
Coffee. See Confectionery. Coins, Foreign
Coir
COKI.
Comfita. See Preserves. Confectionery
Including Pastry, Cakes, Bon- boss, Coffee, Chocolate, Co- coa, Spices, Sauces, Season- ings, Flavouring Essences, Foreign Pepper, Mustard, Table Salt in small jars, Ketchup, Finegar, and Oil; Anchory, Tomato, and Wor. cestershire Sauces. [Ex- cluding Cinnamon, Cluves, Mace, Nutmegs, Honey, Liquorice, Sugar Candy, Chinese Preserves, Comfits, and Sweetmeats.] Cooking Ranges. See Ar-
ticles de Ménage. Copper. See Metals. Copper Cash
Can only be exported under Bond to a Chi-
nese Treaty Port.
Coffer Cash, Japanese,
MAY BE IMPORTED.
23
Free.
100 catties 0 1 0 0
Ton
Free.
1 5 C
Cornelian Beads Cornelians
Corn-flour. See Sago.
Cornices. See Articles de
Ménage.
Cotton Cloth, Native. See
Nankeen,
Cotton Duck. See Can-
vas.
Cotton Piece Goods :----
Grey, White, Plain and
Twilled:
exceeding 34 ins. wide and not exceeding 40 yds. long......... INCLUDING T-CLOTHS 36 INCHES WIDE AND 24 YARDS LONG,
exceeding 34 ins.
wide and exceed- ing 40 yds. long.. Drills and Jeans :
not exceeding 30 ins. wide and not ex- ceeding 40 yds.long| not exceeding 30 ins. wide and not ex- ceeding 30 yds. long T-Cloths:
not exceeding 34 ins. wide and not ex- ceeding 48 yds. long not exceeding 34 ins. wide and not ex- ceeding 24 yds. long Dyed, Figured
Figured and Plain, not exceeding 36 ins. wide and not
exceeding 40 yds. long
EXCLUDING Foreign Cor-
TONS DYED IN CHINA,} See Nankeen and Native Cotton Cloth.
Piece
Every 10 yards.
0 0 8 0
0 0 20
Piece
010
0075
"
0 0 8 0
"
0040
19
0 150
* On re-shipment, no matter whether for export or consumption on board the vessel in question, a Drawback
(or Exemption Certificate, if applied for) in granted.
2
18
CUSTOMS TARIFF
NAME OF ARTICLE.
TARIFE UNIT and Duty.
NAME OF ATTICLE.
TARIFY UNIT and Duty.
Per
【T. m. c. c.
Per
\T. m. c. G.
Cotton Piece Goods-cont.] Fancy White Brocades and White Spotted Shirtings, not ex- ceeding 36 ins. wide and not exceeding 40 yds. long............ Printed Chintzes and Furnitures, not ex- ceeding 31 ins. wide and not exceeding| 30 yds. long.................. Cambrics:
not exceeding 46 ins. wide and not ex- ceeding 24 yds. long| not exceeding 46 ins.
wide and not ex- ceeding 12 yds. long| Muslins :
not exceeding 46 ins. wide and not ex- ceeding 24 yds. long not exceeding 46 ins.
wide and not ex- ceeding 12 yds. long| Damaska,not exceeding 36 ins. wide and not exceeding 40 yds. long Dimities or Quiltings, not exceeding 40 ins. wide and not exceed-| ing 12 yds. long.....
Ginghams, not exceed- ing 28 ins. wide and not exceeding 30 yds.
Piece
0 1 0 0
5 per cent.
Curiosities, Antiques... } ad valorem
Excluding Curios, Presents,| etc., when forming part of a traveller's Personal Bag- guye and not being carried in suck quantity as to sug- gest u trading operation : Free
▸
Curtains. · See Articles de
CUTTLE-FISH. See Fish,
See Cotton
Ménage.
Cutch
0 0 7 0
Cutlery
100 catties 0 18 0
Free.
"
Salt.
Damasks.
Piece Goods.
0070
Dates, Black
Dates, Red
100 catties 0 1 50 0090
Deer Horns. See Horns,
0 0 3 5
..
"
0 0 75
0035
0 200
0 0 6 5
long
0035
Handkerchiefs, not ex-|
ceeding 1 yd. square. Dozen Fustians, not exceeding
0025
35 yds. long................................
Piece
200
0150
Velveteens, not exceed-
ing 84 yds. long
Cotton Rags
Cotton, Raw
Cotton Seed Oil. Ses Oil. Cotton Thread
Cotton Yarn
Cow Rezoar [EXPORT
TARIFF]
Cow Bezoar, Indian [Ix-
PORT TARIFF ]..............................
Cow Hides. See Hides,
Buffalo
Crackers, Fireworks
Crape, Silk.
100 catties 0 0 4 5
Deer.
Deer Sinews. See Sinews.
Despatch Boxes. See Sta-
tionery.
Dimities. See Cotton Piece
Goods.
Dock Stores (under Special
Regulations) ..
NOT INCLUDING SHIPS' Side LightS, NOT IK- PORTED FOR SPECIFIED VESSELS.
Doe Skins. See Skins,
Doe.
Dragon's
Blood. See
Gum, Dragon's Blood. Drills. See Cotton Piece
Goods.
Druggeting, Foreign
Excluding Chinese_Druggets. Druggets. See Carpets. Duck, Cotton. See Can-
vas.
Dye, Green [Native: La-
kiao] Dyed Cottons.
Free.
**
Catty
0800
See Cot-
ton Piece Goods.
Ear-rings, Foreign. See
Jewellery, Foreign.
Earthenware. See Pot-
tery.
See
Elephants' Teeth, Broken 100 catties 300
Elephants' Teeth, Whole.
Silk Pieve Goods.
Essences, Flavouring. See
Confectionery.
0350
0720
12
0 7 0 0
Ebony. See Wood, Ebony.
Eggs, Preserved...
Thousand 0 3 5 0
Catty
0360
4000
1500
Embroideries, Silk.
[100 cattics] 0 5 0 0
See Silk
False Pearls.
See Pearls.
Piece Goods.
Fancy Cottons.
See Cot-
See
ton Piece Goods.
Fans, Feather....
Hundred
0750
med
Thousand 0 3 6 0
1 5 0 0
"
CUMQUATS.
tables.
See Vege-
Fans, Paper
Da bed by
0200
Hundred
0045
Crockery, Foreign.
Glassware.
Crystalware. See Glass-
ware and Crystalware.
Cubebs...
Fans, Palm-leaf, Trim-
Fans, Palm-leaf, Untrim-
nied
Per
Hundred
CUSTOMS TARIFF
NAME OF ARTICLE.
NAME OF ARTICLE.
TARIFF UNIT AND DUTY.
\T. m. c. c.
Feathers,
Kingfishers',
Pearocks'
Felt Caps.........
Felt Cuttings
Fenders.
See Articles de
Menage.
0400 1250
100 catties] 0 1 0 0
catties
Free.
Fire-irons. See Articles|
de Ménage,
Firewood
Fireworks. See Crackers. Fish, Dried. See Stock
Fish.
INCLUDING CUTTLE-FISH.
Fish Maws
100 catties 0 180
Fish, Salt....
Fish Skins
Not including Sharks' Skins. Flannel, See Woollen
Manufactures.
Flints
Floss Silk. See Silk.
"
1 0 0 0 0200
"
Flour......
Free.
Flowers, Artificial.
Artificial Flowers.
See
Fowling-pieces
Cannot be imported or exported except un- der Special Authority, For Skins. See Skins,
Fox.
Fragrant-wood.
Wood, Fragrant.
Fruits, Foreign.
tables.
See
See Vege-
Fruits, Fresh and Preser-
ved. See Vegetables. Fungus, or Agaric..... Furniture of all kinds. See
Articles de Ménage. Furnitures, Cotton. See
Cotton Piece Goods. Fustians. See Cotton
Piece Goods.
Galangal
Gambier
Gamboge
Game, Tinned.
See Meats,
Preserved, Foreign.
Garlic
Garoo-wood. See Wood,
Garno.
Gas Fittings. See Articles'
de Ménage.
Gauze, Silk. See Silk
Piece Goods.
GEAR,SHIPS': OLD ROPES, OLD SAILS, OLD SPARS, -LANDED UNDER PER-
MIT
GEAR, SHIPS': ANCHORS,"
CHAINS,
AND OLD
0 0 3 0
100 catties 0 6 0 0
མ ན བ
"
Free.
METAL, WHEN RE- 5 per cent. MOVED FROM A VES-aď valorem
SEL NOT INTENDED
TO BE BROKEN UP
...
Ginghams. Sce Cotton
Piece Goods.
I
0100 0150
1 0 0 0
0 0 3 5
igitized by Google
Ginseng, American, Clari-
fied
GINSENG, RE-CLARIFIED, i.e., CRUDE GINSENG
IMPORTED AND CLARI- FIED AT A TREATY PORT
AND SHIPPED COAST- WISE, TO PAY EXPORT AND COAST TRADE DUTY
AS THOUGH IT WERE NATIVE PRODUCE. Ginseng, American, Crude Giuseng, Corean or Japan,| 1st Quality.i.e., VALUED AT Tls. 5 AND OVER A
CATTY
Ginseng, Corean or Ja- pan. 2nd Quality, i.e.,
VALLED AT MORE THAN Tls. 1 AND LESS THAN Tls. 5 A CATTY GINSENG, Corean or Ja- PAN. UNCLASSED, i.e., VALUED AT Tls. 1 and
LESS A CATTY
TO INCLUDE COREAN OR!
JAPAN GINSENG Cor- TINGS AND BEARD.
Ginseng, Native......... Glass Bangles, or Arm-
lets
Glass Beads
Glass, or Vitrified Ware. Glassware and Crystal-
.ware
Including Foreign Crockery and Foreign Chinaware and Porcelain. [Excluding Na- tive Chinaware, Native Pot- tery, and Native Earthen-| ware; Window Glass, Tele- scopes, Spy and Opera Glas- Bes, Looking-glasses and Mirrors; also Chinese Glass Beads and Glassware of all kinds].
Glass, Window
19
TARRIFF AND UNIT DUTY.
Per T. m. c. c.
100 catties] 8 0 0 0
Catty
6000
0 500
"
0 350
•
0 0 5 0
5 per cent.
ad valorem
100 catties 0 5 0 0
29
"
0500 0 500
Free.
{
Box 100 sq. ft.
0 150
GLASS IMPORTED FOR THE USE OP CHURCHES 13 LIABLE TO DUTY.
Glue
Goats' Hair. See Hair,
Goats'.
Gold and Silver Bullion.
See Bullion.
Gold Thrend, Imitation..!
TO COMPREHEND FOREIGN
IMITATION GOLD THREAD| MADE OF COPPER AND SILVER AND AFTERWARDS
GILT.
Gold Thread, Real....... Goldware. See Silver-
ware and Goldware. Grain of all kinds [See
Rice]
Grains of Paradise.
Cardainoms.
Sec
100 catties 0150
Catty
0 0 3 0
"
1 6 0 0
100 catties 0100
Original fi
20
CUSTOMS TARIFF
NAME OF Article.
TARIFF UNIT and Duty.
NAME OF ARTICLE.
TARIFF UNIT and Durw.
Per
T. m. c. c.
Per
\T. m. c.
Grasscloth, Coarse (HAV- ING 40 OR LESS THREADS IN THE WARP!
TO AN INCH).. Grasscloth, Fine (HAVING OVER 40 THREADS IN THE WARP TO AN INCH), Grates. See Articles def
Ménage.
Green Alum. See Alum,
Green.
100 catties 0 7 5 0
"
2500
Hornware.
See Bone-
ware.
Hosiery.
See Clothing.
Foreign.
Household Stores, etc.
Free.
Green Dye.
See Dye,
Green.
See Paint.
Green Paint.
Ground-nut Cake
Ground-nuts
GUANO. See Beancake.
Gum. See Stationery.
Gum Benjamin
Gum Benjamin, Oil of
Gum, Dragon's Blood Gum Myrrh....
Gum Olibanum
Gunpowder
Cannot be imported or exported except un- der Special Authority. Gypsum, Ground, or Plas-
ter of Paris..... Haberdashery. See Cloth-
ing, Foreign.
Habit Cloth. See Wool-
len Manufactures.
HAIR, CAMELS'
Hair, Goats'
**
""
0030 0100
0600 0600
0450
#
04 50
"
0 450
100 catties 0 0 3 0
{15 per cent.
Hair-pins, Foreign. Seel
Jewellery, Foreign. Hair Rugs. See Rugs. Hama
Handkerchiefs, Cotton.
See Cotton Piece Goods. Hare Skins. See Skins,
Hare.
ad valorem
100 catties 0 1 8 0
Articlex not named in the Tariff as dutiable, nor being articies, or one or more of a class of articles, specifically mentioned in the Duty free List, if imported or exported for the special and personal use of specified Individuals, Hongs, Companies, or Ships, and in reasonable quanti- ties, may, when declared to be Household Stores, Ships' Stores, or Personal Bazgaye, be passed free. Tariff named articles declared "as Household Stores are duti- able. See also Dock Stores. Implements of War
Cannot be imported or exported except un- der Special Authority. Indigo, Dry... Indigo, Liquid
Ink, Foreign. See Sta
tionery. Ink, India
Insect Wax. See Wax,
White.
Iron Bars.
See Metals.
Iron Hoops. See Me-
tals.
IRON HOOPS, OLD. Sec
Metals.
Iron, in Pigs. See Me-
tals.
Iron, in Sheets. See M....
tals.
IRON NAILS.
See Metals.
IRON PANS. See Metals.
100 catties 1000
>>
0180
4000
0 5 5 0
"
Iron Rods. See Metals.
Iron Wire. See Metals.
Isinglass
0650
Ivoryware
Catty
0150
Jeans. See Cotton Piece
Goods.
Ménage.
0350
Jewellery, Foreign
Free.
*
Hemp
03 50
J.
Hemp, Raw, or China) 5 per cent.
Harness. See Articles de
Hartall, or Orpiment......
GRASS (RHEA)....................... ) | ad valorem
Hemp Seed Oil. See Oil.
Hemp Twine. See Twine.
Hides, Buffalo and Cow.. 100 catties 0 5 0 0
Hides, Rhinoceros
Honey
To COMPREHEND WILD
UNCLEANED HONEY.
Horns, Deer [IMPORT TA-
**
**
0420
0900
Including Foreign Shirt Studs,
Sleeve Links, Watch Chains,| Kings, Charme, Pencil Cases, Ear rings, Necklets, Brooches, Bracelets, Lockets,] Hair-pine, Scent Bottles. [Excluding Coral, Corne- hans, Bangle‹, Glass Bea a, False Pearls, Goldware sud Silverware, i Joists. See Timber. Joss-sticks
JUTE
Kentledge. See Metals. Ketchup. See Confection-
Kingfishers'
Hoop Iron.
See Metals.
Horns, Buffalo
0250
ery.
RIFF]
0 25 0
Horns, Deer, Young [Ex-
Pair
0900
100 cattle
1350
}
PORT TARIFF]
Horus, Deer, "Old [Ex-
PORT TariPP!.
Ho. 63,
1...
>>
See Feathers.
Feathers.
Kittysols, or Paper Um-
brellas
el Se
Bytesby
100 catties 0 2 0 0 0208
Hundred 0 5 0 0
CUSTOMS TARIFF
21
NAME OF ARTICLE.
Lacquer, Crude.
Varnish.
Lacquered Ware
Laka-wood. See Wood,
Laka.
Lampwicks
TARIFF UNIT AND DUTT.
NAME OF ARTICLE.
Per T. m. c. c.
See
|100 catties 100
0 6 0 0
See Me-
OF ARRIVAL, i.C., OBI- GINAL PRICE plus IX-| PENSES FOR COMMISSION, FREIGHT, AND OTHER CHARGES. IF THE I- PENSES CANNOT BE AS- CERTAINED, 10 PER CENT. OF THE INVOICE PRICE ADDED TO THE LATTER CONSTITUTE THE VALUE ON WHICH DUTT IS TO BE CHARGED.
Maisena. See Sago.
Mangrove Bark
Manure-cakes, or Pou-
Lastings. See Woollen
Manufactures.
Lead, in Pigs.
tals,
Lead, in Sheets. See
Metals.
Lead, Red (Minium)..
Lead, White (Ceruse)
Lead, Yellow (Massicot).
Leather
Leather Articles,
88
Pouches, Purses............................
Leather, Green
Massicot.
TARIFF UNIT and Duty.
(T. m. c. c.
Per
100 catties 0 0 8 0
"
0090 0200
0350
"
drette
0350
*
Marble Slabs
0350
Marten Skins. See Skins,
0420
Marten.
See
Lead,
1 500
Yellow.
"
1 8 0 0
Masts. See Timber.
Hundred Roll of
0200
40 yds.
0200
Free.
LEATHER, STRIPS OF 5 per cent.
Ass
Leather Trunks. Bee
Trunks.
Lemonade. See Wines.
Leopard Skins. 8ce
Skins, Leopard.
Licbees......
LIGHTS, SHIPS' SIDE,
NOT IMPORTED SPECIFIED VESSELS
POR
Lily Flowers, Dried Lily Seeds, or Lotus Nuts. Linen and Cotton Mix-
tures. See Linen. Linen, Coarse, as Linen and Cotton or Silk and Linen Mixtures, not exceeding 50 yds. long. Liner, Fine, as Irish or Scotch, not exceeding 50 yds. long.
Liqueurs. See Wines. Liquorice ......
Lockets. See Jewellery,
Foreign.
Jad valorem
Long Ells. See Woollen
Manufactures.
Looking-glasses. See Te-
lescopes.
Lotus-nuts. See
Seeds.
Lucraban Seed
Lung-ngans
Lily
Lung-ngans without the
Stone
Lustres. Bee Woollen and Cotton Mixtures. Mace.....
100 catties 0 200
15 per cent.
ad valorem
100 catties 0 270 0500
Piece
0200
0500
"
100 catties 0 1 3 5
29
(5 per cent. ad valorem
MACHINERY.................................
INCLUDING MACHINERY FOR
GOVERNMENT Docks, ARSENALS, ETC. DUTY IS LEVIABLE ON THE COST OF THE MACHINERY AS
LAID DOWN AT ITS PORT
0035 0 250
0 3 5 0
1 0 0 0
Mats, of all kinds
Matting
Maws, Fish. See Fish
Maws.
Meal, Indian and Oat .......... Meats, Preserved, For-
eign
Including Fish, Flesh, Fowl, Tinned Gume of all kinds, Shell-fisk, Patties, Sausages, Caviare, Beef and Pork in casks for Ships. [Ex- cluding Hame and Balt Fisb.]
5 per cent.
MEDICATED WINES...... ad valorem
Medicines, Foreign
Including Surgical Instru- ments, Photographic Chemi- cals and Apparatus; also Medicines of Foreign origin made up for Chinese use [Excluding Castor Oil, if arriving in quantities of more than 100 catties weight| at a time.]
Medium Cloth. See Wool-
len Manufactures. Melon Seeds Metals:-
Copper, Manufactured; as in Sheets, Rods, Nails
Copper, Unmanufac- tured, as in Slabs. Copper, Yellow Metal, Sheathing, and Nails Copper, Japan............ Iron, Manufactured, as in Sheets, Rods, Bars, Hoops
Iron, Unmanufactured,
as in Pigs....
Free.
100 catties 0 1 0 0
1500
1 0 0 0
0900
"
0600
"
وو
0126
0075
0010
025 0
""
TRUSSES TO
Iron, Kentledge
Iron Wire
INCLUDING
BIND SILK BALES, MANU-
FACTURED WHOLLY FROM IRON WIRE.
* If in reasonable quantities, when declared to be for the personal use of the applicant, and not for sale.
Digazed by
Original fram
22
CUSTOMS TARIFF
NAME OF ARTICLE.
TARIFF UNIT and Duty.
NAME OF ARTICLE.
TARIFF UNIT AND DUTY,
Per
T. m. c. c.
Musk
Per Catty
¡T.m_c.c.
0900
Metals-cont.
IRON PANS OF FOR- EIGN ORIGIN OR OF CHINESE
ORIGIN
AND MANUFACTUR- ED BY CHINESE
***
Iron Pans manufactur- ed by Foreigners at Chinese Treaty Ports cannot be imported or exported. IRON NAILS
IRON HOOPS, Old
WHEN SHIPPED COASTWISE
TO BE EXEMPT AT THE FORT OF SHIPMENT AND TO BE CHARGED 5 PERİ CENT. ad valorem COAST TRADE DUTY AT THE PORT OF DISCHARGE.
Lead, in Pigs Lead, in Sheets Quicksilver
Spelter ....
Cannot be imported
or exported except under Special Autho- rity.
Steel.
Tia
5 per cent.
ad valoremİ
"
11
100 catties 0 2 50
Muskets.
Cannot be imported or exported except under Special Autho- rity.
Muslins. See Cottons.
Mussels, Dried
100 catties 0 200
Mustard. See
Confec-
tionery.
Musters. See Samples. Myrrh. See Gum,
Nails, Copper. See Metals. NAILS, IRON. See Metals. Nankeen and Native Cot-
ton Cloths
INCLUDING COTTONS DYED
IN CHINA.
Narrow Cloth. See Wool-
lens.
0550
Necklets.
2000
Foreign.
"
0 250
39
"
0250
1 2 5 0
See Jewellery,
Newspapers, Chinese Nutgalls
Nutmegs ....
Oil, as Bean, Tea, Wood, Cotton, and Hemp Seed Up to 10 picule, if reported to be for Steamer's use: Free. Oil Floor-cloth. See Car-
peting, Foreign,
Oil, Salad. See Confec-
tionery.
Free.
1 5 0 0
100 catties 0 5 0 0
"
2500
0300
YUNNAN ΤΙΝ MAY BE PASSED COASTWISE AT HALF THE TABIFF RATE ON BEING PROVED TO BE PROPERTY OF PRIVILEGED MINING ASSOCIATION.
Tinplates.. TRUSSES, MEtal, to
BIND SILK BALES, NOT OF IRON WIRE
TRUSSES, METAL,
OF
IRON WIRE. See Iron
WIRE.
Milk, Condensed and Desic-
cated. See Butter.
Millet. See Rice.
Millinery. See Clothing,
Foreign.
"
5 per cent.
ad valorem.*
Mineral Water. Soe Wines.|
Oiled Paper
"
0 450
0400
Olibanum.
See Gum Oli-
banum.
Olive Seeds
"
0 3 0 0
Olives. Unpickled, Salted,
or Pickled.
"
0 1 8 0
Opera Glasses. See Teles-
copes.
OPIUM, FOREIGNT
Under Special Regula-|
tions.
""
Tls. 110.00₫
OPIUM, BOILED OR PRE-
PARED
137.50§
Minium. See Lead, Red.
Mirrors. See Telescopes.
Mother-o'-pearl Shell... 100 catties 0 2 0 0
Mother-o'-pearl Ware
Munitions of War.
Cannot be imported
or exported except under Special Autho- rity.
Mushrooms
Music. See Articles de
Ménage.
Musical Boxes.......
Musical Instruments.
Articles de Ménage.
Ad interim.
Catty
0100
100 catties 1 5 0 0
{
5 per cent.
ad valorem
See
Under special Regula-
tions.
Orange Peel. See Peel,
Orange.
ORANGES. See Vegetables.
Orleans. See Woollen
Manufactures.
Orpiment. See Hartall. Otter Skins. See Skins,
Otter.
Oyster Shell, Sea Shells..!
0 0 90
Packing Twine. See Sta-
tionery.
Paddy. See Rice. Paint, Green
Paintings. See Pictures.
0450
† According to the United States Commercial Treaty of November, 1880, citizens of the United States are not allowed to deal in Opium, nor are vessels owned by them, whether employed by themselves or others, nor vessels owned by others but employed by them, allowed to carry Opium.
‡ Tls, 90,0,0,0 Tariff Duty, Tls. 80.0.0.0 Likin.
§ Tls 37.5,0.0 Tariff Duty, Tis, 100.0.0,0. Likin,
Dy Bek by
CUSTOMS TARIFF
23
NAME OF ARTICLE.
TARIFF UNIT AND DUTY.
NAME OF ARTICLE.
TARIFF UNIT AND DUTY.
Palampore, or Cotton Bed
Quilts
Per
Hundred
T. m. c. c.
Per
¡T, în. c. c.
PIPES,
WHITE METAL
27 5 0
(INFERIOR).
See Cop-
Palm-leaf Fans. See Fans,
Palm leaf.
PANS, IRON. See Metals. Paper. See Stationery. Paper. 1st Quality.
INCLUDING WRISING LOT- TERY Books AND ALL CHINESE Books, WITH THE EXCEPTION OF BOOKS EITHER OPFICIALLY PRO- VIDED OR PURCHASED FOR CHINESE PUBLIC INSTITUTIONS. Books CIRCULATED BY MISSION- ARIES OR DEALT IN BY ORDINARY CHINESE BOOKSELLERS ARK ΤΟ PAY DUTY, Chinese News- papera: Free.
Paper, 2nd Quality
PAPER, BLACK TINSEL.
100 catties 0 7 0 0
5 per cent. Vad valorem
Paper, Oiled. See Oiled
Paper.
Paper Umbrellas. See
Kittysols.
Pastry. See Confectionery. Patties. See Meats.
Peacocks' Feathers. See
Feathers.
PEARL BARLEY
Pearls, False
Peas. See Beans.
Peel, Orange
Peel, Pumelo, 1st Quality
04
100 catties 2000
0 3 0 0
0450 0 1 5 0
#
See Jewel-
Peel, Pumelo, 2nd Quality
Pencil Cases.
lery, Foreign.
Pencils, Foreign. See Sta-
tionery.
Pens, Foreign. See Sta-
Pepper, Black..
Pepper, Foreign. See Con-
tionery.
Pe per White
fectionery.
Peppermint Leaf
Peppermint Oil
Perfumery...
Excluding Musk.
Personal Baggage.
Household Stores
0 3 6 0
**
0 500
"
0 1 0 0
"
3 500
"
Free.
See
Pewterware. See Copper-
ware.
Photographic Apparatus.
See Medicines.
Photographic Chemicals.
See Medicines. Pickled Olives. See Olives. Pickles. See Vegetables. Pictures and Paintings... Pictures on Pith or Rice
Paper
Pig Iron. See Metals.
Piles. See Timber.
PINEAPPLES. See
tables.
Pipes. See Cigars.
Vege-
"
0 1 0 0
Each
Hundred 0 1 0 0
Digitized by
perware and Pewter-
ware. Pistols.
be imported
Cannot
ог exported except under Special Autho- rity.
Pith Pictures. See Pic-
tures.
Planks. See Timber.
Plaster of Paris. See
Gypsum.
Plated Ware, Foreign Poles. See Timber.
Pongees, Silk. See Silk
Piece Goods.
Porcelain, Foreign. See
Glassware.
Pork. See Meats, Pre-
served, Foreign. Portfolios. See Stationery. Pottery, Earthenware
INCLUDING Coarse China-
WARE OF THE VALUE OF Tha 1 To Th. 1.50 PER PICUL EXPORTED FROM PAKHOI ; BUT NOT 13- CLUDING SWATOW NATIVE CHINA-WARE.
Pouches, Leather. See
Leather Articles. Poudrette. See Manure-
cakes.
Prawns, Dried
Presents. See Curiosities. Preserves, Comfits, and
Sweetmeats....
Printed Cottons. See Cot-
ton Piece Goods. Printing Presses. See Sta-
tionery.
Pumelo Peel. See Peel,
Puielo.
PUMELOES. See Vegetables
Purses, Leather.
Leather Articles.
Putchuck....
See
Quicksilver. See Metals.
Quiltings. See Cotton
Piece Goods.
Quilts, Cotton. See Pa-
lampore.
Rabbit Skins.
Rabbit.
Racoon Skins.
Racoon.
See Skins,
See Skins,
Kags, Cotton. See Cot-
ton Rags.
Raisins. See Vegetables. Raspberry Vinegar.
Wines.
Rattans
Rattans, Split....
Rattanware
Free.
100 catties] 0 0 5 0
0 3 6 0
"
0 500
0 600
See
0 1 5 0 0250 080
Red Tape. See Stationery. Bed-wood. See Wood, Red.
CUSTOMS TARIFF
NAME CF ARTICLE.
TARIFF UNIT AND DUTY.
Per
IT. m. c. c.
Rhinoceros Hides. See
Hides, Rhinoceros. Rhinoceros Horns. See
Horns, Rhinoceros. Rhubarb
Ribbons, Silk. See Silk.
RIBBONS, SILK, Inter-
WOVEN WITH IMITA- TION GOLD OR SIL- VER THREAD
Rice or Paddy, Wheat,
100 catties 1 2 5 0
100 catties 18 0 0 0
or
5 per cent.
ad valorem! optional.
Millet, & other Grains 100 catties 0100
Duty free on importa-
tion from abroad. Can only be exported un- der Bond to Chinese. Ports. Native Grain is to pay Export Duty at port of shipment and Coast Trade Duty at port of discharge, and leaving Yangtsze Ports by river stea- mers, Coast Trade Duty is to be deposited in advance. Foreign Grain not landed may be re-exported to Fo- reign Countries. Fo- reign Grain re-export- ed to Chinese Ports must pay Export Duty. Rice Paper Pictures. See
Pictures.
Rifles
Cannot be imported or exported except un- der Special Authority. Rings, Foreign. See Jewel-
lery, Foreign.
NAME OF ARTICLE.
TARIPP UNIT AND DUTT.
T. m. c. c.
SATINET, OR FRENCH
SATEEN, WITH A COH)
TON WARP AND A
SILK WEFT. Sauces. See Confectionery. Sausages. See Meats. Scarves. See Silk Piece!
Goods.
Scent Bottles. See Jewel-
lery, Foreign.
Scientific Instruments. See
Articles de Ménage.
Sea Otter Skins, See
Skins, Sea Otter.
Sea Shells. See Öyster
Shell.
Seahorse Teeth........
Sealing Waz.
tionery.
Seasonings.
tionery.
Seaweed
Per
5 per cent. ad valorem
100 catties 2 0 0 0
See Sta-
See Confec-
SEAWEED, RUSSIAN, SU-
PERIOR..........
SEAWEED, RUSSIAN, IN-
FERIOR.
Seltzer Water. See Wines. Sesamum Seed............ Sharks' Fins, Black... SHARKS' FINS, CLARI-
FIED..........
Sharks' Fins, White..
Sharks' Skins.....
Shawls, Silk,
See Silk
Rose Maloes
1 0 0 0
"
Rugs, of Hair or Skin
Each
0 0 90
Saddlery. See Articles de
Ménage.
hold Stores....
Safes. See Articles de
Ménage.
Bago
Free.
Including Arrow-root, Corn-
flour, Maicena.
Cotton Cloths.
0 1 5 0
"
0 15 0
0100
0135
0500
"
"
5 per cent.
ad valorem
100 catties 1 5 0 0
Hundred
2000
Salt.....
Trade in, prohibited.
Salt Fish. See Fish, Salt.
Salted Olives. See Olives. Salt, Table. See Confec-
tionery. Saltpetre.............
Cannot be imported or exported except un- der Special Authority. Samples and Musters of Goods for sale, in reason- able quantities
EXCESS
OF REASONABLE QUANTITY TO PAY TARIFF DUTY.
Samshu
INCLUDING JAPANESE WINE. See Wines, Fo- reign.
Sandalwood..... Sandalwoodware.... Sapanwood
Satin. See Silk Piece
Goods.
100 catties 0 5 0 0
Free.
Piece Goods.
Shell-fish, Tinned. See
Meats.
Ships' Stores. See House-
Shirtings.
See Cotton
Piece Goods.
SHIRTINGS DYED IN CHINA.
See Nankeen and Native
Shirtings, Spotted.
Cotton Piece Goods,
See
Shoes and Boots, Leather
or Satin
Shoes, Foreign. See Cloth-
ing, Foreign. Shoes, Straw Shot.
Cannot be imported or exported except un- der Special Authority. SIDE LIGHTS, SHIPS,'
NOT IMPORTED FOR
SPECIFIED VESSELS....
100 catties 0 1 5 0
Silk:
0400
Catty 0100 100 cattios 0 1 0 0
Free.
100 pairs 3 000
5 per cent. ad valorem
0 18 0
Raw and Thrown........ 100 catties 10 0 0 0 Yellow, from Szechuen
Recled from Dupions... Wild Raw......
Refuse
Cocoons
#
7000
5000
2500
"
1000
#
3 0 0 0
"
NAME OF ARTICLE.
CUSTOMS TARIFF
NAME OF ARTICLE.
TARIFY UNIT AND DUTY.
Per \T. m. c. c.
25
TARIFF UNIT AND DUTY.
T. m. c. c.
Per
Silk:-continued.
COCOONS, REFUSE..........
COCOON SKINS (SHELLS) Floss, Canton..... Floss, from other pro-
vinces....
Ribbons and Thread.... RIBBONS, INTERWOVEN WITH IMITATION GOLD OR SILVER THREAD. See RIB- BONS, SILK, etc. Piece Goods, viz., Pon- gees, Shawls, Scarves, Crape, Satin, Gauze,
Velvet, and Embroi-
5 per cent. ad valorem|
[100 catties 4300
10 0 0 0
33
10 0 0 0
dered Goods.....
Piece Goods--Szechuen,
Shantung.
Tassels
Caps..........
12 0 0 0
4500
"
10 0 0 0
"
Hundred
0900
5 5 V V
Silk and Cotton Mixtures 100 catties
NOT INCLUDING FRENCH
SATEEN OR SATINET.
Silk and Linen Mixtures.
See Linen.
Silver Thread, Imitation.
Silver Thread, Real........
Sinews, Buffalo and Deer.
Catty
"
0030
1 3 0 0
Silverware and Goldware. 100 catties 10 0 0 0
Skin Bags. See Rugs. Skins, Beaver.......
Skins, Doe, Hare, and
Rabbit..................
Skins, Fox, Large.. Skins, Fox, Small ...
Skins, Land Otter..
Skins, Marten...................
Skins, Racoon
Skins, Sea Otter..
Skins, Squirrel.......
Skins, Tiger and Leopard Sleeve Links. See Jewel-
lery, Foreign.
8malt.
Snnff, Native
Snuff, Foreign.
Soap, Foreign
SOAP, CHINESE
Boda-water. See Wines. Soy......
Spanish Stripes. See Wool-
len Manufactures.
Spars. See Timber.
"
Presses. Printing Presses, Type, Despatch Bores, Red| Tupe, Portfolios, Pucking! Twine. [Excluding Chinese Paper, Indian Ink, and CHINESE Books.]
Steel, See Metals. Sticklac.....
Stock-fish
Including Dried Fish. Stoves. See Articles de
Straw Braid.......
Ménage.
Straw Shoes.
[100 catties 0 3 0 0 0500
"
0 7 0 0
"J
See Shoes,
Straw.
Studs. See Jewellery, Fo-
reign.
Sugar, Brown (Nos. 1 to
10 INCLUSIVE, DUTCH STANDARD)
Sugar Candy
Sugar, White (Nos. 11 AND UPWARDS, DUTCH STANDARD).......
Sulphur and Brimstone. Cannot be imported or exported except un- der Special Authority. Surgical Instruments. Seel
Medicines. Sweetmeats.
serves.
Bee Pre-
29
0120 0 250
ཐ -
23
0200 0200
*
"
0 200 0300
See Silk
Tallow, Animal.... Tallow, Vegetable.. Tassels, Silk.
Tassels.
T-Cloths. See Cotton Piece
Goods.
Tea, Black and Green.......
0 5 5 0
Hundred
50 00
0 5 0 0
"
Each
0150
0075
Hundred 2000
TEA, BRICK.....
Each Hundred
0150
2000
Each
1 5 0 0
Hundred Each
0 500 0150
100 catties 1 5 0 0 0800 7 200
Free. 5 per cent.
lad valorem
100 catties 0 4 0 0
Spelter. See Metals.
Spices. See Confectionery.
Spirits. See Wine.
Free.
Spy Glasses. See Teles-
copes.
Squirrel Skins. See Skins,
Squirrel.
Stationery, Foreign....
Free.
NO TRANSIT DUES ARE TO BE LEVIED ON BRICK TEA MADE FROM Huo. ksiang-ch'a-mo, BOUGHT IN HANKOW, AT TIME OF EXPORT FROM Hankow, TEA DUST, NOT EXCEED- ING Hk. Tls. 10 PER PICUL IN VALUE AND SHIPPED FOR A CHINESE PORT; TEA DUST SHIP- PED FOR A FOREIGN PORT, OR FOR A CHINESE PORT IF Exceeding Hk. Tls 10 PER PICUL IN VA- LUE, TO PAY as 'l'EA. TEA, LOG; VARIETIES: CHIEN LIANG.............. PAI-LIANG Kung-chien, PAI-LIANG TIEN-CHIEN PAI-LIANG CHING-CHIEN TEA-CHESTS, OR MATE-
RIALS FOR MAKING 'I'EA-CHEST8............ Tea-chests, or Materials for making Tea-chests, ex- ported to another Treaty Port for use in packing|
Tea
"
32
2500 0 6 0 0
1 2 5 0
0500 0800
21
1 0 0 0
1 2 50
5 per cent. lad valorem
Free.
Incizding Pens, Pencils, Ink, Paper, Blotting Paper, Gum,
Seuling War, Copying
CUSTOMS TARIFF
NAME OF ARTICLE.
ĮTARIFF UNIt and Duty,
NAME OF Article.
TARIFF UNIt and Duty.
Per
T. m. C. 6
Per
T. m. c. c.
TRA-BOX
Boards.
See
Each
0030
Box.
WOOD BOARds, Tea-
Tea Oil. See Oil.
Teak-wood. See Timber.
Telegraph Material for Chi-
nese Government Tele-
graphs.......
EXCLUDING
MATERIAL
TELEGRAPH.
FOR OTHER
THAN CHINese Govern-
MENT TELEGRAPHS.
Telescopes, Spy__and
Opera Glasses, Look- ing-glasses and Mir-
rors
Thread, Cotton. See Cot-|
ton Thread.
Thread, Gold. See Gold
Thread.
Thread, Silk. See Silk
Free.
5 per cent. [ad_valorem
Thread.
Tiger Skins.
Bee Skins,
Tiger.
Tigers' Bones.......
100 catties 1 5 5 0
Timber:
Timber-cont.
Piles, Poles, and Joists. To COMPREHEND SOFT- WOOD POLIS OF ANY LENGTH.
Tin. See Metals.
Tinder.....
T'in-foil ......
Tinned Meats.
See Meats.
Tinplates. See Metals.
TINSEL PAPER, BLACK.. Tobacco, Foreign...
EXCLUDING Japanese To- BACCO. See Tobacco, Prepared,
Tobacco, Leaf, Tobacco, Prepared.......
Excluding Foreign Tobacco, BUT INCLUDING JAPAN KSE TOBACCO, except when im- ported by Japanese officials or merchants, for private use, up to 40 cutties at a time. Tortoise-shell
Tortoise-shell, Broken Tortoiseshellware Trunks, Leather TRUSSES, METAL.
See
Wire;
100 catties 0 3 5 0 1250
5 per cent. ad valorem Free.
100 catties 0 1 5 0 0450
"
Catty
0250 0078
"
0200
[100 catties 1500
Masts and Spars, Hard-
wood, not exceeding 40 ft....
Masts and Spars, Hard- wood, not exceeding 60 ft....
Masts and Spars, Hard-
wood, exceeding 60 ft. Masts and Spars, Soft- wood, not exceeding 40 ft..
Masts and Spars, Soft- wood, not exceeding
60 ft......... Masts and Spars, Soft-
wood, exceeding 60 ft. Beams, Hard-wood, not exceeding 26 ft. long and under 12 ins. square
BEAMS OTHER THAN
SQUARE...
BEAMS, SOFT-WOOD,
i.e., PLANKS OVER 6 INS. IN THICKNESS Planks, Hard-wood, not exceeding 24 ft. long. 12ins. wide, and 3 ins. thick......... Planks, Hard-wood, not|
exceeding 16 ft. long, 12 ins. wide, and 3 ins. thick..
PLANKS, SOFT-WOOD.
Planks, Teak........
Digitized by
Metals, TRUSSES,
Metals, Iron
Each
4000
Turmeric ........
0100
Turnips, Salted
0180
"
Twine, Hemp, Canton ..
0150
"
0500
10 0 0 0
"
Type. See Stationery.
Umbrellas
Each
0035
See
2000
4 5 0 0
6 5 0 0
**
0 1 5 0
5 per cent.
ad valorem
or Tariff
Duty, optional.
15 per cent. [ad valorem
Hundred 3 5 0 0
"
5 per cent. ad valorem
200
| Cubic foot] 0 0 3 5
Twine, Hemp, Soochow...
Umbrellas, Paper.
Kittysols.
UNION CLOTH. See Wool-
len Manufactures Spanish Stripes, In- ferior.
Varnish, or Crude Lacquer 100 catties 0 5 0 0 Vegetables, Preserved, Fo-
reign
Including Foreign_Fruita, Fresh and Preserved, Pick- les, Chutneys, Raisins, Chi- nexe Fresh Vegetables and Fresh Fruits. [Excluding Olives, Dates, ~ Almonds, Chestnuts, Ground-nuts, Lichees, Lung-ngans Gar- lic, Melon seeds, Mush- rooms, Fungus, Salted Tur- nips, Or、nges, Cumquats, CITRONS, PUMELORS, Cocoa-NUTS, AND PINE- APPLES.]
Velvets. Sce Silk. Velveteens. See Cottons. Velvets, not exceeding 34
yds. long Vermicelli
Vermillion
Vessels broken up in port,
Materials from*
Must be certified by Consul to be condemned"and sold in port.
• See also Graz, 8X'Ps'.
Free.
Piece 0180 100 catties 0 18 0 2500
Free.
CUSTOMS TARIFF
27
NAME OF ARTICLE.
Tarify Unit and Duty.
Per {T. m. c. c.
5 per cent.
NAME OP ABHICLE.
Wood, Laka.....
Wood, Red.......
TARIFF UNIT and Duty.
Per T. m. c. c. 100 catties 0 1 4 5 01 15
"
VESSELS WRICKED, MA-
TERIALS FROM
If wrecked in port : Free of Import Duty, but liable to Report and Coast Trade Duty.
Vessels wrecked within the harbour limits, export cargo relanded
Vinegar. See Confectionery.
Vitrified Ware. See Glass-
[ad valorem
Free.
Woodware.
ware.
Wool.
Watch Chains, Foreign. See
WOOL, CAMELS'.
WOOD BOARDS, TEA-
BOX, IF EXPORTED TO A Foreign Country.
See Oil.
Wood, Oil.
Wood, Piles. Poles, and Joists. See Timber,
Piles, etc.
5 per cent.
ad valorem
100 catties 1150 0350
5 per cent. Vad valorem
5 per cent.
Woollen and Cotton Mix-
ad valorem
tures, viz., Lustres,
or Tariff
Plain and Brocaded,
Duty,
optional.
not exceeding 31 yds.] long......
Piece
0 200
Pair
1000
Wooll-n Manufactures⭑
Blankets
Pair
0 2 0 0
4500
Jewellery, Foreign.
WATCHES
Watches.......
Watches, émaillées à
perles
Wax, Bees'. See Bees-
wax.
Wax, Japan......
***
Wax, White, or Insect WEISING LOTTERY Books. See Paper, 1st Quality.
Wheat. See Rice.
White Wax. See Wax,
White.
Window Glass. See Glass,
Window.
Wines, Foreign
Including Beer, Spirits, Fo-
reign Bitters, Liqueurs, Cor- dials, Raspberry Vinegar, Boda, Beltzer, and Mineral Waters, Lemonade, etc. [Excluding Samshu and Chinese Wine; ALSO JA- PANESE WINE, except when imported by Japanese oft. cials or merchants, for pri- vate use, up to 200 catties| at a time.]
WINES, MEDICATED.....{ Wood, Camagon... Wood, Ebony.... Wood, Fragrant... Wood, Garoo....
Wood, Kranjee, 35 ft. long.
1 ft. 8 ins. wide, and
1 ft. thick......................................................
100 catties 0 6 5 0 1500
"
Broadcloth and Spanish Stripes, Habit and Medium Cloth, 51 to 64 ins. wide ... Long Ells, 31 ins. wide Camlets, English, 31|
ina. wide.....
Cassimeres, Flannel, &
Chang
0120
0045
"
0050
Camlets, Dutch, 33 ins.
wide....
0100
→
Camlets, Imitation, and
Bombazettes....
0035
"
Free.
0040
0060
"
0035
Piece
Chang
0 200
0100
5 per cent.
ad valorem
"3
100 catties] 0 0 3 0 0 150 0450 2000
Each
0 8 0 0
Narrow Cloth.......... Lastings, 31 ina. wide.. Lastings, Imitation, & Orleans, 34 ins. wide. Bunting, not exceeding 24 ins. wide and 40 yds. long........ Spanish Stripes, Infe-
rior.........
INCLUDING UNION CLOTH. Woollen, Yarn....... WRECKS, MATERIALS FROM. See VESSELS
WRECKED, ETC. Yarn, Cotton. See Cottons Yarn, Woollen. See Wool-
len Yarn.
Yellow Metal. See Me-
tals. Copper, etc.
100 catties 3 0 0 0
• PROPORTIOnate Duty is TO BE CHARGED ON EXTRA WIDTH IN WOOLLENS,
RULES
RULE I.-Unenumerated Goods.-Articles not enumerated in the list of exports, but enumerated in the list of imports, when exported, will pay the emount of duty set against them in the list of imports; and, similarly, articles not enumerated in the list of imports, but enumerated in the list of exports, when imported, will pay the amount of duty set against them in the list of exports.
Articles not enumerated in either list, nor in the list of duty-free goods, will pay an ad valorem duty of 5 per cent., calculated on their market value.
RULE II-Duty free goods.-Gold and silver bullion, foreign coins, flour, Indian meal, sago, biscuits, preserved meats and vegetables, cheese, butter, confectionery, foreign clothing, jewellery, plated-ware, perfumery, soap of all kinds, charcoal, firewood, candles (foreign), tobacco (foreign), cigars (foreign), wine, beer, spirits, household stores, ship's stores, personal baggage, stationery, carpeting, druggeting, cutlery, foreign medicines, glass, and crystal ware.
The above pay no import or export duty, but if transported into the interior will, with the exception of personal baggage, gold and silver bullion, and foreign coins, pay a transit duty at the rate of 21 per cent. ad valorem.
A freight or part freight of duty-free commodities (personal baggage, gold and silver bullion, and foreign coins excepted) will render the vessel carrying them, though no other cargo be on board, liable to tonnage dues.
RULE III.-Contraband Goods.-Import and export trade is alike prohibited in the following articles: Gunpowder, shot, cannon, fowling-pieces, rifles, muskets, pistols, and all other munitions and implements of war; and salt.
RULE IV.-Weights and Measures.-In the calculation of the Tariff, the weight of a picul of one hundred catties is held to be equal to one hundred and thirty-three and one-third pounds avoirdupois; and the length of a chang of ten Chinese feet, to be equal to one hundred and forty-one English inches.
One Chinese chih is held to be equal to fourteen and one-tenth inches English; and four yards English, less three inches, to equal one chang.
RULE V.-Regarding certain Commodities heretofore Contraband.-The restrictions affecting trade in opium, cash, grain, pulse, sulphur, brimstone, saltpetre, and spelter are relaxed, under the following conditions:-
1.-*Opium will henceforth pay thirty taels per picul import duty. The importer will sell it only at the port. It will be carried into the interior by Chinese only, and only as Chinese property; the foreign trader will not be allowed to accompany it. The provisions of Article IX. of the Treaty of Tientsin, by which British subjects are authorized to proceed into the interior with passports to trade, will not extend to it, nor will those of Article XXVIII. of the same treaty, by which the transit-dues are regulated. The transit-dues on it will be arranged as the Chinese Government see fit; nor in future revisions of the Tariff is the same rule of revision to be applied to opium as to other goods.
2.-Copper Cash.-The export of cash to any foreign port is prohibited; but it shall be lawful for British subjects to ship it at one of the open ports of China to another, on compliance with the following regulation :-The shipper shall give notice of the amount of cash he desires to ship, and the port of its destination, and shall bind himself, either by a bond with two sufficient sureties, or by depositing such other
17:43.
For duty on Opium see Convention signed in 1885.
#
CHINESE CUSTOMS TARIFF-RULES
29
security as may be deemed by the Customs satisfactory, to return, within six months from the date of clearance, to the collector at the port of shipment, the certificate, issued by him, with an acknowledgment thereon of the receipt of the cash at the port of destination by the collector at that port, who shall thereto affix his seal; or, failing the production of the certificate, to forfeit a sum equal in value to the cash shipped. Cash will pay no duty inwards or outwards; but a freight or part freight of cash, though no other cargo be on board, will render the vessel carrying it liable to pay tonnage dues.
3.-The export of rice and all other grain whatsoever, native or foreign, no matter where grown or whence imported, to any foreign port, is prohibited; but these commodities may be carried by British merchants from one of the open ports of China to another, under the same conditions in respect of security as cash, on payment at the port of shipment of the duty specified in the Tariff.
No import duty will be leviable on rice or grain; but a freight or part freight of rice or grain, though no other cargo be on board, will render tbe vessel importing it liable to tonnage dues.
4.- The export of pulse and beancake from Tung-chau and Newchwang, under the British flag, is prouibited. From any other of the ports they may be shipped, on payment of the tariff duty, to other ports of China, or to foreign countries.
5.-Saltpetre, sulphur, brimstone, and spelter, being munitions of war, shall not be imported by British subjects, save at the requisition of the Chinese Government, or for sale to Chinese duly authorized to purchase them. No permit to land them will be issued until the Customs have proof that the necessary authority has been given to the purchaser. It shall not be lawful for British subjects to carry these commodities up the Yang-tsze-kiang, or into any port other than those open on the seaboard, nor to accompany them into the interior on behalf of Chinese. They must be sold at the ports only, and, except at the ports, they will be regarded as Chinese property.
Infractions of the conditions, as above set forth, under which trade in opium, cash, grain, pulse, saltpetre, brimstone, sulphur, and spelter may be henceforward carried on, will be punishable by confiscation of all goods concerned.
RULE VI.-Liability of Vessels entering Ports.-To the prevention of misunder- standing, it is agreed th it the term of twenty-four hours, within which British vessels must be reported to the Consul under Article XXXVII. of the Treaty of Tientsin, shall be understood to commence from the time a British vessel comes within the limits of the port; as also the term of forty-eight hours allowed her by Article XXX. of the same Treaty to remain in port without payment of tonnage dues.
The limits of the ports shall be defined by the Customs, with all consideration for the convenience of trade compatible with due protection of the revenue; also the limits of the anchorages within which lading and discharging is permitted by the Customs; and the same shall be notified to the Consul for public information.
BULE VII.-Transit Dues.-It is agreed that Article XXVIII. of the Treaty of Tientsin shall be interpreted to declare the amounts of transit-dues legally leviable upon merchandise imported or exported by British subjects, to be one-half of the tariff duties, except in the case of the duty-free goods liable to a transit duty of 21 per cent. ad valorem, as provided in Article 11. of these Rules. Merchandise shall be cleared of its transit dues under the following conditions:-
In the case of Imports.-Notice being given at the port of entry, from which the Imports are to be forwarded inland, of the nature and quantity of the goods, the ship from which they have been landed, and the place inland to which they are bound,
* NOTIFICATION
BRITISH Consulats, Shanghai, 24th March, 1862
Article IV. of Rule No 5 appended to the Tariff of 1858 is rescinded. Faise and bean-cake may be henceforth exported from Tungchow and Newchwang, and from all other ports in China open by Treaty, on the same terms and conditions as are applied to other Native produce by the Regulations bearing date the 5th December last; that is to say, they may be shipped on payment of Tariff duty at the p. rt of shipment, and dis- ebared at any Chinese port on payment of half-duty, with power to claim drawback of the half-duty if re-exported.
Dy Bek by
By order,
WALTER H. MEDHURST, Consul.
30
CHINESE CUSTOMS TARIFF-RULES
with all other necessary particulars, the Collector of Customs will, on due inspection made, and on receipt of the transit-duty due issue a transit-duty certificate. This must be produced at every barrier station, and viséd. No further duty will be leviable upon imports so certificated, no matter how distant the place of their destination.
In the case of Exports.-Produce purchased by a British subject in the interior will be inspected, and taken account of, at the first barrier it passes on its way to the port of shipment. A memorandum showing the amount of the produce and the port at which it is to be shipped will be deposited there by the person in charge of the produce; he will then receive a certificate, which must be exhibited and viséd at every barrier on his way to the port of shipment. On the arrival of the produce at the barrier nearest the port notice must be given to the Customs at the port, and the transit-dues due there in being paid, it will be passed. On exportation the produce will pay the tariff-duty.*
Any attempt to pass goods inwards or outwards otherwise than in compliance with rule here laid down will render them liable to confiscation.
Unauthorised sale, in transitu, of goods that have been entered as above for as port, will render them liable to confiscation. Any attempt to pass goods in excess of the quantity specified in the certificate will render all the goods of the same denomination, named in the certificate, liable to confiscation. Permission to export produce, which cannot be proved to have paid its transit-dues, will be refused by the Customs until the transit-dues shall have been paid. The above being the arrange- ment agreed to regarding the transit-dues, which will thus be levied once and for all, the notification required under Article XXVIII. of the Treaty of Tientsin, for the information of British and Chinese subjects, is hereby dispensed with.
RULE VIII.-Peking not open to Trade.-It is agreed that Article IX. of the Treaty of Tientsin shall not be interpreted as authorising British subjects to enter the capital city of Peking for purposes of trade.
RULE IX.-Abolition of the Meltage Fee.-It is agreed that the percentage of one tael two mace, hitherto charged in excess of duty payment to defray the expenses of melting by the Chinese Government, shall be no longer levied on British subjects.
RULE X.-Collection of Duties under one System at all Ports.-It being by Treaty at the option of the Chinese Government to adopt what means appear to it best suited to protect its revenue accruing on British trade, it is agreed that one uniform system shall be enforced at every port.
The high officer appointed by the Chinese Government to superintend foreign trade will, accordingly, from time to time, either himself visit, or will send a deputy to visit the different ports. The said high officer will be at liberty, of his own choice, and independently of the suggestion or nomination of any British authority, to select any British subject he may see fit to aid him in the administration of the Customs revenue, in the prevention of smuggling, in the definition of port boundaries, or in discharging the duties of harbour master; also in the distribution of lights, buoys, beacons, and the like, the maintenance of which shall be provided for out of the tonnage-dues.
The Chinese Government will adopt what measures it shall find requisite to prevent smuggling upon the Yang tsze-kiang, when that river shall be opened to trade.
Done at Shanghai, in the province of Kiang-su, this eighth day of November, in the year of our Lord eighteen hundred and fifty-eight, being the third day of the tenth moon of the eighth year of the reign of Hien Fung.
(L.8.)
ELGIN AND KINCARDINE.
(L.S.)
SIGNATURES OF FIVE CHINESE PLENIPOTENTIARIES.
See Chefoo Convention, Section III, Ar.icle IV.
Daiva By
RULES FOR JOINT INVESTIGATION IN CASES OF CONFISCATION
AND FINE BY THE CUSTOM HOUSE AUTHORITIES *
Agreed to and Promulgated by the British Minister at Peking, 31st May, 1868
RULE I.-It shall be the Rule for all business connected with the Custom House Department to be in the first instance transacted between the Commissioner of Customs and the Consul, personally or by letter; and procedure in deciding cases shall be taken in accordance with the following Regulations.
RULE II-Whenever a ship or goods belonging to a foreign merchant is seized in a port in China by the Custom House officers, the seizure shall be reported without delay to the Kien-tuh, or Chinese Superinten lent of Customs. If he considers the seizure justifiable, he will depute the Shwui-wu-sze, or foreign Commissioner of Customs, to give notice to the party to whom the ship or goods are declared to belong that they have been seized because such or such an irregularity has been committel, and that they will be confiscated, unless, before noon on a certain day being the sixth day from the delivery of the notice, the Custom House authorities receive from the Consul an official application to have the case fully investigated.
The merchant to whom the ship or goods belong, if prepared to maintain that the alleged irregularity has not been committed, is free to appeal, within the limited time, directly to the Commissioner, who is to inform the Superintendent. If satisfied with his explanation, the Superintendent will direct the release of the ship or goods; otherwise, if the merchant elect not to appeal to the Customs, or if after receiving his explanation the Superintendent still declines to release the ship or goods, he may appeal to his Consul, who will inform the Superintendent of the particulars of this appeal, and request him to name a day for them both to investigate and try the case publicly.
RULE III.-The Superintendent, on receipt of the Consul's communication, will name a day for meeting at the Custom House; and the Consul will direct the merchant to appear with his witnesses there on the day named and will himself on that day proceed to the Custom House. The Superintendent will invite the Consul to take his seat with him on the bench; the Commissioner of Customs will also be seated to assist the Superintendent.
Proceedings will be opened by the Superintendent, who will call on the Customs employés who seized the ship or goods to state the circumstances which occasioned the seizure, and will question them as to their evidence. Whatever the merchant may have to advance in contradiction of their evidence he will state to the Consul who will cross-examine them for him. Such will be the proceedings in the interest of truth and equity. The Consul and Superintendent may, if they see fit, appoint deputies to meet at the Custom House in their stead, in which case the order of proceeding will be the same as if they were present in person.
RULE IV.-Notes will be taken of the statements of all parties examined, a copy of which will be signed and sealed by the Consul and Superintendent. The room will then be cleared, and the Superintendent will inform the Consul of the course he proposes to pursue. If he proposes to confiscate the vessel or goods, and the Consul dissents, the merchant may appeal, and the Consul having given notice of the appeal to the Superintendent, they will forward certified copies of the above notes to Peking, -the former to his Minister, and the latter to the Foreign Office-for their decision.
If the Consul agrees with the Superintendent that the ship o goods ought to be confiscated, the merchant will not have the right of appeal; an in no case will the release of ship or goods entitle him to claim indemnity for their seizure, whether they be released after the investigation at the Custom House, or after the appeal to the high authorities of both nations at Peking.
RULE V.-The case having been referred to superior authority, the merchant interested shall be at liberty to give a bond, binding himself to pay the full value of
* Substituted for the Rules agreed upon in 1865 between the Chinese Government and Her Britannic "Majesty's Plenipotentiary.
32
RULES FOR JOINT INVESTIGATION
the ship or goods attached should the ultimate decision be against him; which bond being sealed with the Consular seal and deposited at the Custom House, the Super- intendent will restore to the merchant the ship or goods attached; and when the superior authorities shall have decided whether so much money is to be paid, or the whole of the property seized be confiscated, the merchant will be called on to pay accordingly. If he decline to give the necessary security, the ship or merchandise attached will be detained. But whether the decision of the superior authorities be favourable or not, the appellant will not be allowed to claim indemnity.
RULE VI.-When the act of which a merchant at auy port is accused is not one involving the confiscation of ship or cargo, but is one which, by Treaty or Regulation, is punished by fine, the Commissioner will report the case to the Superintendent, and at the same time cause a plaint to be entered in the Consular Court. The Consul will fix the day of the trial, and inform the Cominissioner that he may then appear with the evidence and the witnesses in the case. And the Commissioner, either personally or by deputy, shall take his seat on the bench, and conduct the case on behalf of the prosecution.
When the Treaty or Regulations affix a specific fine for the offence, the Consul shall on conviction give judgment for that amount, the power of mitigating the sentence resting with the Superintendent and Commissioner. If the defendant is acquitted, and the Commissioner does not demur to the decision, the ship or goods, if any be under seizure, shall at once be r leased, and the circumstances of the case be communicated to the Superintendent. The merchant shall not be put to any expense by delay, but he shall have no claim for compensation on account of hindrance in his business, for loss of interest, or for demurrage. If a difference of opinion exist between the Commissioner and Consul, notice to that effect shall be given to the Superintendent, and copies of the whole proceedings forwarded to Peking for the consideration of their respective high authorities. Peuding their decision, the owner of the property must file a bond in the Consular Court to the full value of the posed fine, which will be sent to the Custom House authorities by the Consul, and the goods or ship will be released.
pro-
RULE VII-If the Custom House authorities and Consul cannot agree as to whether certain duties are leviable or not, action must be taken as Rule V. directs, and the merchant must sign a bond for the value of the duties in question. The Consul will affix his seal to this document, and send it to the Custom House autho- rities, when the Superintendent will release the goods without receiving the duty; and these two functionaries will respectively send statements of the case to Peking,- one to his Minister, the other to the Foreign Office.
If it shall be decided there that no duty shall be levied, the Custom House authorities will return the merchant's bond to the Consul to be cancelled; but if it be decided that a certain amount of duty is leviable, the Consul shall require the merchant to pay it in at the Custom House.
RULE VIII.-If the Consul and the Custom House authorities cannot agree as to whether confiscation of a ship, or a cargo, or both of them together, being the property of a foreign merchant, shall take place, the case must be referred to Peking for the decision of the Foreign Office and the Minister of his nation. Pending their decision, the merchant must, in accordance with Rule V., sign a bond for the amount, to which the Consul will affix his seal, and send it for deposit at the Custom House. As difference of opinion as to the value [of ship or goods] may arise, the valuation of the merchant will be decisive; and the Custom House authorities may, if they see fit, take over either at the price aforesaid.
If after such purchase it be decided that the property seized ought to be confiscated, the merchant must redeem his bond by paying in at the Custom House the original amount of the purchase-money. If the decision be against confiscation, the bond will be returned to the Consul for transmission to the merchant, and the case then be closed. The sum paid by the Custom House authorities or ship or goods being regarded as their proper price, it will not be in the merchant's power, by a tender of the purchase-money, to recover them.
De beway
THE CHEFOO CONVENTION;
WITH ADDITIONAL ARTICLE THERETO FOR REGULATING THE
TRAFFIC IN OPIUM
SIGNED, IN THE English and Chinese Languages, at CHEFOO, 13TH SEPTEMber, 1876
Ratifications exchanged at London, 6th May, 1886
Agreement negotiated between Sir Thomas Wade, K.C.B., Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of China, and Li, Minister Plenipotentiary of His Majesty the Emperor of China, Senior Grand Secretary, Governor-General of the Province of Chih-li, of the First Class of the Third Order of Nobility.
The negotiation between the Ministers above named has its origin in a despatch received by Sir Thomas Wade, in the Spring of the present year, from the Earl of Derby, principal Secretary of State for Foreign Affairs, dated 1st January, 1876. This contained instructions regarding the disposal of three questions: first, a satis- factory settlement of the Yunnan affair; secondly, a faithful fulfilment of engagements of last year respecting intercourse between the high officers of the two Governments; thirdly, the adoption of a uniform system in satisfaction of the understanding arrived at in the month of September, 1875 (8th mcon of the 1st year of the reign Kwang Su), on the subject of rectification of conditions of trade. It is to this despatch that Sir Thomas Wade has referred himself in discussions on these questions with the Tsung-li Yamên, further reference to which is here omitted as superfluous. The conditions now agreed to between Sir Thomas Wade and the Grand Secretary are as follow:
SECTION I.-Settlement of the Yünnan Case.
1.-A Memorial is to be presented to the Throne, whether by the Tsung-li Yamên or by the Grand Secretary Li is immaterial, in the sense of the memorandum prepared by Sir Thomas Wade. Before presentation the Chinese text of the Memorial is to be shown to Sir Thomas Wade.
2.--The Memorial having been presented to the Throne, and the Imperial Decree in reply received, the Tsung-li Yamên will communicate copies of the Memorial and Imperial decree of Sir Thomas Wade, together with copy of a letter from the Tsung-li Yamên to the Provincial Governments, instructing them to issue a proclama- tion that shall embody at length the above Memorial and Decree. Sir Thomas Wade will thereon reply to the effect that for two years to come officers will be sent by the British Minister to different places in the provinces to see that the proclamation is posted. On application from the British Minister or the Consul of any port instructed by him to make application, the high officers of the provinces will depute competent officers to accompany those so sent to the places which they go to observe.
3.-In order to the framing of such regulations as will be needed for the conduct of the frontier trade between Burmah and Yunnan, the Memorial submitting the proposed settlement of the Yunnan affair will contain a request that an Imperial Decree be issued directing the Governor-General and Governor, whenever the British Government shall send officers to Yünnan, to select a competent officer of rank to -confer with them and to conclude a satisfactory arrangement.
Bytes by
3-4 Original ro:
34
THE CHEFOO CONVENTION
4. The British Government will be free for five years, from the 1st January next, being the 17th day of the 11th moon of the 2nd year of the reign of Kwang Su, to station officers at Ta-li Fu, or at some other suitable place in Yunnan, to observe the conditions of trade; to the end that they may have information upon which to base the regulations of trade when these have to be discussed. For the consideration and adjustment of any matter affecting British officers or subjects, these officers will be free to address themselves to the authorities of the province. The opening of the trade may be proposed by the British Government as it may find best at any time within the term of five years, or upon expiry o! the term of five years.
Passports having been obtained last year for a Mission from India into Yunnan, it is open to the Viceroy of India to send such Mission at any time he may see fit.
5.-The amount of indemnity to be paid on account of the families of the officers and others killed in Yünnan, on account of the expenses which the Yunnan case has occasione 1, and on account of claims of British merchants arising out of the action of officers of the Chinese Government up to the commencement of the present year, Sir Thomas Wade takes upon himself to fix at two hundred thousand taels, payable on demand.
6. When the case is closed an Imperial letter will be written expressing regret for what has occurred in Yunnan. The Mission bearing the Imperial letter will proceed to England immediately. Sir Thomas Wade is to be informed of the constitution of this Mission for the information of his Government. The text of the Imperial letter is also to be communicated to Sir Thomas Wade by the Tsung-li Yamên.
SECTION II.-Official Intercourse.
Under this heading are included the conditions of intercourse between high officers in the capital and the provinces, and between Consular officers and Chinese officials at the ports; also the conduct of judicial proceedings in mixed cases.
1. In the Tsung-li Yamên's Memorial of the 28th September, 1875, the Prince of Kung and the Ministers stated that their object in presenting it had not been simply the transaction of business in which Chinese and Foreigners might be concerned; missions abroad and the question of diplomatic intercourse lay equally within their prayer.
To the prevention of further misunderstanding upon the subject of intercourse and correspondence, the present conditions of both having caused complaint in the capital and in the provinces, it is agreed that the Tsung-li Yamén shall address a circular to the Legations, inviting Foreign Representatives to consider with them a code of etiquette, to the end that foreign officials in China, whether at the ports or elsewhere, may be treated with the same regard as is shown them when serving abroad in other countries and as would be shown to Chinese agents so serving abroad. The fact that China is about to establish Missions and Consulates abroad renders an understanding on these points essential.
2.-The British Treaty of 1858, Article XVI., lays down that "Chinese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by Chinese authorities according to the laws of China.
"British subjects who may commit any crime in China shall be tried and punished by the Consul, or any other public functionary authorised thereto, according to the laws of Great Britain.
66
Justice shall be equitably and impartially administered on both sides."
The words "functionary authorised thereto" are translated in the Chinese text "British Government."
In order to the fulfilment of its Treaty obligation, the British Government has established a Supreme Court at Shanghai, with a special code of rules, which it is now about to revise. The Chinese Government has established at Shanghai a Mixed Court; but the officer presiding over it, either from lack of power or dread of unpopularity, constantly fails to enforce his judgments.
It is now understood that the Tsung-li Yamên will write a circular to the Lega- tions, inviting Foreign Representatives at once to consider with the Tsung-li Yamên
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THE CHEFOO CONVENTION
35
the n easures needed for the more effective administration of justice at the Ports open to Trade.
3.-It is agreed that, whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the op en ports, the British Minister shall be free to send officers to the spot to be present at the investigation.
To the prevent on of misundersanding on this point, Sir Thomas Wade will write a Note to the above effect, to which the Tsung-li Yamên will reply, affirming that this is the course of proceeding to be adhered to for the time to come.
It is further understood that so long as the laws of the two countries differ from each other, there can be but one principle to guide judiciai proceedings in mixed cases in China, namely, that the case is tried by the official of the defendant's nationality; the official of the plaintiff's nationality merely attending to watch the proceedings in the interest of justice. If the officer so attending be dissatisfied with the proceedings, it will be in his power to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case. This is the meaning of the words hui t'ung, indicating combined action in judicial proceedings, in Article XVI. of the Treaty of Tientsin; and this is the course to be respectively followed by the officers of either nationality.
SECTION III.-Trade.
1. With reference to the arca within which, according to the treaties in force, lekin ought not to be collected on foreign goods at the open ports, Sir Thomas Wade agrees to move his Government to allow the ground rented be foreigners (the so-called Concessions) at the different ports, to be regarded a、 the area of exemption from lekin; and the Government of China will thereupon allow I-ch'ang, in the province of Hu-pi; Wu-hu, in An-hui; Wen-chôw, in Che-kiang; and Pe:-hai (Pak-hoi), in Kwang-tung to be added to the number of ports open to trade and to become Consular stations. The British Government, will farther, be free to send officers to reside at Ch'ung-k'ing to watch the conditions of British trade in Ssu-ch'uen, British merchants will not be allowed to reside at Ch'ung-k'ing, or to open establish- ments or warehouses there, so long as no steamers have access to the port. When steamers have succeeded in ascending the river so far, further arrangements can be taken into consideration.
It is further proposed as a measure of compromise that at certain points on the shore of the Great River, namely, Ta-t'ung and Ngan-Ching in the province of An- bui; Ho-Kou, in Kiang-si; Wu-such, Lu-chi kou, and Sha-shih in Hu-Kwang; these being all places of trade in the interior, at which, as they are not open ports, foreign merchants are not legally authorised to land or ship goodg, steamers shall be allowed to touch for the purpose of landing or shipping passengers or goods; but in all instances by means of native boats only, and subject to the regulations in force affecting native trade.
Produce accompanied by a half-duty certificate may be shipped at such points by the steamers, but may not be landed by them for sale. And at all such points, except in the ca-e of imports accompanied by a transit duty certificate or exports similarly certificated, which will be severally passed free of lekin on exhibition of such certificates, lekin will be duly collected on all goods whatever by the native authorities. Foreign merchants will not be authorised to reside or open houses of business or warehouses at the places enumerated as ports of call.
2.-At all ports open to trade, whether by earlier or later agreement, at which no settlement area has been previously defined, it will be the duty of the British Consul, acting in concert with his colleagues, the Consuls of other Powers, to come to an understanding with the local authorities regarding the definition of the foreign settlement area.
3.-On Opium, Sir Thomas Wade will move his Government to sanction an arrangement different from that affecting other imports. British merchants, when opium is brought into port, will be obliged to have it taken cognisance of by the Customs, and deposited in bond, either in a warehouse or a receiving hulk, until such time as there is a ale for it. The importer will then pay the tariff duty upon it,
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86
THE CHEFOO CONVENTION
and the purchasers the lekin; in order to the prevention of evasion of the treaty. The amount of lekin to be collected will be decided by the different Provincial Govern- ments according to the circumstances of each.
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4. The Chinese Government agree that Transit Duty Certificates shall be framed under one rule at all porte, no difference being mad in the conditions set forth therein; and that, so far as imports are concerned, the nationality of the person possessing and carrying these is immaterial. Native produce carried from an inland centre to a port of shipment, if bond fide intend d for shipment to a foreign port, may be, by treaty, certified by the British subject interested, and exempted by payment of the half duty from all charges demanded upon it en route. If produce be not the property of a British subject, or is being carried to a port not for exportation, it is no entitled to the exemption that would be secured it by the exhibition of a transit duty certificate. The British Minister is prepared to agree with the Tsung-li Yamên upon rules that will secure the Chinese Government against abuse of the privilege as affecting produce.
The words nei-ti, inland, in the clause of Article VII. of the Rules appended to- the Tariff, regarding carriage of imports inland, and of native produce purchased inland, apply as much to places on the sea coasts and river shores, as to places in the interior not open to foreign trade; the Chinese Government having the right to make. arrangements for the prevention of abuses thereat.
5.-Article XLV. of the Treaty of 1858 prescribed no limit to the term within. which a drawback may be claimed upon duty paid imports. The British Minister agrees to a term of three years, after expiry of which no drawback shall be claimed.
6. The foregoing stipulation, that certain ports are to be opened to foreign tra le,. and that landing and shipping of goods at six places on the Great River is to be sanctioned, shall be given effect to within six months after receipt of the Imperial Decree approving the memorial of the Grand Secretary Li. Th date for giving effect to the stipulations affecting exemption of imports from lekin taxation within the foreign settlements and the collection of lekin upon opium by the Customs Inspec- torate at the same time as the Tariff Duty upon it, will be fixed as soon as the British Government has arrived at an understanding on the subject with other foreign. Governments.
7.-The Governor of Hongkong having long complained of the interference of the Canton Customs Revenue Cruisers with the junk trade of that C›lony, the Chinese Government agrees to the appointment of a Commission, to consist of a British Consul, an officer of the Hongkong Government, and a Chinese official of equal rank, in order to the establishment of some system that shall enable the Chinese Government to. protect its revenue without prejudice to the interests of the Colony.
Separate Article.
Her Majesty's Government having it in contemplation to send a Mission of Exploration next year by way of Peking through Kan-su and Koko-Nor, or by way of Ssu-chuen, to Thibet, and thence to India, the Tsung-li Yamên, having due regard to the circumstances, will, when the time arrives, issue the necessary passports, and will address letters to the high provincial authorities and to the Resident in Thibet.. If the Mission should not be sent by these routes, but should be proceeding across the Indian frontier to Thibet, the Tsung-li Yamên, on receipt of a communication to the above effect from the British Minister, will write to the Chinese Resident in Thibet, and the Resident, with due regard to the circumstances, will send officers to take due care of the Mission; and passports for the Mission will be issued by the Tsung-li Yamên, that its passage be not obstructed.
Done at Chefoo, in the province of Sau-tung, this Thirteenth Day of September, in the year of Our Lord One Thousand Eight Hundred and Seventy-six.
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[L.S.]
THOMAS FRANCIS WADE.
[L.S.]
LI HUNG-CHANG.
THE CHEFOO CONVENTION
Additional Articles to the Agreement between Great Britain and China
Signed at Chefoo on the 13th September, 1876.
SIGNED AT LONDON, 18th July, 1885.
87
The Governments of Great Britain and of China, considering that the arrange- ments proposed in clauses 1 and 2 of Section III. of the Agreement between Great Britain and China, signed at Chefoo on the 13th September, 1876 (hereinafter referred to as the "Chefoo Agreement"), in relation to the area within which li-kin ought not to be collected ou foreign goods at the open ports, and to the definition of the Foreign Settlement area, require further consideration; also that the terms of clause 3 of the same section are not sufficiently explicit to serve as an efficient regula- tion for the traffic in opium, and recognizing the desirability of placing restrictions on the consumption of opium, have agreed to the present Additional Article.
1.-As regards the arrangements above referred to and proposed in clauses 1 and 2 of Section III. of the Cheloo Agreement, it is agreed that they shall be reserved for further consideration between the two Goveruments.
2.-In lieu of the arrangement respecting opium proposed in clause 3 of Section III. of the Chefoo Agreement, it is agreed that foreign opium, when imported into China, shall be taken cognizance of by the Imperial Maritime Customs, and shall be deposited in bond, either in warehouses or receiving-hulks which have been approved of by the Customs, and that it shall not be removed thence until there shall have been paid to the Custoins the Tariff duty of 30 taels per chest of 100 catties, and also a sum not exceeding 80 taels per like chest as li-kin.
3.-It is agreed that the aforesaid import and li-kin duties having been paid, the owner shall be allowed to have the opium repacked in bond under the supervision of the Customs, and put into packages of such assortel sizes as he may select from such sizes as shall have been agreed upon by the Customs authorities and British Cousul at the port of entry.
The Customs shall then, if required, issue gratuitously to the owner a transit cer- tificate for each such package, or one for any number of packages, at option of the owner.
Such certificate shall free the opium to which it applies from the imposition of any further tax or duty whilst in transport in the interior, provided that the package has not been opened, and that the Customs seals, marks, and numbers on the packages have not been effaced or tampered with.
Such certificates shall have validity only in the hands of Chinese subjects, and shall not enti le foreigners to convey or accompany any opium in which they may be interested into the interior.
4.-It is agreed that the Regulations under which the said certificates are to be issued shall be the same for all the ports, and that the form shall be as follows:-
Opium Transit Certificate.
"
"This is to certify that Tariff and li-kin duties at the rate of taels per chest of 100 catties have been paid on the opium marked and numbered as under; and that, in conformity with the Additional Article signed at London the 18th July, 1885, and appended to the Agreement between Great Britain and China signed at Chefoo the 13th September, 1876, and approved by the Imperial Decree printed on the back thereof, the production of this certificate will exempt the opium to which it refers, wherever it may be found, from the imposition of any further tax or duty whatever, provided that the packages are unbroken, and the Customs seals, marks, and numbers have not been effaced or tampered with.
"Mark,
X
No.
00 packages
"Port of entry,
"Date
Signature of Commissioner of Customs."
5.-The Chinese Government undertakes that when the packages shall have been opened at the place of consumption, the opium shall not be subjected to any tax or
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THE CHEFOO CONVENTION
contribution, direct or indirect, other than or in excess of such tax or contribution as is or may hereafter be levied on native opium.
In the event of such tax or contribution being calculated ad valorem, the same rate, value for value, shall be assessed on foreign and native opium, and in ascertaining for this purpose the value of foreigu opium the amount paid on it for li-kin at the port of entry shall be deducted from its market value.
6. It is agreed that the present Additional Article shall be considered as forming part of the Chefoo Agreement, and that it shall have the same force and validity as if it were inserted therein word for word.
It shall come into operation six months after its signature, provided the ratifica- tions have then been exchanged, or if they have not, then on the date at which such exchange takes place.
7.-The arrangement respecting opium contained in the present Additional Article shall remain binding for four years, after the expiration of which period either Government may at any time give twelve months' notice of its desire to determine it, and such notice being given, it shall terminate accordingly.
It is, however, agreed that the Government of Great Britain shall have the right to terminate the same at any time should the transit certificate be found not to confer on the opium complete exemption from all taxation whatsoever whilst being carried from the port of entry of the place of consumption in the interior.
In the event of the termination of the present Additional Article the arrange- ment with regard to opium now in force under the regulations attached to the Treaty of Tientsin shall revive.
8.-The High Contracting Parties may, by common consent, adopt any modifica tions of the provisions of the present Additional Article which experience may show to be desirable.
9.-It is understood that the Commission provided for in clause 7 of Section III. of the Chefoo Agreement to inquire into the question of prevention of smuggling into China from Hongkorg shall be appointed as soon as possible.
10.-The Chefoo Agreement, together with, and as modified by, the present Additional Article, shall be ratified, and the ratifications shall be exchanged at London as soon as possible.
In witness whereof the Undersigned, duly authorized thereto by their respective Governments, have signed the present Additional Article, and have affixed thereto their seals.
Done at London, in quadruplicate (two in English and two in Chinese), this 18th day of July, 1885, being the seventh dax of the sixth moon in the eleventh year of the reign of Kwang-su.
My Lord,
(L.S.) (L.S.)
SALISBURY. TSENG.
The Marquis Tseng to the Marquis of Salisbury.
Chinese Legation, London, 18th July, 1885.
In reply to your Lordship's note of this date, I have the honour to state that the Imperial Government accept the following as the expression of the understanding which has been come to between the Governments of Great Britain and China in regard to the Additional Article to the Chefoo Agreement relative to opium, which has been signed this day :-
1.-It is understood that it shall be competent for Her Majesty's Government at once to withdraw from his new arrangement, and to revert to the system of taxation for opium at present in operation in China, in case the Chinese Government shall fail to bring the other Treaty Powers to conform to the provisions of the said Additional Article.
2. It is further understood that, in the event of the termination of the said Additional Article, the Chefoo Agreement, with the exception of clause 3 of Section III., and with the modifications stipulated in clause 1 of the said Additional Article, shall nevertheless remain in force.
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THE OPIUM CONVENTION
Memorandum of the basis of Agreement arrived at after discussion between Mr. James Russell, Puisne Judge of Hongkong; Sir Robert Hart, K.C.M.G., Inspector- General of Customs, and Shao Taotai, Joint Commissioners for China; and Mr. Byron Brenan, Her Majesty's Consul at Tientsin, in pursuance of Article 7 Section III. of the Agreement between Great Britain and China, signed at Chefoo on the 15th September, 1876, and of Section 9 of the Additional Article to the said Agreement, signed at London on the 18th July, 1885.
Mr. Russell undertakes that the Government of Hongkong shall submit to the Legislative Council an Ordinance* for the regulation of the trade of the Colony in Raw Opium subject to conditions hereinafter set forth and providing :- 1.-For the prohibition to the import and export of Opium in quantities less than 1 chest. 2.-For rendering illegal the possession of Raw Opium, its custody or control, in quan-
tities less than one chest, except by the Opium Farmer.
3.-That all Opium arriving in the Colony be reported to the Harbour Master, and that no Opium shall be transhipped, landed, stored or moved from one store to another, or re- exported without a permit from the Harbour Master, and notice to the Opium Farmer. 4-For the keeping by Importers, Exporters, and Godown Owners, in such form as
the Governor may require, books shewing the movements of Opium.
5. For taking stock of quantities in the stores, and search for deficiencies by the
Opium Fariner, and for furnishing to the Harbour Master returns of stocks. 6. For amendment of Harbour Regulations, as to the night clearances of junks.
The condi ions on which it is agreed to submit the Ordinance are :- 1.-That China arranges with Macao for the adoption of equivalent measures. 2. That the Hongkong Government shall be entitled to repeal the Ordinance if it be found to be injurious to the Revenue or to the legitimate trade of the Colony. 3. That an Office under the Foreign Inspectorate shall be established on Chinese Territory at a convenient spot on the Kowloon side for sale of Chinese Opium Duty Certificates, which shall be freely sold to all comers, and for such quantities of Opium as they may require.
4.-That Opium accompanied by such certificates, at the rate of not more than Tls. 110 per picul, shall be free from all further imposts of every sort, an l have all the benefits stipulated for by the Additional Article on behalf of Opium on which duty has been paid at one of the ports of China, and that it may be made up in sealed parcels at the option of the purchaser.
5. That junks trading between Chinese ports and Hongkong and their cargoes shall not be subject to any dues or duties in excess of those leviable on junks and their cargoes trading between Chinese ports and Macao, and that no dues whatsoever shall be demanded from junks coming to Hongkong from ports in China, or pro- ceeding from Hongkong to ports in China, over and above the dues paid or payable at the ports of clearance or destination.
6.-That the Officer of the Foreign Inspectorate, who will be responsible for the management of the Kowloon Office, shall investigate and settle any complaints made by the junks trading with Hongkong against the Native Customs Revenue Stations or Crui-ers in the neighbourhood, and that the Governor of Hongkong, if he deems it advisable, shall be entitled to send a Hongkong Officer to be present at and assist in the investigation and decision.
If, however, they do not agree a reference may be made to the Authorities at Peking for joint decision.
Sir Robert Hart undertakes on behalf of himself and Shao Taotai (who was com- pelled by unavoidable circumstances to leave before the sittings of the Commission were terminated) that the Chinese Government shall agree to the above conditions.
The undersigned are of opinion that if these arrangements are fully carried out, a fairly satisfactory solution of the questions connected with the so-called "Hong- kong Blockade" will have been arrived at.
Si ned in triplicate at Hongkong, this 11th day of September, 1886.
• Dee Uruidance Divf 8.
† A modification allowing export in smaller quantities than one cheat was subsequently agreed.
THE CHUNGKING AGREEMENT.
ADDITIONAL ARTICLE TO THE AGREEMENT BETWEEN GREAT BRITAIN AND CHINA OF SEPTEMBER 13тн, 1876
SIGNED AT PEKING, 31ST MArch, 1890
Ratifications Exchanged at Peking, 18th January, 1891
The Governments of Great Britain and China, being desirous of settling in an amicable spirit the divergence of opinion which has arisen with respect to the first clause of the third section of the Agreement concluded at Chefoo in 1876, which stipulates that "The British Government will be free to send officers to reside at Chungking to watch the conditions of British trade in Szechuan, that British mer- chants will not be allowed to reside at Chungking, or to open establishments or warehouses there, so long as no steamers have access to the port, and that when steamers have succeeded in ascending the river so far, further arrangements can be taken into consideration," have agreed upon the following Additional Article:---
I.-Chungking shall forthwith be declared open to trade on the same footing as any other Treaty port. British subjects shall be at liberty either to charter Chinese vessels or to provide vessels of the Chinese type for the traffic between Ichang and Chungking.
II.-Merchandize conveyed between Ichang and Chungking by the above class of vessels shall be placed on the same footing as merchandize carried by steamer between Shanghai and Ichang, and shall be dealt with in accordance with Treaty, Tariff Rules, and the Yangtsze Regulations.
III.-All regulations as to the papers and flags to be carried by vessels of the above description, as to the repackage of goods for the voyage beyond Ichang, and as to the general procedure to be observed by those engaged in the traffic between Ichang and Chungking with a view to insuring convenience and security, shall be drawn up by the Superintendent of Customs at Ichang, the Taotai of the Ch'uan Tung Circuit, who is now stationed at Chungking, and the Commissioners of Customs in consultation with the British Consul, and shall be liable to any modifications that may hereafter prove to be desirable and may be agreed upon by common consent.
IV.-Chartered junks shall pay port dues at Ichang and Chungking in accor- dance with the Yangtsze Regulations; vessels of Chinese type, if and when entitled to carry the British flag, shall pay tonnage dues in accordance with Treaty Regulations. It is obligatory on both chartered junks and also vessels of Chinese type, even when the latter may be entitled to carry the British flag, take out at the Maritime Custom-house special papers and a special flag when intended to be employed by British subjects in the transport of goods between Ichang and Chungking, and without such papers and flag no vessels
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THE CHUNGKING AGREEMENT
41
of either class shall be allowed the privileges and immunities granted under this Additional Article. Provided with special papers and flag, vessels of both classes shall be allowed to ply between the two ports, and they and their cargoes shall be dealt with in accordance with Treaty Rules and the Yangtsze Regulations All other vessels shall be dealt with by the Native Customs. The special papers and flag issued by the Maritime Customs must alone be used by the particular vessel for which they were originally issued, and are not transferable from one vessel to another. The use of the British flag by vessels the property of Chinese is strictly prohibited. Infringement of these Regulations will, in the first instance, render the offender liable to the penalties in force at the ports hitherto opened under Treatk, and should the offence be subsequently repeated, the vessel's special papers and flag will be withdrawn, and the vessel herself refused permission thenceforward to trade between Ichang and Chungking.
Art. V. When once Chinese steamers carrying cargo run to Chungking, British steamers shall in like manner have access to the said port.
Art. VI.-It is agreed that the present Additional Article shall be considered as forming part of the Chefoo Agreement, and as having the same force and validity as if it were inserted therein word for word. It shall be ratified, and the ratifications exchanged at Peking, and it shall come into operation six months after its signature, provided the ratifications have then been exchanged, or if they have not, then on the date at which such exchange takes place.
Done at Peking in triplicate (three in English and three in Chinese), this thiry-first day of March, in the year of our Lord one thousand eight hundred and ninety, being the eleventh day of the Second Intercalary Moon of the sixteenth year of Kuang Hsü.
(L.8.) (L.S.)
JOHN WALSHAM. (SIGNATURE OF CHINESE
PLENIPOTENTIARY.)
FRANCE
[ TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION
BETWEEN FRANCE AND CHINA
SIGNED, IN THE FRENCH AND CHINESE LANGuages, at TIENTSIN, 27TH JUNE, 1858
Ratifications Exchanged at Peking, 25th October, 1860
His Majesty the Emperor of the French and His Majesty the Emperor of China, being desirous to put an end to the existing misunderstanding between the two Empires, and wishing to re-establish and improve the relations of friendship, com- merce, and navigation between the two powers, have resolved to conclude a new treaty based on the common interest of the two countries, and for that purpose have named as their plenipotentiaries, that is to say:-
His Majesty the Emperor of the French, Baron Gros, Grand Officer of the Legion of Honour, Grand Cross of the Order of the Saviour of Greece, Commander of the Order of the Conception of Portugal, &c., &c., &c.
And His Majesty the Emperor of China, Kweiliang, Imperial High Commis- sioner of the Ta-Tsing Dynasty, Grand Minister of the East Palace, Director-General of the Council of Justice, &c., &c., &c.; and Hwashana, Imperial High Commissioner of the Ta-Tsing Dynasty, President of the Board of Finance, Gederal of the Bordere d Blue Banner of the Chinese Banner Force, &c., &c., &c.;
Who, having exchanged their full powers, which they have found in good and due form, have agreed upon the following Articles:
Art. I.-There shall be perpetual peace and friendship between His Majesty the Emperor of the French and His Majesty the Emperor of China, and between the subjects of the two Empires, two shall enjoy equally in the respective states of the nigh contracting parties full and entire protection for their persons and property.
Art. II.-In order to maintain the peace so happily re-established between the two empires it has been agreed between the high contracting parties that, following in this respect the practice amongst Western nations, the duly accredited diplomatic agents of His Majesty the Emperor of the French of His Majesty the Emperor of China shall have the right of resorting to the capital of the empire when important affairs call them there. It is agreed between the high contracting parties that if any one of the powers having a treaty with China obtains for its diplomatic agents the right of permanently residing at Peking, France shall immediately enjoy the same right.
The diplomatic agents shall reciprocally enjoy, in the place of their residence, the privileges and immunities accorded to them by international law, that is to say, that their persons, their families, their houses, and their correspondence, shall be inviolable, that they may take into their service such employés, couriers, interpreters, servants, &c., &c., as shall be necessary to them.
The expense of every kind occasioned by the diplomatic mission of France in China shall be defrayed by the French Government. The diplomatic agents whom
TREATY BETWEEN FRANCE AND CHINA
it shall please the Emperor of China to accredit to His Majesty the Emperor of the French, shall be received in France with all the honours and prerogatives which the diplomatic agents of other nations accredited to the court of His Majesty the Emperor of the French enjoy.
Art. III.-The official communications of the French diplomatic and consular agents with the Chinese authorities shall be written in French, but shall be accom- panied, to facilitate the service, by a Chinese translation, as exact as possible, until Buch time as the Imperial Government at Peking, having interpreters speaking and writing French correctly, diplomatic correspondence shall be conducted in this language by the French agents and in Chinese by the officers of the empire, It is agreed that until then, and in case of difference in the interpretation, in reference to the French text and Chinese text of the clauses heretofore agreed upon in the conventions made by common accord, it shall always be the original text and not the translation which shall be held correct. This provision applies to the present treaty, and in the communications between the authorities of the two countries it shall always be the original text, not the translation, which shall be held correct.
Art. IV. Henceforth the official correspondence between the authorities and the officers of the two countries shall be regulated according to their respective ranks and conditions and upon the basis of the most absolute reciprocity. This correspondence shall take place between the high French officers and high Chinese officers, in the capital or elsewhere, by dispatch or communication; between the French sub- ordinate officers and the high authorities in the provinces, on the part of the former by statement, and on the part of the latter by declaration.
Between the officers of lower rank of the two nations, as above provided, on the footing of a perfect equality.
Merchants and generally all persons not having an official character shall on both sides use the form of representation in all documents addressed to or intended for the notice of the respective authorities.
Whenever a French subject shall have recourse to the Chinese authority, his representation shall first be submitted to the Consul, who, if it appears to him reasonable and properly addressed, shall forward it; if it be otherwise, the Consul shall cause the tenour to be modified or refuse to transmit it. The Chinese, on their part, when they have to address a consulate, shall follow a similar course towards the Chinese authority, who shall act in the same manner.
Art. V. His Majesty the Emperor of the French may appoint Consuls or Con- sular Agents in the coast and river ports of the Chinese empire named in Article VI. of the present treaty to conduct the business between the Chinese authorities and French merchants and subjects and to see to the strict observance of the stipulated rules. These officers shall be treated with the consideration and regard which are due to them. Their relations with the authorities of the place of their residence shall be established on the footing of the most perfect equali y. If they shall have to complain of the proceedings of the said authorities, they may address the superior authority of the province direct, and shall immediately advise the Minister Plenipo- tentiary of the Emperor thereof.
In case of the absence of the French Consul, captains and merchants shall be at liberty to have recourse to the intervention of the Consul of a friendly power, or, if this be impossible, they shall have recourse to the chief of the Customs, who shall advise as to the means of assuring to the said captains and merchants the benefits of the present treaty.
Art. VI.-Experience having demonstrated that the opening of new ports to foreign commence is one of the necessities of the age, it has been agreed that the ports of Kiung-chow and Chao-chow in the province of Kwangtung, Taiwan and Tamsui in the island of Formosa (province of Fohkien), Tang-chow in the pro- vince of Shantung, and Nanking in the province of Kiangsu, shall enjoy the same privileges as Canton, Shanghai, Ningpo, Amoy, and Foocohow. With regard to
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TREATY BETWEEN FRANCE AND CHINA
Nanking, the French agents in China shall not deliver passports to their nationals for this city until the rebels have been expelled by the Imperial troops.
Art. VII.--French subjects and their families may establish themselves and trade or pursue their avocations in all security, and without hindrance of any kind, in the ports and cities enumerated in the preceding article.
They may travel freely between them if they are provided with passports, but it is expressly forbidden to them to trade elsewhere on the coast in search of clandestine markets, under pain of confiscation of both the ships and goods used in such operations, and this confiscation shall be for the benefit of the Chinese Govern- ment, who, however, before the seizure and confiscation can be legally pronounced, must advise the French Consul at the nearest port.
Art. VIII.-French subjects who wish to go to interior towns, or ports not open to foreign vessels, may do so in all security, on the express condition that they are provided with passports written in French and Chinese, legally delivered by the diplomatic agents or consuls of France in China and vised by the Chinese authorities.
In case of the loss of his passport, the French subject who cannot present it when it is legally required of him, shall, if the Chinese authorities of the place refuse hiu permission to remain a sufficient time to obtain another passport from the Consul, be conducted to the nearest consulate and shall not be maltreated or insulted in any wap.
As is stipulated in the former treaties, French subjects resident or sojourning in the ports open to foreign trade may travel without passports in their immediate neighbourhood and there pursue their occupations as freely as the natives, but they must not pass certain limits which shall be agreed upon between the Consul and the local authority. The French agents in China shall deliver passports to their nationals only for the places where the rebels are not established at the time the passport shall be demanded.
These passports shall be delivered by the French authorities only to persons who offer every desirable guarantee.
Art. IX.-All changes made by common consent with one of the signatory powers of the treaties with China on the subject of amelioration of the tariff now in force, or which mao hereafter be in force, as also all rights of customs, tonnage, importation, transit, and exportation, shall be immediately applicable to French trade and mer- chants by the mere fact of their being placed in execution.
Art. X.-Any French subject who, conformably to the stipuiations of Article VI. of the present treaty, shall arrive at one of the ports open to foreign trade, may, whatever may be the length of his sojourn, rent houses and warehouses for the disposal of his merchandise, or lease land and himself build houses and warehouses. French subjects may, in the same manner, establish churches, hospitals, religious houses, schools, and cemeteries. To this end the local authority, after having agreed with the Consul, shall designate the quarters most suitable for the residence of the French and the sites on which the above mentioned structures may have place.
The terms of rents and leases shall be freely discussed between the interested parties and regulated, as far as possible, according to the average local rates.
The Chinese authorities shall prevent their nationals from exacting or requiring exorbitant prices, aud the Consul on his side shell see that French subjects use no violence or constraint to force the consent of the proprietors. It is further under- stood that the number of houses and the extent of the ground to be assigned to French subjects in the ports open to foreign trade shall not be limited, and that they shall be determined according to the needs and convenience of the parties. If Chinese subjects injure or destroy French churches or cemeteries, the guilty parties shall be punished with all the rigour of the laws of the country.
Art. XI.-French subjects in the ports open to foreign trade may freely engage, on the terms agreed upon between the parties, or by the sole intervention of the Consul, compradores, interpreters, clerks, workmen, watermen, and servants. They shall also have the right of engaging teachers in order to learn to speak and write
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the Chinese language and any other language or dialect used in the empire, as also to secure their aid in scientific or literary works. Equally they may teach to Chinese subjects their own or foreign languages and sell without obstacle French books or themselves purchase Chinese books of all descriptions.
Art. XII.-Property of any kind appertaining to French subjects in the Chinese empire shall be considered by the Chinese inviolable and shall always be respected by them. The Chinese authorities shall not, under any circumstances whatever, place French vessels under embargo nor put them under requisition for any service, be it public or private.
Art. XIII.-The Christian religion having for its essential object the leading of men to virtue, the members of all Christian communities shall enjoy entire security for their persons and property and the free exercise of their religion, and efficient protection shall be given the missionaries who travel peaceably in the interior furnished with passports as provided for in Article VIII.
No hindrance shall be offered by the authorities of the Chinese Empire to the recognised right of every individual in China to embrace, if he so pleases, Chris- tianity and to follow its practices without being liable to any punishment therefor.
All that has previously been written, pic med, or published in China by order of the Government against the Christian religion is completely abrogated aud remains null and void in all provinces of the empire.
Art. XIV.-No privileged commercial society shall henceforward be established in China, and the same shall apply to any organised coalition having for its end the exercise of a monopoly of trade. In case of the contravention of the present article the Chinese Authorities, on the representation of the Consul or Consular Agent, shall advise as to the means of dissolving such associations, of which they are also bound to prevent the existence by the preceding prohibitions, so as to remove all that may stand in the way of free competition.
Art. XV.-When a French vessel arrives in the waters of one of the ports open to foreign trade she shall be at liberty to engage any pilot to take her immediately into the port, and, in the same manner, when, having discharged all legal charges she shall be ready to put to sea, she shall not be refused pilots to enable her to leave the port without hindrance or delay.
Any individual who wishes to exercise the profession of pilot for French vessels may, on the presentation of three certificates from captains of ships, be commissioned by the French Consul in the same manner as shall be in use with other nations.
The remuneration payal le to pilots shall be equitably regulated for each parti- cular port by the Consul or Consular Agent, who shall fix it having regard to the distance and circumstances of the navigation.
Art. XVI.-After the pilot has brought a French trading ship into the port, the Superintendent of Customs shall depute one or two officers to guard the ship and prevent fraud. These officers may, according to their convenience, remain in their own boat or stay on board the ship.
Their pay, food, and expenses shall be a charge on the Chinese Customs, and they shall not demand any fee or remuneration whatever from the captain or consignee. Every contravention of this provision shall entail a punishment proportic nate to the amount exacted, which also shall be returned in full.
the
Art. XVII. Within the twenty-four hours following the arrival of a French merchant vessel in ore of the ports open to foreign trade, the captain, if he be not unavoidably prevented, and in his default the supercargo or consignee, shall report at the French Consulate ard place in the hands of the Consul the ship's papers, the bills of lading, and the n an fest. Within the twenty-four hours rext following Consul shall send to the Superintendent of Customs a detailed note indicating the name of the vessel, the articles, the tonnage, and the nature of the carge; if, in consequence of the negligence of the captain this cannot be accomplished within the forty-eight hours following the arrival of the vessel, the captain shall be liable to a Fenalty of 50 dollars for each day's delay, to the profit of the Chirese Government, but the said penalty shall in no case exceed the sum of 200 dollars.
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Immediately after the reception of the consular note the Superintendent of Customs shall give a permit to open hatches. If the captain, before having received the said permit, shall have opened hatches and commenced to discharge, he may be fined 500 dollars, and the goods discharged may be seized, the whole to the profit of the Chinese Government.
Art. XVIII.-French captains and merchants may hire whatever boats and lighters they please for the transport of goods and passengers, and the sum to be paid for such bouts shall be settled between the parties themselves, without the intervention of the Chinese authority, and consequently without its guarantee in case of accident, fraud, or disappearance of the said boats. The number of these boats shall not be limited, nor shall a monopoly in respect either of the boats or of the carriage of merchandise by porters be granted to any one.
Art. XIX.-Whenever a French merchant shall have merchandise to load or discharge he shall first remit a detailed note of it to the Consul or Consular Agent, who will immediately charge a recognised interpreter to the Consulate to communicate it to the Superintendent of Customs. The latter shall at once deliver a permit for shipping or landing the gools. He will then proceed to the verification of the goods in such manner that there shall be no chance of loss to any party.
The French merchant must cause himself to be represented (if he does not prefer to attend himself) at the place of the verification by a person possessing the requisite knowledge to protect his interest at the time when the verification for the liquida- tion of the dues is made; otherwise any after claim will be null and of no effect.
With respect to goods subject to an ad valorem duty, if the merchant cannot agree with the Chinese officers as to their value, then each party shall call in two or three merchants to examine the goods, and the highest price which shall be offered by any of them shall be assumed as the value of the said goods.
Duties shall be charged on the net weight; the tare will therefore be deducted. If the French merchant cannot agree with the Chinese officer on the amount of tare, each party shall choose a certain number of chests and bales from among the goods respecting which there is a dispute; these shall be first weighed gross, then tared and the average tare of these shall be taken as the tare for all the others.
If during the course of verification any difficulty arises which cannot be settled, the French merchant may claim the intervention of the Consul, who will immediately bring the subject of dispute to the notice of the Superintendent of Customs, and both will endeavour to arrive at an amicable arrangement, but the claim must be made within twenty-four hours; otherwise it will not receive attention. So long as the result of the dispute remains pending, th› Superintendent of Customs shall not enter the matter in his books, thus leaving every latitude for the examination and solution of the difficulty.
'
On goods imported which have sustained damage a reduction of duties propor- tionate to their depreciation all be made. This shall be equitably determined, and, if necessary, in the manner above stipulated for the fixing of ad valorem duties.
Art. XX.--Any vessel having entred one of the ports of China, and which has not yet used the permit to open hatches mentioned in Article XIX., may within two days of arrival quit that part and proceed to another without having to pay either tonnage dues or customs duties, but will discharge then ultimately in the port where sale of the goods is effected.
Art. XXI.-It is established by common consent that import duties shall be discharged by the captains or French merchants after the landing and verification of the goods. Export duties shall in the same manner be paid on the shipment of the goods. When all tonnage dues and Customs duties shall have been paid in full by a French vessel the Superintendent of Customs shall give a general quittance, on the exhibition of which the Consul shall return the ship's papers to the captain and permit him to depart on his voyage. The Superintendent of Customs shall name one or several banks, which shall be authorised to receive the sum due by French merchants on account of the Government, and the receipts of these banks for all payments which have been made to them shall be considered as receipts of the
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Chinese Government. These payments may be made in ingots or foreign money, the relative value of which to sycee shall be determined by agreement between the Consul or Consular Agent and the Superintendent of Customs in the different ports, according to time, place, and circumstances.
Art. XXII.-*After the expiration of the two days named in Art. XX., and before proceeding to discharge her cargo, every vessel shall pay tonnage-dues accord- ing to the following scale :-Vessels of one hundred and fifty tons and upwards at the rate of four mace per ton; vessels of less than one hundred and fifty tons mea- surement at the rate of one mace per ton.
Any vessel clearing from any of the open ports of China for any other of the open ports, or trading between China and such ports in Cochin China as belong to France, or any port in Japan, shall be entitled, on application of the master, to a special certificate from the Superintendent of Customs, on exhibition of which the said vessel shall be excempted from all further payment of tonnage-dues in any -open port of China for a period of four months, to be reckoned from the date of her port-clearance; out after the expiration of four months she shall be required to pay tonnage-dues again.
Small French vessels and boats of every class, whether with or without sails, shall be reckoned as coming within the category of vessels of one hundred and fifty tons and under, and shall pay tonnage-dues at the rate of one mace per ton once in every four months,
Native craft chartered by French merchants shall in like manner pay tonnage- dues once in every four months.
Art. XXIII.-All French goods, after having discharged the Customs duties according to the tariff in one of the ports of China, may be transported into the interior without being subjected to any further charge except the transit dues according to the amended scale now in force, which dues shall not be augmented in the future.
If the Chinese Customs Agents, contrary to the tenour of the present Treaty, make illegal exactions or levy higher dues, they shall be punished according to the laws of the empire.
Art. XXIV.-Any French vessel entered at one of the ports open to foreign trade and wishing to discharge only a part of its goods there, shall pay Customs dues only for the part discharged; it may transport the remainder of its cargo to another port and sell it there. The duty shall then be paid.
French subjects having paid in one port the duties on their goods, wishing to re-export them and send them for sale to another port, shall notify the Consul or Consular Agent. The latter shall inform the Superintendent of Customs, who, after having verified the identify of the goods and the perfect integrity of the packages, shall send to the claimants a declaration attesting that the duties on the said goods have been paid. Provided with this declaration, the French merchants on their arrival at the other port shall only have to present it through the medium of the Consul or Superintendent of Customs, who will deliver for this part of the cargo, without deduction or charge, a permit for discharge free of duty; but if the autho- rities discover fraud or anything contraband amongst the goods so re-exported, these shall be, after verification, confiscated to the profit of the Chinese Government.
Art. XXV.-Transhipment of goods shall take place only by special permission and in case of urgency; if it be indispensable to effect this operation, the Consul shall be referred to, who will deliver a certificate, on view of which the transhipment shall be authorised by the Superintendent of Customs. The latter may always delegate an employé of his administration to be present.
Every unauthorised transhipment, except in case of peril by delay, will entail the confiscation, to the profit of the Chinese Government, of the whole of the goods illicitly transhipped.
Art. XXVI.-In each of the ports open to foreign trade the Superintendent of Customs shall receive for himself, and shall deposit at the French Consulate, legal
* Substituted for the original article in 1865,
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scales for goods and silver, the weights and measures agreeing exactly with the weights and measures in use at the Canton Custom-house, and bearing a stamp and seal certifying this authority. These scales shall be the base of all liquidations of duties and of all payments to be made to the Chinese Government. They shall be referred to in case of dispute as to the weights and measures of goods, and the decree shall be according to the results they show.
Art. XXVII.-Import and export duties levied in China on French commerce shall be regulated according to the tariff annexed to the present treaty under the seal and signature of the respective plenipotentiaries. This tariff may be revised every seven years in order to be in harmony with the changes brought about by time in the value of the products of the soil or industry of the two empires.
By the payment of these duties, the amount of which it is expressly provided shall not be increased nor augmented by any kind of charge or surtax whatever, French subjects shall be free to import into China, from French or foreign ports, and equally to export from China, to any destination, all goods which shall not be, at the date of the signing of the present treaty and according to the classification of the annexed tariff, the object of a special prohibition or of a special monopoly. Chinese Government renouncing therefore the right of augmenting the number of articles reputed contraband or subjects of a monopoly, any modification of the tariff shall be made only after an understanding has been come to with the French Government and with its full and entire consent.
The
With regard to the tariff, as well as every stipulation introduced or to be in- troduced in the existing treaties, or those which may hereafter be concluded, it remains well and duly established that merchants and in general all French subjects in China shall always have the same rights and be treated in the same way as the most favoured nation.
Art. XXVIII.-The publication of the regular tariff doing away henceforth with all pretext for smuggling, it is not to be presumed that any act of this nature may be committed by French vessels in the ports of China. If it should be otherwise, all contraband goods introduced into these ports by French vessels or merchants whatever their value or nature, as also all prohibited goods fraudulently discharged, shall be seized by the local authority and confiscated to the profit of the Chinese Government. Further, the latter may, if it see fit, interdict the re-entry to China of the vessel taken in contravention and compel it to leave immediately after the settle- ment of its accounts.
If any foreign vessel fraudulently makes use of the French flag the French Government shall take the necessary measures for the repression of this abuse.
Art. XXIX.-His Majesty the Emperor of the French may station a vessel of war in any principal port of the empire where its presence may be considered necessary to maintain good order and discipline amongst the crews of merchant vessels and to facilitate the exercise of the Consular authority; all necessary measures shall be taken to provide that the presence of these vessels of war shall entail no inconvenience, and their commanders shall receive orders to cause to be exuted the provisions of Article XXXIII. in respect of the communications with the land and the policing of the crews.
Vessels of war shall be subject to no duty.
Art. XXX.-Every Freach vessel of war cruising for the protection of commerce shall be received as a friend and treated as such in all the ports of China which it shall enter. These vessels may there procure the divers articles of refitting and victualling of which they shall have need, and, if they have suffered damage, may repair there and purchase the materials necessary for such repair, the whole without the least opposition.
The same shall apply to French trading ships which in consequence of great damage or any other reason may be compelled to seek refuge in any port whatsoever of China.
If a vessel be wrecked on the coast of China, the nearest Chinese authority, on being informed of the occurrence, shall immediately send assistance to the crew, provide for their present necessities, and take the measures immediately necessary
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for the salvage of the ship and the preservation of the cargo. The whole shall then be brought to the knowledge of the nearest Consul or Consular Agent, in order that the hatter, in concert with the competent authority, may provide means for the relief of the crew and the salvage of the débris of the ship and cargo.
Art. XXXI.-Should China be at war with another power, this circumstance shall not in any way interfere with the free trade of French with China or with the opposing nation. French vessels may always, except in the case of effective blockade, sail without obstacle from the ports of the one to the ports of the other, trade in the ordinary manner, and import and export every kind of merchandise not prohibited.
Art. XXXII.-Should sailors or other persons desert from French ships-of-war, or leave French trading vessels, the Chinese authority, on the requisition of the Consul, or failing the Consul that of the captain, shall at once use every means to discover and restore the aforesaid fugitives into the hands of one or the other of them. In the same manner, if Chinese deserters or persons accused of any crime take refuge in French houses or on board of French vessels, the local authority shall ad Iress the Consul, who, on proof of the guilt of the accused, shall immediately take the measures necessary for their extradition. Each party shall carefully avoid concealment and connivance.
Art. XXXIII.-When sailors come on shore they shall be under special dis- ciplinary regulations framed by the Consul and communicated to the local authority, in order to prevent as far as possible all occasion of quarrel between French sailors and the people of the country.
Art. XXXIV. In case of French trading vessels being attacked or pillaged by pirates within Chinese waters, the civil and military authorities of the nearest place, upon learning of the occurrence, shall actively pursue the authors of the crime and shall neglect nothing to secure their arrest and punishment, according to law. The pirated goods, in whatever place or state they may be found, shall be placed in the hands of the Consul, who shall restore them to the owners. If the criminals cannot be seized, or the whole of the stolen property cannot be recovered, the Chinese officials shall suffer the penalty inflicted by the law in such circumstances, but they shall not be held pecuniarily responsible.
Art. XXXV.-When a French subject shall have a complaint to make or claim to bring against a Chinese, he shall first state his case to the Consul, who, after having examined the affair, will endeavour to arrange it amicably. In the same manner, when a Chinese has to complain of a French subject, the Consul shall attentively hear his claim and endeavour to bring about an amicable arrangement. But if in either case this be impossible, the Consul shall invoke the assistance of a competent Chinese official, and these two, after having conjointly examined the affair, shall decide it equitably.
Art. XXXVI.-If hereafter French subjects suffer damage, or are subjected to any insult or vexation by Chinese subjects, the latter shall be pursued by the local authority, who shall take the necessary measures for the defence and pro- tection of French subjects; if ill-doers or any vagrant part of the population com- mence to pillage, destroy, or burn the houses or warehouses of French subjects or any other of their establishments, the same authority, either on the requisition of the Consul or of its own motion, shall send as speedily as possible an armed force to disperse the riot and to arrest the criminals, and shall deliver the latter up to the severity of the law; the whole without prejudice of the claims of the French subjects to be indemnified for proved losses.
Art. XXXVII.-If Chinese become, in future, indented to French captains or merchants and involve them in loss by fraud or in any other manner, the latter shall no longer avail themselves of the combination which existed under the former state of things; they may address themselves only through the medium of their Consul to the local authority, who shall neglect nothing after having examined the affair to compel the defaulters to satisfy their engagements according to the laws of the country. But, if the debtor cannot be found, if he be dead, or bankrupt, and is not able to pay, the French merchants cannot claim against the Chinese authority.
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In case of fraud or non-payment on the part of French merchants, the Consul shall, in the same manner, afford every assistance to the claimants, but neither he nor his Government shall in any manner be held responsible.
Art. XXXVIII-If unfortunately any fight or quarrel occurs between Freuch and Chinese subjects, as also if during the course of such quarrel one or more persons be killed or wounded, by firearms or otherwise, the Chinese shall be arrested by the Chinese authority, who will be responsible, if the charge be proved, for their punish- ment according to the laws of the country. With regard to the French, they shall be arrested at the instance of the Consul, who shall take the necessary measures that they may be dealt with in the ordinary course of French law in accordance with the forms and practice which shall be afterwards decided by the French Government.
The same course shall be observed in all similar circumstances not enumerated in the present convention, the principle being that for the repression of crimes and offences committed by them in China French subjects shall be dealt with according to the laws of France.
Art. XXXIX.--Disputes or differences arising between French subjects in China shall, equally, be settled by the French authorities. It is also stipulated that the Chinese authorities shall not in any manner interfere in any dispute between French subjects and other foreigners. In the same way they shall not exercise any authority over French vessels; these are responsible only to the French authorities and the captain.
Art. XL. If the Government of His Majesty the Emperor of the French shall consider it desirable to modify any of the clauses of the present treaty it shall be at liberty to open negotiations to this effect with the Chinese Government after an interval of ten years from the date of the exchange of the ratifications. It is also understood that no obligation not expressed in the present convention shall be imposed on the Consuls or Consular Agents, nor on their nationals, but, as is stipulated, French subjects shall enjoy all the rights, privileges, immunities, and guarantees whatsoever which have been or shall be accorded by the Chinese Govern- ment to other powers.
Art. XLI.-His Majesty the Emperor of the French, wishing to give to His Majesty the Emperor of China a proof of his friendly sentiments, agrees to stipulate in separate articles, having the same force and effect as if they were inserted in the present treaty, the arrangements come to between the two governments on the matters antecedent to the events at Canton and the expense caused by them to the Government of His Majesty the Emperor of the French.
Art. XLII.-The ratifications of the present treaty of friendshin, commerce, and navigation shall be exchanged at Peking within one year after the date of signature, or sooner if possible.
After the exchange of ratifications, the treaty shall be brought to the knowledge of all the superior authorities of the Empire in the provinces and in the capital, in order that its publication may be well established.
In token whereof the respective plenipotentiaries have signed the present treaty and affixed their seals thereto.
Done at Tientsin, in four copies, this twenty-seventh day of June, in the year of grace one thousand eight hundred and fifty-eight, corresponding to the seventeenth day of the fifth moon of the eighth year of Hien Fung.
(Signed)
[L.B.]
BARON GROS.
[L.8.]
KWEI-LIANG.
[L.8.]
HWASHANA.
CONVENTION BETWEEN THE EMPEROR OF THE FRENCH
AND THE EMPEROR OF CHINA
SIGNED AT PEKING, 25TH OCTOBER, 1860
His Majesty the Emperor of the French and His Majesty the Emperor of China, being desirous to put an end to the difference which has arisen between the two Em ires, and to re-establish and assure for ever the relations of peace and amity which before existed and which regrettable events have interrupted, have named as their respective Plenipotentiaries :-
His Majesty the Emperor of the French, Sieur Jean Baptiste Louis, Baron Gros, Senator of the Empire, Anibassador and High Commissioner of France in China, Grand Oficer of the Imperial Order of the Legion of Honour, Knight Grand Cross of several Orders, etc., etc., etc.;
And His Majesty the Emperor of China, Prince Kung, a member of the Imperial Family and High Commissioner ;
Who, baving exchanged their full powers, found in good and due form, have agreed upon the following articles :--
Art. I.-His Majesty the Emperor of China bas regarded with pain the conduct of the Chinese military authorities at the mouth of the Tientsin river, in the month of June last year, when the Ministers Plenipotentiary of France and England arrived there on their way to Peking to exchange the ratifications of the Treaties of Tientsin.
Art. II. When the Ambassador, the High Commissioner of His Majesty the Emperor of the French, shall be in Peking for the purpose of exchanging the ratifica tions of the Treaty of Tient-in, he shall be treated during his stay in the capital with the honours due to his rank, and all possible facilities shall be given him by the Chinese Authorities in order that he may without obstacle fulfil the high mission confided to him.
Art. III.-The treaty signed at Tientsin on the 27th June, 1858, shall be faith- fully placed in execution in all its clauses immediately after the exchange of the ratifications referred to in the preceding article, subject to the modifications introduced by present the Convention.
Art. IV. Article IV. of the Secret Treaty of Tientsin, by which His Majesty the Emperor of China undertook to pay to the French Government au indemnity of two million taels, is annul ed and replaced by the present Article, which increases the amount of the indemnity to eight million taels.
It is agreed that the sum already paid by the Canton Customs on account of the sum of two million taels stipulated by the Treaty of Tientsin shall be considered as having been paid in advance and on account of the eight million taels referred to in the present article.
The provisions of the Article of the Secret Treaty of Tientsin as to the mode of payment of the two million taels are annulled. Payment of the remainder of the sum of eight million taels to be paid by the Chinese Government as provided by the present Convention shall be male n quarterly instalments consisting of one-fifth of the gross Cu-toms revenues at the ports open to foreign trade, the first term commencing on the 1st October of the present year, and finishing on the 31st December following. This sum, specially reserved for the payment of the indemnity due to France, shall be paid into the hands of the Minister for France or of his delegates in Mexican dollars or in bar silver at the rate of the day of payment.
A sum of five hundred thousand tacls shall, however, be paid on account in advance at one time, and at Tientsin, on the 30th November next, or sooner if the Chinese Government judges if convenient.
A Mixed Commission, appointed by the Minister of France and by the Chinese Authorities, shall determine the rules to be followed in effecting the payment of the whole of the indemnity, the ver fication of the amount, the giving of receipts, and in short fulfilling all the formalities required in such case.
Art. V. The sum of eight million taels is allowed to the French Government to liquidate the expenses of its armament against China, as also for the indemnification of French subjects and protégés of France who sustained loss by the burning of the
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factories at Canton, and also to compensate the Catholic missionaries who hav suffered in their persons or property. The French Government wil divide this sum between the parties interested, after their claims shall have been legally established, in satisfaction of such claims, and it is understood between the contracting parties that one million of taels shall be appropriated to the indemnification of French subjects or protégés of France for the losses they have sustained or the treatment to which they have been subjected, and that the remaining seven million taels shall be applied to the liquidation of the expenses occasioned by the war.
Art. VI.-In conformity with the Imperial edict issued on the 20th March, 1856, by the August Emperor Tao Kwang, the religious and charitable establishments which have been confiscated during the persecutions of the Christians shall be restored to their proprietors through the Minister of France in China, to whom the Imperial Government will deliver them, with the cemeteries and edifices appertaining to them.
Art. VII.-The town and port of Tientsin, in the province of Pechili, shall be opened to foreign trade on the same conditions as the other towns and ports of the Empire where such trade is permitted, and this from the date of the signature of the present Conventiou, which shall be obligatory on the two nations without its being necessary to exchange ratifications, and which shall have the same force as if it were inserted word for word in the Treaty of Tientsin.
The French troops now occupying this town shall, on the payment of the five hundred thousand taels provided by Article IV. of the present Convention, evacuate it and proceed to occupy Taku and the north east coast of Shantung, whence they shall retire on the same conditions as govern the evacuation of the other points occupied on the shores of the Empire. The Commanders-in-Chief of the French force shall, however, have the right to winter their troops of all arms at Tientsin, if they judge it convenient, and to withdraw them only when the indemnities due by the Chinese Government shall have been entirely paid, unless the Commanders-in-Chief shall think it convenient to withdraw them before that time.
Art. VIII. It is further agreed that when the present Convention shall have been signed and the ratifications of the Treaty of Tientsin exchanged, the French forces which occupy Chusan shall evacuate that island, and that the forces before Peking shall retire to Tientsin, to Taku, to the north coast of Shantung, or to the town of Canton, and that in all these places or in any of them the French Government may, if it thinks fit, leave troops until such time as the total sum of eight million taels shall have been fully paid.
Art. IX.-It is agreed between the high contracting parties that when the ratifications of the Treaty of Tientsin shall have been exchanged an Imperial edict shall order the high authorities of all the provinces to permit any Chinese who wishes to go to countries beyond the sea to establish himself there or to seek his fortune, to embark, himself and his family, if he so wishes, on French ships in the ports of the empire open to foreign trade. It is also agreed, in the interest of the emigrants, to ensure their entire freedom of action and to safeguard their rights, that the competent Chinese authorities shall confer with the Minister of France in China for the making of regulations to assure for these engagements, always voluntary, the guarantees of morality and security which ought to govern them.
Art. X.-It is well understood between the contracting parties that the tonnage dues which by error were fixed in the French Treaty of Tientsin at five mace per ton for vessels of 150 tons and over, and which in the treaties with England and the United States signed in 1858 were fixed at four mace only, shall not exceed this same sum of four mace, and this without the invocation of the last paragraph of Art. XXXII. of the Treaty of Tientsin, which gives to France the formal right to claim the same treatment as the most favoured nation.
The present Convention of Peace has been made at Peking, in four copies, on the 25th October, 1860, and has been signed by the respective plenipotentiaries, who have thereto affixed their seals and their arms.
[L.S.] (Sd.) BARON GROS. [L.8.] (Sd.) KUNG.
TREATY OF PEACE, FRIENDSHIP, AND COMMERCE BETWEEN
FRANCE AND CHINA
SIGNED AT TIENTSIN, 9TH JUNE, 1885.
The President of the French Republic and His Majesty the Emperor of China, each animated by an equal desire to bring to an end the difficulties which have given rise to their simultaneous intervention in the affairs of Annam, and wishing to re-establish and improve the relations of friendship and commerce which previously existed between France and China, have resolved to conclude a new treaty to further the common interest of both nations on the basis of the preliminary Convention signed at Tientsin on the 11th May, 1884, and ratified by an Imperial decree of the 13th April, 1885.
For that purpose the two high contracting parties have appointed as their pleni- potentiaries the following, that is to say-
The President of the French Republic, M. Jules Patenôtre, Envoy Extraordinary and Minister Plenipotentiary for France in China, Officer of the Legion of Honour, Grand Cross of the Swedish Örder of the Pole Star, &c., &c.
And His Majesty the Emperor of China, Li Hung-chang, Imperial Commissioner, Senior Grand Secretary of State, Grand Honorary Preceptor of the Heir Presumptive; Superintendent of Trade for the Northern Ports, Governor-General of the Province of Chihli, of the First degree of the Third Order of Nobility, with the title of Sou-yi;
Assisted by Hsi Chen, Imperial Commissioner, Member of the Tsung-li Yamên, President of the Board of Punishments, Administrator of the Treasury at the Ministry of Finance, Director of Schools for the Education of Hereditary Officers of the Left Wing of the Yellow Bordered Banner;
And Teng Chang-su, Imperial Commissioner, Member of the Tsung-li Yamên, Director of the Board of Ceremonies;
Who having communicated their full powers, which have been found in good and due form, have agreed upon the following Articles :-
Art. I.-France engages to re-establish and maintain order in those provinces of Annam which border upon the Chinese empire. For this purpose she will take the necessary measures to disperse or expel the bands of pirates and vagabonds who endanger the public safety, and to prevent their collection together again. Nevertheless the French troops shall not, under any circumstances, cross the frontier which separates Tonkin from China, which frontier France promises both to respect herself and to guarantee against any aggression whatsoever.
On her part China undertakes to disperse or expel such bands as may take refuge in her provinces bordering on Tonkin and to disperse those which it may be attempted to form there for the purpose of causing disturbances amongst the populations placed under the protection of France; and, in consideration of the guarantees which have been given as to the security of the frontier, she likewise engages not to send troops into Tonkin.
The high contracting parties will fix, by a special convention, the conditions under which the extradition of malefactors between China and Annam shall be carried out. The Chinese, whether colonists or disbanded soldiers, who reside peaceably in Annam, supporting themselves by agriculture, industry, or trade, and whose conduct shall give no cause of complaint, shall enjoy the same security for their persons and property as French protégés.
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TREATY BETWEEN FRANCE AND CHINA.
Art. II.-China, being resolved to do nothing which may imperil the work of pacification undertaken by France, engages to respect, both in the present and in the future, the treaties, conventions, and arrangements concluded directly between France and Annam, or which may hereafter be concluded.
As regards the relations between China and Annam, it is understood they shall be of such a nature as shall in no way injure the dignity of the Chinese empire or give rise to any violation of the present treaty.
Art. III. Within a period of six months from the signature of the present treaty commissioners appointed by the high contracting parties shall proceed to the spot in order to define the frontier between China and Tonkin. They shall place landmarks wherever necessary to render the line of demarcation clear. In those cases where they may not be able to agree as to the location of these landmarks of ou such rectifications of detail as it may be desirable to make, in the interest of the two nations, in the existing frontier of Tonkin, they shall refer the difficulty to their respective Governments.
Art. IV.-When the frontier shall have been agreed upon, French or French protégés and foreign residents of Tonkin who may wish to cross it in order to enter China shall not be allowed to do so unless they shall have previously provided them- selves with passports issued by the Chinese frontier authorities on the requisition of the French authorities. For Chinese subjects an authorisation given by the Imperial
frontier authorities shall be sufficient,
Chinese subjects wishing to proceed from China to Tonkin by the land route shall be obliged to provide themselves with regular passports, issued by the French authorities on the requisition of the Imperial authorit.es.
Art. V.-Import and export trade shall be permitted to French or French- protected traders and to Chinese traders across the land frontier between China and Tonkin. It shall, however, be carried on through certain spots which shall be settled later, and both the selection and number of which shall correspond with the direction and importance of the traffic between the two countries. In this respect the Regulations in force in the interior of the Chinese Empire shall be taken into
account.
In any case, two of the said spots shall be marked out on the Chinese frontier, the one above Lao-kai, the other beyond Lang-son. French traders shall be at liberty to settle there under the same conditions, and with the same advantages, as in the ports open to foreign trade. The Government of His Majesty the Emperor of China shall establish custom-houses there, and the Government of the French Republie shall be at liberty to maintain Consuls there whose powers and privileges shall be identical with those of Agents of the same rank in the open ports.
On his part, His Majesty the Emperor of Chinash ill be at liberty, with the concurrence of the French Government, to appoint Consuls in the principal towns of Tonkin.
Art. VI. A special code of Regulations, annexed to the present Treaty, shall define the conditions under which trade shall be carried on by land between Tonkin and the Chinese provinces of Yunnan, of Kwang-si, and of Kwang-tung. Such Regulations shall be drawn up by Commissioners, who shall be appointed by the High Contracting Parties, within three months from the signature of the present Treaty.
All goods dealt with by such trade shall be subject, on import and export between Tonkin and the provinces of Yünuan and Kwang-si, to duties lower than those laid down by the present Tariff for foreign trade. The reduced Tariff shall not, however, be applied to goods transported by way of the land frontier between Tonkin and Kwang-tung, and shall not be enforced within the ports already open by Treaty.
Trade in arms, engines, supplies, and munitions of war of any kind whatsoever shall be subject to the Laws and Regulations issued by each of the Contracting States within its own territory.
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TREATY BETWEEN FRANCE AND CHINA
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The export and import of opium shall be governed by special arrangements to be inserted in the above-mentioned code of Regulations.
Trade by sea between China and Annam shall likewise be dealt with by a separate code of Regulations. In the meanwhile, the present practice shall remain unaltered.
Art. VII.-With a view to develop under the most advantageous conditions the relations of commerce and of good neighbourship, which it is the object of the present Treaty to re-establish between France and China, the Government of the Republic shall construct roads in Tonkin, and shall encourage the construction of railways
there.
When China, on her part, shall have decided to construct railways, it is agreed that she shall have recourse to French industry, and the Government of the Republic shall afford every facility for procuring in France the staff that may be required. It is, moreover, understood that this clause shall not be looked upon as constituting an exclusive privilege in favour of France.
Art. VIII.-The commercial stipulations of the present Treaty and the Regula- tions to be agreed upon shall be liable to revision after an interval of ten complete years from the date of the exchange of the ratifications of the present Treaty. But in case six months before it expires neither one nor other of the High Contracting Parties shall have expressed a wish to proceed to a revision, the commercial stipula- tions shall remain in force for a fresh period of ten years, and so further in like
manner.
Art. IX. As soon as the present Treaty shall have been signed, the French forces shall receive orders to retire from Kelung and to cease search, &c., on the high seas. Within one month from the signature of the present Treaty the Island of Formosa and Pescadores shall be entirely evacuated by the French troops.
Art. X.-All stipulations of former Treaties, Agreements, and Conventions between France and China, which are not modified by the present Treaty, remain in full force.
The present Treaty shall be ratified at once by His Majesty the Emperor of China, and after it shall bave been ratified by the President of the French Republic, the exchange of ratifications shall take place at Peking with the least possible delay.
Done in quadruplicate at Tientsin, this 9th June, 1885, corresponding to the 27th day of the 4th moon of the 11th year of Kwang-su.
PATENOTRE.
(Signed)
[L.S.]
""
[L.S.]
HSI CHEN.
[L.8.]
LI HUNG-CHANG.
[E.S.]
TENG CHANG-SU.
De Beby
TRADE REGULATIONS FOR THE ANNAM FRONTIER JOINTLY
DETERMINED ON BY FRANCE AND CHINA
SIGNED AT Peking 25th April, 1886
[Translated from the French Text]
Whereas in Article VI. of the Treaty between the President of the French Re- public and His Majesty the Emperor of China, signed the 9th day of June, 1865, it is statel that "Regulations for the conduct of overland trade between Tonkin and the Chinese provinces of Yunnan, Kwang-si, and Kwang-tung shall be jointly discussed and concluded by Commissioners appointed by the two Powers, and will form a supple- ment to the present Treaty ;" and whereas in the tenth article of that agreement it is set forth that "provisions of former Treaties and Regulations agreed to by France and China, except in so far as they are modified by the present agreement, will continue to retain their original validity," the two High Contracting Parties have for this purpose named as their plenipotentiaries, that is to say:-
The President of the French Republic, G. Cogordan, Minister Plenipotentiary of France to China, Officer of the Legion of Honour, Knight of the Order of the Crown of Italy, &c., &c., together with E. Bruwaert, Consul of the first class, Assistant Commissioner for Treaty negotiations, Knight of the Order of Gustav of Sweden, and of the Order of Leopold of Belgium;
And His Majesty the Emperor of China, Li, Grand Preceptor of the Heir Ap- parent, Grand Secretary of State, Superintendent of Trade for the Northern Seaboard, Joint Commissioner of Admiralty, Governor of Chihli, and a member of the first degree of the third order of the hereditary nobility, with the title of Sou-yi;
Who after having communicated to each other their respective full powers, and found them to be in due form, have concluded the following Articles :-
Art. I. In accordance with the terms of Article V. of the Treaty of the 19th June, 1885, the high contracting parties agree that for the present two places shall be opened to trade, one to the north of Langson and the other above Lao-kai. China will establish Custom Houses there, and France shall have the right to appoint Consuls, who shall enjoy all rights and privileges conceded in China to the Consuls of the most favoured nation.
The work of the Commission charged with the delimitation of the two countries not being completed at the time of the signature of the present Convention, the place to be opened to trade north of Langson shall be selected and determined in the course of the present year by arrangement between the Imperial Government and the representative of France at Peking. As to the place to be opened to trade above Lao-kai, this will also be determined by common accord when the frontier between the two countries shall have been defined.
Art. II.-The Imperial Government may appoint Consuls at Hanoi and at Haiphong. Chinese Consuls may also be sent later on to other large towns in Tonkin by arrangement with the French Government.
The agents shall be treated in the same manner and have the same rights and privileges as the Consuls of the most favoured nation in France. They shall maintain official relations with the French authorities charged with the Protectorate.
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Art. III.-It is agreed, on the one side and the other, that in the places where Consuls are appointed the respective authorities will facilitate the installation of these agents in suitable residences.
Frenchmen may establish themselves in the places opened to trade on the frontier of China under the conditions set forth in the Articles VII., X., XI., XII., and others of the treaty of the 27th June, 1858.
Annamites shall enjoy in these places the same privileged treatment.
Art. IV. Chinese shall have the right of possessing land, erecting buildings, opening commercial houses, and having warehouses throughout Annam.
They shall receive for their persons, their families, and their goods the same protection as the most favoured European nation, and, like the latter, may not be made the object of any ill-treatment. The official and private correspondence and telegrams of Chinese officials and merchants shall be freely transmitted through the French postal and telegraphic administrations.
Frenchmen will receive from China the same privileged treatment.
Art. V. Frenchmen, French protégés, and foreigners residing in Tonkin may cross the frontiers and enter China on condition of being furnished with passports. These passports will be given by the Chinese authorities at the frontier, on the requisition of the French authorities, who will ask for them only for respectable persons; they will be surrendered to be cancelled on the holder's return. In the case of those who have to pass any place occupied by aborigines or savages, it will be mentioned in the passport that there are no Chinese officials there who can protect them.
Chinese who wish to come from China to Tonkin by land must in the same way be furnished with passports granted by the French authorities on the requisition of the Chinese authorities, who will ask for them only on behalf of respectable
persons.
The passports so granted on the one side or the other shall serve only as titles to travel and shall not be considered as certificates of exemption from taxes for the transport of merchandise.
Chinese authorities on Chinese soil and French authorities in Tonkin shall have the right to arrest persons who have crossed the frontier without passports and send them back to their respective authorities to be tried and punished if necessary.
Chinese residing in Annam may return from Tonkin to China on simply obtaining from the Imperial authorities a pass permitting them to cross the
frontier.
Frenchmen and other persons established in the open places on the frontier may travel without passports to a distance of 50 li (578 metres to the li) around such places.
Art. VI.-Merchandise imported into the places opened to trade on the frontier of China by French merchants and French protégés may, after payment of the import duties, be conveyed to the interior markets of China under the conditions fixed by Rule VII. annexed to the Treaty of the 27th June, 1858, and by the general rules of the Chinese Imperial Maritime Customs with regard to import transit passes.
When foreign merchandise is imported into these places a declaration shall be made at the Custom House of the nature and quantity of the merchandise, as well as of the name of the person by whom it is accompanied. The Customs authorities will proceed to verification, and will collect the duty according to the general tariff of the Imperial Maritime Customs, diminished by one-fifth. Articles not mentioned in the tariff will remain subject to the duty of 5 per cent. ad valorem. Until this duty has been paid the goods may not be taken out of the warehouses to be sent away and sold. A merchant wishing to send foreign merchandise into the interior shall make a fresh declaration at the Custom House, and pay, without reduction, the transit dues fired by the general rules of the Chinese Maritime Customs.
After this payment the Customs will deliver a transit pass which will enable the carriers to go to the localities mentioned in the pass for the purpose of disposing of
the said merchandise.
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TRADE REGULATIONS BETWEEN FRANCE AND CHINA
Under these conditions, no new duties will be levied at the interior barriers or lekin stations.
Merchandise for which transit passes have not been obtained will be liable to all the barrier and lekin duties imposed upon indigenous products in the interior of the country.
Art. VII.-Merchandise bought by Frenchmen and persons under French protection in the interior markets of China may be brought into the open places on the frontier, for the purpose of being from thence exported to Tonkin, under the conditions fixed by Rule VII. annexed to the Treaty of the 27th June, 1858, with regard to the transit of merchandise for export.
When Chinese merchandise for export arrives at these places, declaration shall be made at the Custom House as to the nature and quantity of the merchandise, as well as the name of the person accompanying it.
The Customs authorities will proceed to verification.
Such of this merchandise as shall have been bought in the interior by a merchant furnished with a transit pass, and which consequently has not paid any lekin or barrier duty, shall in the first place pay the transit duty fixed by the general tariff of the Chinese Maritime Customs.
It shall then pay the export duty diminished by one-third. Articles not named in the tariff will remain subject to the duty of 5 per cent. ad valorem.
After payment of these duties the merchandise will be allowed to pass free, and to be sent beyond the frontier.
The merchant who, not being furnished with a transit pass, has bought goods in the interior, shall pay the duties levied at the barriers and lekin stations; receipts shall be delivered to him, and on arriving at the Custom House he shall be exempted from payment of the transit dues on presentation of these receipts.
French merchants and persons under French protection importing or exporting merchandise through the Customs offices on the frontiers of Yunnan and Kwangsi, and Chinese merchants importing or exporting mercandise to or from Tonkin, will not have to pay any toll on their carriages or beasts of burden. On the navigable water-courses on the frontier, vessels may, on the one side and the other, be subjected to the payment of tonnage-dues, conformably to the rules of the Maritime Customs of the two countries.
As regards the provisions of the present article and the preceding one, it is agreed by the high contracting parties that if a new customs tariff should be established by common accord between China and a third Power, for trade by land on the south-western frontiers of the Chinese Empire, France shall obtain the application of it.
Art. VIII.-Foreign merchandise which, not having been sold within a period of thirty-six months after having paid the import duty at one of the Chinese frontier Customs stations, is forwarded to the other frontier Customs station, shall be examined at the first of these stations, and if the wrappings are found intact, and if nothing has been disturbed or changed, a certificate of exemption for the amount of the first duty collected will be given. The bearer of this certificate will deliver it to the other frontier station, in payment of the new duty which he will have to pay. The Customs may in like manner give bonds which will be available for payment of duties at the Custom House by which they are issued any time within three years. Money will never be returned.
If the same merchandise is re-despatched to one of the open ports of China, it will there, conformably to the general rules of the Chinese Maritime Customs, be subjected to payment of the import duties, and the certificates or bonds given at the frontier Customs shall not there be made use of. Neither will it be allowed to present there, in payment of duties, the quittances delivered by the frontier Customs on the first payment. As to transit dues, conformably to the rules in force at the open ports, when once they have been paid, bonds or exemptiou certificates will never be given in respect of these.
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Art. IX.-Chinese merchandise which, after having paid transit and export dues at one of the frontier Customs stations, may be sent to the other frontier Customs station to be sold, shall be subjected on its arrival at the second station only to a payment-called a re-importation duty-of one-half the export duty already collected. The merchandise conformably to the rules established in the open ports may not be transported into the interior by foreign merchants.
If this Chinese merchandise be transported to one of the open ports of China, it will be assimilated to foreign merchandise, and shall pay a new import duty in full, conformably to the general tariff of the Imperial Maritime Customs.
This merchandise will be allowed to pay transit duty on being sent into the in- terior. Chinese merchandise imported from a Chine-e seaport into an Annamite port in order to be transported to the land frontier and then to re-enter Chinese territory, will be treated as foreign merchandise and will pay the local import dues. This merchandise will be allowed to pay the transit duty on being sent into the interior.
Art. X-Declarations to the Chinese Customs must be made within thirty-six hours of the arrival to the goods under a penalty of Tls. 50 for each day's delay; but the fine shall not exceed Tls. 200. An inexact declaration of the quantity of the goods, if it is proved that it has been made with the intention of evading payment of the duties, will entail upon the merchant confiscation of his goods. Goods not provided with a permit. from the chief of the Customs, which are clandestinely introduced by by-ways, and unpacked or sold, or which are intentionally smuggled, shall be entirely confiscated. In every case of false declaration or attempt to deceive the Customs as regards the quality or the real origin or real destination of goods for which transit passes have been applied the goods shall be liable to con- fiscation. The penalties shall be adjudged according to the conditions and proce- dure fixed by the Rules of 31st May, 1868. In all cases where confiscation shall have been declared, the merchant shall be at liberty to recover his goods on payment of a sum equivalent to their value, to be duly settled by arrangement with the Chinese au.horities. The Chinese authorities shall have every liberty to devise measures to be taken in China, along the frontier, to prevent smuggling.
Merchandise descending or ascending navigable rivers in French, Annamite, or Chinese vessels will not necessarily have to be landed at the frontier, unless there is an appearance of fraud, or a divergence between the nature of the cargo and the declaration of the manifest. The Customs will only send on board the said vessels agents to visit them.
Art. XI.-Produces of Chinese origin imported into Tonkin by the land frontier shall pay the import duty of the Franco-Annamite tariff. They will pay no export duty on leaving Tonkiu. The Imperial Government will be notified of the new tariff which France will establish in Tonkin. If taxes of exc'se, of consumption, or of guarantee be established in Tonkin on any articles of indigenous production, similar Chinese productious will be subjected, on importation, to equivalent taxes.
Art. XII.-Chinese merchandise transported across Tonkin from one of the two frontier Customs stations to the other, or to an Annamite port to be from thence exported to China, shall be subjected to a specific transit duty which shall not exceed two per cent. of the value. At the point where it leaves Chinese territory this merchandise will be examined by the French Customs authorities on the frontier, who will specify its nature, quantity, and destination in a certificate which shall be produced when ver required by the French authorities during its transport across Tonkin, as well as at the port of shipment.
In order to guarantee the Franco-Annamite Customs against any possible fraud, such Chinese produces, on entering Tonkin, shall pay the import duty.
A transit permit will accompany the goods to the place of leaving the country whether this be the port of transhipment or the land frontier, and the sum paid by the proprietor of the merchandise will, after deducting the transit dues, be then restored to him in exchange for the receipt delivered to him by the Tonkin Customs.
Every false declaration or act evidently intended to deceive the French admin- i-tration as to the quality, quantity, real origin, or real destination of merchandise
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for which the special treatment applicable to Chinese products traversing Tonkin in transit is asked, will entail the confiscation of such merchandise. In every case where confiscation has been declared, the merchant shall be free to recover his goods on payment of a sum equivalent to their value, which shall be duly determined by an arrangement with the French authorities.
The same rules and the same transit duty will be applicable in Annam to Chinese merchandise despatched from a Chinese port to an Annamite port in order to get to the Chinese frontier Customs by crossing Tonkin.
Art. XIII.-The following articles, that is to say, gold and silver ingots, foreign money, flour, Indian neal, sago, biscuits, preserved meats and vegetables, cheese, butter, confectionery, foreign clothing, jewellery, plated ware, perfumery, soaps of all kinds, charcoal, firewood, candles (foreign), tobacco, wine, beer, spirits, household stores, ship's stores, personal baggage, stationery, carpeting, cutlery, drugs, foreign medicines, and glass ware, shall be verified by the Chinese Customs on their entry and clearance; if they are really of foreign origin and intended for the personal use of foreigners, and if they arrive in moderate quantity, a duty exemption certificate will be given which will pass them free at the frontier. If these articles are withheld from declaration or the formality of an exemption certificate, their clandestine intro- duction will render them subject to the same penalty as smuggled goods.
With the exception of gold, silver, money, and luggage, which will remain exempt from duty, the above-mentioned articles destined for the personal use of foreigners and imported in moderate quantity, will pay, when they are transported into the interior of China, a duty of 21⁄2 per cent. on their value.
The Franco-Annamite frontier Customs shall collect no duty on the following articles of personal use which Chinese carry with them, either on entering or leaving Tonkin, that is to say, money, luggage, clothes, women's head ornaments, paper, hair pencils, Chinese ink, furniture, or food, or on articles ordered by the Chinese Consuls in Tonkin for their personal consumption.
Art. XIV. The high contracting parties agree to prohibit trade in and trans- port of opium of whatsoever origin by the land frontier between Tonkin on the one side and Yunnan, Kwang-si, and Kwangtung on the other side.
Art. XV.-The export of rice and of cereals from China is forbidden. The import of these articles shall be free of duty.
The import of the following articles into China is forbidden :-Gunpowder, pro- jectiles, rifles and guns, saltpetre, sulphur, lead, spelter, arms, salt, and immoral publications.
In case of contravention these articles shall be entirely confiscated.
If the Chinese authorities have arms or munitions bought or if merchants receive express authority to buy them, the importation will be permitted under the special surveillance of the Chinese Customs. The Chinese authorities may, further- more, by arrangement with the French Consuls, obtain for the arms and munitions which they wish to have conveyed to China through Tonkin exemption from all the Franco-Annamite duties.
The introduction into Tonkin of arms, munitions of war, and immoral publica- tions is also prohibited.
Art. XVI.-Chinese residing in Annam shall be placed under the same condi- tions, with regard to criminal, fiscal, or other jurisdiction, as the subjects of the most favoured nation. Law-suits which may arise in China, in the open markets on the frontier, between Chin se subjects and Frenchmen or Annamites shall be decided in & Mixed Court by Chinese and French officers.
With reference to crimes or offences committed by Frenchmen or persons under French protection in China, in the places opened to trade, the procedure shall be in conformity with the stipulations of Articles XXXIII. and XXXIV. of the treaty of the 27th June, 1858.
Art. XVII.-If in the places opened to trade on the frontier of China Chinese deserters or persons accused of crimes against the Chinese law shall take refuge in the houses or on board the vessels of Frenchmen or persons under French protection
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ADDITIONAL CONVENTION BETWEEN FRANCE AND CHINA
61
the local authority shall apply to the Consul, " ho, on proof of the guilt of the accused, shall immediately take the necessary measures in order that they may be given up and delivered to the regular course of the law.
Chinese guilty or accused of crimes or offences who seek refuge in Annam shall, on the request of the Chinese authorities and on proof of their guilt, be sought for, arrested, and extradited in all cases where the subjects of the countries enjoying the most liberal treatment in the matter of extradition might be extradited from France. Frenchmen guilty or accused of crimes or offences, who seek refuge in China, shall, at the request of the French authorities and on proof of their guilt, be arrested and delivered up to the said authorities to be tried according to the regular process of law.
On both sides all concealment and connivance shall be avoided.
Art. XVIII.-In any difficulty not provided for in the preceding provisions recourse shall be had to the rules of the Maritime Cust ms, which, in conformity with existing treaties, are now applied in the open towns or ports.
In case these rules are insufficient the representatives of the two countries shall refer the matter to their respective Governments.
In accordance with the terms of Article VIII. of the treaty of the 9th June, 1885, the present stipulations may be revised ten years after the exchange of the ratifications.
Art. XIX. The present Convention of Trade, after having been ratified by the Governments, shall be promulgated in France, in China, and in Annam.
The exchange of the rat:fications shall take place at Peking within one year from the date of the signature of the Convention, or earlier if possible.
Done at Tientsin, in four copies, the 25th April, 1886, corresponding to the 22nd day of the third moon of the twelfth year of Kwang-Su.
(Signed)
[L.S.]
G. COGORDAN.
""
[L.B.]
E. BRUWAERT.
""
[L.8.]
LI HUNG-CHANG.
ADDITIONAL CONVENTION BETWEEN FRANCE AND CHINA, 1887
(Translated from the Chinese Text)
His Imperial Majesty the Emperor of China and the President of the French Republic, desiring to strengthen the commercial relations between the two countries and also to ratify and give effect to the Treaty signed at Tier.tsin on the 25th_April, 1886, have appointed Plenipotentiaries to take the necessary steps thereto. H.I.M. the Emperor of China has specially appointed H.I.H. Prince Ching and H.E. Sun Yu-wen, member of the Tsung-li Yamêu and Vice-President of the Board of Works. The President of the Republic has appointed His Excellency Constans, Deputy, ex-Minister of the Interior, and Minister Plenipotentiary in China. Who, having exchanged their full powers and established their authenticity in duo form, have agreed on the following Articl 8:-
Art. I.-Such articles of the Treaty signed at Tientsin as are not affected by this Convention shall on the exchange of the ratifications be put in force at once.
Art. II.-Whereas it was agreed by th› Treaty of 1886 that Lungchow in Kwangsi and M ngtzu in Yunnan should be opened to trade, and whereas Manghao, which lies between Paosheng and Mengtzu, is on the direct road between the two places by water, it is agreed that this also shall be opened to trade on the same conditions as the other ports, and that a deputy of the Consul at Mengtzu shall be allowed to reside there.
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Art. III.-In order to develop the trade between China and Tonkin as rapidly as possible the tariff rules laid down in Articles VI. and VII. of the Treaty of 1886 are temporarily altered, and it is agreed that foreign goods imported to Yunnan and Kwangsi from Tonkin shall pay 70 per cent. of the import duties collected by the Customs at the Coast Ports in China, and that produce exported from China to Ton- kin, shall pay 60 per cent. of the export duties in force at the Treaty Ports.
Art. IV.-Chinese produce which has paid import duties under Art. XI. of the Treaty of 1886, and is transported through Tonkin to a port of shipment in Cochin- China, shall if exported thence to any other place than China pay export duties accord- ing to the Franco-Annamite tariff.
Art. V.-Trade in Chinese native opium by land is allowed on payment of an export duty of Tls. 20 per picul, but French merchants or persons under French pro- tection may only purchase it at Lungchow, Mengtzu, and Manghao, but no more than Tls. 20 per picul shall be exacted from the Chinese merchants as inland dues. When opium is sold the seller shall give the buyer a receipt showing that the inland dues nave been paid, which the exporter will hand to the Customs when paying export duty. It is agreed that opium re-imported to China by the Coast Ports cannot claim the privileges accorded other re-imports of goods of native origin.
Art. VI.-French and Tonkinese vessels other than men-of-war and vessels carrying troops and Government stores plying on the Songkat and Caobang Rivers between Langshan and Caobang shall pay a tonnage due of 5 candareens per ton at Lungchow, but all goods on board shall pass free. Goods may be imported to China by the Songkat and Caobang Rivers or overland by the Government road, but until the Chinese Government establishes Custom-bouses on the frontier goods taken · overland must not be sold at Lungchow until they have paid duty there.
Art. VII.-It is agreed that should China enter into treaties with regard to com- mercial relations on her southern and south-western frontiers all privileges accorded by her to the most favoured nation are at once without further formality accorded to France.
Art. VIII. The above Articles having been agreed to and translated into Chinese, H.I.H.. the Prince on behalf of China and H.E. the Minister on behalf of France have signed duplicate copies and affixed their seals hereto.
Art. IX. When the ratifications of this Convention and of the Treaty of 1886 shall have been exchanged they shall be put in force as if they were one Treatv.
Art. X. The ratifications of the Convention shall be exchanged at Peking when the assent of His Imperial Majesty the Emperor of China and of His Excellency the President of the French Republic shall have been signified.
Signed at Peking on the 26th June, 1887.
E. CONSTANS.
PRINCE CHING.
SUN YU-WEN.
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GERMANY
TREATY OF AMITY, COMMERCE, AND NAVIGATION BETWEEN PRUSSIA AND CHINA
SIGNED IN THE German, French, and ChINESE LANGUAGES AT TIENTSIN, 2ND SEPTEMber, 1861
Ratifications Exchanged at Shanghai, 14th January, 1863
Treaty of Amity, Commerce, and Navigation, between the States of the German Customs Union, the Grand Duchies of Mecklenburg-Schwerin and Mecklenburg- Strelitz, and the free Hanseatic Towns of Lubeck, Bremen, and Hamburg on the one part, and China on the other part.
His Majesty the King of Prussia, for himself, as also on behalf of the other members of the German Zollverein, that is to say:-The Crown of Bavaria, the Crown of Saxony, the Crown of Hanover, the Crown of Wurtemburg, the Grand Duchy of Baden, the Electorate of Hesse, the Grand Duchy of Hesse, the Duchy of Brunswick, the Grand Duchy of Oldenburg, the Grand Duchy of Luxemburg, the Grand Duchy of Saxony, the Duchies of Saxe Meiningen, Saxe Altenburg, Saxe Coburg Gotha, the Duchy of Nassau, the Principalities Waldeck and Pyrm nt, the Duchies Anhalt, Dessau, Koethen, and Anhalt Bernburg, the Principalities Lippe, the Principalities Schwarzburg Sondershausen and Schwarzburg Rudolsadt, Reuss the Elder Line, and Reuss the Younger Line, the Free City of Frankfort, the Grand Baillewick Meisenheim of the Landgravate Hesse, the Baillewick Hamburg of the Landgravate Hesse, also the Grand Duchies Mecklenburg-Schwerin and Mecklenburg-Strelitz, and the Senates of the Hanseatic Towns, Lubeck, Bremen, and Hamburg, of the one part, and His Majesty the Emperor of China of the other part being sincerely desirous to establish friendly relations between the said States and China, have resolved to confirm the same by a Treaty of Friendship and Commerce, mutually advantageous to the subjects of both High Contracting Parties, and for that purpose have named for their Plenipotentiaries, that is to say :-
His Majesty the King of Prussia, Frederick Albert Count of Eulenburg, Chamberlain, His Majesty's Envoy Entraordinary and Minister Plenipotentiary, Knight of the Red Eagle, Knight of St. John, &c., &c., &c.; and His Majesty the Emperor of China, Cheong-meen, a member of the Imperial Ministry of Foreign Affairs at Peking, Director-General of Public Supplies, and Imperial Commissioner: and Chong-hee, Honorary Under-Secretary of State, Superintendent of the three Northern Ports, and Deputy Imperial Commissioner, who after having communicated to each other their respective full powers, and found the same in good and due form, have agreed upon the following articles:
Art. I.-There shall be perpetual peace and unchanging friendship between the contracting States. The subjects of both States shall enjoy full protection of person and property.
Art. II.-His Majesty the King of Prussia may, if he see fit, accredit a diplomatic agent to the Court of Peking, and His Majesty the Emperor of China may, in like manner, if he see fit, nominate a diplomatic agent to the Court of Berlin.
The diplomatic agent nominated by His Majesty the King of Prussia shall also represent the other contracting German States, who shall not be permitted to be represented at the Court of Peking by diplomatic agents of their own. His Majesty the Emperor of China hereby agrees that the diplomatic agent, so appointed by His Majesty the King of Prussia, may, with his fainily and establishment, permanently reside at the capital, or may visit it occasionally, at the option of the Prussian Government.
Art. III.-The diplomatic agents of Prussia and China shall, at their respective residences, enjoy the privileges and immunities accorded to them by international law ̧
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Their persons, their families, their residence, and their correspondence shall be held inviolable. They shall be at liberty to select and appoint their own officers, couriers, interpreters, servants, and attendants without any kind of molestation.
All expenses occasioned by the diplomatic missions shall be borne by the respective governments.
The Chinese Government agrees to assist His Prussian Majesty's diplomatic agent, upon his arrival at the capital, in selecting and renting a suitable house and other buildings.
Art. IV. The contracting German States may appoint a Consul-General, and for each port or city opened to foreign commerce a Consul, Vice-Consul, or Consular Agent, as their interests may require.
These officers shall be treated with due respect by the Chinese authorities, and enjoy the same privileges and immunities as the Consular officers of the most favoured nations.
In the event of the absence of a German Consular Officer, the subjects of the contracting German States shall be at liberty to apply to the Consul of a friendly Power, or in case of need to the Superintendent of Customs, who shall use all efforts to secure to them the privileges of this treaty.
Art. V.-All official communications addressed by the diplomatic agents of His Majesty the King of Prussia, or by the Consular officers of the contracting German States, to the Chinese authorities, shall be written in German. At present and until otherwise agreed, they shall be accompanied by a Chinese translation; but it is hereby mutually agreed that, in the event of a difference of meaning appearing between the German and Chinese texts, the German Government shall be guided by the sense expressed in the German text.
In like manner shall all official communications addressed by the Chinese autho- rities to the Ambassadors of Prussia, or to the Consuls of the contracting German States, be written in Chinese, and the Chinese authorities shall be guided by this text. It is further agreed that the translations may not be adduced as a proof in deciding difference.
In order to avoid future differences, and in consideration that all diplomatists of Europe are acquainted with the French language, the present treaty has been executed in the German, the Chinese, and the French languages. All these versions have the same sense and signification; but the French text shall be considered the original text of the treaty, and shall decide wherever the German and Chinese versions differ.
Art. VI.-The subjects of the contracting German States may, with their families, reside, frequent, and carry on trade or industry in the ports, cities, and towns of Canton, Swatow or Chao-chow, Amoy, Foochow, Ningpo, Shanghai, Tangchow or Chefoo, Tientsin, Newchwang, Chinkiang, Kiukiang; Hankow, Kiungchow (Hainan), and at Taiwan and Tamsui in the Island of Formosa. They are permitted to proceed to and from these places with their vessels and merchandise, and within these localities to purchase, rent, or let houses or land, build, or open churches, churchyards, and hospitals.
Art. VII.-Merchant vessels belonging to any of the contracting German States may not enter other ports than those declared open in this treaty. They must not, contrary to law, enter other ports, or carry on illicit trade along the coast. All vessels, detected in violating this stipulation shall, together with their cargo, be subject to, confiscation by the Chinese Government.
Art. VIII.-Subjects of the contracting German States may make excursions in the neighbourhood of the open ports to a distance of one hundred li, and for a time not exceeding five days.
Those desirous of proceeding into the interior of the country must be provided with a passport, issued by their respective Diplomatic or Consular authorities, and countersigned by the local Chinese authorities. These passports must upon demand be exhibited.
The Chinese authorities shall be at liberty to detain merchants and travellers subjects of any of the contracting German States, who may have lost their passports
TREATY BETWEEN PRUSSIA AND CHINA
66
until they have procured new ones, or to convey them to the next Consulate, but they shall not be permitted to subject them to ill-usage or allow them to be ill-used.
If is, however, distinctly understood that no passport may be given to places at present occupied by the rebels until peace has been restored.
Art. IX. The subjects of the contracting German States shall be permitted to engage compradores, interpreters, writers, workmen, sailors, and servants from any part of China, upon a remuneration agreed to by both parties, as also to hire boats for the transport of persons and merchandise. They shall also be permitted to engage Chinese for acquiring the Chinese language or dialects, or to instruct them in foreign languages. There shall be no restriction in the purchasing of German or Chinese books. Art. X.-Persons professing or teaching the Christian religion shall enjoy full protection of their persons and property, and be allowed free exercise of their religion.
Art. XI.-Any merchant-vessel of any of the contracting German States arriving at any of the open ports shall be at liberty to engage the services of a pilot to take her to port. In like manner, after she has discharged all legal dues and duties, and is ready to take her departure, she shall be permitted to select a pilot to conduct her out of port.
Art. XII.-Whenever a vessel belonging to any of the contracting German States has entered a harbour, the Superintendent of Customs may, if he see fit, depute one or more Customs officers to guard the ship, and to see that no merchandise is smuggled. These officers shall live in a boat of their own, or stay on board the ship, as may best suit their convenience. Their salaries, food, and expenses shall be defrayed by the Chinese Customs authorities, and they shall not be entitled to any fees whatever from the master or consignee. Every violation of this regulation shall be punished proportionally to the amount exacted, which shall be returned in full.
Art. XIII.-Within twenty-four (24) hours after the arrival of the ship, the master, unless he be prevented by lawful causes, or in his stead the supercargo or the consignee, shall lodge in the hands of the Consul the ship's papers and copy of the manifest.
Within a further period of twenty-four (24) hours the Consul will report to the Superintendent of Customs the name of the ship, the number of the crew, her registered tonnage, and the nature of the cargo.
If owing to neglect on the part of the master the above rule be not complied with within forty-eight hours after the ship's arrival he shall be liable to a fine of fifty (50) dollars for every day's delay; the total amount of penalty, however, shall not exceed two hundred (200) dollars.
Immediately after the receipt of the report, the Superintendent of Customs shall issue a permit to open hatches.
If the master shall open hatches and begin to discharge the cargo without said permit, he shall be liable to a fine not exceeding five hundred (500) dollars, and the goods so discharged without permit shall be liable to confiscation.
Art. XIV.-Whenever a merchant, a subject of any of the contracting German States, has cargo to land or ship, he must apply to the Superintendent of Customs for a special permit. Merchandize landed or shipped without such permit shall be subject to forfeiture.
Art. XV.-The subjects of the contracting German States shall pay duties on all goods imported or exported by them at the ports open to foreign trade according to the tariff appended to this treaty; but in no case shall they be taxed with higher duties than, at present or in future, subjects of the most favoured nations are liable to.
The commercial stipulations appended to this treaty shall constitute an integral part of the same, and shall therefore be considered binding upon both the high con- tracting parties.
Art. XVI.-With respect to articles subject to an ad valorem duty, if the German merchant cannot agree with the Chinese officers as to their value, then each party shall call in two or three merchants to examine and appraise the goods, and the highest price at which any of these merchants may declare himself willing to purchase them shall be assumed as the value of the goods.
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Art. XVII.-Duties shall be charged upon the net weight of each article; tare therefore to be deducted. If the German merchant cannot agree with the Chinese officers on the exact amount of tare, then each party shall choose from among the goods respecting which there is a difference a certain number of chests or bales, which being first weighed gross, shall afterwards be tared and the tare fixed accord- ingly. The average tare upon these chests or bales shall constitute the tare upon
the whole lot of packages.
Art. XVIII.-If in the course of verification there arise other points of dispute, which cannot be settled, the German merchant may appeal to his Consul, who will communicate the particulars of the differences of the case to the Superintendent of Customs, and both will endeovour to bring about an amicable arrangement. But the appeal to the Consul must be made within twenty-four hours, or it will not be attended to.
As long as no settlement be come to, the Superintendent of Customs shall not enter the matter at issue in his books, in order that a thorough investigation and the final settlement of the difference be not prejudiced.
Art. XIX.-Should imported goods prove to be damaged, a fair reduction of duty shall be allowed, in proportion to their deterioration. If any disputes arise, they shall be settled in the same manner as agreed upon in Art. XVI. of this treaty having reference to articles whieh pay duty ad valorem.
Art. XX.-Any merchant vessel belonging to one of the contracting German States having entered any of the open ports, and not yet opened hatches, may quit the same within forty-eight hours after her arrival, and proceed to another port, without being subject to the payment of tonnage-dues, duties, or any other fees or charges; but tonnage-dues must be paid after the expiration of the said forty-eight hours.
Art. XXI.-Import duties shall be considered payable on the landing of the goods, and duties of export on the shipping of the same. When all tonnage-dues and duties shall have been paid, the Superintendent of Customs shall give a receipt in full (port-clearance), which being produced at the Consulate, the Consular officer shall then return to the captain the ship's papers and permit him to depart on the
voyage.
Art. XXII.-The Superintendent of Customs will point out one or more bankers authorized by the Chinese Government to receive the duties on his behalf. The receipts of these bankers shall be looked upon as given by the Chinese Government. itself. Payment may be made in bars or in foreign coin, whose relative value to the Chinese Sycee silver shall be fixed by special agreement, according to circumstances, between the Consular Officers and the Superintendent of Customs.
Art. XXIII.-Merchant-vessels belonging to the contracting German States of more than one hundred and fifty tons burden shall be charged four mace per ton; merchant-vessels of one hundred and fifty tons and under shall be charged at the rate of one mace per ton.
The captain or consignee having paid the tonnage-dues the Superintendent of Customs shall give them a special certificate, on exhibition of which the ship shall be exempted from all further payment of tonnage-dues in any open port of China which the captain may visit for a period of four months, to be reckoned from the date of the port clearance mentioned in Art. XXI.
Boats employed by subjects of the contracting German States in the conveyance of passengers, baggage, letters, articles of provisions, or articles not subject to duties shall not be liable to tonnage dues. Any boat of this kind, however, conveying merchandize subject to duty, shall come under the category of vessels under one hundred and fifty tons, and pay tonnage-dues at the rate of one mace per register ton. Art. XXIV.-Goods on which duties have been paid in any of the ports open to foreign trade, upon being sent into the interior of the country shall not be subject to any but transit duty. The same shall be paid according to the tariff now existing, and may not be raised in future. This also applies to goods sent from the interior of the country to any of the open ports.
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67
All transit duties on produce brought from the interior to any of the open ports or importations sent from any of the open ports into the interior of China may be paid once for all.
If any of the Chinese officers violate the stipulations of this article by demanding illegal or higher duties than allowed by law, they shall be punished according to Chinese law.
Art. XXV.-If the master of a merchant vessel belonging to any of the contracting German States, having entered any of the open ports, should wish to land only a portion of his cargo, he shall only pay duties for the portion so landed. may take the rest of the cargo to another port, pay duties there, and dispose of the
same.
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Art. XXVI.-Merchants of any of the contracting German States, who may have imported merchandize into any of the open ports and paid duty thereon, if they desire to re-export the same, shall be entitled to make application to the Superintendent of Customs, who shall cause examination to be made to satisfy himself of the identity of the goods and of their having remained unchanged.
On such duty-paid goods the Superintendent of Customs shall, on application of the merchant wishing to export them to any other open port, issue a certificate, testifying the payment of all legal duties thereon.
The Superintendent of Customs of the port to which such goods are brought, shall, upon presentation of said certificate, issue a permit for the discharge and landing of them free of all duty, without any additional exactions whatever. But if, on comparing the goods with the certificate, any fraud on the revenue be detected, then the goods shall be subject to confiscation.
But if the goods are to be exported to a foreign port, the Superintendent of Customs of the port from which they are exported shall issue a certificate stating that the merchant who exports the goods has a claim on the Customs equal to the amount of duty paid on the goods. The certificate shall be a valid tender to the Customs in payment of import or export duties.
Art. XXVII.-No transhipment from one vessel to another can be made without special permission of the Superintendent of Customs, under pain of confiscation of the goods so transhipped, unless it be proved that there was danger in delaying the transhipment.
Art. XXVIII.-Sets of standard weights and measures, such as are in use at the Canton Custom House, hall be delivered by the Superintendent of Customs to the Consul at each port open to foreign trade. These measures, weights, and balances shall represent the ruling standard on which all demands and payments of duties are made and in case of any dispute they shall be referred to.
Art. XXIX.-Penalties enforced or confiscations made for violation of this Treaty, or of the appended regulations, shall belong to the Chinese Government.
Art. XXX.-Ships-of-war belonging to the contracting German States cruising about for the protection of trade, or being engaged in the pursuit of pirates, shall be at liberty to visit, without distinction, all ports within the dominions of the Emperor of China. They shall receive every facility for the purchase of provisions, the procuring of water, and for making repairs. The commanders of such ships shall hold intercourse with the Chinese authorities on terms of equality and courtesy. Such ships shall not be liable to payment of duties of any kind.
Art. XXXI.-Merchant vessels belonging to any of the contracting German States, from injury sustained, or from other causes, compelled to seek a place of refuge, shall be permitted to enter any port within the dominions of the Emperor of China without being subject to the payment of tonnage dues or duties on the goods, if only landed for the purpose of making the necessary repairs of the vessel, and Jemaining under the supervision of the Superintendent of Customs. Should any such vessel be wrecked or stranded on the coast of China, the Chinese authorities shall immediately adopt measures for rescuing the crew and for securing the vessel and The crew thus saved shall receive friendly treatment, and, if necessary, shall be furnished with means of conveyance to the nearest Consular station.
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TREATY RETWEEN PRUSSIA AND CHINA
Art. XXXII.-If sailors or other individuals of ships-of-war or merchant vessels belonging to any of the contracting German States desert their ships and take refuge in the dominions of the Emperor of China, the Chinese authorities shall, upon due requisition by the Consular Officer, or by the captain, take the necessary steps for the detention of tae deserter, and hand him over to the C. nsular Officer or to the captain. In like manner, if Chinese deserters or criminals take refuge in the houses or on board ships belonging to subjects of the contracting German States, the local Chinese authorities shall apply to the German Consular Officer, who will take the necessary measures for approbending the said deserter or criminal, and deliver him up to the Chinese authorities.
Art. XXXIII-If any vessel belonging to any of the contracting German States, while with n Chinese waters, be plunderel by pirates, it shall be the duty of the Chinese authorities to use every means to capture and punish the said pirates, to recover the stolen property where and in whatever condition it may be, and to hand the same over to the Consul for restoration to the owner. If the robbers or pirates cannot be apprehended, or the property taken cannot be entirely recovered, the Chinese authorities shall then be punished in accordance with the Chinese law, but they shall not be held pecuniarily responsible.
Art. XXXIV.-If subjects of any of the contracting German States have any occasion to address a communication to the Chinese authorities, they must submit the same to their Consular Officer, determine if the matter be just, and the lan- guige be proper and respectful, in which event he shall transmit the same to the proper authorities, or return the same for alterations. If Chinese subjects have occasion to address a Consul of one of the contracting German States, they must adopt the same course, and submit their communication to the Chinese authorities, who will act in like manner.
Art. XXXV.-Any subjects of any of the contracting German States having reason to complain of a Chinese, must first proceed to the Consular Offic r and state his grievance. The Consular Officer, having inquired into the merits of the case, will. endeavour to arrange it amicably. In like manner, if a Chinese have reason to complain of a subject of any of the contracting German States, the Consular Officer shall listen to his complaint and endeavour to bring about a friendly settlement. If the dispute, however, is of such a nature that the Consul cannot settle the same amicably, he shall then request the assistance of the Chinese authorities, that they may conjointly examine into the merits of the case, and decide it equitably.
Art. XXXVI.-The Chinese authorities shall at all times afford the fullest protection to the subjects of the contracting German States, especially when they are exposed to insult or violence. In all cases of incendiarism, robbery, or demolition, the local authorities shall at once dispatch an armed force to disperse the mob, to apprehend the guilty, and to punish them with the rigour of the law. Those rotbed or whose property has been demolished shall have a claim upon the despoilers of their property for indemnification, proportioned to the injury sustained.
Art. XXXVII.-Whenever a subject of His Majesty the Emperor of China fails to discharge the debts due to a subject of one of the contracting German States, or fraudulently absconds, the Chinese authorities, upon application by the creditor, will do their utmost to effect his arrest and to enforce payment of the debt. In like manner the authorities of the contracting German States shall do their utmost to enf rce the payment of debts of their subjects towards Chinese subjects, and to bring to justice any who fraudulently abscond. But in no case shall either the Chinese Government or the Government of the contracting German States be held responsible for the debts incurred by their respective subjects.
1
Art. XXXVIII.-Any subject of His Majesty the Emperor of China having committed a crime against a subject of one of the contracting German States, shall be apprehended by the Chinese authorities and punished according to the laws of China.
In like manner, if a subject of the contract ng German States is guilty of a crime against a subject of His Majesty the Emperor of China, the Consular Officer shall arrest him and punish him according to the laws of the State to which he belongs.
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69
Art. XXXIX.-All questions arising between subjects of the contracting German States in reference to the rights of property or person shall be submitted to the jurisdiction of the authorities of their respective States. In like manner will the Chinese authorities abstain from interfering in differences that may arise between subjects of one of the contracting German States and foreigners.
Art. XL.-The contacting parties agree that the German States and their subjects shall fully and equally participate in all privileges, immunites, and ad- vauta,es that have been, or may be he ea te, granel by His Majesty the Emperor of China to the government or subjects of any other nation. All changes made in favour of any nation in the tariff, in the customs duties, in tonnage and harbour dues, in import, export, or transtutis, shall as soon as they take effect, imme diately and without a new treaty, be equally applied to the contracting German States and to their merchants, shipowne s, and nav gators.
Art. XLI.-If in future the contract ng tern.an States desire a modification of any stipulation contained in this treaty, they shall be at liberty, after the lapse of ten years, dated from the day of the ratification of this treaty, to open negotiations to that effect. Six months before th ex iration of the ten years it must be officially notified to the Chinese Government that modifications of the treaty are desired, and in what these consist. If no such notification is made, the treaty remains in force for another
ten years.
Art. XLII.-The present treaty shall be ratified and the ratifications be exchanged within one year, dated from the day of sigature, the exchange of the ratiâcations to take place at Shanghai or Tientsin, at the option of the Prussian Government. Im- mediat ly after the exchange of ratifications has taken place, the treaty shall be brought to the knowledge of the Chinese authorities, and be promulgated in the capital and throughout the provinces of the Chinese Empire, for the guidance of the authorities. In faith wher of we, the respective Plenipotentiaries of the high contracting powers, have signed and sealed the present treaty.
Done in four copies, at Tientsin, this second day of September, in the vear of our Lord one thousand eight hundred and sixty-one, corresponding with the Chinese date the twenty-eighth day of the seventh moon of the eleventh year of Hien Fung.
COUNT EULENBURG. CHONG MEEN. CHONG HEE.
(Signel)
L.S.
"J
"
[L.S.]
[L.S.]
Separate Article
Art. I.-In addition to a treaty of amity, commerce, and navigation concluded this day between Prussia, the other states of the German Customs Union, the Grand Duchies of Mecklenburg-Schwerin and Mecklenburg Strelitz, the Hanseatic towns of Lubeck, Bremen, and Hamburg of the one part, and China of the other part, which treaty shall take effect after exchange of the ratifications within twelve months from its signature, an which stipulates that His Majesty the King of Prussia may nominate a diplomatic agent at the Court of Peking with a permanent residence at that capital, it has been convenanted between the respective Plenipotentiaries of these States, that, owing to and in consideration of the disturbances now prevailing in China, His Majesty the King of Prussia shall wait the expiration of five years after the exchange of ratifications of this treaty before he deputes a diplomatic agent to take his fixed residence at Peking.
In faith whereof the espective Plenipotentiaries have hereunto set their signa- tures. nd affixed their seals.
Done in four copies at Tlentsin, this second day of September, in the year of our Lord one tousand eight hundred an sixty-one, corresponding to the Chinese date of the twenty-eighth day of the seventh moon of the eleventh year of Hien Fung.
[L.S.] COUNT EULENBURG.
CHONG MEEN.
(Signed)
L.8.
"1
[L.8.]
CHONG HEE.
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SUPPLEMENTARY 1REATY BETWEEN GERMANY AND CHINA
Art. II. In addition to a treaty of amity, commerce, and naviga:ion, concluded between Prussia, the other States of the German Customs Union, the Grand Duchies of Mecklenburg-Schwerin and Mecklenburg-Strelitz, and the Hanseatic towns of Lubeck, Bremen, and Hamburg on the one part, and China on the other part.
It has been separately agreed that the Senates of the Hanseatic towns shall have the right to nominate for themselves a Consul of their own at each of the Chinese ports open for commerce and ravigation.
This separate article shall have the same force and validity as if included word for word in the above-mentioned treaty.
In faith whereof the respective Plenipotentiaries have signed this present separate article and affixed their seals.
Done in four copies at Tientsin, the second day of September, in the year of our Lord one thousand eight hundred and sixty-one, corresponding to the Chinese cate of the twenty-eighth day of the seventh moon of the eleventh year of Hien Fung.
(Signed)
[L.8.]
L.8.
"
"3
[L.S.]
COUNT EULENBURG.
CHONG MEEN. CHONG HEE.
SUPPLEMENTARY CONVENTION BETWEEN GERMANY AND CHINA
SIGNED AT PEKING IN THE GERMAN AND CHINESE LANGUAGES, ON THE 31ST MARCH, 1880
Ratified 16th September, 1881
TRANSLATED FROM THE German TEXT
His Majesty the German Emperor, King of Prussia, &c., in the name of the German Empire, and his Majesty the Emperor of China, wishing to secure the more perfect execution of the Treaty of the 2nd September, 1861, have, in conformity with Article XLI. of that Treaty, according to the terms of which the High Contracting German States are entitled, after a period of ten years, to demand a revision of the Treaty, decided to conclude a Supplementary Convention.
With this view they have appointed their Plenipotentiaries-viz., His Majesty the German Emperor, King of Prussia, &c., his Euvoy Extraordinary and Minister Plenipotentiary, Max August Scipio von Brandt; and His Majesty the Emperor of China, the Minister of the Tsung-li Yamen, the Secretary of State, &c., Shen Kue-fen; and the Secretary of State, &c., Chin Lien;
Who, after communicating to each other their full powers, and finding them in due form, have agreed upon the following Articles :-
Art. I.-Chinese concession.-The harbours of Ichang, in Hupei; Wuhu, in Anhui ; Wenchow, in Chekiang; and Pakhao, in Kwangtung, and the landing-places Tat'ung and Anking in Anhui; Huk'ow, in Kiangsi; Wusueh, Luchikow, and Shah- shih, in Hukuang, having already been opened, German ships are in future also to be permitted to touch at the harbour of Woosung, in the province of Kiangsu, to take in or discharge merchandise. The necessary Regulations are to be drawn up by the Taotai of Shanghai and the competent authorities.
German concession. In the event of special regulations for the execution of concessions which the Chinese Government may make to foreign Governments being attached to such concessions, Germany, while claiming these concessions for herself and for her subjects, will equally assent to the regulations attached to them.
Art. XI. of the Treaty of the 2nd September, 1861, is not affected by this regulation, and is hereby expressly confirmed.
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Should German subjects, on the strength to this article, claim privileges, immu- nities, or advantages which the Chinese Government may further concede to another Power, or the subject of such Power, they will also submit to the regulations which have been agreed upon in connection with such concession.
Art. II.-Chinese concession.-German ships, which have already paid tonnage dues in China, may visit all other open ports in China, as well as all ports not Chinese, without exception, without being again obliged to pay tonnage dues, within the given period of four months.
German sailing-vessels which remain in the same Chinese harbour for a longer period than fourteen days shall only pay for time over and above this period half of the tonnage dues stiulapted by Treay.
German concession. The Chinese Government shall have the right of appointing Consuls to all towns of Germany in which the Consuls of other States are admitted, and they shall enjoy the same rights and privileges as the Consuls of the most favoured nation.
Art. III.-Chinese concession.-The Chinese Commissioner of Customs, and the other competent authorities, shall, after agreeing upon the necessary regulations, themselves take measures for the establishment of bonded warehouses in all the open ports of China in which they are required in the interests of foreign commerce, and where local circumstances would admit of such an arrangement being made.
German concession.-German ships, visiting the open ports of Chica, shall deliver a manifest containing an exact statement as to the quality and quantity of their cargoes. Mistakes which may have occurred in the manifests can be rectified in the course of twenty-four hours (Sundays und holidays excepted). False state- ments as to the quantity and quality of cargo are punishable by confiscation of the goods and also by a fine, to be imposed upon the captain, but not to exceed the sum of Tis. 500.
Art. IV. Chinese concession.-The export duty on Chinese coal, exp rted by German merchants from the open ports, is reduced to 3 mace per ton. In those ports in which a lower duty on the export of coal has already being fixed upon, the lower duty remains in force.
German concession.-Any one acting as pilot for any kind of craft whatever, without being furnished with the regulation certificate, is liable to a fine not to exceed Tls. 100 for each separate case.
Regulations with a view to exercising a proper control over sailors are to be introduced with the last possible delay.
Art. V.-Chinese concession.-German ships in want of repairs in consequence of damages sustained within or without the port are not required to pay tonnage dues during the period necessary for repairs, which is to be fixed by the Inspectorate of Customs.
German concession.-Ships belonging to Chinese may not make use of the German flag, nor may German ships make use of the Chinese flag.
Art. VI.-Chinese concession.-In the event of German ships, no longer fit for sea, being broken up in any open port of China, the material may be sold without any import duty being levied upon it. But if the materials are to be brought ashore a "permit of discharge" must first be obtained for them from the Customs Inspec- torate, in the same manner as in the case of merchandise.
German concession.-If German subjects travel into the interior for their own pleasure without being in possession of a passport issued by the Consul and stamped by the proper Chinese autaority, the local authorities concerned are entitled to have them taken back to the nearest German Consulate, in order that the requisite supervision may be exercised over them. The offender is, in addition to this, liable to a fine up to 300 taels.
Art. VII.-Chinese concession.-Materials for German docks are free of duty. A list of articles which may be imported free of duty in conformity with this stipulation is to be drawn up and published by the Inspector-General of Cust‹ ms.
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SUPPLEMENTARY TREATY BETWEEN GERMANY AND CHINA
German concession.-Passes issued to German subjects for conveying foreign merchandise into the interior, as well as passports for the purpose of travelling issued to German subjects, are only to remain in force for a period of thirteen Chinese months from the day on which they were issued.
Art. VIII.-The settlement of the question relating to judicial proceedings in mixed cases, the taxation of foreign merchandise in the interior, the taxation of Chinese goods in the possession of foreign merchants in the interior, and intercourse between foreign and Chinese officials are to become the subject of special negotiation, which both Governments hereby declare themselves ready to enter upon.
Art. IX.-All the provisions of the former Treaty of the 2nd September, 1861, which have not been altered by this agreement, are hereby confirmed anew, as both parties now expressly declare.
In the cases of those articles, on the other hand, which are affected by the present treaty, the new interpretation of them is to be considered as binding.
Art. X. The present Supplementary Convention shall be ratified by their Majesties, and the ratifications exchanged at Peking, within a year from the date of its signature.
The provisions of the agreement come into force on the day of the exchange of the ratifications.
In witness whereof the plenipotentiaries of both the High Contracting Powers have sigued and sealed with their seals the above agreement in four copies, in the German and Chinese texts, which have been compared and found to correspond.
Done at Peking the 31st March, 1880, corresponding to the 21st day of the second month of the sixth year Kwang Su.
[L.S.] L.B.
(Signed)
""
[L.8.]
M. VON BRANDT. SHEN KUE-FEN. CHING LIEN.
SPECIAL STIPULATIONS to the Supplementary CONVENTION
For the sake of greater clearuess and completeness, it has seemed fitting to append a number of special stipulations to the Supplementary Convention.
The following stipulations must be observed by the subjects of both the Contracting Parties, in the same way as the stipulations of the Treaty itself. In proof whereof the plenipotentiaries of the two States have thereto set their seals and signatures:-
1. In accordance with the newly granted privileges for the port of Woosung, in the province of Kiangsu, German ships shall be at liberty to take in and to unload there merchandise which is either intended for Shanghai or comes from Shanghai; and for this purpose the competent authorities there shall have the right of devising regulations in order to prevent frauds on the taxes and irregularities of every kind; which regulations shall be binding for the merchants of both countries. German merchants are not at liberty to construct landing-places for ships, merchants' houses, or warehouses at the said place.
2.-An experiment to ascertain whether bonded warehouses can be established in the Chinese open ports shall first be made at Shanghai.
For this purpose
the Customs Director at the said place, with the Customs Inspector-General, shall forthwith draw up regulations suitable to the local conditions, and then the said Customs Director and his colleagues shall proceed to the establishment of such bonded warehouse.
S.-If any goods found on board a German ship, for the discharge whereof a written permit from the Customs Office is required, and not entered in the manifest, this shall be taken as proof of a false manifest, no matter whether a certificate of the reception of such goods on board, bearing the captain's signature, be produced or not. ·
SUPPLEMENTARY TREATY BETWEEN GERMANY AND CHINA
73
4. If a German ship, in consequence of damages received in one of the open Chinese ports, or outside thereof, needs repair, the time required for such repair shall be reckoned in addition to the term after the lapse of which tonnage-dues are to be paid. The Chinese authorities have the right to make the necessary arrange- ments for this purpose. But if it appears therefrom that this is only a pretext and a design to evade the legal payments to the Customs chest, the ship therein concerned shall be fined in double the amount of the tonnage-dues whereof it has tried to evade the payment.
5. No ships of any kind which belong to Chinese subjects are allowed to make use of the German flag. If there are definite grounds for suspicion that this has nevertheless been done, the Chinese authority concerned is to address an official communication thereon to the German Consul, and if it should be shown, in con- sequence of the investigation instituted by him, that the ship was really not entitled to bear the German flag, the stip as well as the goods found therein, so far as they belong to Chinese merchants, shall be immediately delivered over to the Chinese authorities for further disposal. If it be ascertained that German subjects were aware of the circumstances, and took part in the commission of the irregularity, the whole of the goods belonging to them found in the ship are liable to confiscation, and the people themselves to punishment according to law.
In case a German ship carries the Chinese flag without authority to do so, then, if it be ascertained through the investigation made by the Chinese authorities that the ship was really not entitled to bear the Chinese flag, the ship, as well as the goods found therein, so far as they belong to German merchants, shall be imme- diately delivered over to the German Consul for further disposal and the punishment of the guilty. If it be shown that German owners of goods were aware of the cir- cumstance and took part in the commission of this irregularity, all the goods belong- ing to them found in the ship shall incur the penalty of confiscation by the Chinese authorities. The goods belonging to Chinese may be immediately seized by the Chinese authorities.
6.-If, on the sale of the materials of a German ship which, from unseaworthi- nese, has been broken up in one of the open Chinese ports, an attempt be made to mix up with them goods belonging to the cargo, these goods shall be liable to con- fiscation, and, moreover, to a fine equal to double the amount of the import duty which they would otherwise have had to pay.
7.-If German subjects go into the interior with foreign goods, or travel there, the passes or certificates issued to them shall only be valid for thirteen Chinese months, reckoned from the day of their issue, and after the lapse of that term must no longer be used. The expired passes and certificates must be returned to the Customs. authorities in whose official district they were issued in order to le cancelled.
N.B.-If a pleasure excursion be undertaken into regions so distant that the term of a year appears insufficient, this must be noted on the pass by reason of an understanding between the Consul and the Chinese authority at the time it is issued.
If the return of the passport be omitted, no further pass shall be issued to the person concerned until it has taken place. If the pass be lost, no matter whether within the term or after its expiration, the person concerned must forthwith make a forinal declaration of the fact before the nearest Chinese authority. The Chinese official applied to will then do what else may be necessary for the invalidation of the pass. If the recorded declaration prove to be untrue, in case the transport of goods be concerned, they will be confiscated; if the matter relate to travelling, the traveller will be taken to the nearest Consul, and be delivered up to him for punishment.
8.-Materials for German docks only enjoy, in so far as they are actually employed for the repair of ships, the favour of duty-free importation, in open ports. The Customs authority has the right to send inspectors to the dock to convince themselves on the spot as to the manner and way in which the materials are being used. If the construction of a new ship be concerned, the materials employed for this, in so far as they are specially entered in the import or export tariff, will be
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reckoned at the tariff duty, and those not entered in the tariff at a duty of 5 per cent. ad valorem, and the merchant concerned will be bound to pay this duty subsequently.
Any one who wishes to lay out a dock is to get from the Customs Office a gratis Concession certificate, and to sign a written undertaking, the purport and wording whereof is to be settled in due form by the Customs office concerned.
9.-Art. XXIX. of the Treaty of the 2nd September, 1861, shall be applicable to the fines established by this present Supplementary Convention.
Done at Peking the 31st March, 1880, corresponding with the 21st day of the 2nd month of the 6th year Kwang Sü.
(Signed)
[L.B.] M. VON BRANDT.
[L.8.]
SHEN KUE-FEN.
"
[L.B.]
CHING LIEN.
THE PRINCE OF KUNG AND THE MINISTERS OF THE TSUNG-LI YAMEN
TO HERE VON BRANDT
Kwang Sü, 6th year, 2nd month, 21st day. (Peking, March 31st, 1880.)
With regard to the stipulation contained in the second Article of the Supple- mentary Convention concluded on occasion of the Treaty revision, that German sailing-ships which lie for a longer time than fourteen days in Chinese ports shall only pay for the time beyond that term the moiety of the tonnage dues settled by Treaty, the Plenipotentiaries of the two contracting parties have agreed and declared that the said stipulation shall first of all be introduced by way of trial, and that in case on carrying it out practical difficulties should arise, another stipula tion may be put in its place on the basis of a renewed joint discussion by both parties.
(Prince Kung and the MINISTERS OF THE TSUNG-LI YAMEN).
PROTOCOL.
The undersigned, who have been expressly empowered by their Government to make the following arrangements, have agreed that the term settled by the Pleni- potentiaries of the German Empire and of China in the Supplementary Convention concluded at Peking on the 31st March this year, for the exchange of the Ratifica- tion of the Convention, shall be prolonged till the 1st December, 1881.
The other stipulations of the Supplementary Convention of the 31st March, this year, are not affected by this alteration.
In witness whereof the undersigned have subscribed with their own hands and affixed their seals to this Agreement, in two copies of each of the German and Chinese texts, which have been compared with each other and found to correspond.
Done at Peking the 21st August, 1880, corresponding with the 16th day of the 7th month of the 6th year Kwang Sü.
M. VON BRANDT. SHEN KUE-FEN.
CHING LIEN.
(Signed)
"
[L.8.] [L.8.]
[L.S.]
""
[L.B.]
""
[L.S.]
LIN SHU.
"
[L.S.]
WANG NEEN-SHOU.
CHUNG LI.
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RUSSIA
TREATY BETWEEN RUSSIA AND CHINA
SIGNED, IN THE RUSSIAN, CHINESE, AND FRENCH LANGUAGES,
AT ST. PETERSBURG, 12TH FEBRUARY, 1881
Ratifications exchanged at St. Petersburg, 19th August, 1881
TRANSLATED FROM THE French TEXT
His Majesty the Emperor and Autocrat of all the Russias and His Majesty the Emperor of China, desiring to regulate some questions of frontier and trade touching the interests of the two Empires, in order to cement the relations of friendship between the two countries, have named for their plenipotentiaries, to the effect of establishing an agreement on these questions:
His Majesty the Emperor of all the Russias: His Secretary of State Nicholas de Giers, senator, actual privy councillor, directing the Imperial Ministry of Foreign Affairs, and his envoy extraordinary and minister plenipotentiary to His Majesty the Emperor of China, Eugène de Butz ›w, actual councillor of state.
And His Majesty the Emperor of China: Tseng, Marquess of Neyong, vice- president of the high court of justice, his envov extraordinary and minister plenipo- tentiary to His Majesty the Emperor of all the Russias, furnished with special powers to sign the present Treaty in quality of ambassador extraordinary.
The above named plenipotentiaries, furnished with full powers, which have been found sufficient. havo agreed upon the following stipulations
Art. I.-His Majesty the Emperor of all the Russias consents to the re- establishment of the Chinese Government in the country of Ili, temporarily occupied since 1871 by the Russian Armies. Russia remains in possession of this country, within the limits indicated by Article VII. of the present Treaty.
Art. II.-His Majesty the Emperor of China engages to decree the proper measures to shelter the inhabitants of the country of Ili, of whatever race and to whatever religion they belong, from all prosecution, in their goods or in their persons, for acts committed during or after the troubles that have taken place in that country. A proclamation in conformity with this engagement will be addressed by the Chinese authorities, in the name of His Majesty the Emperor of China, to the popula- tion of the country of Ili, before the restoration of this country to the said authorities.
Art. III. The inhabitants of the country of Ili will be free to remain in the places of their actual residence as Chinese subjects, or to emigrate to Russia and to adopt Russian dependence. They will be called to pronounce themselves on this subject before the re-establishment of Chinese authority in the country of Пli, and a delay of one year, from the date of the restoration of the country to the Chinese authorities, will be accorded to those who show a desire to emigrate to Russia. Chinese will oppose no impediment to their emigration or to the transportation of their moveable property.
The
Art. IV.-Russian subjects possessing land in the country of Ili will keep their rights of property, even after the re-establishment of the authority of the Chinese Government in that country.
This provision is not applicable to the inhabitants of the country of Ili who shall adopt Russian nationality upon the re-establishment of Chinese authority in this country.
Russian subjects whose lands are situated without places appropriated to Russian factories, in virtue of Article XIII. of the Treaty of Kuldja of 1851, ought to discharge the same taxes and contributions as Chinese subjects.
Art. V.-The two governments will appoint commissioners of Kuldja, who will proceed to the restoration on the one part, to the resumption on the other, of
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the administration of the province of Ili, and who will be charged, in general, with the execution of the stipulation of the present Treaty relating to the re-establish- ment, in this country, of the Chinese Government.
The said commissioners will fulfil their commission, in conforming to the understanding which will be established as to the mode of restoration on the one part and of resumption on the other, of the administration of the country of Ili, between the Governor-General of Turkestan and the Governor-General of Shansi and Kansub, charged by the two governments with the high direction of the affair.
The resuu.ption of the country of Ili should be finished within a delay of three months or sooner, if it can be done, dating from the day o: the arrival at Tashkend of the functionary who will be delegated by the Governor-General of Shansi and Kansuh to the Governor-General of Turkestan to notify to him the ratification and the promulgation of the present Treaty by His Majesty the Emperor of China.
Art. VI.-The Government of His Majesty the Emperor of China will pay to the Russian Government the sum of nine millions of metall.c roubles, designed to cover the expenses occasioned by the occupation of the country of Ili by the Russian troops since 1871, to satisfy all the pecuniary claims arising from, up to the present day, the losses which Russian subjects have suffered in their goods pillaged on Chinese territories, and to furnish relief to the families of Russian subjects killed in armed attacks of which they have been victims on Chinese territory.
The above mentione I sum of nine millions of m tallic roubles will be paid within the term of two years from the date of the exchange of the ratifications of the present Treaty, according to the order and the conditions agreed upon between the two governments in the special Protocol annexed to the pr sent Treaty.
Art. VII.-The western portion of the country of Ili is incorporated with Russia, in order to serve as a place of establishment for the inhabitants of this country who shall adopt the Russian dependence and who, by this action, will have had to abandon the lands which they possessed there.
The frontier between the possessions of Russia and the Chinese province of Ili will follow, starting from the mountains Bèdjin-taou, the course of the river Khorgos, as far as the place where this river falls into the river Ili, and, crossing the latter, will take a direction to the south, towards the mountains Ouzoun-taou, leaving to the west the village of Koldjat. Proceeding from this point it will follow, whilst being directed to the south, the delineation fixed by the protocol signed at Tchugut- chack in 1864.
Art. VIII-A part of the frontier line, fixed by the protocol signe at Tchugut- chack in 1864, at the east of the Lake Zaisan, having been found defective, the two governments will name commissioners who will modify, by a common agreement, the ancient delineation in such a manner as to remove the defects pointed out and to establish an effective separation between the Kirghiz tribes submitted to the two Empires.
To the new delineation will be given, as much as possible, an intermediate direc- tion between the old frontier and a straight line leading from the Kouitoun hill towards the Saour hills, crossing the Tcherny-Irtysh.
Art. IX.-The commissioners to be named by the two contracting parties will proce d to place posts or demarcation, as well on the delineation fixed by the preceding Articles VII. and VIII., as on the parts of the frontier where posts have not yet been placed. The time and the place of meeting of these commissioners shall be fixed by an understanding between the two governments.
The two governments will also name commissioners to examine the frontier and to place posts of demarcation between the Russian province of Ferganah aud the western part of the Chinese provine" o: Kashgar. The commissioners will take for the base of their work the existing frontier.
Art. X.-The right recognised by the treaties of the Russian Government to nominate Consuls to Ili, to Tarbagatai, to Kashgar, and to Ourga is extended, from the present time, to the towns of Soutcheon (Tsia-yu-kwan) and of Turfan. In the following towns: Kobdo, Uliassoutai, Khami, Urumtsi, and Goutchen, the Russian
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Government will establish consulates in proportion to the development of commerce, and after an understanding with the Chinese Governmen'.
The Consul of Soutcheou (Tsia-yu-kwan) and of Turfan will exercise consular functions in the neighbouring districts, where the interests of Russian subjects demand the presence.
The dispositions con'ained in Articles V. and VI. of the Treaty concluded at Peking in 1860, and relative to the concession of land for the houses for the con- sulates, for cemeteries, and for pasturage, will apply equally to the towns of Sout- cheou (Tsia-yu-kwan) and of Turfan. The local authorities will aid the Consul to find provisional habitations until the time when the houses of the consulates shall be built.
The Russian Consuls in Mongolia and in the districts situated on the two slopes of the Tien-shan will make use of, for their journeys and for their correspondence, the postal institutions of the government, conformably to the stipula ions of Article XI. of the Treaty of Tientsin and of Article XII. of the Treaty of Peking. The Chinese authorities, to whom they will address themselves for this purpose, will lend them aid and assistance.
The town of Turfan not being a locality open to foreign trade, the right of establishing a consulate will not be invoked as a precedent to obtaiu a right analogous to the ports of China for the provinces of the interior and for Manchuria.
Art. XI.-Russian Consuls will communicate, for affairs of service, either with the local authorities of the town of their residence, or with the superior authorities of the circuit or of the province, according as the interests which are respectively confided to them, the importance of the affairs to be treated of, and their prompt expedition shall require. As to the rules of etiquette to be observed at the time of their interviews and, in general, in their relations, they will be based upon the respect which he functionaries of two friendly powers reciprocally owe each other.
All the affairs which may arise on Chine-e territory, on the subject of commer. cial or other transactions, between those under the jurisdiction of the two states, will be examined and regulated, by a common agreement, by the consuls and the Chinese authorities.
1
In lawsuits on commercial matters, the two parties will terminate their difference amicably by means of arbitrators chosen by one side and the other. If agreement is not established in this way, the affair will be examined and regulated by the authorities of the two states.
Engagements contracted in writing, between Russian and Chinese subjects, relative to orders for merchandise, to the transport of it, to the location of shops, of houses, and of other places, or relating to other transactions of the same kind, may be presented for legalisation by the consulates and by the superior local administrations, who are bound to legalize the documents which are presented to them. In case of non-execution of the engagements contracted, the consul and the Chinese authorities will consult as to the measures necessary to secure the execution of these obliga'ions.
Art. XII-Russian subjects are authorized to carry on, as in the past, trade free of duties in Mongolia subject to China, as well in places and aimaks where there is a Chinese administration as in those where there is none.
Russian subjects will equally enjoy the right of carrying on trade free of duties in the towns and other localities of the provinces of Ili, of Tarbagatai, of Ka hgar, of Urumtsi, and others situated on the lopes north and south of the chain of the Ten-shan as far as the Great Wall. This immunity will be abrogated when the development of the trade necessitates the establishment of a customs tariff, conform- able to an understanding to be come to by the two Governments.
Russian subjecta can import into the above-named provinces of China and export from them every description of produce, of whatever origin they way be. They may make purchases and sales, whether in cash, or by way of exchange; they will have the right to make their payments in merchandise of every description.
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Art. XIII.-In the places where the Russian Government will have the right to establish consulates, as well as in the town of Kalgan, Russian subjects may construct houses, shops, warehouses, and other buildings, on the lands which they will acquire by means of purchase, or which may be conceded to them by the local authorities, conformably to that which has been established for Ili and Tarbagatai, by Article XIII. of the Treaty of Kuldja of 1851.
The privileges granted to Russian subjects, in the town of Kalgan, where there will not be a consulate, constitute an exception which cannot be extended to any other locality of the interior provinces.
Art. XIV.-Russian merchants who may wish to dispatch merchandise from Russia, by land, into the interior provinces of China, can, as formerly, direct it by the towns of Kalgan and Tungchow, to the port of Tientsin, and from there, to the other ports and interior markets, and sell it in those different places.
Merchants will use this same route to export to Russia the merchandise purobased, as well in the towns and ports above name l as in the interior markets.
They will equally have the right to repair, for matters of trade, to Soutcheou (Tsia-yu-kwan), the terminal point of the Russian caravans, and they will enjoy there all the rights grante i to Russian t'ade at Tientsin.
Art. XV.-Trade by land, exercised by Russian subjects in the interior and exterior provinces of China, will be governed by the Regulations annexed to the present Treaty.
The commercial stipulations of the present Treaty, as well as the Regulations which serve as a supplement to it, can be revised after an interval of ten years has elapsed from the date of the exchange of ratifications of the Treaty; but if, in the course of six months before the expiration of this term, neither of the contracting parties manifest a desire to proceed to the revision, the trade stipulations as well as the Regulations will remain in force for a new term of ten years.
Trade by sea route of Russian subjects in China will be subject to the general regulations establisled for foreign maritime commerce in China. If it becomes necessary to make modifications in these regulations, the two Governments will
•зtablish an understanding on this subject.
Art. XVI.-If the development of Russian overland trade provokes the necessity of the establishment, for goods of export and import in China, of a Customs tariff, more in relation than the tariffs actually in force, to the necessities of that trade, the Russian and Chines: Governments will proceed to an understanding on this subject, by adopting as a base for settling the duties of entry and exit the rate of five per cent. of the value of the goods.
Until the establishment of this tariff, the export duties on some kinds of teas of inferior quality, ac:ually imposed at the rates established for the tea of superior quality, will be diminishe proportionately to their value. The settling of these duties will be proceeded with, for each kind of tea, by an understanding between the Chinese Government and the envoy of Russia to Peking, within the term of one year, at the latest, from the date of the exchange of the ratifications of the present Treaty.
Art. XVII.-Some divergencies of opinion having arisen hitherto as to the application of Article X. of the treaty concluded at Peking, in 1860, it is established by these presents, that the stipulations of the above-named article, relative to the recoveries to be effected, in case of theft and the harbouring of eattle beyond the frontier, will be for the future interpreted in this sense, that at the time of the discovery of the individuals guilty of theft or the harbouring of cattle, they will be condemned to pay the real value of the cattle which they have not restored. It is underst od that in case of the insolvency of the individuals guilty of theft of cattle, the indemnity to be paid cannot be placed to the charge of the local authorities.
The frontier authorities of the two States will prosecute, with all the rigour of the laws of their country, the individuals guilty of the harbouring of or theft of cattle, and should take the measures in their power for the restitution to whom they belong of cattle diverted, or which may have passed the frontier.
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The traces of cattle turned aside or which may have passed the frontier may be indicated, not only to the guards of the frontier posts, but also to the elders of the nearest villages.
Art. XVIII. The stipulations of the treaty concluded at Aigoun the 16 h May, 1858, concerning the rights of the subjects of the two empires to navigate the Amoor, the Sungari, and the Oussouri, and to carry on trade with the populations of the riverine localities, are and remain confirmed.
The two Governments will proceed to the establishment of an understanding concerning the mode of application of the said stipulations.
Art. XIX.-The stipulations of the old treaties between Russia and China, not modified by the present Treaty, remain in full vigour.
Art. XX. The present Treaty, after having been ratified by the two Emperors, will be promulgated in each empire, for the knowledge and governance of each one. The exchange of ratifications will take place at St. Petersburg, within a period of six months counting from the day of the signature of the Treaty.
Having concluded the above Article, plenipotentiaries of the two contract- ing parties have signed and sealed two copies of the present Treaty, in the Russian, Chinese, and French languages. Of the three texts, duly compared and found in agreement, the French text will be evidence for the interpretation of the present Treaty.
ne.
Done at St. Petersburg, the twelfth of February, eighteen hundred and eighty-
(Signed) [L.B.]
L.8.
""
""
[L.8.]
NICOLAS DE GIERS. EUGENE BUTZOW. TSENG.
PROTOCOL
In virtue of Article VI. of the Treaty signed to-day by the plenipotentiaries of the Russian and Chinese governments, the Chinese Government will pay to the Russian Government the sum of nine millions of metallic roubles, designed to cover the expenses of the occupation of the country of Ili by the Russian troops and to satisfy divers pecuniary claims of Russian subjects. This sum shall be paid within a period of two years counting from the day of the exchange of the ratifica- tions of the Treaty.
Desiring to fix the mode of payment of the aforementioned sum the undersigned have agreed as follows:-
The Chinese Government will pay the equivalent of the sum of nine millions of metallic roubles in pounds sterling, say one million four hundred and thirty-one thousand six hundred and sixty-four pounds sterling two shillings to Messrs. Baring Brothers & Co. in London, in six equal parts, of two hundred and thirty- eight thousand six hundred and ten pounds sterling thirteen shillings and eight pence each, less the customary bank charges which may be occasioned by the transfer of these payments to London.
The payments shall be scheduled at four months' distance the one from the other; the first shall be made four months after the exchange of the ratifications of the Treaty signed to-day, and the last two years after that exchange.
The present protocol will have the same force and value as if it bad been inserted word for word in the Treaty signed to-day.
In faith of which the plenipotentiaries of the two Governments have signed the present protocol and have placed their seals to it.
Done at St. Petersburg, the twelfth of February, one thousand eight hundred and eighty-one.
NICOLAS DE GIERS.
EUGENE BUTZOW.
(Signed)
[L.8.]
L.8.
**
**
[L.S.]
TSENG.
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TRADE REGULATIONS BETWEEN RUSSIA AND CHINA
REGULATIONS FOR THE LAND TRADE
Art. I.-A trade by free exchange and free of duty (free trade) between Russian and Chinese subjects is authorised within a zone extending for fifty versts (100 li) on either side the frontier. The supervision of this trade will rest with the two Governments, in accordance with their respective frontier regula ions.
Art. II.-Russian subjects proceeding on business to Mongolia and to the districts situated on the northern and southern slopes of the Tian-shan mountains may only cross the frontier at certain points specified in the list annexed to those regulations. They must procure from the Russian authorities permits in the Russian and Chinese languages, with Mongolian and Tartar translation. The name of the owner of the goods, or that of the leader of the caravan, a specification of the goods, the number of packages, and the number of heads of cattle may be indicated in the Mongolian or Tartar languages, in the Chinese text of these permits. Merchants, on entering Chinese territory, are bound to produce their permits at the Chinese post nearest to the frontier, where, after examination, the permit is to be counter- signed by the chief of the post. The Chinese authorities are entitled to arrest merchants who bave crossed the frontier without permit, and to deliver them over to the Russian authorities nearest to the frontier, or to the competent Russian Consul, for the infliction of a severe penalty. In case of the permit being lost, the owner is bound to give notice to the Russian Consul, in order that a fresh one may be issued to him, and inform the local authorities, in order to obtain a temporary certificate which will enable him to pursue his journey. Merchandise introduced into Mongolia and the districts situated on the slopes of the Tian-shan, but which have found no sale there, may be forwarded to the towns of Tientsin and Sou- tcheou (Tsia-yu-kwan), to be sold or to be sent farther into China. With regard to the duties on such merchandise, to the issue of permits for its carriage, and to other Customs formalities, proceedings shall be taken in accordance with the following provisions.
Art. III.-Russian merchants forwarding goods from Kiachta and the Nertchinsk country to Tientsin must send them by way of Kalgan, Dounba, and Toun-tcheou. Merchandise forwarded to Tientsin from the Russian frontier by Kobdo and Kouihoua-tchen is to follow the same route. Merchants must be provided with transport permits issued by the Russiau authorities, and duly visè by the competent Chinese authorities, which must give, in the Chinese and Russian languages, the name of the owner of the goods, the number of packages, and a description of the goods they contain. The officials of the Chinese Custom houses situated on the road by which inerchandise is forwarded will proceed, without delay, to verily the number of the packages, and to examine the goods, which they will allow to pass onwards, after fixing a visa to the permit. Packages opened in the course of the Customs examinations will be closed again at the Custom-house, the number of packages opened being noted on the permit. The Customs examination is not to last more than two hours. The permits are to be presented within a term of six months at the Tientsin Custom-house to be cancelled. If the owner of the goods finds this term insufficient, he must at the proper time and place give notice to the Chinese authorities. In case of the permit being lost the merchant must give notice to the authorities who delivered it to him to obtain a duplicate and must for that purpose make known the number and date of the missing permit. The nearest Custom- house on his road, after having ascertained the accuracy of the merchant's declara- tions, will give him a provisional certificate, accompanied by which his goods may proceed on their journey. An inaccurate declaration of the quantity of the goods, if it be proved that it was intended to conceal sales effected on the road, or to escape payment of duty, will render the merchant liable to the infliction of the penalties laid down by Art. VIII. of the present regulations.
Art. IV. Russian merchants who may wish to sell at Kalgan any portion of the goods brought from Russia must make a declaration to that effect to the local authorities within the space of five days. Those authorities, after the merchant has
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paid the whole of the entrance duties, will furnish him with a permit for the sale of the goods.
Art. V.-Goods brought by Russian merchants by land from Russian to Tientsin will pay an entrance duty equivalent to two-thirds of the rate established by the tariff. Goods brought from Russia to Sou-tcheou (Tsia-yu-kwan) will pay in that town the same duties and be subject to the same regulations as at Tientsin.
Art. VI.-If the goods left at Kalgan, having paid the entrance duties, are not sold there, their owner may send them on to Toun-tcheou, or to Tientsin, and the Customs authorities, without levying fresh duties, will repay to the merchant one-third of the entrance duty paid at Kalgan, a note to that effect being made on the permit issued by the Kalgan Custom-house. Russian merchants, after paying transit dues, i.e., one-half of the duty specified in the tariff, may forward to the internal markets goods left at Kalgan which have paid the entrance dues, subject only to the general regulations established for foreign trade in China. A transport permit, which is to be produced at all the Custom-houses and barriers on the road, will be delivered for these goods. Goods not accompanied by such permit will have to pay duty at the Custom-houses they pass, and lekin at the barriers.
Art. VII.-Goods brought from Rus ia to Sou-tcheou (Tsia-yu-kwan) may be forwarded to the internal markets under the conditions stipulated by Art. IX. of these Regulations for goods forwarded from Tientsin destined for the internal market.
Art. VIII.-If it be ascertained, when the Customs examination of goods brought from Russia to Tientsin takes place, that the goods specified in the permit have been withdrawn from the packages and replaced by other, or that their quantity (after deducting what has been left at Kalgan) is smaller than that indicated in the permit, the whole of the goods included in the examination will be confiscated by the Customs authorities. It is understood that packages damaged on the road, and which, con- sequently, have been repacked, shall not be liable to confiscation, provided always that such damage has been duly declared at the nearest Custom-house, and that a note to such effect has been made by the office after it has ascertained the untouched condition of the goods as at first sent off. Goods concerning which it is ascertained that a portion has been sold on the road will be liable to confiscation. If goods have been taken by by-ways in order to evade their examination at the Custom- houses established on the routes indicated in Art. III., the owner will be liable to a fine equal in amount to the whole entrance duty. If a breach of the aforesaid regulations has been committed by the carriers, without the knowledge or convivance of the owner of the goods, the Customs authorities will take this circumstance into consideration in determining the amount of the fine. This provision only applies to localities through which the Russian land trade passes, and is not applicable to similar cases arising at the ports and in the interior of the provinces. When goods are confiscated the merchant is entitled to release them by paying the equivalent of their value, duly arrived at by an understanding with the Chinese authorities.
Art. IX.-Ou the exportation by sea from Tientsin to some other Chinese port opened to foreign trade by treaty of goods brought from Russia by land, the Tientsin Customs will levy on such goods one-third of the tariff duty, in addition to the two-thirds already paid. No duty shall be levied on these goods in other ports. Goods sent from Tientsin or the other ports to the internal markets are subject to transit dues (i.e., half of the tariff duty) according to the general provisions laid down for foreign trade.
Art. X.-Chinese goods sent from Tientsin to Russia by Russian merchants must be forwarded to Kalgan by the route indicated under Art. III. The entire export duty will be levied on these goods when they leave the country. Nevertheless, reimported goods bought at Tientsin, as well as those bought in another port and forwarded in transitu to Tientsin to be exported to Russia, if accompanied by a Customs receipt for the export duty, shall not pay a second time, and the half reimportation duty (coasting duty) paid at Tientsin will be repaid to the merchant if the goods upon which it has been paid are exported to Russia a year from
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the time of such payment. For the transport of goods in Russia the Russian Consul will issue a permit indicating in the Russian and Chinese languages the name of the owner of the goods, the number of packages, and the nature of the goods they contain. These permits will be visé by the port Custom authorities, and must accompany the goods for production when they are examined at the Custom-houses on the road. The rules given in detail in Article III. will be observed as to the term within which the permit is to be presented to the Custom-house to be cancelled, and as to the proceedings in case of the permit being lost. Goods will follow the route indicated by Article III., and are not to be sold on the road; a breach of this rule will render the merchant liable to the penalties provided for under Article VIII. Goods will be examined at the Custom-houses on the road in accordance with the rules laid down under Article III. Chinese goods bought by Russian merchants at Sou-tcheou (Tsia-yu-kwan), or brought by them from the internal markets to be forwarded to Russia, on leaving Sou-tcheou for Russia will have to pay the duty leviable upon goods exported from Tientsin, and will be subject to the regulations established for that port.
Art. XI.-Goods bought at Toun-tcheou, on leaving that place for Russia by land, will have to pay the full export duty laid down by the tariff. Goods bought at Kalgan will pay in that town, on leaving for Russia, a duty equivalent to half the tariff rate. Goods bought by Russian merchants in the internal markets, and brought to Toun-tcheou and Kalgan to be forwarded to Russia, will moreover be subject to transit dues, according to the general rules established for foreign trade in the internal markets. The local Custom-houses of the aforesaid towns after levying the duties will give the merchant a transport permit for the goods. For goods leaving Toun-tcheou this permit will be issued by the Dounba Customs authorities, to whom application is to be made for it, accompanied by payment of the duties to which the goods are liable. The permit will mention the prohibition to sell goods on the road. The rules given in detail in Article III. relative to permits, the examination of goods, &c., will apply in like manner to goods exported from the places mentioned in this Article.
Art. XII.-Goods of foreign origin sent to Russia by land from Tientsin, Toun- tcheou, Kalgan, and Sou-tcheou (Tsia-yu-kwan) will pay no duty if the merchant produces a Customs receipt acknowledging payment of the import and transit duties on those goods. If they have only paid entrance duties the competent Custom-house will call upon the merchant for the payment of the transit dues fixed by the tariff.
Art. XIII.-Goods imported into China by Russian merchants, or exported by them, will pay Custom duties according to the general tariff for foreign trade with China, and according to the additional tariff drawn up for Russian trade in 1862.
Goods not enumerated in either of those tariffs will be subject to a 5 per cent ad valorem duty.
Art. XIV. The following articles will be admitted free of export and import duty:-Gold and silver ingots, foreign coins, flour of all kinds, sago, biscuits, preserved meats and vegetables, cheese, butter, confectionery, foreign clothes, jewellery and silver plate, perfumery and soaps of all kinds, charcoal, firewood, candles of foreign manufacture, foreign tobacco and cigars, wine, beer, spirits, household stores and utensils to be used in houses and on board ship, travellers' luggage, official stationery, tapestries, cutlery, foreign medicines, glass ware, and ornaments. The above-mentioned aticles will pass free of duty on entering and on leaving by land; but if they are sent from the towns and poris mentioned in these regulations to the internal markets they will pay a transit duty of 21 per cent. ad valorem. Travellers' luggage, gold and silver ingots, and foreign coins will, however, not pay this duty.
Art. XV.-The exportation and importation of the following articles is prohibited, under penalty of confiscation in case of smuggling: -Gunpowder, artillery ammuni- tion, cannon, muskets, rifles, pistols, and all firearms, engines, and ammunition of war, salt, and opium. Russian subjects going to China may, for their personal defence, have one musket or one pistol each, of which mention will be made in the
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permit they are provided with. The importation by Russian subjects of saltpetre, sulphur, and lead is allowed only under special licence from the Chinese authorities, and those articles may only be sold to Chinese subjects who hold a special purchase- permit. The exportation of rice and of Chinese copper coin is forbidden. On the other hand, the importation of rice and of all cereals may take place duty free.
Art. XVI.-The transport of goods belonging to Chinese merchants is forbidden to Russian merchants attempting to pass them off as their own property.
Art. XVII.-The Chinese authorities are entitled to take the necessary measures. against smuggling.
Done at St. Petersburg, the 12th-24th February, 1881.
(Signed)
[L.8.]
L.8.
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[L.S.]
NICOLAS DE GIERS. EUGENE BUTZOW. TSENG.
PROTOCOL
The undersigned Nicolas de Giers, secretary of state, actual privy councillor, directing the Imperial Ministry of Foreign Affairs, and Tseng, Marquess of Neyong, vice-president of the high court of justice, envoy extraordinary and minister plenipotentiary of His Majesty the Emperor of China to His Majesty the Emperor of Russia, have met at the hotel of the Ministry of Foreign Affairs to proceed to the exchange of the acts of ratification of the Treaty between Russia and China, signed at St. Petersburg, the 12/24 February, 1881.
After perusal of the respective instruments, which have been acknowledged tex- tually conformable to the original act, the exchange of the act ratified by His Majesty the Emperor of Russia the 4/16 August, 1881, against the act ratified by His Majesty the Emperor of China the 3/15 May, 1881, nas taken place according to custom.
In faith of which the undersigned have drawn up the present procés-verbal, and have affixed to it the seal of their arms.
Ing.
Done at St. Petersburg, the 7th August, one thousand eight hundred and eighty-
(Signed)
[L.8.] L.8.
NICOLAS DE GIERS. TSENG.
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UNITED STATES
TREATY BETWEEN THE UNITED STATES OF AMERICA AND CHINA
SIGNED, IN The English and CHINESE Languages, at TIENTSIN, 18TH JUNE, 1858
Ratifications exchanged at Pehtang, 16th August, 1859
The United States of America and the Ta-Tsing Empire desiring to maintain firm, lasting, and sincere friendship, have resolved to renew, in a manner clear and positive, by means of a Treaty or general convention of peace, amity, and commerce, the rules which shall in future be mutually observed in the intercourse of their respective countries; for which most desirable object the Presi ent of the United States and the August Sovereign of the Ta-Ts ng Empire have named for their Plenipotentiaries, to wit: the President of the United States of America, William B. Reed, Envoy Extraordinary and Minister Plenipotentiarp to China; and His Majesty the Emperor of China, Kweiliang, a member of the Privy Council and Superintendent of the Board of Punishments, and Hwa-hana, President of the Board of Civil Office and Major-General o: the Bordered Blue Bann r Division of the Chinese Bannermen, both of them being Imperial Comissioners and Plenipot ntia- ries: And the said Ministers, iu virtue of the respective full powers they have received from their governments, have agreed upon th· following articles :-
Art. I.-There shall be, as there has always been, peace and friendship between the United States of America and the Ta-Ising Empire, and between their people respectively. They shall not insult or of press each other for any trifling cause, so as to produce an estrangement between them; and if any other nation should act unjustly or oppressively, the United States will exert their good offices, on being informed of the case, to bring about an amicable arrangement of the question, thus showing their friendly feelings.
Art. II.-In order to perpetuate friend-hip, on the exchange of ratifications by the President, with the advice and co: sent of the Senate of the United States, and by His Majesty the Emperor of China, this Treaty shall be kept and sacredly guarded in this way, viz.: The original Treaty, as ratified by the President of the United States, shall be deposited at Peking, the capital of His Majesty the Emperor of China, in charge of the Privy Council; and, as ratified by His Majesty the Emperor of China, shall be deposited at Washington, the capital of the United States, in charge of the Secretary of State.
Art. III.-In order that the people of the two countries may know and obey the provisions of this Treaty, the United States of America agree, immediately on the exchange of ratifications, to proclaim the same and publish it by proclamation in the Gazettes where the laws of the United States of America are publi hel by authority; and His Majesty the Emperor of China, on the exchange of ratifications, agrees immediately to direct the publication of the same at the capital and by the Governors of all the provinces.
Art. ÏV.-In order further to perpetuate friendship, the Minister or Commis- sioner, or the highest diplomatic representative of the United States of America ns China, shall at all times have the right to corre-pond on terms of p rfect equality anid confidence with the officers of the Privy Council at the capital, or with the Governor- General of the Two Kwang, of Fohkien and Chekiang, or of t e Two Kiang; and whenever he desires to have such corresp ndence with the Privy Council at the capital he shall have the right to send it through either of the said Gover ors-General, or by general post; and all such communications shall be most carefully respected. The Privy Council and Governors-General, as the case may be, shall in all cases consider and acknowledge such communications promptly and re pectfully.
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Art. V. The Minister of the United States of America in China, whenever he has business, shall have the right to visit and sojourn at the capital of His Majesty the
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Emperor of China and there confer with a member of the Privy Council or any other bigh officer of equal rank deputed for that purpose, on matters of common interest and advantage. His visits shall not exceed one in each year, and he shall complete his business without unnecessary delay. He shall be allowed to go by land or come to the mouth of the Pei-ho, in which he shall not bring ships-of-war, and he shall inform the authorities of th it place in order that boats may be provided for him to go on his journey. He is not to take advantage of this stipulation to request visits to the capital on trivial occasions. Whenever he means to proceed to the capital he shall communicate in writing his intention to the Board of Rites at the capital, and thereupon the said Board shall give the necessary direction to facilitate his journey, and give him necessary protection and respect on his way. On his arrival at the capital he shall be furnished with a suitable residence prepared for him, and he shall defray his own expenses; and his entire suite shall not exceed twenty persons exclusive of his Chinese attendants, none of whom shall be engaged in trade.
Art. VI. If at any time His Majesty the Emperor of China shall, by treaty voluntarily made, or for any other reason, permit the representative of any frien ly nation to reside at his capitil for a long or short time, then, without any further consultation or express permission, the representative of the United States in China shall have the same privilege.
Art. VII.-The superior authorities of the United States and of China in corresponding together shall do so on terms of equality and in form of mutual communication (chu-huui). The Consuls and the local officers, civil and military, in corresponding together shall likewise employ the style and form of mutual communication (chau-hwui). When inferior officers of the one government address the superior officers of the other they shall do so in the style and form of memorial (shin chin). Private individuals, in aldressing superior officers, shall employ the style of petition (pin-ching). In no case shall any terms or style be used or suffered which shall be offensive or disrespectful to either party. And it is agreed that no present, under any pretext or form whatever, shall ever be demanded of the United States by China, or of China by the Un ted States.
Art. VIII. In all future personal intercourse between the representative of the United States of America and the Governors-Ge: eral or Governors the interviews thall be had at the official residence of the said officers, or at their temporary resi- dence, or at the residence of the representative of the United States of America, whichever may be agreed upon between them; nor shall they make any pretext for declining thes interviews. Current matters shall be discussed by correspondence, so as not to give the trouble of a personal meeting.
Art. IX. Whenever national vessels of the United States of America, in cruising along the coast and among the ports opened for trade for the protection of the com- merce of their country, or the advancement of science, shall arrive at or near any of the ports of China, the cominanders of said ships and the superior local authorities of government shall, if it be necessary, hold intercourse on terms of equality and courtesy, in tok n of the friendly relations of their respective nations; and the said vessels shall enjoy all suitable facilities on the part of the Chinese Government in procuring provisions or other supplies, and making necessary repairs. And the United States of Ameri a agree that in case of the shipwreck of any American vessel and its being pillaged by pirates, or in case any American vessel shall be pillaged or captured by pirates on the seas adjacent to the coast, without being shipwrecked, the national v ssels of the United States shall pursue the said pirates, and if captured deliver them over for tial and punis ment.
Art. X.-The United States of America shall have the right to appoint Consuls and other commercial agents for the protection of tra e, to reside at such places in the domitions of China as shall be agred to be opened, who shall hold official intercourse and correspondence with the local officers of the Chinese Government (a Consul or a Vice Consul in charge taking rank with an intendant of circuit or a prefect), either personally or in writing, as occasion may require, on terms of equality and reciprocal respect. And the Consuls and local officers shall employ the style of mutual
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communication. If the officers of either nation are disrespectfully treated, or aggrieved in any way by the other authorities, they have the right to make representation of the same to the superior officers of the respective Governors, who shall see that full inquiry and strict justice shall be had in the premises. And the said Consuls and agents shall carefully avoid all acts of offence to the officers and people of China. On the arrival of a Consul duly accredited at any port in China, it shall be the duty of the Minister of the United States to notify the same to the Governor-General of the province where such port is, who shall forthwith recognize the said Consul and grant him authority to act.
Art. XI.-All citizens of the United States of America in China, peaceably attending to their affairs, being placed on a common footing of amity and good will with subjects of China, shall receive and enjoy for themselves and everything appertaining to them the protection of the local authorities of Government, who shall defend them from all insult or injury of any sort. If their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, shall immediately despatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigour of the law. Subjects of China guilty of any criminal act towards citizens of the United States shall be punished by the Chinese authorities according to the laws of China, and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of Chinese, or commit any other improper act in China, shall be punished only by the Consul or other public functionary thereto authorized, according to the laws of the United States. Ar- rests in order to trial may be made by either the Chinese or United States authorities. Art. XII.-Citizens of the United States, residing or sojourning at any of the ports open to foreign commerce, shall be permitted to rent houses and places of business or hire sites on which they can themselves build houses or hospitals, churches, and cemeteries, The parties intereste I can fix the rents by mutual and equitable agreement; the proprietors shall not demand an exorbitant price, nor shall the local authorities interfere, unless there be some objections offered on the part of the inhabitants respecting the place. The legal fees to the officers for applying their seal shall be paid. The citizens of the United States shall not unreasonably insist on particular spots, but each party shall conduct themselves with justice and moderation. Any desecration of the cemeteries by natives of China shall be severely punished according to law. At the places where the ships of the United States anchor, or their citizens reside, the merchants, seamen, or others can freely pass and repass in the immediate neighbourhood; but in order to the preservation of the public peace, they shall not go into the country to the villages and marts to sell their goods unlawfully, in fraud of the revenue.
Art. XIII.-If any vessel of the United States be wrecked or stranded on the coast of China and be subjected to plunder or other damage, the proper officers of the Government, on receiving information of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment, and be enabled to repair at once to the nearest port, and shall enjoy all facilities for obtaining supplies of provisions and water. If the merchant vessels of the United States, while within the waters over which the Chinese Government exercises jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities, eivil and military, on receiving information thereof, shall arrest the said robbers or pirates, and punish them according to law, and shall cause all the property which can be recovered to be restored to the owners, or plate in the hands of the Consul. If by reason of the extent of territory and numerous population of China, it shall in any ease happen that the robbers cannot be apprehen led, and the property only in part recovered, the Chinese Government shall not make indemnity for the goods lost; but if it shall be proved that the local authorities have been in collusion with the robbers, the same shall be communicated to the superior authorities for memorializing the Throne, and these officers shall be severely punished and their property be confiscated to repay the losses.
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Art. XIV. The citizens of the United States are permitted to frequent the ports and cities of Canton and Chan-chau, or Swatow, in the province of Kwangtung; Amoy, Foochow, and Tai-wan in Formosa, in the province of Fuhkien; Ningpo in the province of Chekiang; and Shanghai in the province of Kiangsu, and any other port or place hereafter by treaty with other powers or with the United States opened to cominerce; and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports to any other of them. But said vessels shall not carry on a clandestine or fraudulent trade at other ports of China, not declared to be legal, or along the coasts thereof; and any vessel under the American flag violating this provision shall, with her cargo, be subject to confiscation to the Chinese Govern- ment; and any citizen of the United States who shall trade in any contraband article of merchandise shall be subject to be dealt with by the Chinese Government, without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover for the violation of the laws of the Empire.
Art. XV.-At each of the ports open to commercc, citizens of the United States shall be permitted to import from abroad, and sell, purchase, and export all merchan- dise of which the importation or exportation is not prohibited by the laws of the Empire. The tariff of duties to be paid by the citizens of the United States, on the export and import of goods from and into China, shall be the same as was agreed upon at the Treaty of Wanghia, except so far as it may be modified by treaties with other nations, it being expressly agreed that citizens of the United States shall never pay higher duties than those paid by the most favoured nation.
Art. XVI.-Tonnage duties shall be paid on every merchant vessel belonging to the United States entering either of the open ports at the rate of four mace per ton of forty cubic feet, if she be over one hundred and fifty tons burden; and one mace per ton of forty cubic feet if she be of the burden of one hundred and fifty tons or under, according to the tonnage specified in the register; which, with her other papers, shall, on her arrival, be lodged with the Consul, who shall report the same to the Commis- sioner of Customs. And if any vessel, having paid tonnage duty at one port, shall go to any other port to complete the disposal of her cargo, or being in ballast, to purchase an entire or fill up an incomplete cargo, the Consul shall report the same to the Commissioner of Customs, who shall note on the port-clearance that the tonnage duties have been paid, and report the circumstance to the collectors at the other Custom-houses; in which case, the said vessel shall only pay duty on her cargo, and not be charged with tonnage duty a second time. The collectors of Custom at the open ports shall consult with the Consuls about the erection of beacons or light- houses, and where buoys and light ships should be placed.
Art. XVII.-Citizens of the United States shall be allowed to engage pilots to take their vessels into port, and, when the lawful duties have all been paid, take them out of port. It shall be lawful for them to hire at pleasure servants, compradores, linguists, writers, labourers, seamen, and persons for whatever necessary service, with passage or cargo-boats, for a reasonable compensation, to be agreed upon by the parties or determined by the Consul.
Art. XVIII.-Whenever merchant vessels of the United States shall enter a port, the Collector of Customs shall, if he see fit, appoint Custom-house officers to guard said vessels, who may live on board the ship or their own boats, at their convenience. The local authorities of the Chinese Government shall cause to be apprehended all mutineers or deserters from on board the vessels of the United States in China on being informed by the Consul, and will deliver them up to the Consuls or other officers for punishment. And if criminals, subjects of China, take refuge in the houses, or on board the vessels of citizens of the United States, they shall not be harboured, but shall be delivered up to justice on due requisition by the Chinese local officers, addressed to those of the United States. The merchants, seamen, and other citizens of the United States shall be under the superintendence of the appropriate officers of their government. If individuals of either nation commit acts of violence or disorder, use arms to the injury of others, or create disturbances endangering life, the officers of
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the two governments will exert themselves to enforce order and to maintain the public peace, by doing impartial justice in the premises.
Art. XIX.-Whenever a merchant vessel belonging to the United States shall cast anchor in either of the said ports, the supercargo, master, or consignee, sball, within forty-eight hours, deposit the ship's papers in the hands of the Consul or person charged with his functions, who shall cause to be communicated to the Super- intendent of Customs a true report of the name and tonnage of such vessel, the number of her crew, and the nature of ber cargo, which being done, he shall give a permit fcr her discharge. And the master, supercargo, or consignee, if he proceed to discharge the cargo without such permit, shall incur a fine of five hundred dollars, and the goods so discharged without permit shall be subject to forfeiture to the Chinese Government. But if a master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, paying duty on such part only, and to proceed with the remainder to any other ports. Or if the master so desire, he may within forty- eight hours after the arrival of the vessel, but not later, decide to depart without breaking bulk; in which case he shall not be subject to pay tonnage or other duties or charges, until, on his arrival at another port, he shall proceed to discharge cargo, when he shall pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held due after the expiration of the said forty-eight hours. In case of the absence of the Consul or person charged with his functions, the captain or supercargo of the vessel may have recourse to the consul of a friendly power; or, if he please, directly to the Superintendent of Customs, who shall do all that is required to conduct the ship's business.
Art. XX.-The Superintendent of Customs, in order to the collection of the proper duties, shall, on application made to him through the Consul, appoint suitable officers, who shall proceed, in the presence of the captain, supercargo, or consignee. to make a just and fair examination of all goods in the act of being discharged for importation, or laden for exportation, on board any merchant vessel of the United States. And if disputes occur in regard to the value of goods subject to ad valorem duty, or in regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the question may, within twenty-four hours, and not after- wards, be referred to the said Consul to adjust with the Superintendent of Customs, Art. XXI.-Citizens of the United States who may have imported merchandise into any of the free ports of China, and paid the duty thereon, if they desire to re-export the same in part or in whole to any other of the said ports, shall be entitled to make application, through their Consul, to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made, by suitable officers, to see that the duties paid on such goods as are entered on the Custom- house books correspond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the port-clearance of the goods and the amount of duties paid on the same, and deliver the same to the merchant, and shall also certify the facts to the officers of Customs at the other ports; all which being done, on the arrival in port of the vessel in which the goods are laden, and everything being found, on examination there, to correspond, she shall be permitted to break bulk, and land the said goods without being subject to the payment of any additional duty thereon. But if, on such examination, the Superintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese Government. Foreign grain or rice brought into any port of China in a ship of the United States, and not landed, may be re-exported without hindrance.
Art. XXII. The tonnage duty on vessels of the United States shall be paid on their being admitted to entry. Duties of import shall be paid on the discharge of the goods, and duties of export on the lading of the same. When all such duties shall have been paid, and not before, the Collector of Customs shall give a port-clearance, and the Consul shall return the ship's papers. The duties shall be paid to the shroffs authorized by the Chinese Government to receive the same. Duties shall be paid and received either in sycee silver or in foreign money, at the rate of the day." If the
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Consul permits a ship to leave the port before the duties and tonnage dues are paid, be shall be held responsible therefor.
Art. XXIII. When goods on board any merchant vessel of the United States in port require to be transhipped to another vessel application shall be made to the Consul, who shall certify what is the occasion therefor to the Superintendent of Customs, who may appoint officers to examine into the facts and permit the transhipment. And it any goods be transhipped without written permits, they shall he subject to be forfeited to the Chinese Government.
Art. XXIV.-Where there are debts due by subjects of China to citizens of the Tuited States, the latter may seek redress in law; and on suitable representation being made to the local authorities through the Consul, they will cause due examination in the premises, and take proper steps to compel satisfaction. And if citizens of the United States be indebted to subjects of China, the latter may seek redress by representation through the Consul, or by suit in the Consular Court; but neither government will hold itself responsible for such debts.
Art. XXV.-It shall be lawful for the officers or citizens of the United States to employ scholars and people of any part of China, without distinction of persons, to teach any of the languages of the Empire, and assist in literary labours, and the persons so employed shall not for that cause be subject to any injury on the part either of the Government or individuals; and it shall in like manner be lawful for citizens of the United States to purchase all manner of books in China.
Art. XXVI.-Relations of peace and amity between the United States and China being established by this treaty, and the vessels of the United States being admitted to trade freely to and from the ports of China opeu to foreign commerce, it is further agreed that, in case at any time hereafter China should be at war with any foreign nation whatever, and should for that cause exclude such nation from entering her ports, still the vessels of the United States shall not the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent powers, full respect being paid to the neutrality of the flag of the United States, provided that the said flag shall not protect vessels engaged in the transportation of officers or soldiers in the enemy's service, nor shall said flag be fraudulently used to enable the enemy's ships, with their cargoes, to enter the ports of China; but all such vessels so offending shall be subject to forfeiture and confisca- tion to the Chinese Government.
Art. XXVII.-All questions in regard to rights whether of property or person, arising between citizens of the United States in China, shall be subject to the jurisdiction and be regulated by the authorities of their own governmeut; and all controversies occurring in China between citizens of the United States and the subjects of any other government shall be regulated by the treaties existing between the United States and such governments respectively, without interference on the part of China.
Art. XXVIII.-If citizens of the United States have special occasion to address any communication to the Chinese local officers of Government, they shall submit the same to their Consul or other officer, to determine if the language be proper and respectful, and the matter just and right, in which event be shall transmit the same to the appropriate authorities for their consideration and action in the premises. If subjects of China have occasion to address the Consul of the United States they may address him directly, at the same time they inform their own officers, representing the case for his consideration and action in the premises; and if controversies arise between citizens of the United States and subjects of China, which cannot be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity by the public officers of the two nations, acting in conjunction. The extortion of illegal fees is expressly prohibited. Any peaceable persons are allowed to enter the Court in order to interpret, lest injustice be done.
Art. XXIX.-The principles of the Christian Religion, as professed by the Protestant and Roman Catholic Churches, are recognised as teaching men to do good, and to do to others as they would have others to do to them. Hereafter those who
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ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA
quietly profess and teach these doctrines saall not be harassed or persecuted on account of their faith. Any person, whether citizen of the United States or Chinese convert, who, according to those tenets, peaceably teaches and practises the principles of Christianity, shall in ne case be interfered with or molested.
Art. XXX. The contracting parties hereby agree that should at any time the Ta-Tsing Empire grant to any nation, or the merchants or citizens of any nation, any right, privilege, or favour, connected either with navigation, commerce, political or other intercourse, which is not conferred by this Treaty, such right, privilege, and favour shall at once freely enure to the benefit of the United States, its public officers, merchants, and citizens.
The present Treaty of peace, amity, and commerce shall be ratified by the President of the United States, by and with the advice and consent of the Senate, within one year, or sooner, if possible, and by the August Sovereign of the Ta-Tsing Empire forthwith; and the ratifications shall be exchanged within one year from the date of the signature thereof.
In faith whereof we, the respective plenipotentiaries of the United States of America and of the Ta-Tsing Empire, as aforesaid, have signed and sealed these presents.
Done at Tientsin, this eighteenth day of June in the year of our Lord one thousand eight hundred and fifty-eight, and the Independence of the United States of America the eighty-second, and in the eighth year of Hien Fung, fifth moon, and eighth day.
[L.8.]
L.8.
L.S.]
WILLIAM B. REED.
KWEILIANG.
HWASHANA.
[Appended to the foregoing Treaty are Tariff and Rules identical with those annexed to the British Treaty of Tientsin.]
ADDITIONAL ARTICLES TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND CHINA OF 18TH JUNE, 1858
SIGNED, IN THE ENGLISH AND Chinese Languages, at WaSHINGTON, 28TH JULY, 1868
Ratifications Exchanged at Peking 23rd November, 1869
Whereas, since the conclusion of the Treaty between the United States of America and the Ta-Tsing Empire (China) of the 18th June, 1858, circumstances have arisen showing the necessity of additional articles thereto: the President of the United States and the August Sovereign of the Ta-Tsing Empire have named for their Plenipotentiaries: to wit, the President of the United States of America, William R. Seward, Secretary of State; and His Majesty the Emperor of China, Anson Burlingame, accredited as his Envoy Extraordinary and Minister Plenipo- tentiary, and Chih-kang and Sun-chia-ku, cf the second Chinese rank, associated high Envoys and Ministers of his said Majesty; and the said Plenipotentiaries, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles:-
Art. L-His Majesty the Emperor of China, being of the opinion that in making concessions to the citizens or subjects of foreign powers, of the privilege of residing on certain tracts of land, or resorting to certain waters of that Empire, for purposes of trade, he has by no means relinquished his right of eminent domain or dominion over the said lands and waters, hereby agrees that no such concession or grant shall be construed to give to any power or party which may be at war with or hostile to
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ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA
91
the United States, the right to attack the citizens of the United States, or their property, within the said lands or waters: And the United States, for themselves, hereby agree to abstain from offensively attacking the citizens or subjects of any power or party, or their property, with which they may be at war, on any such tract of land or water of the said Empire. But nothing in this article shall be construed to prevent the United States from resisting an attack by any hostile power or party upon their citizens or their property.
It is further agreed that if any right or interest in any tract of land in China, has been, or shall hereafter be, granted by the Government of China to the United States or their citizens for purposes of trade or commerce, that grant shall in no event be construed to divest the Chinese Authorities of their right of jurisdiction over persons and property within said tract of land except so far as the right may have been expressly relinquished by treaty.
Art. II. The United States of America and His Majesty the Emperor of China, believing that the safety and prosperity of commerce will thereby best be promoted, agree that any privilege or immunity in respect to trade or navigation within the Chinese dominions which may not have been stipulated for by treaty, shall be subject to the discretion of the Chinese Government, and may be regulated by it accordingly, but not in a manner or spirit incompatible with the Treaty stipulations of the parties. Art. III.-The Emperor of China shall have the right to appoint Consuls at ports of the United States, who shall enjoy the same privileges and immunities as those which are enjoyed by public law and treaty in the United States by the Consuls of Great Britain and Russia or either of them.
Art. IV. The 29th article of the Treaty of the 18th June, 1858, having stipulated for the exemption of the Christian citizens of the United States and Chinese converts from persecution in China on account of their faith; it is further agreed that citizens of the United States in China of every religious persuasion, and Chinese subjects in the United States, shall enjoy entire liberty of conscience, and shall be exempt from all disability or persecution on account of their religious faith or worship in either country. Cemeteries for sepulture of the dead, of whatever nativity or nationality, shall be held in respect and free from disturbance or profanation.
Art. V.-The United States of America and the Emperor of China cordially recognize the inherent and inalienable right of man to change his home and allegiance, and also the mutual advantage of the free migration and emigration of their citizens and subjects respectively from the one country to the other for the purposes of curiosity, of trade, or as permanent residents. The High Contracting Parties, therefore, join in reprobating any other than an entirely voluntary emigration for these purposes. They consequently agree to pass laws, making it a penal offence for a citizen of the United States, or a Chinese subject, to take Chinese subjects either to the United States or to any other foreign country; or for a Chinese subject or citizen of the United States to take citizens of the United States to China, or to any other foreign country, without their free and voluntary consent respectively.
And
Art. VI.-Citizens of the United States visiting or residing in China shall enjoy the same privileges, immunities, or exemptions, in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favoured nation. reciprocally, Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immunities, and exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favoured nation. But nothing herein contained shall be held to confer naturalization upon citizens of the United States in China, nor upon the subjects of China in the United States.
Art. VII.-Citizens of the United States shall enjoy all the privileges of the public educational institutions under the control of the Government of China; and reciprocally Chinese subjects shall enjoy all the privileges of the public educational institutions under the control of the Government of the United States, which are enjoyed in the respective countries by the citizens or subjects of the most favoured nation. The citizens of the United States may freely establish and maintain schools within the Empire of China at those places where foreigners are by treaty permitted
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to reside; and reciprocally, Chinese subjects may enjoy the same privileges and immunities in the United States.
Art. VIII. The United S ates, always disclaiming and discouraging all prac tices of unnecessary dictation and intervention by one nation in the affairs or d mestic administration of anther, do hereby freely isclaim and d savow any intention or right to intervene in the domestic administration of China in regard to the construc- tion of railroads, telegraphs, or other material internal inprovements. On the other hand, His Majesty the Emperor of China reserves to himself the right to decide the time and manner and circumstances of introducing such improvements within his dominions. With this mutual understanding it is agreed by the contracting parties that, if at any time he eafter his Imperial Majesty shall determine to construct, or cause to be constructed, works of the character mentioned within te Empire, and shall make application to the United States or any other Western Power or facilities to carry out that policy, the United States will in that case desigua:e or authorize suitable engineers to be employed by the Chinese Government, and will recommend to ot er nations an equal compliance with such applications; the Chinese Government in that case protecting such engineers in their persons and property, and paying them a reasonable compensation for their services.
In faith whereof, the respective Plenipotentiaries have signed this treaty and thereto affixed the seals of their arms.
Done at Washington, the 28th day of Jnly, in the year of our Lord one thousand eight hundred and sixty-eŊght.
[L.8.]
(Signed)
L.8.
""
[L.S. [L.8.]
92
"
WILLIAM H. SEWARD. AN ON BURLINGAME. CHIH KANG.
SUN CHIA-KU.
IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE UNITED STATES AND CHINA
Signed at Pexing, in the English and Chinese Languages, ON THE 17TH NOVEMBER, 1880
The Immigration Treaty.
Whereas, in the eighth year of Hien Fung, Anno Domini 1858, a treaty of peace and friendship was concluded between the United States of America and China and to which were added in the seventh year of Tung Chi, Anno Domini 1868, certain supplen entary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obered; and
Whereas the Government of the United States, because of the constantly in- creasing immigration of Chinese labourers to the territ ry of the United States, and the embarrassments consequent upon such immigration, now desires to negotiate a modification of the existing treaties which will not be in direct contravention of their spirit; now, therefore, the President of the United States of America appoints James B. Angell, of Michigan; John F. Swift, of California; and William H. Trescott, of South Carolina, as his Commissioners Plenipotentiary; and His Imperial Majesty the Emperor of China has appointed Pao Chun, a member of His Imperial Majesty'm Privy Council and Superintendent of the Board of Civil Office, and Li Hung Tsao, member of His Imperial Majesty's Privy Council, as his Commissioners Plenipo- tentiary; and the said Commissioners Plenipoten iary, having conjointly examined their full powers, and having discussed the joints of possible modifications in existing treaties, have agreed upon the following articles in modification:-
Art. I.-Whenever, in the opini n of the Government of the United States, tɛe coming of Chinese labourers to the United Stats, or their residence therein, affects,
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or threatens to affect, th· int re-ts of that country, or to endanger the go ›d order of any locality within the territory thereof, the Government of China agrees that the Government of the United States may rezulate, limit, or suspend such coming or residence, but may not absolutely prohibit it. The limitation or suspension shall be reasonable, and sha I apply only to Chinese who may go to the United States as labourers, other classes not being included in the limitation. Legislation in r gard to Chinese labourers will be of such a character only as is necessary to enforce the regulation, limitation, or suspension of immigration, and immigrants shall not be subject to personal maltreatmert or buse.
+
Art. II.-Chinese subje ts, whether proceeding to the United States as traders or students, merchants, or from curios ty, together with their body and hous hold servants, and Chinese labourers wh are now in the United States, shall be allowed to go and come of their own free will and acc rd, and shli be accorde 1 all the rights, privileges, immunities, and exemptions which are accorded to the citizens and subjects of the most favoured nations.
Art. III. If Chinese labourers, or Chinese of any other class, now either permanently or temporarily residing in th· terri ory of the United States, meet with ill-treatment at the hands of any other persons, the Government of the United States will exert all its power to devise measures for their protection, and secure to them the same rights, privileges, immunities, and exempt ons as may be enjoyed by the citizens or subjects of the most favoured nation, and to which they are entitled by treaty.
Art. IV. The high contracting Powers, having agreed upon the foregoing Articles, whenever the Governineut of the United States shall adopt legislative measures in accordance therewith, such measures will be cominunicated to the Government of Chin, and if the measures, as effected, are found to work hardship upon the subjec:s of China, the Chinese Minister at Washington may bring the matter to the notice of the Secre'ary of State of the United State, who will consider the subject with hin, and the Chinese Foreign Office may also bring the matter to the notice of the U.S. Minister at Peking and consider the subject with him, to the end that mutual and unqualified benefit may result. In faith whereof, the Pleu po- tenti ries have signed and sealed the foregoing at Peking, in English and Chinese, there being three orig nals of each text of even tenor and date, the ratifications of which shall be exchanged at Peking within one year trom the date of its execution.
Dove at Peking, this 17th day of November, in the year of our Lord 1880, Kuang Su sixth year, tenth moon, fifteenth day. Signed and sealed by the above- named Commissioners of both Governmenta.
The Commercial Treaty.
The following is the text of the commercial treat signed at the same place and time:
The President of the United States of America and His Imperial Majesty the Emperor of China, because of certain points of incompleteness in the existing treaties between the two Governments, have named as their Commissioners Plenipotentiary: The President of the United States of America, James B. Angell, of Michigan; John F. Swift, of California; and William H. Treeco t, of South Carolina, as his Com- missioners Plenipotentiary; and His Imperial Majesty the Emperor of China has appointed Pao Chun, a member of His Imperial Majesty's Privy Council and Super- intend nt of the Board of Civil Office; and Li Hung Tsao, a member of His Imperial Majesty's Privy Council, as his Commissioners Plenipotentiary; and the said Com- missioners Plenipoten iary, having conjointly examined their full powers, and having discussed the points of possible modification in existing treaties, have agreed upon the following additional articles :-----
Art. I. The Governments of the United S'ates and China, recognizing the benefits of their past commercial relations, and in order to still further promote such relations between the cit zens and subjects of the two Powers, mutually agree to give the most careful and favourable attention to the representations of either as to such special extension of commercial intercourse as either may desire.
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Art. II.-The Governments of China and of the United States mutually agree and undertake that Chinese subjects shall not be permitted to import opium in any of the ports of the United States, and citizens of the United States shall not be permitted to import opium into any of the open ports of China, or transport from one open port to any other open port, or to buy and sell opium in any of the open ports of China. This absolute prohibition, which extends to vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either Power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of China and the United States, and the benefits of the favoured natiou clauses in existing treaties shall not be claimed by the citizens cr subjects of either Power as against the provisions of this article.
Art. III-His Imperial Majesty the Emperor of China hereby promises and agrees that no other kind or higher rate of tonnage dues or duties for imports or ex- ports or coastwise trade shall be imposed or levied in the open ports of China upon vessels wholly belonging to citizens of the United States, or upon the produce, manu- factures, or merchandise imported in the same from the United States or from any foreign country, or upon the produce, manufactures, or merchandise exported in the same to the United States, or any foreign country, or transported in the same from one open port of China to another, than are imposed or levied on vessels or cargoes of any other nation, or on those of Chinese subjects. The United States hereby pro- mises and agrees that no other kind or higher rate of tonnage duties and dues for imports shall be imposed or levied in the ports of the United States upon vessels wholly belonging to the subjects of his Imperial Majesty, coming either directly or by way of any foreign port from any of the ports of China which are open to foreign trade to the ports of the United States, or returning therefrom either directly or by way of any foreign port to any of the open ports of China, or upon the produce, manufactures, or merchandise imported in the same from China, or from any foreign country, than are imposed or levied on vessels of any other nations which make no discrimination against the United States in tonnage dues or duties on imports, exports, or coastwise trade, or than are imposed or levied on vessels and cargoes of citizens of the United States.
Art. IV. When controversies arise in the Chinese Empire between citizens of the United States and subjects of His Imperial Majesty, which need to be examined and decided by the public officer of the two nations, it is agreed between the Governments of the United States and China that such cases shall be tried by the proper official of the nationality of the defendant. The properly authorized official of the plaintiff's nationality shall be freely permitted to attend the trial, and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interest of justice, and if he so desire, he shall have the right to be present and to examine and to cross-examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in debate. The law administered will be the law of the nationality of the officer trying the case.
In faith whereof, the respective Plenipotentiaries have signed and sealed the foregoing, at Peking, in English and Chinese, there being three originals of each text, of even tenor and date, the ratifications of which shall be exchanged at Peking within one year from the date of its execution.
Done at Peking, this 17th day of November, in the year of our Lord 1880, Kuang Sü sixth year, tenth moon, fifteenth day.
(Signed)
JAMES B. ANGELL.
JOHN F. SWIFT.
WILLIAM H. TRESCOTT.
PAO CHUN.
LI HUNG-TSAO.
PERU
TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION BETWEEN
THE REPUBLIC OF PERU AND HIS MAJESTY THE
EMPEROR OF CHINA
Signed, in the Spanish, English, and Chinese Languages, at Tientsin, 26TH JUNE, 1874
Ratifications exchanged at Tientsin, 7th August, 1875
His Excellency the President of the Republic of Peru and His Majesty the Emperor of China, being sincerely desirous to establish friendly relations between the two countries, have resolved to confirm the same by a Treaty of Friendship, Com- merce, and Navigation, with the view of laying the foundations of mutual intercourse; and for that purpose have named as their Plenipotentaries, that is to say :-
His Excellency the President of Peru, Don Aurelio Garcia y Garcia, a Post Captain in the Peruvian Navy, Envoy Extraordinary and Minister Plenipotentiary of that Republic for the Empires of China and Japan; and
His Majesty the Emperor of China, Li, Minister Plenipotentiary, Imperial Com- missioner, Grand Guardian of the Heir Apparent, Grand Secretary, a President of the Board of War, Governor-General of the Province of Chih-li, and invested with the dignity of the second order of nobility:
Who, after having examined and exchanged their respective full powers, have together agreed upon the following Treaty for the benefit and protection of the merchants and people of the two countries:
Art. I.-There shall be peace and friendship between the Republic of Peru and His Majesty the Emperor of China. Their respective citizens and subjects shall reciprocally enjoy in the territories of the High Contracting Parties full and perfect protection for their persons and property.
Art. II. In order to facilitate friendly intercourse in future, His Excellency the President of Peru may, if he see fit, appoint a Diplomatic Agent to the Court of Peking, and His Majesty the Emperor of China may in like manner, if he see fit, appoint a Diplomatic Agent to the Government of Peru.
His Majesty the Emperor of China hereby agrees that the Diplomatic Agent so appointed by the Government of Peru may, with his family and the persons of his suite, permanently reside at Peking, or may visit it occasionally, at the option of the Peruvian Government.
In like manner, the Diplomatic Agent of China may, with his family and the persons of his suite, permanently reside at Lima, or may visit it occasionally at the option of the Chinese Government.
Art. III.-The Diplomatic Agents of each of the Contracting Parties shall, at their respective residences, enjoy all privileges and immunities accorded to them by international usage.
Art. IV.-The Government of Peru may appoint a Consul-General, and for such open ports or cities of China where it may be considered most expedient for the interest of Peruvian commerce, Consuls, Vice Consuls, or Consular Agents. These officers shall be treated with due respect by the Chinese Authorities, and enjoy the same privileges and immunities as the Consular officers of the most favoured nation..
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His Majesty the Emperor of China may appoint a Consul-General, Consuls, Vice-Consuls, or Consular Agents at any port or town of Peru where Consular Officers of any other Power are admitted to reside. All of these officers shall enjoy the same rights and privileges as those of the most favoured nation in Peru.
It is further agreed that the appointment of the said Consular Officers shall not be made in merchants residing in the locality.
Art. V.-Peruvian citizens are at liberty to travel for their pleasure or for purposes of trade in all parts of China under the express condition of being provided with passports written in Spanish and Chinese, issued in due form by the Consuls of Peru and visé by the Chinese Authorities. These passports, if demanded, must be produced for examination in the localities passed through. If the passport be not irregular, the bearer will be allowed to proceed, and no opposition shall be offered to his hiring persons, or hiring vessels or carts for the carriage of his baggage or merchandise, and the said merchandise shall be conveyed in accordance with the General Regulations of Foreign Trade.
If the traveller be without a passport, he shall be handed over to the nearest Consul in order to enable him to procure one. The above provision will in like manner be applicable to cases of a Peruvian citizen committing any offence against the law of China. But he shall in no case be subjected by the Chinese Authorities to any kind of ill-treatment or insult.
The citizens of Peru may go on excursions from the open ports or cities to a distance not exceeding 100 li, and for a period not exceeding five days, without being provided with a passport.
The above provisions do not apply to the crews of ships, who, when on shore, shall be subject to the disciplinary regulations drawn up by the Consul and the local Authorities.
Chinese subjects shall have the liberty to travel at their pleasure throughout the territory of Peru, as long as they behave peaceably and commit no offence against the laws and regulations of the country.
Art. VI.-The Republic of Peru and the empire of China cordially recognize the inherent and inalienable right of man to change his home. Their citizens and subjects respectively may consequently go freely from the one country to the other for the purposes of curiosity, trade, labour, or as permanent residents. The High Contracting Parties therefore agree that the citizens and subjects of both countries shall only emigrate with their free and voluntary consent; join in reprobating any other than an entirely voluntary emigration for the said purposes, and every act of violence or fraud that may be employed in Macao or the ports of China to carry away Chinese subjects. The Contracting Parties likewise pledge themselves to punish severely, according to their laws, their respec ive citizens and subjects who may violate the present stipulations, and also to proceed judicially against their respective ships that may be employed in such unlawful operations, imposing the fines which for such cases are established by their laws.
Art. VII.-It is further agreed that for the better understanding and more efficient protection of the Chinese subjects who reside in Peru, the Peruvian Govern- ment will appoint official Interpreters of the Chinese language in the Prefectures of the Departments of Peru where the great centres of Chinese immigration exist.
Art. VIII.-The merchant ships belonging to Peruvian citizens shall be permitted to frequent all the ports of China open to foreign trade, and to proceed to and fro at pleasure with their merchandise, enjoying the same rights and privileges as those of the most favoured nation.
In like manner, the merchant ships belonging to Chinese subjects may visit all the ports of Peru open to foreign commerce and trade in them, enjoying the same rights and privileges which in Peru are granted to the citizens or subjects of the most favoured nation.
Art. IX. Peruvian citizens shall pay at the ports of China open to foreign trade, on all the goods imported or exported by them, the duties enumerated in the tariff which is now in force for the regulation of foreign commerce; but they can, in no case, be
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TREATY BETWEEN PERU AND CHINA
97
called upon to pay higher or other duties than those required now or in future of the citizens or subjects of the most favoured nation.
No other or higher duties shall be imposed in the ports of Peru on all goods imported or exported by Chinese subjects than those which are or may be imposed in Peru on the commerce of the most favoured nation.
Art. X.-The ships of war of each country respectively shall be at liberty to visit all the ports within the territorities of the other to which the sbips of war of other nations are or may be permitted to come. They shall enjoy every facility and meet no obstacle in purchasing provisions, coals, procuring water, and making necessary repairs. Such ships shall not be liable to the payment of duties of any kind.
Art. XI.-Any Peruvian vessels, being from extraordinary causes compelled to seek a place of refuge, shall be permitted to enter any Chinese port whatever, without being subject to the payment of tonnage dues or duties on the goods, if only landed for the purpose of making the necessary repairs of the vessels, and remaining under the supervision of the Superintendent of the Customs.
Should any such vessels be wrecked or stranded, the Chinese Authorities shall immediately adopt measures for rescuing the crew, and for securing the vessel and cargo. The crew thus saved shall receive friendly treatment, and, if necessary, shall be furnished with the means of conveyance to the nearest Consular station.
If any Chinese vessels be wrecked or compelled by stress of weather to seek a place of refuge on the coast of Peru, the local marine Authorities shall render to them every assistance in their power; the goods and merchandise saved from the wreck shall not be subject to duties unless cleared for consumption; and the ships shall enjoy the same liberties which in equal cases are granted in Peru to the ships of other nations.
Art. XII.-Peruvian citizens in China having reason to complain of a Chinese shall proceed at once to their Consular Officer and state to him their grievance. The Consul will inquire into the case, and do his utmost to arrange it amicably.
In like manner, if a Chinese have reason to complain of a Peruvian citizen in China, the Consular Officer shall listen to his complaint, and endeavour to come to a friendly arrangement.
Should the Consular Officer not succeed in making such arrangement, then he sball request the assistance of the competent Chinese Officer, that they may together decide the matter according to the principles of equity.
Art. XIII.-Chinese subjects guilty of a criminal action towards a Peruvian gitizen in China shall be arrested and punished by the Chinese Authorities accord- ing to Chinese laws.
Peruvian citizens in China who may commit any crime against a Chinese sub- ject shall be arrested and punished according to the laws of Peru, by the Peruvian Consular Officer.
Art. XIV.-All questions in regard to rights whether of property or person, arising between Peruvian citizens in China, shall be subject to the jurisdiction of the Peruvian Authorities. Disputes between citizens in Peru and those of other Foreign Nations shall be decided in China according to the Treaties existing between Peru and those Foreign Nations. In all cases, however, of Chinese subjects being con. cerned in the matter, the Chinese Authorities may interfere in the proceeding according to Articles XII. and XIII. of this Treaty.
Art. XV.-Chinese subjects in Peru shall have free and open access to the Courts of Justice of Peru for the prosecution and defence of their just rights; they shall enjoy in this respect the same rights and privileges as native citizens, and shall also be treated in every way like the citizens and subjects of other countries resident
in Peru.
Art. XVI.-The Contracting Parties agree that the Government, Public Officers, and citizens of the Republic of Peru shall fully and equally participate in all pri- vileges, rights, immunities, jurisdiction, and advantages that may have been, or may te hereafter, granted by His Majesty the Emperor of China to the Government, Public Officers, citizens, or subjects of any other nation.
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In like manner, the Government, Public Officers, and subjects of the Empire of China hall enjoy in Peru all the rights, privileges, immunities, and advantages of every kind which in Peru are enjoyed by the overnment, Public Officers, citizens, or subjects of the most favoured nation.
Art. XVII. In order to prevent for the future any discussion, and considering that the English language, among all foreign languages, is the most generally known in Chin, this Theaty is written in the Spanish, Chinese, and English languages, and signed in nine copies, the in e ch language. All these versions have the same sen-e and sigo fication, but whenever the úterpretation of the Spanish and Chinese versions may differ, then reference shall be made to th English text.
Art. XVIII.-It in future the High C ntracting Parties desire a modification of any stipulation contained in this Treaty, they shall be at liberty after the lapse of ten years, dated from the day of the exchang of the ratifications of this Treaty, lo op n negotiations to that effect. Six months before the expiration of the ten years, either of the Contracting Parties may officially notify to th other that modifications of the Treaty are desired, and in what these consist. If no such notification is male, the Treaty remains in force for another ten years.
+
Art. XIX.-The present Treaty shall be ratified by His Excellency the Pre- sident of Peru after being approved by the Peruvian Congress, and by His Majesty the Empror of China; and the ratifications shall be exchanged at Shanghai or Tientsin, as soon as possible.
In token whereof the respective Plenipotentiaries have signed and sealed this. Treaty.
Done at Tientsin, this twenty-sixth day of the month of June, in the year of our Lord One Thousand Eight Hundred and Seventy-four, corresponding to the Chinese date, the thirteenth day of the fifth moon of the thirteenth year of Tung Chi.
[L.S.] (Signed) AURELIO GARCIA Y GARCIA.
LI HUNG-CHANG
[L.S.]
""
BRAZIL
TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION BETWEEN BRAZIL AND CHINA
SIGNED IN THE PORTUGUESE, FRENCH, AND CHINESE Languages, at TIENTSIN, ON THE 3RD OCTOBER, 1881
Ratifications Exchanged at Shanghai, 3rd June, 1882
His Majesty the Emperor of Brazil and His Majesty the Emperor of China, being sincerely desi ous of affirming their mutual sentim nts of friendship and concord and of establishing relations of reciprocal utility between the two countries, have resolved to conclude a treaty of friendship, commerce, and navigation, and have for that purpose named as their Plenipotentiaries, that is to say:-His Majesty the Emperor of Brazil, Senhor Eduardo Callado, gentleman of the Imperial Household, Knight of the Order of the Rose and of the Imperial Turkish Order of the Medjidie, His Envoy Extraordinary and Minister Pl- nipotentiary on a special Mission to China : His Majesty the Emperor of China, Li, Minister Plenipotentiary, Imperial Commissioner, Grand Prot ctor to the Heir Presumptive, First Grand Secretary of State, President of the Board of War, Governor-General of the province of Chihli, and Earl Son-yi of the first rank, with the hereditary degree of Ki-tou yi:
Who, after having exchanged the r plenary powers, found in good and due form, have agreed upon the following articles:
Art. I.-There shall be perpetual peace and friendship between the Empire of Brazil and the Empire of China as well as between their respective subjects. These
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may repair freely to the respective States of the High Contracting Parties and reside there. They hall obtain there full and complete protection of their persons, their families, and their property, and shall enjoy all the rights, advantages, and privileges accorded to the subjects of the most favoured nation.
Art. II-In order to secure the maintenance of amicable relations between the two States, His Majesty the Emperor of Brazil may, if he thinks fit, appoint a diplomatic agent to the Court of Peking, and His Majesty the Emperor o: China may equally, if he thinks fit, appoint a diplomatic agent to the Court of Rio de Janeiro.
The diplomatic agents of each of the High Contracting Parties may, with their families and the members of their suite, reside permanently in the capital of the other, or repair there temporarily, acccrding to the desire of the respective Govern-
ments.
The diplomatic agents of each of the High Contracting Parties shall enjoy, their respective residences, all the prerogatives, exemptions, immunities, and privile ges accorded to the agents of the same category of the most favoured nation.
Art. III. Each of the High Contracting Part es may nominate, in the ports and towns of the other open to trade, where its interests require, a Consul-General, Consuls, Vice-Consuls, and Consular Agents.
These shall not enter upon their functions before receiving the exequatur of the Government of the country where they are to reside. This exequatur sha.I be gi.cn gratuitously.
Merchants shall not be appointed to exercise Consular functions. Consuls should be true functionaries, and they hall be pr_hib te:l from trading.
In the ports and cities where a Consul has not been "ppointed, a foreign Consul may fulfil the functions provided that ie is not a trader. The local authorities, in the absence of a Consul, Shall provide the meaus of securing to the subjects of the two States the benefits of the present Treaty.
The Consuls of the High Contracting Parties shall enjoy all the attributes, exemptions, immunities, and privileges conceded to the Consuls of the most favoured nation in each of the two States.
The Consuls shall not uphold the pretensions of their nationals should they be vexatious or offensive to the authorities and the inhabitants of the locality.
If a Consul conducts himself in a manner off nsive to the laws of the country in which he resides, the exequatur may be withdrawn from him, according to the general
custom.
Art. IV.-Brazilian subjects shall be permitted to go into the interior of China and to travel there, provided that they are furnished with a passport, issued, at the request of the Consul, by the Chinese Taotai. This passport, written in the two languages, Portugese and Chinese, must be exhibited upon the demand of the local authorities, and shall be given up on return. No obstacle shall be raised to the hire by the travellers of men, carriages, boats, &c., necessary for the transport of their baggage.
If the traveller be found not to have a regular passport, or if he commit an illegal act, he shall be delivered up to the nearest Consul to be dealt with. The local authorities can, in this case, only arrest the traveller, and shall not insult him nor subject him to ill usage.
Brazilian subjects may go on excursions in the neighbourhood of the open ports, without being furnished with passports, to a distance of a hundred li, and for a period not exceeding five days.
The above stipulations are not applicable to the crews of ships, who shall be subjected, when on shore, to the regulations established by the Consuls and the local authorities.
Chinese subjects shall have the liberty of travelling in the whole of the territory of Brazil, as long as they conduct themselves peaceably and do not contravene the laws and regulations of the country.
Art. V.-Brazilian subjects may travel with their merchandise and trade in all the ports and places in China where subjects of other nations are permitted to trade.
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Chinese subjects may equally travel and trade in all localities of Brazil on equal terms with subjects of all other nations.
It is understood that in the event of one of the High Contracting Parties granting, hereafter, with its free consent, to any other nation, advantages subject to special conditions, the other Contracting Party may only profit by those advantages by acceding to the conditions inherent thereto, or to equivalent ones, mutually agreed
upon.
Art. VI.-The subjects and merchant ships of either of the High Contracting Parties, in the open ports of the other, shall be subjected to the commercial regula- tions actually in force for all the other nations, or which may be established in future. The subjects of the Contracting States shall not pay higher import and export duties than those payable by subjects of the most favoured nation.
Art. VII.-The ships of war of the Contracting States shall be admitted into the ports of the other where it is or shall be permitted to the ships of war of all other nations to repair, and they shall be treated there like those of the most favoured nation.
They shall enjoy every facility for the purchase of provisions, coal, &c., as well as for the supply of fresh water, and for the repairs of which they may have need.
Ships of war shall be absolutely exempt from payment of duties either on entering or leaving port.
The commanders of Brazilian vessels of war in China and the local authorities shall treat each other on the footing of equality.
Art. VIII.-Merchant ships of each of the two nations may frequent the ports of the other open to trade or which may be hereafter opened, and transport mer- chandise to them. They shall be treated in all respects like those of all other nations.
Ships of one of the High Contracting Parties, having had accidents at sea, near the coasts of the other, and being obliged to seek a refuge in some port, are to receive from the local authorities all the assistance which it may be in their power to render them.
Merchandise salved shall not be subject to any duty unless offered for sale. These ships shall be treated on equal terms with those of other nations which may be in similar circumstances.
Art. IX.-Brazilians in China, who may have cause of complaint against Chinese, should lay their grievance before the Brazilian Consul, who shall inquire into the merits of the case and exert himself to arrive at an amicable solution.
In like manner if a Chinese have reason to complain of a Brazilian, in China, the Brazilian Consul shall listen to his complaint and endeavour to come to an amicable solution. If the Consul cannot reconcile them, the case shall be judged, in all equity, only by the authority to which the accused is subject, without consider- ing whether the accuser is Brazilian or Chinese.
Art. X.-Brazilian subjects, in China, who commit any crime against Chinese subjects shall be arrested by the consular authorities of Brazil and punished conform- ably to the laws of Brazil, by the authority entrusted with the execution of the laws.
Chinese subjects guilty of a criminal act towards Brazilian subjects in China, shall be arrested and punished by the Chinese authorities, conformably to Chinese
laws.
In general, every action, civil or criminal, between subjects of the two States, in China, can only be judged conformably to the laws and by the authorities of the nation of the defendant or accused.
The High Contracting Parties shall not be bound to reimburse the sums stolen or sums due by a subject of one of the States to a subject of the other. In case of theft, proceedings shall be in conformity with the laws of the country to which the culprit belongs, and in the case of debt, the authorities of the country of the debtor shall do all in their power in order that the debtor shall satisfy his engagements.
If Chinese subjects, in China, principals or accomplices in any crime, take refuge in the residences, warehouses, or merchant ships of Brazilian subjects, the Chinese authorities shall report the fact to the Brazilian Consular authority and the two authorities shall depute agents to effect the arrest of the criminals, who must not be protected or concealed.
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Art. XI.-All questions of right, whether of person or of property, which may arise between Brazilian subjects in China shall be subject to the sole jurisdiction of the Brazilian authorities. Actions between Brazilian subjects and foreigners in China shall be subject to the authorities only of their countries.
If any Chinese be involved in law suits, action shall be taken conformably to the two preceding articles.
If in future the Chinese Government shall deem fit to establish, in accord with foreign Powers, a Code to regulate the matter of jurisdiction over foreign subjects in China, Brazil shall also take part in the accord.
Art. XII.-In the case of persons, whatever be their condition, from on board of the ships of one of the High Contracting Parties, in an open port of the other, going on shore, and causing disturbances there, they shall be punished conformably to the usage followed, in such cases, in each of the two countries.
As regards actions arising from collisions between vessels of the two countries, in the waters of China, such actions shall be heard by the authorities of the defendant, conformably to the regulations about collision in force in all countries.
If the complainant will not conform to the sentence, the authorities upon whom he is dependent may apply officially to the authorities to whom the defendant is subject in order that they may re-hear the suit and pronounce definitely in all equity.
Art. XIII.-Chinese subjects in Brazil shall have free access to the course of justice of a country for the defence of their just rights.
They shall enjoy, in this respect, the same rights and privileges as the Brazilians and the subjects of the most favoured nation.
Art. XIV.-The High Contracting Parties agree to prohibit to the subjects of each of them the importation of opium into the ports of the other open to trade, and the transport of opium from port to port, whether for their own account or for the account of subjects or citizens of any other nation, as well in ships belonging to subjects of the High Contracting Parties as in ships belonging to subjects or citizens of a third nation.
The High Contracting Parties further agree to prohibit to their respective subjects the opium trade in the ports of the other open to trade.
The most favoured nation clause cannot be invoked against the provisions of this article.
Art. XI.-This Treaty has been drawn up in three languages, Portuguese, Chinese, and French. Four copies have been prepared in each of these languages; the versions have been compared and found to correspond in all points, and to be free from errors.
The Portuguese text shall be authoritative in Brazil, and the Chinese in China. In case of divergence in the interpretations, the French text sball decide.
Art. XVI. If in future the High Contracting Parties desire to make any modifications in this Treaty, they shall have the liberty, after the lapse of ten years, dating from the exchange of the ratifications, to open negotiations with this object.
The official notification of the modifications which either of the High Contracting Parties may intend to propose shall always be made six months in advance.
If no such modification be made, the Treaty shall remain in force.
Art. XVIII. The present Treaty shall be ratified by His Majesty the Emperor of Brazil and by His Majesty the Emperor of China.
The exchange of ratifications shall be made, within the shortest possible time, at Shanghai or at Tientsin; after which the Treaty shall be printed and published in order that the functionaries and subjects of the two Empires may have full know- ledge of it and submit themselves to it.
In faith whereof the respective Plenipotentiaries have signed the present Treaty and have affixed their seals thereto.
Done at Tientsin this third day of the month of October, in the year of Grace one thousand eight hundred and eighty-one, corresponding to the eleventh day of the eighth month of the seventh year of Kwang-su.
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PORTUGAL.
PROTOCOL, TREATY, CONVENTION, AND AGREEMENT BETWEEN PORTUGAL AND CHINA
PROTOCOL.
Art. 1st.-A Treaty of friendship and commerce with the most favoured nation clause will be concluded and signed at Peking.
Art. 2nd.-China confirms perpetual occupation and government of Macao and its dependencies by Portugal, as any o her Portuguese possession.
Art. 3rd.-Portugal engages never to alienate Macao and its dependencies without agreement with China.
Art. 4th.-Portugal engages to co-operate in opium revenue work at Macao in the same way as England in Hongkong.
Done at Lisbon, the 26th March, 1887.
HENRIQUE DE BARROS GOMES. JAMES DUNCAN CAMPBELL.
THE TREATY.
(Ratifications Exchanged at Peking 28th April, 1898.)
His Most Faithful Majesty the King of Portugal and the Algarves, and His Imperial Majesty the Emperor of China, desiring to draw closer and to consolidate the ties of friendship which have subsisted for more than three hundred years between Portugal and China, and having agreed in Lisb n on the 26th day of March, 1887, 2nd day of 3rd moon of the 13th year of the re gn of the Emperor Kwang sũ, through their representatives, on a Protocol of four Articles, have now resolved to conclude a Treaty of Amity and Commerce to regulate the relations between the two States; for this end they have appointed as their Plenipotentiaries, that is to say:-
His Most Faithful Majesty the King of Portugal and the Algarves, Thomas de Souza Roza, His Envoy Extraordinary and Minister Plenipotentiary in special mission to the Court of Peking, Knight of the Order of Nossa Senhora de Conceicao de Villa Vicosa, Grand Cross of the Order of the Rising Sun of Japan and of the Crown of Siam, Commander of the Order of Charles III. and of Isabella the Catholic of Spain, and Knight of the Iron Crown of Austria:
His Imperial Majesty the Emperor of China, His Highness Prince Ch'ing. Pre- sident of the Tsung-li Yamén, and Sun, Minister of the Tsung-li Yamên and Senior Vice-President of the Board of Public Works ;
Who, after having communicated to each other their respective full powers and found them to be in good and due form, have agreed upon the following Articles :-
Art. I.-There shall continue to exist constant peace and amity between His Most Faithful Majesty the King of Portugal and the Algarves and His Imperial Majesty the Emperor of China, whose respective subjects shall equally enjoy in the dominions of the High Contracting Parties the most complete and decided protection for their persons and property.
Art. II.-China confirms in its entirety the second article of the protocol of Lisbon, relating to the perpetual occupation and government of Macao by Portugal. It is stipulated that Commissioners appointed by both Governments shall proceed to the delimitation of the boundaries, which shall be determined by a special con- vention; but so long as the delimitation of the boundaries is not concluded, every- thing in respect to them shall continue as at present, without addition, diminution, or alteration by either of the parties.
Art. III.-Portugal confirms, in its entirety, the third article of the protocol of >Lisbon, relating to the engagement never to alienate Macao without previous agree-
· -ment with China.
Art. IV.-Portugal agrees to co-operate with China in the collection of duties on - opium exported from Macao into China ports, in the same way, and as long as, England co-operates with China in the collection of duties on opium exported from Hongkong into Chinese ports.
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The basis of this co-operation will be established by a convention appended to this treaty, which shall be as valid and binding to bo h the High Contracting Parties as the pres nt treaty.
Art. V.-His Most Faithful Majesty the King of Portugal and the Algarves may appoint an Ambassa ier, Min ster, or other diplomatic agent to the Court of His Im- perial Majesty the Emperor of hina, and this agent, as well as the persons of his · suite and the r tum iies, will be permitted, at the option of the Portuguese Govern- - ment, to reside pe ma ently in Peking, to visit that Court, or to reside at any other place where su hresidenc is equally accord dt. the di lomatic representat v of other nations. The Chinese Govern eut may also, if it thinks fit, app in: an Abassador, Minister, or oth r diplomatic agent to reside at Lisbon, or to visit that Cour when his Government shall order.
Art. VI.-The diplomatic agents of Portugal and China shall reciprocally enjoy in the place of their residence all the prerogatives and immuuities accorded by the laws of nations; their persons, families, and houses, as well as their correspondence shall be inviolate.
Art. VII. The official correspondence addressed by Portuguese authorities to the Chinese authorities shall be written i. the Portuguese language accompanied by a translation in Chinese, and each nation shall regard as author ta ive the document written in is own language.
Art. VIII. The form of correspondence between the Portuguese and the Chi- nese authorities will be regulated by their respective rank and position, based upon complete reciprocity. Between the high Portuguese and Chinese functionaries at the capital or elsewhere, such correspondence will take the form of dispatch (Chau-hoei); between the subordinate functionaries of Portugal and the chief au horities of the provinces, the former shall make use of the form of exposition (Xen-chen) and the latter that of declaration (Cha-hsing); and the subordinate officers of both nations shall correspond together on terms of perfect equality. Merchants and generally all : others who are not invested with an official character shall adopt, in addressing the authorities, the form of representation or petition (Pin-ching).
Art. IX. His Most Faithful Majesty the King of Portugal and the Algarves may appoint Consuls-general, Consuls, Vice-consuls, or Consular agents in the ports of other places where it is allowed to other nations to have them. These functionaries will have powers and attributes similar to those of the Consuls of other nations, and will enjoy all the exemptions, privilege, and immunities which at any time the consular functiouaries of the most favoured nation may enjoy.
The Consuis and the local authorities will show to each other reci¡ rocal civilīties and correspond with each other on terms of perfect equality.
'The
The Consuls and acting Consuls will rank with Tao-tais, Vic--Consuls, acting Vice-Consul, Consular agents al interpreters-translators, with Prefects. Consuls must be officials of the Portuguese Government an. not mer hauts. The Chinese Government will make no ob ection in case the Portuguese Government should deem it unnecessary to appoiut an official Consul at any port and choose to entrust a Consu: of some other nation, for the time being, with the duties of Portu- guese Consul at that port.
Art. X.-All the immunities and privileges, as well as all the advantages cou- cern ng commerce and navigation, such as any reduct on in the duties o. navigation, importation, exportation, transit or any other, which may have been or may be here- after granted by China to any other State or to its subjects, will be immediately extended to Portugal and its u'jects. If any concession is granted by the Chinese Government to any foreign Goverument under special conditions, Portu al, on claini- ing the same concession fr hersel; and for her own subjects, will equally assent to the conditions attached to it.
Art XL-Portuguese subjects are allowed to reside at, or frequent, the ports of China o ned to foreign commerce and the e carry on tra le or employ themselves fre ly. Their boats may navigate without hindrance between the ports open to foreign
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commerce, and they may import and export their merchandise, enjoying all the rights and privileges enjoyed by the subjects of the most favoured nation.
Art. XII.-Portuguese subjects shall pay import and export duties on all mer- chandise according to the rates specified in the tariff of 1858, adopted for all the other nations; and in no instance shall higher duties be exacted from them than those paid by the subjects of any other foreign nation.
Art. XIII.-Portuguese subjects are permitted to hire any description of boats they may require for the conveyance of cargo or passengers, and the price of said hire will be fixed by the contracting parties alone, without interference of the Chinese Government. No limit shall be put to the number of boats, neither will it be per- mitted to any one to establish a monopoly of such boats or of the service of coolies employed in the carriage of merchandise.
Should contraband articles be on board any such boats, the guilty parties shall immediately be punished according to law.
Art. XIV.-Portuguese subjects residing in the open ports may take into their service Chinese subjects, and employ them in any lawful capacity in China, without restrain or hindrance from the Chinese Government; but shall not engage them for foreign countries in contravention of the laws of China.
Art. XV.-The Chinese authorities are bound to grant the fullest protection to the persons and to the property of Portuguese subjects in China, whenever they may be exposed to insult or wrong. In case of robbery or incendiarism, the local authod- rities will immediately take the necessary measures to recover the stolen property, to terminate the disorder, to seize the guilty, and punish them according to the law. Similar protection will be given by Portuguese authorities to Chinese subjects in the Iossession of Portugal.
Art. XVI.-Whenever a Portuguese subject intends to build or oren houses, shops or warehouses, churches, hospitals, or cemeteries, at the Treaty ports, or at other places, the purchase, rent, or lease of these properties shall be made out accord- ing to the current terms of the place, with equity, without exaction on either side, without offending against the usages of the people, and after due notice given by the proprietors to the local authorits. It is understood, however, that the shops or ware- houses above mentioned shall only be allowed at the ports open to trade, and not in any place in the interior.
Art. XVII.-Portuguese subjects conveying merchandise between open ports shall be required to take certificates from the Superintendent of the Customs-house, such as are specified in the regulations in force with reference to other nationalities.
But Portuguese subjects, who, without carrying merchandise, would like to go to the interior of China, must have passports issued by their Consuls and counter- signed by the local authorities. The bearer of the passport must produce the same when demanded, and the passport not being irregular, he will be allowed to proceed and no opposition shall be offered, especially to his hiring persons or vessels for the carriage of his baggage or merchandise.
If he be without a passport, or if he commits anv offence against the law, he shall be handed over to the nearest Consul of Portugal to be punished, but he must not be subjected to an oppressive measure. No passport need be applied for by persons going on excursions from the ports open to trade to a distance not exceeding 100 li and for a period not exceeding five days.
The provisions of this article do not apply to crews of ships, for the due restraint of whom regulations will be drawn up by the Consul and the local authorities.
Art. XVIII.-In the event of a Portuguese merchant vessel being plundered by pirates or thieves within Chinese waters, the Chinese authorities are to emplov their utmost exertions to seize and punish the said robbers and to recover the stolen goods, which, through the Consul, shall be restored to whom they belong.
Art. XIX.-If a Portuguese vessel be shipwrecked on the coast of China, or be compelled to take refuge in any of the ports of the Empire, the Chinese authorities, on receiving notice of the fact, shall provide the necessary protection, affording
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prompt assistance and kind treatment to the crews and, if necessary, furnishing them the means to reach the nearest Consulate.
Art. XX.-Portuguese merchant vessels of more than one hundred and fifty 'tons burden will pay tonnage dues at the rate of four mace per ton; if of one hundred and fifty tons and under they shall be charged at the rate of one mace per ton. The Superintendent of Customs shall grant a certificate declaring that the tonnage dues have been paid.
Art. XXI.-Import duties shall be paid on the landing of goods; and export duties upon the shipment of the same.
Art. XXII.-The captain of a Portuguese ship may, when he deems convenient, land only a part of his cargo at one of the open ports, paying the duties due on the portion landed, the duties on the remainder not being payable until they are landed at some other port.
Art. XXIII. The master of a Portuguese ship has the option, wihin forty- eight hours of his arrival at any of the open ports of China, but not later, to decide whether he will leave port without opening the hatches, and in such case he will not have to pay tonnage dues. He is bound, however, to give notice of his arrival for the legal registering as soon as he comes into port, under penalty of being fined in case of non-compliance within the term of two days.
The ship will be subject to tonnage dues forty-eight hours after her arrival in port, but neither then nor at her departure shall any other impost whatsoever be exacted.
Art. XXIV.-All small vessels employed by Portuguese subjects in carrying passengers, baggage, letters, provisions or any other cargo which is free of duty, between the open ports of China, shall be free from tonnage dues; but all such vessels carrying merchandise subject to duty shall pay tonnage dues every four months at the rate of one mace per ton.
Art. XXV.-Portuguese merchant vessels approaching any of the open ports will be at liberty to take a pilot to reach the harbour; and likewise to take a pilot to leave it, in case the said ship shall have paid all the duties due by her.
Art. XXVI.-Whenever a Portuguese merchant ship shall arrive at any of the open ports of China, the Superintendent of Customs will send off one or more Custom-house officers, who may stay on board of their boat or on board of the ship as best suits their convenience. These officers will get their food and all necessaries from the Custom-house, and will not be allowed to accept any fee from the captain of the ship or from the consignee, being liable to a penalty proportionate to the amount received by them.
Art. XXVII-Twenty-four hours after the arrival of a Portuguese merchant ship at any of the open ports, the papers of the ship, manifest, and other documents, shall be handed over to the Consul, whose duty it will be also to report to the Superintendent of Customs within twenty-four hours, the name, the registered tonnage, and the cargo brought by the said vessel. If, through negligence or for any other motive, this stipulation be not complied with within forty-eight hours after the arrival of the ship, the captain shall be subject to a fine of fifty taels for each day's delay over and above that period, but the total amount of the fine shall not exceed two hundred taels.
The captain of the ship is responsible for the correctness of the manifest, in which the cargo shall be minutely and truthfully described, subject to a fine of five bundred taels as penalty in case the manifest should be found incorrect. This fine, however, will not be incurred if, within twenty-four hours after the delivery of the manifest to the Custom-house officers, the captain expressed the wish to rectify any error which may have been discovered in the said manifest.
Art. XXVIII.-The Superintendent of Customs will permit the discharging of the ship as soon as he shall have received from the Consul the report drawn in due form. If the captain of the ship should take upon himself to commence discharging without permission, he shall be fined five hundred taels, and the goods so discharged shall be confiscated.
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Art. XXIX.-Portugues"› merchants having goods to ship or to land will have to obtain a special permission from the Superintendent of Customs to that effect, without which all gode shipped or landed -hall be liable to confiscati ›n.
Art. XXX.-No transhipment of goods is allowed from ship to ship without special permission, under penalty of confiscation of all the goods so transhipped.
Art. XXXI.-When a ship shall have paid all her duties, the Sup rintendent of Customs will grant her a certificate and the Consul will return the papers, in order that she may proceed on her voyage.
Art. XXXII.-When any doubt may arise as to the value of goods which by the tariff are liable to an ad valorem duty, and the Portuguese merchant disagrees with the Custom-house officers as regards the value of said goods, both parties will call two or thr e mer hants t examine them, and the highest offer made by any of the
said merchants to buy the gools will be considered as their just value.
Art. XXXIII.-Duties will be paid on the net weight of very kind of merchandise. Should there be any difference of opinion between the Portuguese merchant and the Custom-house officer as to the mode by which the tare is to be fixed, each party will choose a certain number of boxes or bales from among every hundred packages of the goods in question, taking the gross weight of said packages, then the are of each of the packages s parately, and the average tare resulting therefrom will be adopted for the whole parcel.
In case of any doubt or dispute not mentiond herein, the Portuguese merchant may appeal to the Consul, who will refer the case to the superintendent of Customs; this offic: r will act in such a manner as to settle the question amicably. The appeal, however, will only be entertained if made within the term of twenty-four hours; and in such a ca-e, no entry is to be made in the Custom-house books in relation to the said goods until the question shall have been settled.
Art. XXXIV.-Damaged goods will pay a reduced duty proportionate to their deterioration; any doubt on this point will be solved in the way ind cated in the clause of this Treaty with res ect to duties payable on merchandise ad valorem.
Art. XXXV.-Any Portuguese merchant who, having imported fore gn goods into one of the open ports of China and paid the proper duties thereon, may wish to re-export them to another o the said ports, will have to send to the Superintendent of Customs an account of their, who, to avoid fraud, will direct his officers to examine whether or not the duties have been paid, whether the same have been entered on the books o the Customs, whether they retain their original markets, and whether the en- tries agree with the account sent in. S old everything be found correct, the same will be stated in the export permit together with the tot 1 amount of duties paid, and all these particulars will be communicated to the Custom-house officers at other ports.
Upon arrival of the ship at the port to which the goods are carried, permission will be granted to land without any new payment of duties whatsoever if, upou examination, they are found to be the identical goods; but if during the ex- amination any fraud be detected, the goods may be confiscated by the Chinese Govern-
ment.
Should any Portuguese merchant wish to re-export to a foreign country any goods imported, and upon which duties have been already paid, he will have to make his application in the same form as required for the re-exportation of goods to another port in China, in which case a certificate of drawback or of restitution of duties will be granted, which will be accepted by any of the Chinese Custom-houses in payment of import or export duties.
Foreign cer als imported by Portuguese ships into the ports of China may be re-exported without hindrance, if no portion of them has been discharged.
Art. XXXVI.-The Chinese authorities will adopt at the ports the measures which
they may deem the most convenient to avoid fraud or snuggling.
Art. XXXVII.-The proceeds of fines and confiscations inflicted on Portuguese subjects, in conformity to this Treaty, shall belong exclusively to the Chinese Government.
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Art. XXXVIII.-Portuguese subjects carrying goods to a market in the interior of the country, on which the lawful import duties have alrady been paid at any of the open ports, or those who buy native produce in interior to bring to the ports on the Yang-sze-kiang, or to send to foreign ports, shall follow the regulations adopted towards the other nations.
Custom-house officers who do not comply with the regulations, or who may exact more duties than are due, shall be punished according to the Chinese law.
Art. XXXIX.-The Consuls and local authorities shall consult together, when necessary, as to the construction of Light-houses and the placing of Buoys and Light- ships.
Art. XL.-Duties shall be paid to the bankers authorized by the Chinese Govern- ment to receive them in sycee or in foreign coin, according to the official assay made at Canton on the 15th July, 1843.
Art. XLI.-In order to secure the regularity of weights and measures and to avoid confusion, the Superintendent of Customs will hand over to the Portuguese Consul at each of the open ports standards similar to those given by the Treasury Department for collection of public dues to the Customs at Canton.
Art. XLII.-Portuguese merchant ships may resort only to those ports of China which are declared open to commerce. It is forbidden to them, except in the case of force majeure provide for in Ar icle XIX., to enter into other ports, or to carry on a clandestine trade on the coast of China, and the run-gress r of this order shall be subject to confiscation of this ship and cargo by the Chinese Government.
Art. XLIII.-All Portuguese vessels despatched from one of the open ports of China to another, or to Macao, are entitled to a certificate of the Custom-louse, which will exempt them from paying new tonnage dues, during the period of four months reckoned from the date of clearance.
Art. XLIV.-If any Portuguese merchant ship is found smuggling, the goods smuggled, no matter of what nature or value, will be subject to confiscation by the Chines anthorities, who may send the ships away from the port, after settlement of all her accounts, and prohibit her to continue to traile.
Art. XLV. As regards the delivery of Portuguese and Chinese criminals, with the exception of the Chinese criminals who take refuge in Macao, and for whose extradition the Governor of Macao will continue to follow the existing practice, after the receipt of a due requisition from the Viceroy of the Kwangs, it is agreed that, in the Chinese ports open to foreign trade, the Chinese criminals who take refuge at the houses or on board ships of Portuguese subjects, shall be arrested and delivered to the Chinese authorities ou their applying to the Portuguese Consul; and likewise the Portuguese criminals who take refug in China shall be arrested and delivered to the Portuguese authorities on their applying to the Chinese authorities; and by neither of the parties shail the criminals be harboured nor shall there be delay in delivering them.
Art. XLVI.-It is agreed that either of the High Contracting Parties to this Treaty may demand a revision of the Tariff, and of the commercial articles of this Treaty, at the end of ten years; but if no demand be made on either side within six months after the end of the first ten years, then the tariff shall remain in force for ten years more, reckoned from the en 1 of the preceding ten years; and so it shall be, at the end of each successive ten years.
Art. XLVII.-All disputes arising between Portuguese subjects in China, with regard to rights, either of property or person, shall be submitted to the jurisdiction of the Portuguese authorities.
Art. XLVIII.-Whenever Chinese subjects become guilty of any criminal act towards Portuguese subjects, the Portugu se authorities must report such acts to the Chinese authorities in order that the guilty be tried according to the laws of China.
If Portuguese subjects become guilty of any criminal act towards Chinese subjects, the Chinese authorit es must report such acts to the Portuguese Consul in order that the guilty may be tried according to the laws of Portugal.
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Art. XLIX. If any Chinese subject shall have become indebted to a Portuguese subject and withholds payment, or fraudulently absconds from this creditors, the Chinese authorities shall use all their efforts to apprehend him and to compel him to pay, the debt being previously proved and the possibility of its payment ascertained. The Portuguese authorities will likewise use their efforts to enforce the payment of any debt due by any Portuguese subject to a Chinese subject.
But in no case will the Portuguese Government or the Chinese Government be considered responsible for the debts of their subjects.
Art. L.-Whenever any Portuguese subject shall have to petition the Chinese authority of a district, he is to submit his statement beforehand to the Consul, who will cause the same to be forwarded should he see no impropriety in so doing, otherwise he will have it written out in other terms, or decline to forward it. Likewise, when a Chinese subject shall have occasion to petition the Portuguese Consul he will only be allowed to do so through the Chinese authority, who shall proceed in the same manner.
Art. LI.-Portuguese subjects who may have any complaint or claim against any Chinese subject, shall lay the same before the Consul, who will take due cognizance of the case and will use all his efforts to settle it amicably. Likewise, when a Chinese subject shall have occasion to complain of a Portuguese subject, the Consul will listen to his complaint and will do what he possibly can to re-establish harmony between the two parties.
If, however, the dispute be of such a nature that it cannot be settled in that conciliatory way, the Portuguese Consul and Chinese authorities will hold a joint investigation of the case, and decide it with equity, applying each the laws of his own country according to the nationality of the defendant.
Art. LII.-The Catholic religion has for its essential object the leading of men to virtue. Persons teaching it and professing it shall alike be entitled to efficacious protection from the Chinese authorities; nor shall such persons pursuing peaceably their calling and not offending against the laws be prosecuted or interfered with.
Art. LIII.-In order to prevent for the future any discussion, and considering that the English language, among all foreign languages, is the most generally known in China, this Treaty, with the Convention appended to it, is written in Por- tuguese, Chinese, and English, and signed in six copies, two in each language. All these versions have the same sense and meaning, but if there should happen to be any divergence in the interpretation of the Portuguese and Chinese versions, the English text will be made use of to resolve the doubts that may have arisen.
Art. LIV.-The present Treaty, with the Convention appended to it, shall be ratified by His Most Faithful Majesty the King of Portugal and the Algarves and His Imperial Majesty the Emperor of China. The exchange of the ratifications shall be made, within the shortest possible time, at Tientsin, after which the Treaty, with the Convention appended, shall be printed and published in order that the functionaries and subjects of the two countries may have full knowledge of their stipulations and may fulfil them.
In faith whereof, the respective Plenipotentiaries have signed the present Treaty and have affixed their seals thereto.
Done in Peking, this first day of the month of December in the year of Our Lord Jesus Christ one thousand eight hundred and eighty-seven, corresponding with the Chinese date the 17th day of 10th moon of 18th year of Kwang-Sü.
[L.S.] (Signed)
Chinese Seal]
Signatures of the Chinese Plenipotentiaries.
THOMAS DE SOUZA ROZA.
Prince CH'ING.
SUN-IU-UEN.
CONVENTION
It having been stipulated in the Art. IV. of the Treaty of Amity and Commerce, concluded between Portugal and China on the 1st day of the month of December,
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TREATY BETWEEN PORTUGAL AND CHINA.
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1887, that a Convention shall be arranged between the two High Contracting Parties in order to establish a basis of co-operation in collecting the revenue on opium ex- ported from Macao to Chinese ports, the undersigned Thomas de Souza Roza, Envoy Extraordinary and Minister Plenipotentiary of His Most Faithful Majesty the King of Portugal and the Algarves, in special mission to the Court of Peking, and His Highness the Prince Ch'ing, President of the Tsung-li Yamen, and Sun, Minister of the Tsung-li Yamen and Senior Vice-President of the Board of Public Works, Min- isters Plenipotentiaries of His Imperial Majesty the Emperor of China, have agreed on the following Convention in three articles:-
Art. I.-Portugal will enact a law subjecting the opium trade of Macao to the following provisions:-
1.-No opium shall be imported into Macao in quantities less than one chest. 2.--All opium imported into Macao must, forthwith on arrival, be reported to the competent department under a public functionary appointed by the Portuguese Government, to superintend the importation and exportation of opium in Macao.
3.-No opium imported into Macao shall be transhipped, landed, stored, removed from one store to another, or exported, without a permit issued by the Superintendent. 4.-The importers and exporters of opium in Macao must keep a register, accord- ing to the form furnished by the Government, show.ng with exactness and clearness the quantity of opium they have imported, the number of chests they bave sold, to whom and to what place they were disposed of, and the quantity in stock.
5.-Only the Macao opium farmer, and persons licensed to sell opium at retail, will be permitted to keep in their custody raw opium in quantities inferior to one chest. 6. Regulations framed to enforce in Macao the execution of this law will be equivalent to those adopted in Hongkong for similar purpose.
Art. II.-Permits for the exportation of opium from Macao into Chinese ports, after being issued, shall be communicated by the Superintendent of Opium to the Commissioner of Customs at Kung-pac-uan.
Art. III.-By mutual consent of both the High Contracting Parties the stipula- tions of this Convention may be altered at any time.
In faith whereof the respective Plenipotentiaries have signed and sealed this Convention.
Done in Peking this first day of December in the year of Our Lord Jesus Christ one thousand eight hundred and eighty seven, corresponding with the Chinese date the 17th day of 10th moon of the 13th year of Kwang-Sü.
[L.8.] (Signed) [Chinese Seal]
THOMAS DE SOUZA ROZA.
Signature of the Chinese Plenipotentiaries.
AGREEMENT.
Prince CH'ING.
SUN-IU-UEN.
The basis of the co-operation to be given to China by Portugal in the collection of duties on opium conveyed from Macao to Chinese ports, having been fixed by a Convention appended to the Treaty of Amity and Commerce, concluded between China and Portugal on the 1st December, 1887, and it being now conventient to come to an understanding upon some points relat ng to the said co-operation as well as to fix rules for the treatment of Chinese junks trading with Macao, Bernardo Pinheiro Correa de Mello, Secretary of the Special Mission of His Most Faithful Majesty in Peking, duly authorized by His Excellency Thomas de Souza Roza, Chief of the said Mission, and Sir Robert Hart, K.C.M G., Inspector-General of the Chinese Imperial Maritime Customs, provided with the necessary instructions from the Chinese Government, have agreed on the following:
1.-An office under a Commissioner, appointed by the Foreign Inspectorate of the Chinese Imperial Maritime Customs, shall be established at a convenient spot on Chinese territory, for the sale of opium duty certificates, to be freely sold to merchants
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and for such quantities of opium as they may require. The said Commissioner will also administer the Customs stations near Macao.
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2.-Opium accompanied by such certificates, at the rate of not more than 110 Taels pr picul, shall be free from all other imposts of every sort, and have all the benefits stipulated for by th Additional Article of the Chefoo Convention between China and Great Britain on behalf of opium on which duty has been paid at one of the ports of China, and may be made up in sealed parcels at the option of the purchaser. 3.-The Commissioner of Custom responsible for the management of the Customs stations shall investigate and settle any complaint made by Chinese merchants of Macao against the Customs stations or revenue cruisers.
The Governor of Macao, if he deems it advisable, shall be entitled to send an officer of Macao to be present and assist in the investigation and decision. If, how- ever, they do not agree a reference may be made to the Authorities at Peking for a joint deci-ion.
4.-Junks trading between Chinese ports and Maco, and their cargoes, shall not be subject to any dues or duties in excess of those leviable on junks and their cargoes trading between Chinese ports and Hongkong, and no dues whatsoever shall be de- manded from junks proceeding to Macao from ports of China, or coming from Macao to ports in China, over an I above th dues paid, or payable, at the ports of clearance or destination. Chinese produce which has paid Customs' duties and Likin tax before entering Macao may be re-exported from Macao to Chinese ports without paying Customs duties and Likin tax again, and will be only subject to the payment of the tax named Si 10-hao.
.
In witness whereof, this agreement has been written in Portuguese and English and signed in duplicate at Peking this the first day of December, 1887.
BERNARDO PINHEIRO CORREA DE MELLO. Secretary of the Special Mission of His Most Faithful Majesty.
SİR ROBERT HART,
(Signed)
(Signed)
Inspector-General of Chinese Imperial Maritime Customs.
JAPAN
TREATY OF PEACE, COMMERCE AND NAVIGATION BETWEEN THE EMPIRES OF CHINA AND JAPAN
SIGNED, IN THE CHINESE AND JAPANESE LANGUAGES, AT TIENTSIN, 13th SEPTEMBER, 1871
Ratified by the Emperor of China, September, 1871
Ratified by the Mikado of Japan with modifications,* 1st November, 1871
The Empire of China and the Empire of Japan having been on terms of friend- ship for a long period of years Iow desire by common ac ion to cement their ancient relations, and to make the intercourse subsisting between the two countries more close.
To this end Li, by Imperial appointment, Minister Plenipotentiary of the Empire of China for the management of commercial affairs, Senior Guardian of the Heir Apparent, Assistant Grand Secretary, President of the Board of War, Governor- General of the Province of Chih-li, and invested with the first degree of the third order of nobility; and Ita, Minister Plenipotentiary of the Empire of Japan, &c., &c., each acting in obedience to the Decrees of their respective Sovereigns, have couferred
* See Articles II, and XI. It was also stipulated, on ratification of the Treaty by the Mikado of Japan, that its commercial clauses should be held subject to modification on any future revision of the Treaties between Japan and the European Powers.
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together, and have agreed to articles for the reconstruction of reiat ons, to the end that they may be observed with good faith on both sides in perpetuity.
The Articles agreed upon are as follow:
Art. I. Relations of amity shall henceforth be maintained in redoubled force between China and Japan, in measure as boundless as the heaven and the earth. In all that regards the territorial possessions of either country the two Governments shall treat each the other with proper courtesy, without the slightest infringement or encroachment on either side, to the end that there may be for evermore peace between them undisturbed.
Art. II.-Friendly intercourse thus existing between the two Governments, it is the duty of each to sympathise with the other, and in the event of any other nation acting unjustly or treating either of the two Powers with contempt, ou notice being given [by the one to the other], mutual assistance shall be ren ere, or mediat on offered for the arrangement of the difficulty, in fulfilment of the duty imposed by relations of friendship.
Art. III.-The system of Government and the penal enactments of the two Governments being different from each other, each shall be allowed to act in entire independence. There shall be no interference offer d, nor shall requests for innova- tions be obtruded. Each shall aid the other in enforcement of laws, nor shall either allow its subjects to entice the people of the other country to commit acts in violation of the laws.
Art. IV.-It will be competent for either Government to send Ministers Pleni- potentiary, with their families and suites, to reside in the capital of the other, either permanently or from time to time. Their travelling expenses, as they pass through the country, will be defrayed by themselves. In the matter of their hiring ground or buildings to serve as legations, of t: e passage of their baggage to and fro, of the conveyance of their corespondence by special couries, and the like, due assistance shall be rendered on either side.
Art. V.-Although the functionaries of the two Governments have fixed grades, the nature of the offices conferred are different on either side. Officers of equivalent rank will meet and correspond with each other on a footing of equality. Wh n aa officer visits a superior, the intercourse between them will be such as is prescribed by the rites of hospitality. For the transaction of public business, the officials of the two countries will address communications to officers of their own rank, who will report in turn to their superiors. They will not address the superior officer directly. In visits, cards wi h the official title of the visitor shall be sent on either side. All officials sent on the part of either Government to the other shall present for inspection a letter bearing an official stamp, in order to guard against false personation.
Art. VI.-In official correspondence, China will use the Chinese language, and Japan will either use the Japanese language accompanied by a Chinese version, or a Chinese version alone, as may be found on her side perferable.
Art. VII.-Friendly intercourse having been established between the two Governments, it will behove them both to appoint certain ports on the seaboard which their merchants will be authorized to frequent for purposes of trade, and to lay down separately regulations of trade, that their respective mercantile communities may abide by in perpetuity.
Art. VIII.-At the ports appointed in the territory of either Government, it will be competent for the other to station Consuls for the control of its own merchant community. All suits in which they (the Consul's nationals) are the only partie, the matter in dispute being money or property, it will fall to the Consul to adjudicate according to the law of his own state. In mixed suits, the plaint having been laid before the Consul, he will endeavour, in the first instance, to prevent litigation by friendly counsel. If this be not possible, he will write efficially to the local authority, and in concert with him will fairly try the case and decide it. When acts of theft or
This Article was excluded from_ratification by the Mikado of Japan, on the ground of its being unnecessary, needful obligations in respect of the matter to which it relates being embraced within the ordinary provisions of aternational law.
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robbery are committed, and where debtors abscond, the authorities can do no more than make search for and apprehend the guilty parties. They shall not be held liable to make compensation.
Art. IX.-At any of the ports appointed, at which no Consul shall have been stationed, the control and care of the traders resorting thither shall devolve on the local authorities. In case of the commission of any act of crime, the guilty party shall be apprehended, and the particulars of his offence communicated to the Consul at the nearest port, by whom he shall be tried and punished according to law.
Art. X.-At the ports named in either country, the officials and people of the other shall be at liberty to engage natives for service, or as artisans, or to attend to commercial business. The persons so engaged shall be kept in order by the person so engaging them, who shall not allow them to perpetrate acts of fraud under any pretext. Still less shall he give rise to cause of complaint by giving ear to statements advanced from illicit motives. In the case of any offence being committed by any person employed in the manner above mentioned, the local authority shall be at liberty to apprehend and punish the delinquent. The employer shall not favour or protect him.
Art. XI. Whereas it is the duty of the subjects of either Power residing at the ports declared open in either country to live on friendly terms with the native inha- bitants, it is provided that they shall not be allowed to wear arms. Infraction of
this rule will be punishable by a fine, accompanied by the confiscation of the arms.* Residents as aforesaid shall attend peaceably to their own avocations, and whether residing permanently or for the time being at a port, they shall submit to the autho- rity of their Consul. They shall not be allowed to adopt the costume of the country in which they may reside nor to obtain local registration and compete at the literary examinations, lest disorder and confusion be produced.
Art. XII.--If any subject of either Power having violated the law of his own country, secrete himself in an official building, merchant vessel, or warehouse of the other state, or escape to any place in the territory of the other, on official application being made by the authority of the state of which such offender is a subject to the authority of the other, the latter shall immediately take steps for the arrest of the offender, without show of favour. Whilst in custody, he shall be provided with food and clothing, and shall not be subjected to ill usage.
Art. XIII.-If any subject of either Power connect himselt at any of the open ports with lawless offenders for purposes of robbery or other wrong doing, or if any work his way into the interior and commit acts of incendiarism, murder, or robbery, active measures for his apprehension shall be taken by the proper authority, and notice shall at the same time be given without delay to the Consul of the offender's nationality. Any offender who shall venture, with weapons of a murderous nature, to resist capture, may be slain in the act without farther consequence; but the circunstances which have lod to his life being thus taken shall be investigated at an inquest which will be hell by the Consul and the local authority together. In the event of the occurrence taking place in the interior, so far from the port that the Consul cannot arrive in time for the inquest, the local authority shall communicate a report of the facts of the case to the Consul.
When arrested and brought up for trial, the offender, if at a port, shall be tried by the local authority and the Consul together. In the interior he shall be tried and dealt with by the local authority, who will officially communicate the facts of the case to the Consul.
If subjects of either Power shall assemble to the number of ten or more to foment disorder and commit excesses in the dominions of the other, or shall induce subjects of the other therein to conspire with them for the doing of injury to the other Power, the authorities of the latter shall be free at once to arrest them. If at a port, their Consul shall be informed, in order that he may take part in their trial. If in the interior, the local authority shall duly try them, and shall officially com-
* Ratification of these clauses, relating to the wearing of arms, refused by the Mikado of Japan.
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113
municate particulars to the Consul. In either case capital punishment shall be in- ficted at the scene of commission of the offence.
Art. XIV.-Vessels of war of either Power shall be at liberty to frequent the ports of the other for the protection of the subjects of their own country, but they shall in no case enter ports not declared open by treaty, nor rivers, lakes, and streams in the interior. Any vessels infringing this rule shall be placed under embargo and fined. The stipulation shall not, however, apply to vessels driven into port by stress of weather.
Art. XV.-If either State of the two should be involved in war with any other Power, measures for the defence of the coast being thereby entailed, on notice being given, trade shall be suspended for the time being, together with the entry and departure of ships, lest injury befall them. Japanese subjects ordinarily established in the appointed ports of China, or being in the seas adjoining China, and Chinese subjects ordinarily established at the open ports of Japan or being in the seas adjoining thereunto, shall not be permitted to engage in collisions with subjects of a hostile power, or to attack and plunder them.
Art. XVI.-No Consul of either Power shall be allowed to trade, or to act as Consul for a Power not in Treaty relations with the other. In the case of any Consul so acting as to render himself generally unacceptable, on substantial proof to this effect being produced, it shall be competent for the Government interested to communicate officially with the Minister Plenipotentiary, who, when he shall have ascertained the truth, shall remove the Consul, in order that the friendly relations of the two Governments may not suffer detriment through the misconduct of a single individual.
Art. XVII.-The flags carried by the vessels of either country are of a fixed design. If a vessel of either, having falsely assumed the colours of the other, shall do that which is contrary to law, the vessel and goods shall be confiscated, and if it appear that the false colours were given by an official, he shall be denounced and removed from bis post.
The subjects of either country shall be at liberty to purchase the books of the other, if desirous of studying its literature.
Art. XVIII.-The foregoing articles are agreed to by the two contracting Powers in order to the prevention of misunderstandings, to the end that perfect confidence and improved relations may subsist between them. In testimony whereof the Ministers Plenipotentiary of the two contracting Powers do now accordingly sign and affix their seals hereto. So soon as the present Treaty shall have been ratified by their respective Sovereigns, and ratified copies of it exchanged, it shall be printed and published, and circulated throughout the dominions of either Power, for the information of the subjects of both countries, to the end that there may be a good understanding between them evermore.
Dated the 29th day of the 7th moon of the 10th year of Tung Chi, correspond. ing to the 4th year of Mei Ji according to the Japanese reckoning (September 13th, 1871).
[L.S.] [L.8.]
(Signed) LI HUNG-CHANG.
ITA.
31
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1
TREATIES WITH COREA
GREAT BRITAIN
TREATY BETWEEN GREAT BRITAIN AND COREA
SIGNED, IN THE ENGLISH AND Chinese Languages, at Hanyang (Seoul) ON THE 26TH NOVEMBER, 1883
Ratifications exchanged at Hanyang on the 28th April, 1884
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the King of Corea, being sincerely desirous of establishing permanent relations of Friendship and Commerce between their re- spective domin:ons, have resolved to conclude a Treat, for that purpose, and have therefore named as their Plenipotentiaries, that is to say:
་
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Sir Harry Smith Parkes, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Knight Commander of the Most Honourable Order of The Bath, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary t. His Majesty the Emperor of China;
His Majesty the King of Cor a, Min Yöng-mok, President of His Majesty's Foreign Office, a Dignitary of the First Rink, Senior Vice President of the Council of State, Member of His Majesty's Privy Council, Junior Guardian of the Crown Prince
Who, after having communicated to each other their respective full owers, found in good and due form, have agreed upon and c ncluded the following Articles:-
Art. I.-There shall be perpetual pea e and friendship between Her Majesty the Queen of the United Kingdoin of Great Britain and Ireland, Empress of India, her heirs and successors, and His Majesty the King of Corea, his heirs and succes- sors, and between their respective dominions and subjects, who shall enjoy full security and protections for their persons and property within the domin:ons of the other.
2.-In case of difference arising between one of the High Contracting Parties and a third Power, the other High Contracting Party, if requested to do so, shall exert its good offices to bring about an amicable arrange.nent.
Art. II.-The High Contracting Parties may each appoint a Diplomatic Re- presentative to reside permanently or temporarily at the Capital of the other, and may appoint a Consul-Ĝneral, Consuls or Vice-Consuls, to reside at any or all of the ports or places of the other which are open to foreign commerce,
The Diplo- matic Representatives and Consular functionaries of both countries shall freely enjoy the same facilities for communication personally or in writing with the Authorities of the countr where they respectively reside, together with all other privileges and immunities, as are enjoyed by Diplomatic or Consular functionaries in other -count: ies.
2.-The Diplomatic Representative and the Consular functionaries of each Power and the members of their official establishments shall have the right to travel freely in any part of the dominions of the other, and the Corean Authorities shall furnish passports to such British officers travelling in Corea, and shall provide such escort for their protection as may be necessary.
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3. The Consular officers of both countries shall exercise their functions on receipt of due authorisation from the Sovereign or Government of the country in which they respectively reside, and shall not be permitted to engage in trade.
Art. III. Jurisdiction over the persons and property of British subjects in Corea shall be vested exclusively in the duly authorised British Judicial Authorities, who shall bear and determine all cases brought against British subjects by any British or other foreign subject or citizen without the intervention of the Corean Authorities.
2.-If the Corcan Authorities or a Corean subject make any charge or complaint against a British subject in Corea, the case shall be heard and decided by the British Judicial Authorities.
3.-I. the British Authorities or a British subject make any charge or complaint against a Coreau subject in Corea, the case shall be heard and decided by the Corean
Authorities.
4.-A British subject who commits any offence in Core shall be tried and punished by th: British Judicial Authorities according to the laws of Great Britain. 5-A Corean subject who commits in Cor a any offence against a British sub- ject shall be tried and punished by the Corean Authorities according to the laws of Corea.
6.-Any complaint against a British subject involving a penalty or confiscation, by reason of any breach either of this Treaty or of any Regulation annexed thereto, or of any Regula'ion that my hereafter be made in virtue of its provisions, shall be brought before the British Judicial Authorities for decision, and any penalty imposed, and all property confiscated in such cases, shall belong to the Corean Government.
7.-British goods, when seize 1 by the Corean Authorities at an open port, shall put under the seals of the Corean and the British Consular Au horities and shall be detained by the former until the British Judicial Authorities shall have given their decision. If this decision is in favour of the owner of the goods, they shall be imme- diately placed at the Consul's disposal. But the owner shall be allowed to receive them at once on depositing their value with the Corean Authorities pending the decision of the British Judicial Authorities.
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8. In all cases, whether civil or criminal, tried either in Corean or British Courts in Corea, a properly authorised official of the nationality of the plaintiff or prosecutor shall be allowel to attend the hearing, and shall be treated with the courtesy due to his position. He shall be allowed, whenever he thinks it necessary, to call, examine, and cross-examine witnesses, and to protest against the proceedings or decision.
9.-If a Corean subject who is charged with an offence against the laws of his country takes refuge on premises occupied by a British subject or on board a British merchant vessel, the British Consular Authorities, on receiving an application from the Corean Authorities, shall take steps to have such person a rested and handed over to the latter for trial. But without the consent of the proper British Consular Authority no Corean officer shall enter the premises of any British subject without his consent, or go ou board any British ship without the consent of the officer in charge.
10.-On the demand of any competent British Consular Authority, the Corean Authorities shall arrest and deliver to the former any British subject charged with a criminal offence, and any deserter from a British ship of war or merchant vessel.
Art. IV. The port of Chemulpo (Jenchuan), Won-an (Gensan), and Pusan (Fusan), or, if the latter port should not be approved, then such other port as may be selected in its neighbourhood, together with the city of Hanyang and the town of Yanghwa Chin, or such other place in that neighbourhood as may be deemed desirable, shall, from the day on which this Treaty comes into operation, be opened to British
commerce.
2.-At the above-named places British subjects shall have the right to rent or to purchase land or houses, and to erect dwellings, warehouses, and factories. They shall be allowed the free exercise of their religion. All arrangements for the selection, determination of the limits, and laying out of the sites of the Foreign settlements,
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and for the sale of land at the various ports and places in Corea open to foreign trade, shall be made by the Corean Authorities in conjunction with the competent Foreign Authorities.
3.-These sites shall be purchased from the owners and prepared for occupation by the Corean Government, and the expenses thus incurred shall be a first charge on the proceeds of the sale of the land. The yearly rental agreed upon by the Corean Authorities in conjunction with the Foreign Authorities shall be paid to the former, who shall retain a fixed amount thereof as a fair equivalent for the land tax, and the remainder, together with any balance left from the proceeds of land sales, sball belong to a Municipal fund to be administered by a Council, the constitution of which shall be determined hereafter by the Corean Authorities in conjunction with the competent Foreign Authorities.
4.-British subjects may rent or purchase land or houses beyond the limits of the foreign settlements, and within a distance of ten Corean li from the same. But all land so occupied shall be subject to such conditions as to the observance of Corean local regulations and payment of land tax as the Corean Authorities may see fit to impose.
5.-The Corean Authorities will set apart, free of cost, at each of the places open to trade, a suitable piece of grouud as a foreign cemetery, upon which no rent, land tax, or other charges shall be payable, and the management of which shall be left to the Municipal Council above mentioned.
6.-British subjects shall be allowed to go where they please without passports within a distance of one hundred Corean li from any of the ports and places open to trade, or within such limits as may be agreed upon between the competent authorities of both countries. British subjects are also authorised to travel in Corea for pleasure or for purposes of trade, to transport and sell goods of all kinds, except books and other printed matter disapproved of by the Corean Government, and to purchase native produce in all parts of the country, under passports which will be issued by their Consuls and countersigned or sealed by the Corean local authorities. These passports, if demanded, must be produced for examination in the districts passed through. If the passport be not irregular, the bearer will be allowed to proceed, and he shall be at liberty to procure such means of transport as he may require. Any British subject travelling beyond the limits above named without a passport, or com- mitting when in the interior any offence, shall be arrested and handed over to the nearest British Consul for punishment. Travelling without a passport beyond the said limits will render the offender liable to a fine not exceeding one hundred Mexican dollars, with or without imprisonment for a term not exceeding one month.
7.-British subjects in Corea shall be amenable to such municipal, police, and other regulations for the maintenance of peace, order, and good government as may be agreed upon by the competent authorities of the two countries.
Art. V.-At each of the ports or places open to Foreign trade, British subjects shall be at full libery to import from any Foreign port or from any Corean open port, to sell or to buy from any Corean subjects or others, and to export to any Foreign or Corean open port, all kinds of merchandise not prohibited by the Treaty, on paying the duties of the Tariff annexed thereto. They may freely transact their business with Corean subjects or others without the intervention of Corean officials or other persons, and they may freely engage in any industrial occupation.
2.-The owners or consignees of all goods imported from any Foreign port upon which the duty of the aforesaid Tariff shall have been paid shall be entitled on re-exporting the same to any foreign port at any time within thirteen Corean months from the date of importation, to receive a drawback certificate for the amount of such import duty, provided that the original packages containing such goods remain intact. These drawback certificates shall either be redeemed by the Corean Customs on demand, or they shall be received in payment of duty at any Corean open port.
3.-The duty paid on Corean goods, when carried from one Corean open port to another, shall be refunded at the port of shipment. on production of a Customs
Dates by
Original rom
TREATY BETWEEN GREAT BRITAIN AND COREA
117
certificate shewing that the goods have arrived at the port of destination, or on satisfactory proof being produced of the loss of the goods by shipwreck.
4-All goods imported into Corea by British subjects, and on which the duty of the Tariff annexed to this Treaty shall have been paid, may be conveyed to any Corean open port free of duty, and, when transported into the interior, shall not be subject to any additional tax, excise, or transit duty whatsoever in any part of the country. In like manner, freedom shall be allowed for the transport to the open ports of all Corean commodities intended for exportation, and such commodities shall not, either at the place of production, or when being conveyed from any part of Corea to any of the open ports, be subject to the payment of any tax, excise, or transit duty whatsoever.
5. The Corean Government may charter British merchant vessels for the con- reyance of goods or passengers to unopened ports in Corea, and Corean subjects shall have the same right, subject to the approval of their own authorities.
6. Whenever the Government of Corea shall have reason to apprehend a scarcity of food within the kingdom, His Majesty the King of Corea may, by Decree, temporarily prohibit the export of grain to foreign countries from any or all of the Corean open ports, and such prohibition shall become binding on British subjects in Corea on the expiration of one month from the date on which it shall have been officially communicated by the Corean Authorities to the British Consul at the port concerned, but shall not remain longer in force than is absolutely necessary.
7.-All British ships shall pay tonnage dues at the rate of thirty cents (Mexican) per register ton. One such payment will entitle a vessel to visit any or all of the open ports in Corea during a period of four months without further charge. All tonnage dues shall be appropriated for the purposes of erecting lighthouses and beacons and placing buoys on the Corean coast, more especially at the approaches to the open ports, and in deepening or otherwise improving the anchorages. No tonnage dues shall be charged on boats employed at the open ports in lauding or shipping cargo.
8.-In order to carry into effect and secure the observance of the provisions of this Treaty, it is hereby agreed that the Tariff and Trade Regulations hereto annexed shall come into operation simultaneously with this Treaty. The competent authorities of the two countries may, from time to time, revise the said Regulations with a view to the insertion therein, by mutual consent, of such modifications or additions as experience shall prove to be expedient.
Art. VI.-Au▼ British subject who smuggles, or attempts to smuggle, goods into any Corean port or place not open to foreign trade shall forfeit twice the value of such goods, and the goods shall be confiscated. The Corean local authorities may seize such goods, and may arrest any British subject concerned in such smuggling or attempt to smuggle. They shall immediately forward any person so arrested to the nearest British Consul for trial by the proper British Judicial authority, and may detain such goods until the case shall have been finally adjudicated.
Art. VII.-If a British ship be wrecked or stranded on the coast of Corea, the local authorities shall immediately take such steps to protect the ship and her cargo from plunder, and all the persons belonging to her from ill-treatment, and to render such other assistance as may be required. They shall at once inform the nearest British Consul of the occurrence, and shall furnish the shipwrecked persons, if neces- sary, with means of conveyance to the nearest open port.
2-All expenses incurred by the Government of Corea for the rescue, clothing, maintenance, and travelling of shipwrecked British subjects, for the recovery of the todies of the drowned, for the medical treatment of the sick and injured, and for the burial of the dead, shall be repaid by the British Government to that of Corea.
3.-The British Government shall not be responsible for the repayment of the expenses incurred in recovery or preservation of a wrecked vessel, or the property belonging to her. All such expenses shall be a charge upon the property saved, and shall be paid by the parties interested therein upon receiving delivery of the
same.
Debesu By
118
TREATY BETWEEN GREAT BRITAIN AND COREA
4. No charge shall be made by the Government of Corea for the expenses of the Government officers, local functionaries, or police who shall proceed to the wreck, for the travelling expenses of officers escorting the shipwrecked men, nor for the expenses of official correspondence. Such expenses shall be borne by the Corean Government.
5.-Any British merchant ship compelled by stress of weather or by want of fuel or provisions to enter an unopened port in Corea shall be allowed to execute repairs, and to obtain necessary supplies. All such expenses shall be defrayed by the master of the vessel.
Art. VIII.-The ships of war of each country shall be at liberty to visit a'l the ports of the cther. They shall enjoy every facility for procuring supplies of all kinds or for making repairs, and shall not be subject to trade or harbour regulations, nor be liable to the payment of de ties or port charges of any kind.
2.-When British ships of war visit unopened ports in Corea, the officers and men may land, but shall not proceed into the interior unless they are provided with passports.
3.-Supplies of all kinds for the use of the British Navy may be landed at the open ports of Corea, and stored in the cust dy of a British officer, wt out the pay- ment of any duty. But if any such supplies are sold, the purchaser shall pay the proper dut. to the Corean Athorities.
4.-The Corean Government will afford all the facilities in their power to ships belonging to the British Government which may be engaged in making surveys in Corean waters.
Art. IX.-The British Authorities and British subjects in Corea shall be allowed to employ Corean subjects as teachers, int rpreters, servants, or in any other lawful capacity, without any restriction on the part of the Corean Authorities; and, in like manner, no restrictions shall be placed upon the employment of British subjects by Corean Authorities and subjects in any lawful capacity.
2.-Subjects of either nationality who may proceed to the country of the other to study its language, literature, laws, arts, or industries, or for the purpose of scien- tific research, shall be afforded every reasonable facility for doing so.
Art. X.-It is hereby stipulated that the Government, public officers, and subjects of Her Britannic Majesty shall, from the day on which this Treaty comes into operation, participate in all privileges, immunities, and advantages, especially in relation to import or export duties on goods and manufactures, which shall then have been granted or may thereafter be granted by His Majesty the King of Corea to the Government, public officers, or subjects of any other power.
Art. XI. Ten years from the date on which this Treaty shall come into opera- tion, either of the High Contracting Parties may, on giving one year's previous notice to the other, demand a revision of the Treaty or of the Tariff annexed thereto, with a view to the insertion therein, by mutual consent, of such modifications as experience shall prove to be desirable.
Art. XII.-This Treaty is drawn up in the English and Chinese languages, both of which versions have the same meaning, but it is hereby agreed that any difference which may arise as to interpretation shall be determined by reference to the English
text.
2. For the present all official communications addressed by the British Autho- rities to those of Corea shall be accompanied by a translation into Chinese.
Art. XIII.-The present Treaty shall be ratified by Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and by His Majesty the King of Corea, under their hands and seals; the ratifications shall be exchanged at Hanyang (Sö 1) as soon as possible, or at latest within one year from the date of signature, and the Treaty, which shall be published by both Governments, shall come into operation on the day on which the ratifications are exchanged.
In witness whereof the respective Plenipotentiaries above named have signed the present Treaty, and have thereto affixed their seals.
Dig trouby
TREATY BETWEEN GREAT BRITAIN AND COREA
119
Done in triplicate at Hanyang, this twenty-sixth day of November, in the year eighteen hu..dred and eighty-three, corresponding to the twenty-seventh day of the tenth month of the four hundred and ninety-second year of the Čorean era, being the
year of the Chinese reign Kuang Hsü.
ninth
[L.S.]
HARRY S. PARKES.
L.8.]
MIN YONG-MUK.
REGULATIONS UNDER WHICH BRITISH TRADE IS TO BE CONDUCTED IN COREA.
I.-Entrance and Clearance of Vessels.
1. Within forty-eight hours (exclusive of Sundays and holidays) after the arrival of a British ship in a Corean port, the master shall deliver to the Corean Cu-toms authorities the receipt of the British Consul showing that he has deposited the ship's papers at the British Con-ulate, and he shall then make an entry of this ship by banding in a written paper stating the name of the ship, of the port from which she comes, of her master, the number, and, it required, the names of her passengers, her tonnage, and the number of her crew, which paper sh-ll be certified by the master to be a true statement, and shall be signed by him. He shall, at the same time, deposit a written manifest of his cargo, setting for h the marks and numbers of the packages and their contents as they are described in the bills of lading, with the names of the persons to whom they are consigned. The master shall certify that this description is correct, and shall sign his name to the same. When a vessel has been duly entered, the Customs authorities will issue a permit to open hatches, which shall be exhibited to the Customs officer on board Breaking bulk without having obtained such permission will render the master liable to a fine not exceeding one hundred Mexic"n dollars.
2.-If any error is discovered in the manifest, it may be corrected within twenty- four hours (exclusive of Sundays and holidays) of its being handed in, without the payment of any fee, but for alteration or post entry to the manifest made after that time a fee of five Mexican dollars shall be paid.
3.-Any mast r who shall neglect to enter his v ssel at the Corean Custom-house within the time fixed by this Regulation shall pay a penalty not exceeding fifty Mexican dollars for every twenty-four hors that he shall so neglect to enter his ship.
4-Any British vessel which remains in port for less than forty-eight hours (exclusive of Sundays and holidays) and does not open her hatch 8, also any vessel driven into port by stress of weather, or only in want of supplies, shall not be required to en er or pay tonnage dues so long as such vessel does not engage n trade.
C.-When the master of a vessel wishes to clear, he shall hand in to the Customs authorities an export manifest containing similar particulas to those given in the import manifest. The Customs authorities will then issue a clearance cer'ificate and return the Consul's receipt for the ship's papers. The e documents must be handed into the Consulate before the ship's papers are returned to the master.
6. Should ans ship leave the port without clearing our wards in the manner above prescribed, the master shall be liable to a penalty not exceeding two hundred Mexican dollars.
7.-British steamers may enter and clear on the same day, and they shall not be required to hand in a manifest except for such goods as are to be landed or transhipped at the port of entry.
II.-Landing and Shipping Cargo and Payment of Duties.
1.-The importer of any goods who desires to land them shall make and sign an application to that effect at the Custom-house, stating his own name, the name of the ship in which the goods have been imported, the marks, numbers, and contents of the packages and their values, and declaring that this statement is correct. The Customs authorities may demand the production of the invoice of each consignment of mer-
DA BARBY
120
REGULATIONS FOR BRITISH TRADE WITH COREA
chandise. If it is not produced, or if its absence is not satisfactorily accounted for, the owner shall be allowed to land his goods on payment of double the Tariff duty, but the surplus duty so levied shall be refunded on the production of the invoice.
2. All goods so entered may be examined by the Customs officers of the places appointed for the purpose. Such examination shall be made without delay or injury to the merchandize, and the packages shall be at once resorted by the Customs authorities to their original condition, in so far as may be practicable.
3. Should the Customs authorities consider the value of any goods paying an ad valorem duty as declared by the importer or exporter insufficient, they shall call upon him to pay duty on the value determined by an appraisement to be made by the Customs appraiser. But should the importer or exporter be dissatisfied with that appraisement, he shall within twenty-four hours (exclusive of Sundays and holidays) state his reasons for such dissatisfaction to the Commissioner of Customs, and shall appoint an appraiser of his own to make a re-appraisement. He shall then declare the value of the goods as determined by such re-appraisement. The Commissioner of Customs will thereupon, at his option, either assess the duty on the value deter- mined by this re-appraisement, or will purchase the goods from the importer or exporter at the price thus determined, with the addition of five per cent. In the latter case the purchase money shall be paid to the importer or exporter within five days from the date on which he has declared the value determined by his own appraiser.
4. Upon all goods damaged on the voyage of importation a fair reduction of duty shall be allowed, proportionate to their deterioration. If any disputes arise as to the amount of such reduction, they shall be settled in the manner pointed out in the preceding clause.
5.-All goods intended to be exported shall be entered at the Corean Custom- house before they are shipped. The application to ship shall be made in writing, and shall state the name of the vessel by which the goods are to be exported, the marks and number of the packages, and the quantity, description, and value of the contents. The exporter shall certify in writing that the application gives a true account of all the goods contained herein, and shall sign his name hereto.
6.-No goods shall be landed or shipped at other places than those fixed by the Corean Customs authorities, or between the hours of sunset and sunrise, or on Sundays or holidays, without the special permission of the Customs authorities, who will be entitled to reasonable fees for the extra duty thus performed.
7.-Claims by importers or exporters for duties paid in excess, or by the Customs authorities for duties which have not been fully paid, shall be entertained only when made within thirty days from the date of payment.
8.-No entry will be required in the case of provisions for the use of British ships, their crews and passengers, nor for the baggage of the latter which may be landed or shipped at any time after examination by the Customs officers.
9.-Vessels needing repairs may land their cargo for that purpose without the payment of duty. All goods so landed shall remain in charge of the Corean Antho- rities, and all just charges for storage, labour, and supervision shall be paid by the master. But if any portion of such cargo be sold, the duties of the Tariff shall be paid on the portion so disposed of.
10.-Any person desiring to tranship cargo shall obtain a permit from the Customs authorities before doing so.
III.-Protection of the Revenue.
1.-The Customs authorities shall have the right to place Customs officers on board any British merchant vessel in their ports. All such Customs officers shall have access to all parts of the ship in which cargo is stowed. They shall be treated with civility, and such reasonable, accommodation shall be allowed to them as the ship affords.
2.-The hatches and all other places of entrance into that part of the ship where cargo is stowed may be secured by the Corean Customs officers between the hours of sunset and sunrise, and on Sundays and holidays, by affixing seals, locks, or other
Di Meow by
PROTOCOL TO TREATY BETWEEN GREAT BRITAIN AND COREA
121
fastenings, and if any person shall, without due permission, wilfully open any entrance that has been so secured, or break any seal, lock, or other fastening that has been affixed by the Corean Customs officers, not only the person so offending, but the master of the ship also, shall be liable to a penalty not exceeding one hundred Mexican dollars.
3.-Any British subject who ships, or attempts to ship, or discharges, or attempts to discharge, goods which have not been duly entered at the Custom-house in the manner above provided, or packages containing goods different from those described in the import or export permit application, or prohibited goods, shall forfeit twice the value of such goods, and the goods shall be confiscated.
4.--Any person signing a false declaration or certificate with the intent to defraud the revenue of Corea shall be liable to a fine not exceeding two hundred Mexican dollars.
5.--Any violation of any provi-ion of these Regulations, to which no penalty is specially attached therein, may be punished by a fine not exceeding one hundred Mexican dollars.
Note. All documents required by these Regulations, and all other communications addressed to the Corean Customs authorities, may be written in the English language.
[L.S.] [L.S.]
HARRY S. PARKES.
MIN YONG-MOK.
PROTOCOL.
The above-named Plenipotentiaries hereby make and append to this Treaty the following three Declarations:-
I.---With reference to Article III. of this Treaty, it is hereby declared that the right of extra-terriorial jurisdiction over British subjects in Corea granted by this Treaty shall be relinquished when, in the judgment of the British Government, the laws and legal procedure of Corea shall have been so far modified and reformed as to remove the objections which now exist to British subjects being placed under Corean jurisdiction, and Corean Judges shall have attained similar legal qualifications and a similar independent position to those of British Judges.
II.-With reference to Article IV. of this Treaty, it is hereby declared that if the Chinese Government shall hereafter surrender the right of opening commercial establishments in the city of Hanyang, which was granted last year to Chinese subjects, the same right shall not be claimed for British subjects, provided that it be not granted by the Corean Government to the subjects of any other Power.
III-It is hereby declared that the provisions of this Treaty shall apply to all British Colonies, unless any exception shall be notified by Her Majesty's Government to that of Corea within one year from the date on which the Ratifications of this Treaty shall be exchanged.
And it is hereby further stipulated that this Protocol shall be laid before the High Contracting Parties simultaneously with this Treaty, and that the ratification of this Treaty shall include the confirmation of the above three declarations, for which, therefore, no separate act of ratification will he required.
In faith of which the above-named Plenipotentiaries have this day signed this Protocol, and have hereto affixed their seals.
Done at Hanyang this twenty-sixth day of November, in the year eighteen hundred and eighty-three, corresponding to the twenty-seventh day of the tenth month of the four hundred and ninety-second year of the Corean era, being the ninth year of the Chinese reign Kuang Åsū.
HARRY S. PARKES.
[L.S.] [L.S.]
MIN YONG-MOK.
•
122
COREAN TARIFF.
IMPORTS.
Arms, am nunition, fire-arms, fowling. piews, or sidearms imported under special perinit of the Corean Govern- ment for sporting purposes or for self- defence.
6 Artifici‹ flowers
7 Bamboo, split or not
8 Bark for tanning
9
...
Ben 18, peas, and pulse, all kinds
10 Beer, porter, and cider
:
...
11 Beverages, such as lemonade, ginger
heer, soda and mineral waters
12 Birds' nests ........
13 Blankets and rugs
14 Bones
15 Books, mans, and oharts
16 Bricks and tiles
摘
17 Bullion, being gold or silver refined
18 Buttons, buckles, hooks and eyes, &c. 19 Camphor, crude
20
refined
***
Åd valorem
No.
ARTICLE.
Rate of Duty. Per cent
No.
1 Agricultural implements
Free
32
Fans, all kinds
2 Alun.
3
Amber
4
Anchors and chains
5
5
53
20
54
Felt
5
5
56
Feathers, all kinds
VAD
Fire engines
Fireworks
57 Fish, fresh
dried and salted
Flax. hemp, and jute...
ARTICLE.
Ad valorem Rate of Duty.
Per cent.
7}
7}
71
Free
58
59
***
60
Flints
...
***
Free
21 Candles
***
22 Canvas
***
***
23 Carmine
+
24 Carpets of jute, hemp, or felt, patent
tapestry
***
25 Carpets, superior quality, as Brussel, Kidderminster, and other kinds not enumerated
སྶ ཙིསྶསྶཱཎོཨསྶཏྟཾཨཉྙཾཨaa ཚོnཙི
***
61
Fioor rugs, all kinds
...
62
Flour and meal, all kinds
63
Foil, gold and silver
64
tin. oopper, and all other kinds
:.
:
:
::
:
:
:
:.
20
5
7
5
10 10
65 Fruit, fresh, all kinds
66
dried, sa'ted, or preserved
NANONNG
74-
767
Furniture of all kinds
68
Furs, superior, as sable, ses otter, seal,
olter, beaver, &c.
20
...
69
Gamboge
7
Free 70
71
Ginseng, red, white, crude, and clarified Glass, window, plain and coloured, all
qualities
20
***
71
772
Glass, plate, silvered or unsilvered,
framed or unframed...
10
73
Glassware, all kinds.......
14
74
Glue
7 75
Grain and corn, all kin la
76
Grasscloth, and all textiles in hemp,
jute, &c.
71
7} 77
Guano and manures, all kinds
5
400
78
Hair, all kinds except human
71
79
human...
10
10
80
***
26 Caracts, velvet
27 Carriages.......
***
...
20
81
20
82
***
"
28 Cen ent, as Portland and other kinds
29
Charcoal.....
30 Chemicals, all kinds...
31 Clocks and parts thereof
32 Clothing and wearing apparel, all kinds,
hats, boots and shoes, &c.
38 Clothing and wearing apparel made
wholly of silk...
7 83
71
ornaments, gold and silver
Hides and skins, raw and undressed
Horns and hoofs all kinds not otherwise
provided for
20
tanned and dressed
71
...
784
Incense sticks
10
85
India-rubber, manufactured or not
86
Isinglass, all kinds ...
...
787
Ivory, manufactured or not
:
:
:
88
Jide-ware
10
89
Jewellery, real or imitation
20
10
7
20
20
20
...
84 Coal and coke
35
Cochinesl
36
Cocoons
Б
90
20
***
...
$7 Coins gold and silver
88 Confectioneries and sweetmeats, all kinds 10 39 Coral, mnufactured or nota...
40 Cordage and rope, all kinds and sizes... 41 Cotton, raw
42
otton manufacture, all kinds...
43 Cotton and woollen mixtures, all kinds 44 Colton and silk mixtures, all kinds
45 Cutlery, all kinds ...
46 Dngs all kinds
47 Dyes, co ours, and paints, vaiut oils,
48
and materials used for mixing paints Eirthenware
ada
49 Embroideries in gold, silver, or silk
50 Enamel-y
-ware
51 Explosives used for mining, &c., and imported under special permit
De trouby
7491 Free 92
Kerosine. or petroleum, and other
mineral oils
Lacquered-ware, common ...
***
"
su, erior
93 20 94
Lamps, all kinds
795
Lanterns, paver... Leuther, all ordinary kinds, plain.........
...
5
98
74
797 Leather manufactures, all kinds
78
Limne ...
7199
5
71 100
701
20
20 102
superior kinds, and stamped, figured, or coloured...
Linen, linen and cotton, linen and wool- len mixtures, linen and silk mixtures, all kinds
Matches
Matting, floor, Chinese, Japanese, coir,
&"., common qualities
Matting, superior qualities, Japanese
'tatamis,""&c.
10 20
7}
6
7
10
10
5
***
71
5
...
10
..
103
Meat, frosh...
...
71
5.
No.
7}
COREAN TARIFF
ABTICLE.
Ad valorem Rate of Duty. Per cent.
No.
71
5
104 Meat, dried and salted... 105 Medicines, all kinds not otherwise
provided for
106 Metals, all kinds, in pig, block, ingot, slab, bar, rod, plate, sheet, hoop, strip, band and flat, T and angle-iron, old and scrap iron.....
107 Metals, all kinds, pipe or tube, cor- rugated or galvanized, wire, steel, tin- plates, quicksilver, nickel, platina, German silver, yellow metal, tuten- agne, or white copper, unrefined gold and silver
ARTICLE.
123
Ad valorem Rate of Duty.
Per cent.
152 Silk manufactures, as gauze, crape, Japanese amber lustrings, satins, satin damaske, figured satins, Japanese white silk ("habutai")
163 Silk manufactures not otherwise pro-
vided for
5
154
Silk thread and floss silk in skein...
155
Foap, common qualities
156 Soap, superior qualities
157 Soy, Chinese and Japanese
158 Spectacles
+
169 Spices, all kinds
10
71
10
5
Fowo For
10
:
:
5
20
160
Spirits, in jars
71
108 Metal manufactures, all kinds, as nails, screws, tools, machinery, railway plant, and hardware.....
161
Spirits and liqueurs, in wood or bottle,
all kinds
20
**
73
物
162
Stationery and writing materials, all
109 Models of inventions
Free
kinds, blank books, &c.
***
111
"
...
119 Oil, and floor-cluth, all kinds...
120
110 Mosquito netting, not made of silk...
112 Musical boxes ...
113 Musical instruments, all kinds 114 Musk
115 Needles and pins
116
Oil-ake
117 Oils, vegetable, all kinds...
118 Oil, wood (Tung-yu)...
Packing bags, packing matting, tea-
lead, and ropes for packing goods Free 121 Paper, common qualities
7}
163
Stones and slate, cut and dressed...
made of silk
10
164
10
Sugar, brown and white, all qualities,
molasses, and syrups.......
10
...
165
Sugar candy
10
20
166
Sulphur
7}
5
:
71
168
5 169
167 Table stores, all kinds, and preserved
provisions
Tallow Tea
:
F:
71 170
Telescopes and binocular glasses
10
171
Tobarco, all kinds and forms...
20
...
1:2
all kinds, not otherwise provided
"
for
***
123 Paper, coloured, fancy, wall and hanging 10 124 Pearla
20
...
125 Pepper, unground...
126 Perfumes and scents
20
Less
172
Tortoise shell, manufactured or not
20
5
173
Tooth powder.
10
174 Travellers' baggage...
175 Trunks and portmanteaux
Fre
10
176
Twine and thread, all kinds, excepting
in silk
...
...
***
177
Types, new and old
...
...
:
178
Umbrellas, paper ...
Free
5
127 Photographic apparatus
10
179
cotton
""
128 Pictures, prints, photographs, engrav
ings, all kinds framed or unframed
180
kilk
10
"
10
181
Umbrella frames
:
129 Pitch and tar
5
182
Varnish
...
130 Pianks, soft
7
183
Vegetables, fresh, dried, and salted
131
hard
10
...
184
Velvet, silk...
20
"
132 Plants, trees and shrubs, all kiuda
Free
185
Vermicelli
编僞
...
133 Plate, gold and silver
20
186
Vermilion
10
***
134 Plated ware, all kinds
10
187
Watches, and parts thereof in common
135 Porcelain, common qualities
71
metal, nickel, or silver
10
136
superior qualities
10
188
Watches, in gold or gilt
20
137 Precious stones, all kinds, set or unset 20
189
Wax, bees' or vegetable
138 Rattans, split or not
5
190
cloth...
***
"
14
139 Rhinoceros horns
110 Rosin
141 Saddlery and harness
142 Salt
20
191
Wines in wood or bottle, all kinds
71
192
Wood or timber, soft
10
193
hard
:
:
:.
:
71
***
143 Samples in seasonable quantities
Free
144 Sapanwood
145 Scales and balances...
5
146 Scented wood, all kinds
20
197
kinds Works of art
147
Scientific instruments, as physical, ma- thematical, meteorological, and sur-
198
gical, and their appliances
Free
148 Seals, materials for.......
10
&c.
...
149 Sea products, as seaweed, bêche-de-mer,
150 Seeds, all kinds
7+
194 Wool, sheep's, raw......
195 Woollen manufactures, all kinds
71 196 Woollen and silk mixtures,
Yarns, all kinds, in cotton, wool hemp,
&c.
***
***
All unenumerated articles, raw or un-
manufactured .......
All uneuumerated articles, partly manu-
factured
...
:ཋ:
5
all
...
** F2F FFCoast offfe ogFréfouf Fa
71
71
7
71
71
5
71
71
5
7+
7
101
71
10
20
...
33
...
7
5
151
Silk, raw, reeled, thrown, floss or waste
74
All unenumerated articles, completely
manufactured...
10
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124
COREAN TARIFF
Foreign ships, when sold in Cores, will pay a duty of 25 cents per ton on sailing vessels, and 50 cents per tou on steamers.
Prohibited Goods.
Adulterated drugs or medicines.
Arms, munitions, and implements of war, as ordnance or cannon, shot and shell, firearms of all kinds, cartridges, side-arms, spears or pikes,
saltpetre, gunpowder, guncotton, dynamite, and other explosive substances.
The Corean authorities will grant special permits for the importation of arms, firearms, and ammunition for purposes of sport or self-defence on satisfactory proof being furnished to them of the bona fide character of the application.
Counterfeit coins, all kinds.
Opium, except medicinal opium.
EXPORTS.
CLASS I.
Duty-Free Export Goods. Bullion, being gold and silver refined. Coins, gold and silver, all kinds. Plants, trees, and shrubs, all kinds. Samples, in reasonable quantity. Travellers' baggage.
CLASS II.
All other native goods or productions not enumerated in Class I. will pay an ad valorem duty of five per cent.
bited.
The exportation of red ginseng is prohi
RULES.
I. In the case of imported articles the ad valorem duties of this Tariff will be calculated on the actual cost of the goods at the place of production or fabrication, with the addition of freight, insurance, etc. In the case of export articles the ad valorem duties will be calculated on market values in Corea.
II.-Duties may be paid in Mexican dollars or Japanese silver yen.
III.-The above Tariff of import and export duties shall be converted, as soon as possible and as far as may be deemed desirable, into specific rates by agreement between the competent authorities of the two countries.
[L.S.] [L.S.]
HARRY S. PARKES. MIN YONG-MOK,
Degree by Google
UNITED STATES
TREATY OF PEACE AND FRIENDSHIP. BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF COREA (CHOSEN)
SIGNED AT Rensan, 22nd May, 1882
Batifications Exchanged at Hanyang, 19th May, 1883
Art. I.-There shall be perpetual peace and friendship between the President of the United States and the King of Chosen and the citizens and subjects of their respective Governments. If other Powers deal unjustly or oppressively with either government the other will exert their good offices, on being informed of the case, to bring about an amicable arrangement, thus showing their friendly feelings.
Art. II.-After the conclusion of this treaty of amity and commerce the high contracting Powers may each appoint diplomatic representatives to reside at the Court of the other, and may each appoint consular representatives at the ports of the other which are open to foreign commerce, at their own convenience.
The officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality. The Diplomatic and Consular repre- sentatives of the two governments shall receive mutually all the privileges, rights, and immunities, without discrimination, which are accorded to the same classes of repre- sentatives from the most favoured nations.
Consuls shall exercise their functions only on receipt of an exequatur from the government to which they are accredited. Consular authorities shall be bond fide officials. No merchants shall be permitted to exercise the duties of the office, nor shall consular officers be allowed to engage in trade.
At ports to which no consular representatives have been appointed the consuls of other Powers may be invited to act, provided that no merchant shall be allowed to assume consular functions, or the provisions of this treaty may be, in such case, enforced by the local authorities.
If consular representatives of the United States in Chosen conduct their business in an improper manner their exequaturs may be revoked, subject to the approval, previously obtained, of the diplomatic representative of the United States.
Art. III.-Whenever United States vessels, either because of weather or by want of fuel or provisions, cannot reach the nearest open port in Chosen, they may enter any port or harbour either to take refuge therein or to get wood, coal, and other necessaries or to make repairs; the expenses incurred thereby being defrayed by the ship's master. In such event the officers and people of the locality shall display their sympathy by rendering full assistance, and their liberality by furnishing the necessities required.
If a United States vessel carries on a clandestine trade at a port not open to foreign commerce, such vessel with her cargo shall be seized and confiscated.
If a United States vessel be wrecked on the coast of Chosen, the coast authorities, on being informed of the occurrence, shall immediately render assistance to the crew, provide for their present necessities, and take the measures necessary for the salvage of the ship and the preservation of the cargo. They shall also bring the matter to the knowledge of the nearest consular representative of the United States, in order
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TREATY BETWEEN THE UNITED STATES AND COREA
that steps may be taken to send the crew home ad save the ship and cargo. The necessary expenses shall be defrayed either by the ship's master or by the United States.
Art. IV.-All citizens of the United States of America in Chosen, peaceably attending to their own affairs, shall receive and enjo for themselves and everything appertaining to them the protection of the local authorities of the Government of Chosen, who shall defend them from all insult and injury of any sort. If their dw lings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, shall immediately dispatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigour of the law.
Subjects of Chosen, guilty of any criminal act towards citizens of the United States, shall be punished by the authorities of Chosen according to the laws of Chosen; and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of the people of Chosen shall be arrested and punished only by the Consul or other public functionary of the United States thereto authorized, according to the laws of the United States.
When controversies arise in the kingdom of Chosen, betw en citizens of the United States and subjects of His Majesty, which neel to be examined and decide d by the public officers of the two n tions, it is agreed between the two governments of the United States an I Chosen that such case shall be tried by the proper official of the nationality of the defendant according to the law of that natin. The properly authorized official of the plaintiff's nationality shall be freely permitted to attend the trial and shall be treated with the courtes · due to his position. He s all be granted all roper facilities for watching the proceedings in the int rests of justice. If he so desire he shall have the right to be pr sent, to examine and cross examine witnesses. If he is dissatisfied with the proceedings he shall be permitted to protest against them in detail.
It is, however, mutually agreed and understood between the high contracting Powers that whenever the King of Chosen shall have so far modified and reformed the statutes and the judicial procedure of his kingdom that, in the judgment of the United States, they conform to the laws and course of justice in the United States, the right of exterritorial jurisdiction over United States citizens in Chosen shall be abandoned, and thereafter United States citizens, when within the limits of the kingdom of Chosen, shall be subject to the jurisdiction of the native authorities.
Art. V.-Merchants and merchant vessels of Chosen visiting the United States for the purpose of traffic shall pay duties and tonnage dues and fees according to the customs regulations of the United States, but no higher or other rates of duties and tonnage dues shall be exacted of them than are levied upon citizens of the United States or upon citizens or subjects of the most favoured nation.
Merchants and merchant vessels of the United States visiting Chosen for purposes of traffic shall pay duties upon all merchandise imported and exported. The authority to levy duties is of right vested in the Government of Chosen. The tariff of duties upon exports and imports, together with the customs regulations for the prevention of smuggling and other irregularities, will be fixed by the authorities of Chosen and communicated to the proper officials of the United States, to be by the latter notified to their citizens and duly observed.
It is, however, agreed in the first instance, as a general measure, that the tariff upon such imports as are articles of daily use shall not exceed an ad valorem duty of ten per cent; that the tariff upon such imports as are luxuries-as for instance foreign wines, foreign tobacco, clocks and watches-shall not exceed an ad valorem duty of thirty per cent., and that native produce exported shall pay a duty not to exceed five per cent. ad valorem. And it is further agreed that the duty upon foreign imports shall be paid once for all at the port of entry, and that no other dues, duties, fees, taxes, or charges of any sort shall be levied upon such imports either in the interior of Chosen or at the ports.
TREATY BETWEEN THE UNITED STATES AND COREA
187
United States merchant vessels entering he p rts of Chosen shall pay tonnage. does at the rate of five mac· per tou, payable ouce in three months on each vessel, according to the Chinese calendar.
Art. VI-Subjects of Chosen who my visit the United States shall be per- mitt d to reside and to rent premises, purchase land, or to construct resilences or warhouses in all parts of the country. They shall be freely permitted to pursue their various clin.s and avocat.ous, and 10 triffic in all merchan·lise, raw and manufa-turel, that is not declared contraband by law. Citizens of the United States who may resort to the ports of Chosen which are open to foreign commerce shall be permitted to reside at such open ports within the limits of the concession and to lease buildings or land, or to construct residences or warehouses there.n. They shall be freely permitted to pursue their various callings and avocations within the limita of the ports and to traffic in all merchandise, ras and manu actured, that is not declared contraband by law.
•
No coercion or intimidation in the acquisition of land or buildings shall be permitted, and the land rent as fixed by the authorities of Chosen shall be paid. And it is expressly agreed that land so acquired in the open ports of Chosen still remains an integral part of the kingdom, and that all rights of jurisdiction over persons and property within such areas remain vested in the authorities of Chosen, except in so far as such rights have been expressly relinquished by this treaty.
American citizens are not permitted either to transport foreign imports to the interior for sal or to proceed thither to purchase native produce, nor are they per- mitted to transport native produce from one open port to another open port.
#
Violation of this rule will subject su h merchandise to confiscation, and the merchants offending will be handed over to the consular anthorities to be dealt with.
Art. VII.-The Governm. nts of the United States and of Chosen mutually agree and undertake that subjects of Chosen shall not be permitted to import opi m into any of the ports of the United States, and citizens of the, United States shall not be permitted to import opium into any of the open ports of Chosen, to transport it from one open port to another open port, or iraffic in it in Chosen. This absolute prohibition, which exten is to Vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, and to vessels owned by the ci ize s or subject of either Power and employed by other persons for the transportation of opium, shalls be enforce by appropriate legislation on the part of the United States and of Chosen, and offenders against it shall be severely punished.
Art. VII. Whenever the Government of Chosen shall have reason to appre- hend a scarcity of food within the limits of the kingdom, His Majesty may by decree temporarily prohibit the export of all breadstuffs, and such decree shall be binding upon all citizens of the United Stat s in Chosen upon due notice having been given them by the authorities of Chosen through the proper officers of the United States; but it is to be understood that the exportation of rice aud breadstuffs of ever description is prohibited from the open port of Yin-Chuen.
Chosen having of old prohibite the exportation of red ginseng, if citizens of the United States clandestinely purchase it for export it shall be confiscated and the offenders punished.
Art. IX.-Purchase of cannon, small arms, swords, gunpowde", shot, and all munitions of war is permitted only to officials of the Government o Chosen, and they may be imported by citizens of the United States only under written permit from the authorities of Chosen. If these articles are clandestinely imported they shall be confiscated and the offending party shall be pnished.
Art. X.-The officers and people of either nation residing in the other shall have the right to employ natives for all kinds of la fui work.
Should, however, subjects of Chosen, guilty of violation of the laws of the king. dom, or against how any actin has been brought, conceal themselves in the residences or warehouses of United States citizens or on board United States merchant vessels, the Consular authorities of the United States, on being notified of the fact by the local authorities, will either permit the latter to despatch constables to make
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TREATY BETWEEN THE UNITED STATES AND COREA
the arrests, or the persons will be arrested by the Consular authorities and handed over to the local constables.
Officials or citizens of the United States shall not harbour such persons.
Art. XI. Students of either nationality who may proceed to the country of the other in order to study the language, literature, laws, or arts shall be given all possible protection and assistance, in evidence of cordial goodwill.
Art. XII.-This being the first treaty negotiated by Chosen, and hence being general and incomplete in its provisions, shall, in the first instance, be put into opera- tion in all things stipulated herein. As to stipulations not contained herein, after an interval of five years, when the officers and people of the two Powers shall have become more familiar with each other's language, a further negotiation of commercial provisions and regulations in detail, in conformity with international law and without unequal discriminations on either part, shall be had.
Art. XIII.-This Treaty and future official correspondence between the two contracting governments shall be made on the part of Chosen in the Chinese language.
The United States shall either use the Chinese language, or if English be used it shall be accompanied with a Chinese version in order to avoid misunderstanding. Art. XIV. The high contracting Powers hereby agree that should at any time the King of Chosen grant to any nation or to the merchants or citizens of any nation any right, privilege, or favour connected either with navigation, commerce, political or other intercourse, which is not conferred by this treaty, such right, privilege, and favour shall freely enure to the benefit of the United States, its public officers, merchants, and citizens; provided always, that whenever such right, privilege, or favour is accompanied by any condition or equivalent concession granted by the other nation interested, the United States, its officers and people, shall only be entitled to the benefit of such right, privilege, or favour upon complying with the conditions or concessions connected therewith.
In faith whereof the respective Commissioners Plenipotentiary have signed and sealed the foregoing at Yin-Chuen, in English and Chinese, being three originals of each text of even tenor and date, the ratifications of which shall be exchanged at Yin-Chuen within one year from the date of its execution, and immediately hereafter this treaty shall be, in all its provisions, publicly proclaimed and made known by both governments in their respective countries in order that it may be obeyed by their citizens and subjects respectively.
R. W. SHUFELDT,
Commodore United States Navy, Envoy of the United States to Chosen.
SHIN CHEN,
CHIN HONG CHI,
Members of the Royal Cabinet of Chosen.
JAPAN
TREATY OF PEACE AND FRIENDSHIP BETWEEN THE EMPIRE OF
Japan and the kingdOM OF COREA (CHOSEN)
SIGNED AT KOKWA, 26TH FEBRUARY, 1876.
The Governments of Japan and Chosen being desirous to resume the amicable relations that of yore existed between them and to promote the friendly feelings of both nations to a still firmer basis have, for this purpose, appointed their Pleni- potentiaries, that is to say:-The Government of Japan, Kuroda Kiyotaka, High Commissioner Extraordinary to Chosen, Lieutenant-General and Member of the Privy Council, Minister of the Colonization Department, and Inouyè Kaoru, Associate High Commissioner Extraordinary to Chosen, Member of the Genrô In; and the Government of Chosen, Shin Ken, Han-Choo-Su-Fu, and In-Jishô, Fu-So-Fu, Fuku-so-Kwan, who, according to the powers received from their respective Govern- ments, have agreed upon and concluded the following Articies :-
Art. I.-Chosen being an independent state enjoys the same sovereign rights as does Japan.
In order to prove the sincerity of the friendship existing between the two nations, their intercourse shall henceforward be carried on in terms of equality and courtesy, each avoiding the giving of offence by arrogance or manifestations of suspicion.
In the first instance, all rules and precedents that are apt to obstruct friendly intercourse shall be totally abrogated, and, in their stead, rules, liberal and in general usage fit to secure a firm and perpetual peace, shall be established.
Art. II.-The Government of Japan, at any time within fifteen months from the date of signature of this Treaty, shall have the right to send an Envoy to the capital of Chosen, where he shall be admitted to confer with the Rei-sohau-sho on matters of a diplomatic nature. He may either reside at the capital or return to his country on the completion of his mission.
The Government of Chosen in like manner shall have the right to send an Envoy to Tokyo, Japan, where he shall be admitted to confer with the Minister for Foreign Affairs on matters of a diplomatic nature. He may either reside at Tokyo or return home on the completion of his mission.
Art. III.-All official communications addressed by the Government of Japan to that of Chosen shall be written in the Japanese language, and for a period of ten years from the present date they shall be accompanied by a Chinese translation. The Government of Chosen will use the Chinese language.
Art. IV.-Sorio in Fusan, Chosen, where an official establishment of Japan is situated, is a place originally opened for commercial intercourse with Japan, and trade shall henceforward be carried on at that place in accordance with the provisions of this Treaty, whereby are abolished all former usages, such as the practice of Sai- ken-sen (junk annually sent to Chosen by the late Prince of Tsushima to exchange a certain quantity of articles between each other).
In addition to the above place, the Government of Chosen agrees to open two ports, as mentioned in Article V. of this Treaty, for commercial intercourse with Japanese subjects.
In the foregoing places Japanese subjects shall be free to lease land and to erect buildings thereon, and to rent buildings the property of subjects of Chosen.
Art. V.-On the coast of five provinces, viz: Keikin, Chiusei, Jenra, Keisho, and Kankio, two ports, suitable for commercial purposes, shall be selected, and the time for opening these two ports shall be in the twentieth month from the second month of the ninth year of Meiji, corresponding with the date of Chosen, the first moon of the year Hei-shi.
Art. VI. Whenever Japanese vessels either by stress of weather or by want of fuel and provisions cannot reach one or the other of the open ports in Chosen, they may enter any port or harbour either to take refuge therein, or to get supplies of
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TREATY BETWEEN JAPAN AND COREA
wood, coal, and other necessaries, or to make repairs; the expenses incurred thereby are to be defrayed by the ship's master. In such events both the officers and the people of the locality shall display their sympathy by rendering full assistance, and their liberality in supplying the necessaries required.
If any vessel of either country be at any time wrecked or stranded on the coasts of Japan or of Chosen, the people of the vicinity shall immediately use every exertion to rescue her crew, and shall inform the local authorities of the disaster, who will either send the wrecked persons to their native country or hand them over to the officer of their country residing at the nearest port.
Art. VII.-The coasts of Chosen, having hitherto been left unsurveyed, are very dangerous for vessels approaching them, and in order to prepare charts showing the positions of islands, rocks, and reefs, as well as the depth of water, whereby all navigators may be enabled safely to pass between the two countries, any Japanese mariners may freely survey said coasts.
Art. VIII.-There shall be appointed by the Government of Japan an officer to reside at the open ports in Chosen for the protection of Japanese merchants resorting there, provided that such arrangement be deemed necessary. Should any question interesting both nations arise, the said officer shall confer with the local authorities of Chosen and settle it.
Art. IX.-Friendly relations having been established between the two contract- ing parties, their respective subjects may freely carry on their business without any interference from the officers of either Government, and neither limitation nor pro- hibition shall be made on trade.
In case any fraud be committed, or payment of debt be refused by any merchant of either country, the officer of either one or of the other Governinent shall do their utmost to bring the delinquent to justice and to enforce recovery of the debt.
Neither the Japanese nor the Chosen Government shall be held responsible for the payment of such debt.
Art. X. Should a Japanese subject residing at either of the open ports of Chosen commit any offence against a subject of Chosen, he shall be tried by the Japanese authorities. Should a subject of Chosen commit any offence against a Japanese subject, he shall be tried by the authorities of Chosen. The offenders shall be punished according to the laws of their respective countries. Justice shall be equitably and impartially administered on both sides.
Art. XI.-Friendly relations having been established between the two contract- ing parties, it is necessary to prescribe trade relations for the benefit of the merchants of the respective countries.
Such trade regulations, together with detailed provisions, to be added to the Articles of the present Treaty, to develop its meaning, and facilitate its observance, shall be agreed upon at the capital of Chosen or at Kokwa Fu in the country, within six months from the present date, by Special Commissioners appointed by the two countries.
Art. XII. The foregoing eleven articles are binding from the date of the signing hereof, and shall be observed by the two contracting parties, faithfully and invariably, whereby perpetual friendship shall be secured to the two countries.
The present Treaty is executed in duplicate and copies will be exchanged between the two contracting parties.
In faith whereof we, the respective Plenipotentiaries of Japan and Chosen, have affixed our seals hereunto this twenty-sixth day of the second month of the ninth year of Meili, and the two thousand five hundred and thirty-sixth since the accession of Jimmu Tenno; and, in the era of Chosen, the second day of the second moon of the year Heishi, and of the founding of Chosen the four hundred and eighty-fifth.
(Signed)
"
17
KURODA KIYOTAKA. INOUYE KAORU. SHIN KEN.
IN JI-SHO.
Original rom
SUPPLEMENTARY TREATY BETWEEN JAPAN AND COREA
Whereas, on the twenty-sixth day of the second month of the ninth year Meiji, corresponding with the Corean date of the second day of the second month of the year Heishi, a treaty of Amity and Friendship was signed and concluded between Kuroda Kiyotaka, High Commissioner Extraordinary, Lieutenant-General of H.I.J.M. Army, Member of the Privy Council, and Minister of the Colonization Department, and Inouyé Kaoru, Associate High Commissioner Extraordinary and Member of the Genrô-In, both of whom had been directed to proceed to the city of Kokwa in Corea by the Government of Japan; and Shin Ken, Dai Kwan, Han-Choo-Su-Fu, and In- jishỏ, Fu-So-Fu, Fuku-so-Kwan, both of whom had been duly commissioned for that purpose by the Government of Corea :-
Now therefore, in pursuance of Article XI. of the above Treaty, Miyamoto Okadzu, Commissioner despatched to the capital of Corea, Daijô of the Foreign Department, and duly empowered thereto by the Government of Japan, and Chio Inki, Kôshoo Kwan, Gisheifudóshô, duly empowered thereto by the Government of Corea, have negotiated and concluded the following articles :-
Art. I.-Agents of the Japanese Government stationed at any of the open ports shall hereafter, whenever a Japanese vessel has been stranded on the Corean coasts and has need of their presence at the spot, have the right to proceed there on their informing the local authorities of the facts.
Art. II.-Envoys or Agents of the Japanese Government shall hereafter be at full liberty to despatch letters or other communications to any place or places in Corea, either by post at their own expense, or by hiring inhabitants of the locality wherein they reside as special couriers.
Art. III.-Japanese subjects may, at the ports of Corea open to them, lease land for the purpose of erecting residences thereon, the rent to be fixed by mutual agreement between the lessee and the owner.
Any lands belonging to the Corean Government may be rented by a Japanese on his paying the same rent thereon as a Corean subject would pay to his Government.
It is agreed that the Shumon (watch-gate) and the Shotsumon (barrier) erected by the Corean Government near the Kokwa (Japanese official establishment) in Sorioko, Fusan, shall be entirely removed, and that a new boundary line shall be established according to the limits hereinafter provided. In the other two open ports the same steps shall be taken.
Art. IV. The limits within which Japanese subjects may travel from the port of Fusan shall be comprised within a radius of ten ri, Corean measurement, the landing place in that port being taken as a centre.
Japanese subjects shall be free to go where they please within the above limits, and shall be therein at full liberty either to buy articles of local production or to sell articles of Japanese production.
The town of Torai lies outside of the above limits, but Japanese shall have the same privileges as in those places within them.
Art. V.-Japanese subjects shall at each of the open ports of Corea be at liberty to employ Corean subjects.
Corean subjects, on obtaining permission from their Government, may visit the Japanese Empire.
Art. VI. In case of the death of any Japanese subject residing at the open ports of Corea, a suitable spot of ground shall be selected wherein to inter his remains.
As to the localities to be selected for cemeteries in the two open ports other than the port of Fusan, in determining them regard shall be had as to the distance there is to the cemetery already established at Fusan.
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SUPPLEMENTARY TREATY BETWEEN JAPAN AND COREA
Art. VII.-Japanese subjects shall be at liberty to traffic in any article owned by Corean subjects, paying therefor in Japanese coin. Corean subjects, for purposes of trade, may freely circulate among themselves at the open ports of Cores such Japanese coin as they may have possession of in business transactions.
Japanese subjects shall be at liberty to use in trade or to carry away with them the copper coin of Corea.
In case any subject of either of the two countries counterfeit the coin of either of them, he shall be punished according to the laws of his own country.
Art. VIII.-Corean subjects shall have the full fruition of all and every article which they have become possessed of either by purchase or gift from Japanese subjects.
Art. IX.-In case a boat despatched by a Japanese surveying vessel to take soundings along the Corean coasts, as provided for in article VII. of the Treaty of Amity and Friendship, should be prevented from returning to the vessel, on account either of bad weather or the ebb tide, the headman of the locality shall accommodate the boat party in a suitable house in the neighbourhood. Articles required by them for their comfort shall be furnished to them by the local authorities, and the outlay thus incurred shall afterwards be refunded to the latter.
Art. X.-Although no relations as yet exist between Corea and foreign countries, yet Japan has for many years back maintained friendly relations with them; it is therefore natural that in case a vessel of any of the countries of which Japan thus cultivates the friendship should be stranded by stress of weather or otherwise on the coasts of Cores, those on board shall be treated with kindness by Corean subjects, and should such persons ask to be sent back to their homes they shall be delivered over by the Corean Government to an Agent of the Japanese Government residing at one of the open ports of Corea, requesting him to send them back to their native countries, which request the Agent shall never fail to comply with.
Art. XI.-The foregoing ten articles, together with the Regulations for Trade annexed hereto, shall be of equal effect with the Treaty of Amity and Friendship, and therefore shall be faithfully observed by the Governments of the two countries. Should it, however, be found that any of the above articles actually cause embarrass- ment to the commercial intercourse of the two nations and that it is necessary to modify them, then either Government, submitting its propositions to the other, shall negotiate the modification of such articles on giving one year's previous notice of their intention.
Signed and sealed this twenty-fourth day of the eighth month of the ninth year Meiji, and two thousand five hundred and thirty-sixth since the accession of H. M. Jimmu Tenno; and of the Corean era, the sixth day of the seventh month of the year Heishi, and the founding of Corea the four hundred and eighty-fifth.
(Signed)
(Signed)
MIYAMOTO OKADZU, Commissioner and Dajiô of the
Foreign Department.
CHO INKI,
Koshoo Kwan, Gisheifudosho.
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TREATIES WITH JAPAN
GREAT BRITAIN
TREATY OF PEACE, FRIENDSHIP, AND COMMERCE BETWEEN HER MAJESTY AND THE TYCOON OF JAPAN
Signed, in the English, Japanese, and Dutch LanGUAGES, AT TOKIO, 26TH AUGUST, 1858
Ratifications Exchanged at Tokio, 11th July, 1859
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Tycoon of Japan, being desirous to place the relations between the two countries on a permanent and friendly footing, and to facilitate commercial intercourse between their respective subjects, and having for that purpose resolved to enter into a Treaty of Peace, Amity, and Commerce, have named as their Pleni- potentiaries, that is to say :-
Her Majesty the Queen of Great Britain and Ireland, The Right Honourable the Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the Most Ancient and Most Noble Order of the Thistle :-
And His Majesty the Tycoon of Japan, Midzuo Tisikfogono Kami; Nagai Gembano Kami; Inouwye Sinano no Kami; Kori Oribeno Kami; Iwase Higono Kami; and Isuda Hanzabro.
Art. I.-There shall be perpetual peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, her heirs and successors, and His Majesty the Tycoon of Japan, and between their respective dominions and subjects.
Art. II.-Her Majesty the Queen of the United Kingdom of Great Britain and Ireland may appoint a Diplomatic Agent to reside at the city of Tokio, and Cousuls or Consular Agents to reside at any or all the ports of Japan which are opened for British commerce by this Treaty.
The Diplomatic Agent and Consul-General of Great Britain shall have the right to travel freely to any part of the Empire of Japan.
His Majesty the Tycoon of Japan may appoint a Diplomatic Agent to reside in London, and Consuls or Consular Agents at any or all the ports of Great Britain.
The Diplomatic Agent and Consul-General of Japan shall have the right to travel freely to any part of Great Britain.
Art. III.-The ports and towns of Hakodate, Kanagawa, and Nagasaki shall be opened to British subjects on the first of July, one thousand eight hundred and fifty-nine. In addition to which, the following ports and towns shall be opened to them at the dates hereinafter specified :-
Niigata, or, if Niigata be found to be unsuitable as a harbour, another convenient port on the west coast of Nipon, on the first day of January, one thousand eight hundred and sixty.
Hiogo on the first day of January, one thousand eight hundred and sixty-three. In all the foregoing ports and towns British subjects may permanently reside. They shall have the right to lease ground and purchase the buildings thereon, and
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TREATY BETWEEN GREAT BRITAIN AND JAPAN
may erect dwellings and warehouses; but no fortification, or place of military strength, shall be erected under pretence of building dwellings or warehouses; and to see that this Article is observed, the Japanese authorities shall have the right to inspect, from time to time, any buildings which are being erected, altered, or repaired.
The place which British subjects shall occupy for their buildings, and the harbour regulations, shall be arranged by the British Consul and the Japanese authorities of each place, and if they cannot agree the matter shall be referred to and settled by the British Diplomatic Agent and the Japanese Government. No wall, fence, or gate shall be erected by the Japanese around the place where British subjects reside, or anything done which may prevent a free egress or ingress to the same.
British subjects shall be free to go where they please, within the following limits, at the opened ports of Japan.
At Kanagawa to the River Loge (which empties into the Bay of Yedo, Kawasaki, and Sinogawa) and ten ri in any direction.
At Hakodate ten ri in any direction.
At Hiogo ten ri in any direction, that of Kioto excepted, which city shall not be approached nearer than ten ri. The crews of vessels resorting shall not cross the River Engawa, which empties into the Bay between Hiogo and Osaka.
The distance shall be measured by land from the goyoso, or town hall of each of the foregoing ports, ten ri being equal to four thousand two hundred and seventy-five yards English measure.
At Nagasaki British subjects may go into any part of the Imperial domain in its vicinity.
The boundaries of Niigata, or the place that may be substituted for it, shall be settled by the British Diplomatic Agent and the Government of Japan.
From the first day of January, one thousand eight hundred and sixty-two, British subjects shall be allowed to reside in the city of Yedo, and from the first day of January, one thousand eight hundred and sixty-three, in the city of Osaka, for the purposes of trade only. In each of these two cities a suitable place, within which they may hire houses, and the distance they may go, shall be arranged by the British Diplomatic Agent and the Government of Japan.
Art. IV. All questions in regard to rights whether of property or person arising between British subjects in the dominions of His Majesty the Tycoon of Japan shall be subject to the jurisdiction of the British authorities.
Art. V-Japanese subjects who may be guilty of any criminal act towards British subjects shall be arrested and punished by the Japanese authorities, according to the laws of Japan.
British subjects who may commit any crime against Japanese subjects, or the subjects or citizens of any other country, shall be tried and punished by the Consul or other public functionary authorized thereto, according to the laws of Great Britain.
Justice shall be equitably and impartially administered on both sides.
Art. VI.-A British subject having reason to complain of a Japanese must proceed to the Consulate and state his grievance.
The Consul will inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Japanese have reason to complain of a British subject, the Consul shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the Japanese authorities, that they may together examine into the merits of the case, and decide it equitably.
Art. VII.-Should any Japanese subject fail to discharge debts incurred to a British subject, or should he fraudulently abscond, the Japanese authorities will do their utmost to bring him to justice, and to enforce recovery of the debts; and should any British subject fraudulently abscond or fail to discharge debts incurred by him to a Japanese subject, the British authorities will, in like manner, do their utmost to bring him to justice and to enforce recovery of the debts.
Neither the British nor Japanese Government are to be held responsible for the payment of any debts contracted by British or Japanese subjects.
Bytes by
Original rom
TREATY BETWEEN GREAT BRITAIN AND JAPAN
135
Art. VIII.-The Japanese Government will place no restrictions whatever upon employment of Japanese, by British subjects, in any lawful capacity.
Art. IX.-British subjects in Japan shall be allowed free exercise of their religion, and for this purpose shall have the right to erect suitable plac s of worship.
Art. X.-All foreign coin shall be current in Japan, and snall pass for its corresponding weight in Japanese coin of the same description.
British and Japanese subjects may freely use foreign or Japanese coin in making payments to each other.
As some time will elapse before the Japanese will become acqquinted with the value of foreign coin, the Japanese Government will, for the period of one year after the opening of each port, furnish British subjects with Japanese coin in exchange for theirs, equal weights being given, and nn discount taken for recoinage.
Coins of all descriptions (with the exception of Japanese copper coin), as well as foreign gold and silver uncoined, may be exported from Japan.
Art. XI-Supplies for the use of the British navy may be landed at Kanagawa, Hakodate, and Nagasaki, and stored in warehouses, in the custody of an officer of the British Government, without the payment of any duty; if any such supplies are sold in Japan, the purchasers shall pay the proper duty to the Japanese authorities.
Art. XII.-If any British vessel be at any time wrecked or stranded on the coast of Japan, or be compelled to take refuge in any port within the dominious of the Tycoon of Japan, the Japanese authorities, on being apprised of the fact, shall immediately render all the assistance in their power; the persons on board shall receive friendly treatment, and be furnished, if necessary, with the means of conveyance to the nearest Consular station.
Art. XIII-Any British merchant vessel arriving off one of the open ports of Japan shall be at liberty to hire a pilot to take her into port. In like manner, after she has discharged all legal dues, and is ready to take her departure, she shall be allowed to hire a pilot to conduct her out of port.
Art. XIV. At each of the ports open to trade British subjects shall be at fully libesty to import from their own or any other ports, and sell there and purchase therein, and export to their own or any other ports, all manner of merchandize not contraband, paying the duties thereon as laid down in the Tariff annexed to the present Treaty, and no other charges whatsoever. With the exception of munitions of war, which shall only be sold to the Japanese Government and foreigners, they may freely buy from Japanese and sell to them any articles that either may have for sale, without the intervention of any Japanese officer in such purchase or sale, or in receiving payment for the same, and all classes of Japanese may purchase, sell, keep, or use any articles sold to them by British subjects.
Art. XV.-If the Japanese Custom House officers are dissatisfied with the value placed on any goods by the owner, they may place a value thereon, and offer to take the goods at that valuation. If the owner refuses to accept the offer, he shall pay duty on such valuation. If the offer be accepted by the owner, the purchase money shall be paid to him without delay, and without any abatement or discount.
Art. XVI.-All goods imported into Japan by British subjects, and which have paid the duty fixed by this Treaty, may be transported by the Japanese into any part of the Empire, without the payment of any tax, excise, or transit duty whatever.
Art. XVII.-British merchants who may have imported merchandize into any open port in Japan, and paid duty thereon, shall be entitled, on obtaining from the Japanese Custom House authorities a certificate stating that such payment has been made, to re-export the same, and land it in any other of the open ports, without the payment of any additional duty whatever.
Art. XVIII.-The Japanese authorities at each port will adopt the means that they may judge most proper for the prevention of fraud or smuggling.
Art. XIX.-All penalties enforced, or confiscations made under this Treaty, shall belong to, and be appropriated by, the Government of His Majesty the Tycoon of Japan. Art. XX.-The Articles for the regulation of trade, which are appended to this Treaty, shall be considered as forming part of the same, and shall be equally binding
Da bed by
136
TREATY BETWEEN GREAT BRITAIN AND JAPAN
on both the Contracting Parties to the Treaty, and on their subjects. The Diplomatic Agent of Great Britain in Japan, in conjunction with such person or persons as may be appointed for that purpose by the Japanese Government, shall have power to make such rules as may be required to carry into full and complete effect the provisions of this Treaty, and the provisions of the Articles regulating trade appended thereto.
Art. XXI. This treaty being written in the English, Japanese, and Dutch languages, and all the versions having the same meaning and intention, the Dutch version shall be considered the original; but it is understood that all official communications addressed by the Diplomatic and Consular agents of Her Majesty the Queen of Great Britain to the Japanese authorities shall henceforward be written in English. In order, however, to facilitate the transaction of business, they will, for a period of five years from the signature of this Treaty, be accompanied by a Dutch or Japanese version.
Art. XXII.-It is agreed that either of the High Contracting Parties to this Treaty, on giving one year's previous notice to the other, may demand a revision thereof on or after the first of July, one thousand eight hundred and seventy-two, with a view to the insertion therein of such amendments as experience shall prove to be desirable.
Art. XXIII.-It is hereby expressly stipulated that the British Government and its subjects will be allowed free and equal participation in all privileges, immunities, and advantages that may have been or may be hereafter granted by His Majesty the Tycoon of Japan to the Government or subjects of any other nation.
Art. XXIV.-The ratifications of this Treaty, under the hand of Her Majesty the Queen of Great Britain and Ireland, and under the name and seal of His Majesty the Tycoon of Japan, respectively, shall be exchanged at Yedo, within a year from this day of signature. In token whereof, the respective Plenipoteutiaries have signed and sealed this Treaty.
Done at Yedo, this twenty-sixth day of August, one thousand eight hundred and fifty-eight, corresponding to the Japanese date the eighteenth day of the seventh month of the fifth year of Ansel Tsusinon yemma.
ELGIN AND KINCARDINE.
MIDZO TSIKFOGONO KAMI.
NAGAI GEMBANO KAMI.
INOUWYE SINANO NO KAMI.
KORI ORIBENO KAMI. IWASE HIGONO KAMI.
ISUDA HAUZABRO.
CONVENTION BETWEEN GREAT BRITAIN, FRANCE, THE UNITED STATES OF AMERICA, AND HOLLAND, WITH JAPAN
SIGNED, IN THE ENGLISH, FRENCH, DUTCH, AND JAPANESE LANGUAGES, at Tokyo, 25TH JUNE, 1866
The Representatives of Great Britain, France, the United States of America, and Holland, having received from their respective Governments identical instruc- tions for the modification of the Tariff of Import and Export duties contained in the Trade Regulations annexed to the Treaties concluded by the aforesaid Powers with the Japanese Government in 1858, which modification is provided for by the Seventh of those Regulations:-
And the Japanese Government having given the said Representatives, during their visit to Osaka, in November, 1865, a written engagement to proceed imme- diately to the Revision of the Tariff in question, on the general basis of a duty of five per cent. on the value of all articles imported and exported :-
And the Government of Japan being desirous of affording a fresh proof of their wish to promote trade, and to cement the friendly relations which exist between their country and foreign nations:
His Excellency Midzuno Idsumi no Kami, a member of the Gorojin and a Minister of Foreign Affairs, has been furnished by the Government of Japan with the necessary powers to conclude with the Representatives of the above-named four Powers, that is to say:
Of Great Britain,
Sir Harry S. Parkes, Knight Commander of the Most Honourable Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary in Japan:
Of France,
Monsieur Leon Roches, Commander of the Imperial Order of the Legion of Honour, Minister Plenipotentiary of His Majesty the Emperor of the Frenchin Japan;
Of the United States of America,
A. L. C. Portman, Esquire, Chargé d'Affaires ad interim ; And of Holland,
Monsieur Dirk de Graeff van Polsbroek, Knight of the Order of the Netherlands Lion, Political Agent and Consul-General of His Majesty the King of the Netherlands;
The following Convention, comprising Twelve Articles.
Art. I.-The contracting parties declare in the names of their respective Govern- ments that they accept, and they hereby do formally accept, as binding upon the subjects of their respective Sovereigns, and the citizens of their respective countries, the Tariff hereby established annexed to the present convention.
The Tariff is substituted not only for the original Tariff attached to the Treaties concluded with the above-named four Powers, but also for the special Conventions and arrangements relative to the same Tariff, which have been entered into at different dates up to this time between the Governments of Great Britain, France, and the United States on the one side, and the Japanese Government on the other.
The New Tariff shall come into effect in the Port of Kanagawa (Yokohama) on the first day of July next, and in the ports of Nagasaki and Hakodate on the first day of the following month.
Art. II. The Tariff attached to this convention, being incorporated from the date of its signature in the Treaties concluded between Japan and the above-named four Powers, is subject to revision on the first day of July, 1872.
Two years, however, after the signing of the present convention, any of the contracting parties, on giving six months' notice to the others, may claim a re-adjust- ment of the duties on Tea and Silk, on the basis of five per cent. on the average value of these articles during the three years last preceding. On the demand also of any of the contracting parties, the duty on timber may be changed from an ad valorem to a specific rate six months after the signature of this convention.
DABAR BY
138
CONVENTION BETWEEN THE TREATY POWERS AND JAPAN
Art. III.-The permit fee hitherto levied under the Seventh Regulation attached to the above-named Treaties is hereby abolished. Permits for the landing or ship- ment of cargo will be required as formerly, but will hereafter be issued free of charge.
Art. IV.-On and from the first day of July next, at the Port of Kanagawa (Yokohama), and on and from the first day of October next, at the Ports of Nagasaki and Hakodate, the Japanese Government will be prepared to warehouse imported goods ou the application of the importer or owner without payment of duty. The Japanese Government will be responsible for the safe custody of the goods so long_as they remain in their charge, and will adopt all the precautions necessary to render them insurable against fire. When the importer or the owner wishes to remove the goods from the warehouses, he must pay the duties fixed by the Tariff, but if he should wish to re-export them, he may do so without payment of duty. Storage charges will iu either case be paid on delivery of the goods. The amount of these charges, together with the regulations necessary for the management of the said warehouses, will be established by the common consent of the contracting parties.
Art. V. All articles of Japanese production may be conveyed from any place in Japan to any of the Ports open to foreign trade, free of any tax or tran-it duty other than the usual tolls levied equally on all traffic for the maintenance of roads or navigation.
Art. VI.-In conformity with those articles of the Treaties concluded between Japan and Foreign Powers which stipulate for the circulation of foreign coin at its corresponding weight in native coin of the same description, dollars have hitherto been received at the Japanese Custom-House in payment of duties at their weight in Boos (commonly called Ichiboos), that is to say, a rate of three hundred and eleven Boos per hundred dollars. The Japanese Government being, however, desirous to alter this practice, and to abstain from all interference in the exchange of native for foreign coin, and being also anxious to meet the wants both of native and foreign commerce by securing an adequate issue of native coin, have already determined to enlarge the Japanese Mint, so as to admit of the Japanese Government exchanging into native coin of the same intrinsic value, less only the cost of coinage, at places named for this purpose, all foreign coin or bullion, in gold or silver, that may at any time be tendered to them by foreigners or Japanese. It being essential, however, to the execution of this measure, that the various Powers with whom Japan has concluded Treaties should first consent to modify the stipulations in those Treaties which relate to the currency, the Japanese Government will at once propose to these Powers the adoption of the necessary modification in the said stipulation, and on receiving their concurrence will be prepared from the first of January, 1868, to carry the above measure into effect.
The rate to be charged as the cost of coinage shall be determined hereafter by the common consent of the contracting parties.
Art. VII.-In order to put a stop to certain abuses and inconveniences complained of at the open Ports, relative to the transaction of business at the Custom-House, the landing and shipping of cargoes and the hiring of boats, coolies, servants, &c., the contracting parties have agreed that the Governor at each open port shall at once enter into negotiations with the foreign Consuls with a view to the establishment, by mutual consent, of such regulations as shall effectually put an end to those abuses and inconveniences, and afford all possible facility and security both to the operations of trade and to the transactions of individuals.
It is hereby stipulated that in order to protect merchandise from exposure to weather, these regulations shall include the covering in at each port of one or more of the landing places used by foreigners for landing or shipping cargo.
Art. VIII. Any Japanese subject shall be free to purchase, either in the open Ports of Japan or abroad, every description of sailing or stean vessel intended to carry either passengers or cargo; but ships-of-war may only be obtained under the authorization of the Japanese Government.
All foreign vessels purchased by Japanese subjects shall be registered as Japanese vessels on payment of a fixed duty of three Boos per ton for steamers, and one Boo
Debby
!
CONVENTION BETWEEN THE TREATY POWERS AND JAPAN
139
per ton for sailing vessels. The tonnage of each vessel shall be proved by the foreign register of the ship, which shall be exhibited through the Consul of the party interested, on the demand of the Japanese authorities, and shall be certified by the Consul as authentic.
Art. IX. In conformity with the Treaties concluded between Japan and the aforesaid Powers, and with the special arrangements made by the Envoys of the Japanese Government in their note to the British Government of the sixth of June, 1862, and in their note to the French Government of the sixth of October of the same year, all the restrictions on trade and intercourse between foreigners and Japanese, alluded to in the said notes, have been entirely removed, and proclamations to this effect have already been publsihed by the Government of Japan.
The latter, however, do not hesitate to declare that Japanese merchants and traders of all classes are at liberty to trade directly, and without the interference of Government officers, with foreign merchants, not only at the open ports of Japan, but also in all Foreign countries on being authorized to leave their country in the manner provided for in Article X. of the present convention, without being subject to higher taxation by the Japanese Government than that levied on the native trading classes of Japan in their ordinary transactions with each other.
And they further declare that all Daimios or persons in the employ of Daimios, are free to visit, on the same condition, any foreign country, as well as all the open ports of Japan, and to trade there with foreigners as they please, without the inter- ference of any Japanese officer, provided always they submit to the existing Police regulations and to the payment of the established duties.
Art. X.-All Japanese subjects may ship goods to and from any open Port in Japan, or to and from the Ports of any Foreign Powers, either in vessels owned by Japanese, or in the vessels of any nation having a Treaty with Japan. Furthermore, on being provided with passports through the proper Department of the Government in the manner specified in the Proclamation of the Japanese Government, dated the twenty-third day of May, 1866, all Japanese subjects may travel to any foreign country for purposes of study or trade. They may also accept employment in any capacity on board the vessels of any nation having a Treaty with Japan.
Japanese in the employ of foreigners may obtain Government passports to go abroad on application to the Governor of any open Port.
Art. XI.-The Government of Japan will provide all the Ports open to Foreign trade with such lights, buoys, or beacons as may be necessary to render secure the navigation of the approaches to the said Ports.
Art. XII.-The undersigned being of opinion that it is unnecessary that this Convention should be submitted to their respective Governments for ratification before it comes into operation, it will take effect on and from the first day of July, one thousand eight hundred and sixty-six.
Each of the Contracting Parties having obtained the approval of his Government to the Convention shall make known the same to the other, and the communication in writing of this approval shall take the place of a formal exchange of ratifications. In wituess whereof the above-named Plenipotentiaries have signed the present Convention, and have affixed thereto their seals.
Done at Tokyo, in the English, French Dutch, and Japanese languages, this twenty-fifth day of June, one thousand eight hundred and sixty-six.
[L.8.] HARRY S. PARKES,
Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary in Japan.
[L.S.] LEON ROCHES,
Ministre Plenipotentiare de S. M. L'Empereur des Francais au Japan.
[L.S.] A. L. C. PORTMAN,
Chargé d'Affaires a. i. of the United States in Japan.
[L.S.] D. DE GRAEFF VAN POLSBROEK,
Politiek Agent en Consul-General der Nederlanden in Japan.
[L.S.] MIDZUMO IDZUMI NO KAMI.
De been by
THE JAPANESE TARIFF
The following is the tariff in force in Japan under the Convention with Great Britain, France, the United States of America, and Holland concluded on the 25th June, 1866:-
IMPORT TARIFF
CLASS I.-Specific DUTIES
No.
1 Alum
2
Betel Nut
3 Brass Buttons
4 Candles...
ARTICLES
6 Canvas and Cotton Duck...
6 Cigars
7 Cloves and Mother Cloves
8
('ochineal
9 Cordage
10 Cotton, Baw
***
Cotton ManUFACTURES
:
:
:
11 Shirtings, Grey, White, and Twilled; White, Spotted, or Figured Drills, and Jeans; White Brocades, T-Cloths, Cambrics, Muslins, Lawns, Dimities, Quilting, Cottouets all the above Goods Dyed, Printed Cottons, Chintzes and Furnitures:-
A. not exceeding 34 inches wide
B.
C.
"
D. exceeding
PER 100 catties
Booa
CENTS
"J
gross 100 catties
10 yards catty 100 catties
21
#
000000000
15
44
22
25
25
25
1
"3
25
៩១
25
"
10 yards
40 48 46
"
"
19
1
"J
"
exceeding 81 inches and not exceeding 43 inches
"
12 Taffachelass, not exceeding 31 inches...
"
13 Fustians, as Colton Velveta, Velveteens, Satins, Satinote,
and Cotton Damasks, not exceeding 40 inches
14 Ginghams, not exceeding 31 inches...
16 Handkerchiefs...
"
18 Singlets aud Drawers
17 Table Cloths
43
18 Cotton Thread, plain or dyed, in reel or ball.....
19 Cotton Yarn, plain or dyed...
20 Cutch
21 Feathers (Ki gfisher, Peacock, &c.,
22 Flints
23 Gambier
24 Gamboge
26 Glass, Window
26 Glue
27 Gum Benjamin and Oil of Ditto
28
**
Dragons' Blood, Myrrh, Olibanum
29 Gypsum...
***
30 Hides, Buffalo and Cow ..
31 Horn, Buffalo and Deer
32
"3
Rhinoceros...
33 Hoofs 34 Indigo, liquid
dry
35
"
:
:
:
:
:
"
"1
dozen
esch
100 catties
100 catties
100 in No.
100 catties
"
*
box of 100
square feet
100 catties
"}
"
"
19
"
"
"
"
71
81
10
111
17
25
20
30
50
20
60
30
75
76
TOHER 2***g*g* *SANK 4 S$8"&"SAK*
-----Oo
OOOONB
75
1
60
12
45
76
35
OI003 o oa 14 (c) 14 14 10 ✪✪ ✪
141
47
+
48 Lead, Pig
49
11
Sheet
50 Spelter and Zinc ...
61 Steel
62 Tin
No.
JAPAN, TARIFF UNDER CONVENTION OF 1866
IMPORT TARIFF
36 Ivory-Elephant's Teeth, all qualities...
37 Paint-as Red, White, and Yellow Lead (Minium, Ceruse,
and Massicot)-and Paint Oils
88 Leather
39 Linen, all qualities
40 Mangrove bark
41 Matting, floor
**
•
***
...
•
METALS, &c.
12 Copper and Brass in Slabs, Sheets, Rods, Nails
13 Yellow Metal, Muntz's Metal She thing and Nails 41 Iron, Manufactured, as in Rods, Bars, Nails...
45
"
"
37
Pigs, Kentledge Wire
48
"
--
:
:
:
PBE 100 catties
59
10 yards
100 catties
roll of 40 yds
100 catties
"
13
B
"
:..
...
410
***
***
63
"J
Plates
...
:.
W
19
"
"
"
"
box of not ex-
:
64 Oil Cloth for flooring
55
"
or Leather Cloth for Furniture...
58 Pepper, Black and White
57 Putchuk
68 Quicksilver...
...
***
c'ding 80 cat. 10 yards
100 catties
+
69 Quinine...
"
"
catty
60 Rattans
61 Rhubarb
62 Salt Fish
63 Sandal Wood
64 Sapan Wood 65 Sea Horse Teeth 86 Narwhal or 67 Sharks' Fins
68 Souff
69 Soap, Bar
70 Stick Lac
***
•
"Unicorn" Teeth...
***
71 Sugar, Brown and Black
Candy and Loaf
72
White
**
73
"
74 Tobacco
75 Vermilion
...
...
་་
...
100 catties
"
"
"
#
:..
20
catty
100 catties
catty 100 catties
29
:
"
•
55
:
"
-ROOO
0200000-00" " OO-NO-OHOHONANOOHOODIA
Boos 15
CENTS
20
HHS-S
50
0
16
76
1
7
1
7
80
80
60
80
60
70
16
60
50
30
•8-Ata888-88**.*SoMo52 8 888-88_5888
45
0
75
40
60
0
50
30
60
75
40
75
80
*
19
10 yards
"
"
"
"
19
"
OOOOOooo
0
60
1
1
46
825kan.8
76
16
75
40
"
WOOLLEN MANUFACTURES
76 Broad, Habit, Medium, and Narrow Cloth:-
not exceeding 34 inches
exceeding
77 Spanish Stripes
56
"
...
55
33
78 Cassimeres, Flannel, Long Ells, and Serges
79 Bunting
80 Camlets, Dutch
81
English
...
...
82 Lastings, Crape Lastings, and Worsted Crapes, Merinos,
and all other Woollen Goods not classed under No. 78:- A. not exceeding 34 inches
B. exceeding 31
...
83 Woollen and Cotton Mixtures, as Imitation Camlets, Imita- tion Lastings, Orleans (plain and figured), Lustres (plain and figured), Alpacas, Baratheas, Damasks, Italian_Cloth, Taffachelaas, Tassel Cords, Cassandras, Woollen Fancies, Camlet Cords, and all other Cotton and Woollen Mixtures:- A. not exceeding 34 inches
B. exceeding 34
"
84 Blanket and Horse Cloths
86 Travelling Rug、, Plaids, and Shawls 88 Figured Woollen Table Cloths...
87 Woollen Singlets and Drawers
89
and Cotton Singlets and Drawers Yarn, plain and dyed
...
"
"
11
100 catties each
""
dozen
OO
"
100 catties
10
30
46
99999999
68-18268
30
45
60
50
75
142
JAPAN, TARIFF UNDER CONVENTION OF 1866
CLASS II.-DUTY FREE GOODS
All animals used for food or draught; Anchor and chain cables; Coal; Clothing, not being articles named in this Tariff; Gold and Silver, coined and uncoined; Grain, including rice, paddy, wheat, barley, oats, rye, peas, beans, millet, Indian corn; Flour and meal prepared from above; Oil cake; Packing matting; Printed books; Salt; Salted meats in casks; Saltpetre; Soider; Tar and pitch; Tea-firing pans and bas- kets; Tea Lead; Travelling Baggage.
CLASS III.-PROHIBITED GOODS
Opium.
CLASS IV.GOODS SUBJECT TO AN AD VALOREM DUTY OF FIVE PER CENT. ON ORIGINAL VALUE
Arms and munitions of war; Articles de Paris; Boots and shoes; Clocks, watches, and musical oxes; Coral; Cutlery; Drugs and medicines, such as ginseng, &c.; Dyes; European porcelain and earthenware; Furniture of all kinds, new and second-hand; Glass and crystal ware; Gold and silver lace and thread; Gums and spices not named in Tariff; Lamps; Looking glasses; Jewellery; Machinery and manufactures in iron or steel; Manufactures of all kinds in silk, silk and cotton, or silk and wool, as velvets, damasks, brocades, &c.; Paintings and engraving; Perfumery, scented soap; Plated ware; Skius and furs; Telescopes and scientific instruments; Timber; Wines, malt and spirituous liquors, table stores of all kinds.
AND ALL OTHER UNENUMERATED GOODS
NOTE.-According to the VIIIth Article of the Convention of Yedo, a duty will be charged on the sale of Foreign Vessels to Japan of 3 Boos per tov for Steamers and 1 Boo per ton for Sailing Vessels.
EXPORT TARIFF
CLASS I.-SPECIFIC DUTIES
No.
ARTICLE
1 Awabi
2 Awabi Shells
8 Camphor
4 China Root (Burrio)
6 Cassia
6 Cassia Buds
7 Coal...
8 Cotton (Raw) ...
• Coir
***
10 Fish, dried or salted, Salmon and Cod
11 Fish, Cuttle
12 Gallnuts
13 Chinang or Icio
14 Hemp
15 Roney
16 Horns, Deers', Old
17 Irico or Beche de Mer
18 Iron, Japanese
19 Isinglass
20 Lead
22 Oil, Fish
:
21 Mushrooms, all qualities
23 do., Seed
24 Paper, Writing
25 Paper, Inferior
***
26 Peas, Bea s, and Pulse of all kinds
27 Perny Bark (Botanpi)
28 Potatoes
29 Rags
30 Saké or Japanese Wine or Spirits...
***
***
***
.
新
...
***
***
:
:
:
PER 100 catties
Boos
3
CENTS
08
"
1
80
13
"
:
29
"
??
"
55
"
"
"
1
"
0
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:
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90
"
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"
8
99
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JAPAN, TARIFF UNDER CONVENTION OF 1866
EXPORT TARIFF
...
No.
31 Seaweed, Uncut
32 Seaweed, Cut
33 Seeds, Rape
34 Seeds, Sesamum
35 Sharks' Fins
ARTICLE
36 Shrimps and Prawns, Dried Salt
37 Silk-Raw and Thrown...
38 Tama or Dupioni
39 Noshi or Skin Silk
10 Floss Silk
41 Cocoons, Pierced
42 Cocoons, Unpierced
...
43 Waste Silk and Waste Cocoons...
44 Silkworma' Eggs
45 Soy...
46 Sulphur
47 Tea...
48 Tea, quality known as
ported from Nagasaki only)
49 Tubacco, Leaf
50 Tobacco, cut or prepared
51 Vermicelli
62 Wax, Vegetable
53 Wax, Bees'...
...
:
:
143
PER 100 catties
Boos
CENTS
"
21
"
21
"
"
Sheet 100 catties
"
-DOOHHO7O~a~osco
20
60
45
1
1
76
20
00
"
19
20
00
"
20
00
2
25
46
50
"
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OOHU12
76
75
50
45
50
50
TIABAN SE6GR888888888688
80
80
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29
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:
CLASS II.-DUTY FREE GOODS
Gold and silver, coined, silver and copper uncoined, of Japanese produc- tion, to be sold only by the Japanese Government at Public Auction.
CLASS III.-PROHIBITED GOODS
Rice, paldy, wheat, barley; Flours made from the above; Saltpetre.
CLASS IV. GOODS SUBJECT TO AN AD VALOREM DUTY OF FIVE
PER CENT. TO BE CALCULATED ON THEIR MARKET VALUE Bamboo ware; Copper utensils of all kinds; Charcoal; Ginseng and unenume- rated drugs; Horns, deer, young or soft; Mats and mattings; Silk dresses, manufac- tures or embroideries; Timber.
AND ALL OTHER UNENUMERATED GOODS
RULES
RULE I-Unenumerated Imports if mentioned in the Export list shall not pay Duty under that list, but shall be passed ad valorem; and the same rule shall apply to any unenumerated Exports that may be named in the Import list. RULE II.-Foreigners resident in Japan, and the crews or passengers of foreign ships, shall be allowed to purchase such supplies of the grain or flour named in the list of Exports as they may require for their own consumptiou, but the usual shipping permit must be obtained from the Custom House before any of the aforesaid grain or flour can be shipped to a foreign vessel. RULE III. The catty mentioned in this Tariff is equal to one pound and a third English avoirdupois weight. The yard is the English measure of three feet, the English foot being one-eighth of an inch longer than the Japanese kaneshaku. The Boo is a silver coin weighing not less than 134 grains troy weight, and containing not less than nine parts of pure silver, and not more than one of alloy. The cent is the one-hurdredth part of the Boo.
1 ||
"Googl
UNITED STATES OF AMERICA
EXTRADITION TREATY BETWEEN THE UNITED STATES
OF AMERICA AND JAPAN
SIGNED AT TOKYO, ON THE 29TH APRIL, 1886
Ratified at Tokyo, on the 27th September, 1886
His Majesty the Emperor of Japan and the President of the United States of America having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within the two countries and their jurisdictions, that persons charged with or convicted of the crimes or offences hereinafter named, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, they have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say:
His Majesty the Emperor of Japan, Count Inouye Kaoru, Jiusammi, His Imperial Majesty's Minister of State for Foreign Affairs, First Class of the order of the Rising Sun, &c., &c., &c, and the President of the United States of America, Richard B. Hubqard, their Envoy Extraordinary and Minister Plenipotentiary near His Imperial Majesty the Emperor of Japan, who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles:
Art. I.-The High Contracting Parties engage to deliver up to each other, under the circumstances and couditions stated in the present Treaty, all persons who, being accused or convicted of one of the crimes or offences named below in Article II. and committed within the jurisdiction of the one party, shall be found within the jurisdic- tion of the other party.
Art. II.-1.-Murder and assault with intent to commit murder.
2.-Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money, counterfeiting certificates or coupons of public indebted- ness, bank notes, or other instruments of public credit of either of the parties, and the utterance or circulation of the same.
3.-Forgery, or altering, and uttering what is forged or altered.
4.-Embezzlement or criminal malversation of the public funds committed within the jurisdiction of either party, by the public officers or depositaries.
5.-Robbery.
6.-Burglary, defined to be the breaking and entering by night-time into the house of another person with the intent to commit a felony therein; and the act of breaking and entering the house of another, whether in the day or night time, with the intent to commit a felony therein.
7.-The act of entering, or of breaking and entering, the offices of the Govern- ment and public authorities, or the offices of banks, banking-houses, savings-banks, trust companies, insurance or other companies, with the intent to commit a felony therein.
8.-Perjury or the subornation of perjury. 9.-Rape.
10.-Arson.
11.-Piracy by the law of nations.
Bytes by
145
EXTRADITION TREATY BETWEEN THE UNITED STATES AND JAPAN
12.-Murder, assault with intent to kill, and manslaughter committed on the high seas, on board a ship bearing the flag of the demanding country.
13.-Malicious destruction of, or attempt to destroy, railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life.
Art. III.-If the person demanded be held for trial in the country on which the demand is made, it shall be optional with the latter to grant extradition or to proceed with the trial: Provided that, unless the trial shall be for the crime for which the fugitive is claimed, the delay shall not prevent ultimate extradition.
Art. IV.-If it be made to appear that extradition is sought with a view to try or punish the person demanded for an offence of a political character, surrender shall not take place, nor shall any person surrendered be tried or punished for any political offence committed previously to his extradition, or for any offence other than that in respect of which the extradition is granted.
Art. V. The requisition for extradition shall be made through the diplomatic agents of the contracting parties, or in the event of the absence of these from the country or its seat of Government, by superior consular officers.
If the person whose extradition is requested shall have been convicted of a crime, a copy of the sentence of the Court in which he was convicted, authenticated under its seal, and an attestation of the official character of the judge by the proper executive authority, and of the latter by the Minister or Consul of Japan or of the United States, as the case may be, shall accompany the requisition.
When the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country making the demand and of depositions on which such warrant may have been issued, must accompany the requisition.
The fugitive shall be surrendered only on such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime had been there committed.
Art. VI.-On being informed by telegraph, or other written communication, through the diplomatic channel that a lawful warrant has been issued by competent authority upon probable cause, for the arrest of a fugitive criminal charged with any of the crimes enumerated in Article II. of this Treaty, and on being assured from the same source that a request for the surrender of such criminal is about to be made in accordance with the provisions of this Treaty, each Government will endeavour to procure, so far as it lawfully may, the provisional arrest of such criminal, and keep him in safe custody for a reasonable time, not exceeding two months, to await the production of the documents upor. which claim for extradition is founded.
the
Art VII.-Neither of the contracting parties shall be bound to deliver up its own subjects or citizens under the stipulations of this convention, but they shall have
power to deliver them up if in their discretion it be deemed proper to do so. Art. VIII.-The expenses of the arrest, detention, examination, and transporta- tion of the accused shall be paid by the Government which has requested the extradi-
tion.
Art. IX. The present treaty shall come into force sixty days after the exchange of the ratifications thereof. It may be terminated by either of them, but shall remain in force for six months after notice has been given of its termination.
The treaty shall be ratified, and the ratifications shall be exchanged at Washington as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the present Treaty
in duplicate and have thereunto affixed their seals.
Done at the city of Tokyo, the twenty-ninth day of the fourth month of the nineteenth year of Meiji, corresponding to the twenty-ninth day of April in the eighteen hundred and eighty-sixth year of the Christian era.
Dabes by
(Signed)
L.8.
[L.S.]
INOUYE KAORU. RICHARD B. HUBBARD.
10
MEXICO
TREATY BETWEEN JAPAN AND MEXICO
SIGNED AT WASHINGTON ON THE 30TH NOVEMBER, 1888
Ratified by the Emperor of Japan, at Tokyo, 17th July, 1889
His Majesty the Emperor of Japan and the President of the United Mexican States, being equally animated by a desire to establish upon a firm and lasting foundation relations of friendship and commerce between their respective States and subjects and citizens, have resolved to conclude a Treaty of Amity and Commerce, and have for that purpose named their respective Plenipotentiaries, that is to say:-
His Majesty the Emperor of Japan, Jushii Munemitsu Mutsu, of the Order of the Rising Sun and the Third Class of Merit, and His Envoy Extraordinary and Minister Plenipotentiary near the Government of the United States of America; and the President of the United Mexican States, Matias Romero, Eavoy Extraordinary and Minister Plenipotentiary of the United Mexican States in Washington, who, having communicated to each other their respective Full Powers, and found them in good and due form, have agreed upon the following Articles:-
Art. I.-There shall be firm and perpetual peace and amity between the Empire of Japan and the United 'Mexican States and their respective subjects and citizens.
Art. II. His Majesty the Emperor of Japan may, if he see fit, accredit a Diplomatic Agent to the Government of the United Mexican States; and ir like manner, the Government of the United Mexican States may, if it thir.ks proper, accredit a Diplomatic Agent to the Court of Tokyo; and each of the Contracting Parties shall have the right to appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents, for the convenience of trade, to reside in all the ports and places within the Territories of the other con'racting Party where similar Consular officers of the most favoured nation are permitted to reside; but before any Consul-General, Consul, Vice-Consul or Consular Agent shall act as such, be shall, in the usual form, be approved and admitted by the Government to which he is sent.
The Diplomatic and Consular officers of each of the two Contracting Parties shall, subject to the stipulations of this Treaty, enjoy in the Territories of the other whatever rights, privileges, exemptions, and immunities are or shall be granted there to Officers of corresponding rank belonging to the most favoured nation.
Art. III.-There shall be between the Territories and Possessions of the two Contracting Parties reciprocal freedom of Commerce and Navigation. The subjects and citizens respectively of each of the Contracting Parties shall have the right to come freely and securely with their ships and cargoes to all places and ports in the Territories and Possessions of the other where subjects or citizens of the most favoured nation are permitted so to come; they may remain and reside at all the places or ports where subjects or citizens of the most favoured nation are permitted to remain and reside, and they may there hire and occupy houses and warehouses and may there trade by wholesale or retail in all kinds of products, manufactures and merchandise of lawful commerce.
Art. IV. His Majesty the Emperor of Japan, in consideration of the several stipulations contained in this Treaty, hereby grants to Mexican citizens resorting to Japan, apart from and in addition to the privileges extended to such citizens by the last preceding Article of this Treaty, the privilege of coming, remaining, and residing in all parts of His Territories and Possessions; of there hiring and occupying houses, and warehouses, of there trading, by wholesale or retail, in all kinds of products,
TREATY BETWEEN JAPAN AND MEXICO
147
manufactures, and merchandise of lawful commerce; and, finally, of there engaging in and pursuing all other lawful occupations.
Art. V. The two Contracting Parties hereby agree that any favour, privilege, or immunity whatever in matters relating to commerce, navigation, travel through or residence in their Territories or Possessions, which either Contracting Party has actually granted, or may hereafter grant to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other Contracting Party gratuitonsly, if the concession in favour of that other State shall have been gratuitous; and on the same, or equivalent conditions, if the concession shall have been con- ditional.
Art. VI. No other or higher duties or charges on account of tonnage, light or harbour dues, pilotage, quarantine, salvage in case of damage, or any other local charges, shall be imposed in any of the ports of Japan on vessels of the United Mexican States, or in any of the ports of the United Mexican States on vessels of Japan, than are or may hereafter be payable in like cases in the same ports on vessels of the most favoured nation.
Art. VII.-No other or higher duties shall be imposed on the importation into Japan of any article the growth, product, or manufacture of the United Mexican States, and reciprocally no other or higher duties shall be imposed on the importa- tion into the United Mexican States, of any article the growth, product, or manu- facture of Japan, than are or shall be payable on the importation of the like article, being the growth, product, or manufacture of any other foreign country, nor shall any other or higher duties or charges be imposed in the Territories or Possessions of either of the two Contracting Parties on the exportation of any article to the Terri- tories or Possessions of the other, than such as are or may be payable on the expor- tation of the like article to any other foreign country. No prohibition shall be im- posed on the importation of any article the growth, product, or manufacture of the Territories of either of the Contracting Parties into the Territories or Possessions of the other, which shall not equally extend to the like article, being the growth, pro- duct, or inanuiacture of any other country. Nor shall any prohibition be imposed on the exportation of any article from the Territories of either of the Contracting Parties to the Territories or Possessions of the other, which shall not equally extend to the exportation of the like article to the Territories of all other nations.
Art. VIII.-Citizens of the United Mexican States, as well as Mexican vessels resorting to Japan, or to territorial waters thereof, shall, so long as they there remain, be subject to the laws of Japan and to the jurisdiction of His Imperial Majesty's Courts; and, in the same manner, His Imperial Majesty's subjects and Japanese Vessels resorting to Mexico and to the territorial waters of Mexico shall be subject to the laws and jurisdiction of Mexico.
Art. IX. The present Treaty shall go into operation immediately after the ex- change of ratifications, and shall continue in force until the expiration of six months after either of the Contracting Parties shall have given notice to the other of its in- tention to terminate the same, and no longer.
Art. X.-The present Treaty shall be signed in duplicate in each of the Japanese, Spanish, and English languages, and in case there should be found any discrepancy between the Japanese and Spanish texts, it will be decided in conformity with the English text, which is binding upon both Governments.
Art. XI. The present Treaty shll be ratified by the two Contracting Parties, and the ratifications shall be exchanged at Washington as soon as possible.
In witness whereof the respective Plenipotentiaries have signed this Treaty, and hereunto affixed their respective seals.
Done in sextuplicate at Washington this 30th day of the 11th month of the 21st year of Meiji, corresponding to the 30th day of November of the year one thousand eight hundred aud eighty-eight.
MUNEMITSU MUTSU.
(Signed)
M. ROMERO.
DABAR BY
10*
TREATIES WITH SIA M
GREAT BRITAIN
TREATY OF FRIENDSHIP AND COMMERCE BETWEEN HER MAJESTY THE QUEEN OF THE UNITED KINGDOM AND THE KINGS OF SIAM
Ratifications Exchanged at Bangkok, 15th April, 1856
Art. I.-There shall henceforward be perpetual peace and friendship between Her Majesty and her successors, and Their Majesties the Kings of Siam and their successors. All British subjects coming to Šiam shall receive from the Siamese Government full protection and assistance to enable them to reside in Siam in all security, and trade with every facility, free trom oppression or injury on the part of the Siamese, and all Siamese subjects going to an English country shall receive from the British Government the same complete protection and assistance that shall be granted to British subjects by the Government of Siam.
Art. II.-The interests of all British subjects coming to Siam shall be placed under the regulation and control of a Consul, who will be appointed to reside at Bangkok : he will himself conform to, and will enforce the observance by British subjects of all the provisions of this treaty, and such portions of the former treaty negotiated by Cap- tain Burney, in 1826, as shall still remain in operation. He shall also give effect to all rules or regulations that are now or may hereafter be enacted for the government of British subjects in Siam, and conduct of their trade, and for the prevention of viola- tions of the laws of Siam. Any disputes arising betweeu British and Siamese subjects shall be heard and determined by the Consul, in conjunction with the proper Siamese officers; and criminal offences will be punished, in the case of English offenders, by their own laws, through the Siamese authorities. But the Consul shall not interfere in any matters referring solely to Siamese, neither will the Siamese authorities interfere in questions which only concern the subjects of Her Britannic Majesty.
It is understood, however, that the arrival of the British Consul at Bangkok shall not take place before the ratification of this treaty, nor until ten vessels owned by British subjects sailing under British colours and with British papers shall have entered the port of Bangkok for the purposes of trade, subsequent to the signing of this treaty.
Art. III.-If Siamese in the employ of British subjects offend against the law of their country, or if any Siamese having so offended, or desiring to desert, take refuge with a British subject in Siam, they shall be searched for, and upon proof of their guilt or desertion, shall be delivered up by the Consul to the Siamese authorities. In like manner any British offenders resident or trading in Siam, who may desert, escape to, or hide themselves in Siamese territory, shall be apprehended and delivered over to the British Consul on his requisition. Chinese not able to prove themselves to be British subjects, shall not be considered as such by the British Consul, nor be entitled to his protection.
Dames by
TREATY BETWEEN GREAT BRITAIN AND SIAM
149
Art. IV.-British subjects are permitted to trade freely in all the seaports of Siam, but may reside permanently only at Bangkok, or within the limits assigned by this Treaty. British subjects coming to reside at Bangkok may rent land, buy or build houses, but cannot purchase land within a circuit of 200 sen (not more than 4 miles English) from the city walls, until they shall have lived in Siam for ten years, or shall obtain special authority from the Siamese Government to enable them to do so. But with the exception of this limitation, British residents in Siam may at any time buy or rent houses, lands, or plantations, situated anywhere within a distance of twenty-four bours' journey from the city of Bangkok, to be computed by the rate at which boats of the country can travel. In order to obtain possession of such land or houses, it will be necessary that the British subject shall, in the first place, make application through the Consul to the proper Siamese officers; and the Consul having satisfied himself of the honest intention of the applicant, will assist him in settling, upon equitable terms, the amount of the purchase money, will mark out and fix the boundaries of the property, and will convey the same to the British purchaser under sealed deeds. Whereupon he and his property shall be placed under the protection of the Governor of the district and that of the particular local authorities; he shall conform, in ordinary matters, to any just directions given him by them, and will be subject to the same taxation that is levied on Siamese subjects. But if through negligence and want of capital or other cause, a British subject should fail to commence the cultivation or improvement of the land so acquired within a term of three years from the date of receiving possession thereof, the Siamese Government shall have the power of resuming the property, upon returning to the British subject the purchase-money paid by him for the same.
Art. V.-All British subjects intending to reside in Siam shall be registered at the British Consulate. They shall not go out to sea, nor proceed beyond the limits assigned by this treaty for the residence of British subjects, without a passport from the Siamese authorities, to be applied for by the British Consul; nor shall they leave Siam, if the Siamese authorities show to the British Consul that legitimate objections exist to their quitting the country. But within the limits appointed under the preceding article, British subjects are at liberty to travel to and fro under protection of a pass, to be furnished them by the British Consul and counter-sealed by the proper Siamese officer, stating, in the Siamese character, their names, calling, and description. The Siamese officers of the Government stations in the interior may, at any time, call for the production of this pass, and immediately on its being exhibited, they must allow the parties to proceed; but it will be their duty to detain those persons who, by travelling without a pass from the Consul, render themselves liable to the suspicion of their being deserters; and such detention shall be immediately reported to the Consul.
Art. VI.-All British subjects visiting or residing in Siam shall be allowed the free exercise of the Christian religion and liberty to build churches in such localities as shall be consented to by the Siamese authorities. The Siamese Government will place no restriction upon the employment by the English of Siamese subjects as servants, or in any other capacity. But whenever a Siamese subject belongs to or owes service to some particular master, the servant who engages himself to a British subject without the consent of his master may be reclaimed by him; and the Siamese Government will not enforce an agreement between a British subject and any Siamese in his employ, unless made with the knowledge and consent of the master who has a right to dispose of the services of the person engaged.
Art. VIL-British ships of war may enter the river and anchor at Paknam, but they shall not proceed above Paknam, unless with the consent of the Siamese authorities, which shall be given when it is necessary that a ship shall go into dock for repairs. Any British ship of war conveying to Siam a public functionary accredited by Her Majesty's Government to the Court of Bangkok shall be allowed to come up to Bangkok, but shall not pass the forts called Pong Phrachamit and Pit-patch-nuck, unless expressly permitted to do so by the Siamese Government; but in the absence of a British ship of war, the Siamese authorities engage to furnish the Consul with a force sufficient to enable him to give effect to his authority over British subjects, and to enforce discipline among British shipping.
Dave By
150
TREATY BETWEEN GREAT BRITAIN AND SIAM
Art. VIII.-The measurement duty hitherto paid by British vessels trading to Bangkok under the Treaty of 1826 shall be abolished from the date of this Treaty coming into operation, and British shipping and trade will henceforth be only subject to the payment of import and export duties on the goods landed or shipped. On all articles of import the duties shall be three per cent., payable at the option of the importer, either in kind or money, calculated upon the market value of the goods. Drawback of the full amount of duty shall be allowed upon goods found unsaleable and re-export d. Should the British merchant and the Custom-house officers dis- agree as to the value to be set upon imported articles, such disputes shall be referred to the Consul and proper Siamese officer, who shall each have tue power to call in an equal number of merchants as assessors, not exceeding two on either side, to assist them in coming to an equitable decision.
Opium may be imported free of duty, but can only be sold to the opium farmer or his agents. In the event of no arrangement being effected with them for the sale of the opium, it shall be re-exported, and no impost or duty shall be levied thereon. Any infringement of this regulation shall subject the opium to seizure and confisca
tion.
Articles of export from the time of production to the date of shipment shall pay one import duty, whether this be levied under the name of inland tax, transit duty, or duty on exportation. The tax or duty to be paid on each article of Siamese produce previous to or upon exportation is specified in the tariff attached to this Treaty; and it is distinctly agreed that goods or produce which pay any description of tax in the interior shall be exempted from any further payment of the duty on exportation.
English merchants are to be allowed to purchase directly from the producer the articles in which they trade, aud in like manner to sell their goods directly to the parties wishing to purchase the same, without the interference, in either case, of any other person.
The rates of duty laid down in the tariff attached to this Treaty are those that are now paid upon goods or produce shipped in Siamese or Chinese vessels or junks; and it is agreed that British shipping shall enjoy all the privileges now exercised by, or which hereafter may be granted to, Siamese or Chinese vessels or junks.
British subjects will be allowed to build ships in Siam, on obtaining permission to do so from the Siamese authorities.
Whenever a scarcity may be apprehended of salt, rice, or fish, the Siamese Government reserve to themselves the right of prohibiting, by public proclamation, the exportation of these articles.
Bullion or personal effects may be imported free of charge.
Art. IX. The code of regulations appended to this Treaty shall be enforced by the Consul, with the co-operation of the Siamese authorities; and they, the said authorities and Consul, shall be enabled to introduce any further regulations which may be necessary in order to give effect to the objects of this Treaty.
All fines and penalties inflicted for infraction of the provisions and regulations
of this Treaty shall be paid to the Siamese Government.
Until the British Consul shall arrive at Bangkok, and enter upon his functions, the consignees of British vessels shall be at liberty to settle with the Siamese authorities all questions relating to their trade.
Art. X.-The British Government and its subjects will be allowed free and equal participation in any privileges that may have been, or may hereafter be, granted by the Siamese Government to the government or subject of any other nation.
Art. XI.-After the lapse of ten years from the date of the ratification of this Treaty, upon the desire of either the British or Siamese Government, and on twelve months' notice being given by either party, the present and such portions of the Treaty of 1826 as remain unrevoked by this Treaty, together with the Tariff and the Regulations hereunto annexed, or those that may hereafter be introduced, shall be subject to revision by Commissioners appointed on both sides for this purpose, who will be empowered to decide on and insert therein such amendments as experience shall rove to be desirable.
Bytes by
GENERAL REGULATIONS UNDER WHICH BRITISH TRADE
IS TO BE CONDUCTED IN SIAM
Art. I. The master of any English ship coming to Bangkok to trade must, either before or after entering the river, as may be found convenient, report the arrival of his vessel at the Custom-house at Paknam, together with the number of his crew and guns, and the port from whence he comes. Upon anchoring his vessel at Paknam, he will deliver into the custody of the Custom-house officers all his guns and ammunition; and a Custom-house officer will then be appointed to the vessel, and will proceed in her to Bangkok.
Art. II.-A vessel passing Paknam without discharging her guns and ammuni- tion as directed in the foregoing regulation will be sent back to Paknam to comply with its provisions, and will be fined eight hundred ticals for having so disobeyed. After delivery of her guns and ammunition she will be permitted to return to Bangkok to trade.
Art. III-When a British vessel shall have cast anchor at Bangkok, the master, unless a Sunday should intervene, will within four and twenty hours after arrival proceed to the British Consulate, and deposit there his ship's papers, bills of lading, &c., together with a true manifest of his import cargo; and upon the Consul's reporting these particulars to the Custom-house, permission to break bulk will at once be given by the latter.
For neglecting so to report his arrival or for presenting a false manifest, the master will subject himself, in each instance, to a penalty of four hundred ticals; but he will be allowed to correct, within twenty-four hours after delivery of it to the Consul, any mistake he may discover in his manifest, without incurring the above- mentioned penalty.
Art. IV.-A British vessel breaking bulk, and commencing to discharge, before due permission shall be obtained, or smuggling, either when in the river or outside the bar, shall be subject to the penalty of eight hundred ticals and confiscation of the goods so smuggled or discharged.
Art. V.-As soon as a British vessel shall have discharged her cargo, and completed her outward lading, paid all her duties and delivered a true manifest of her outward cargo to the British Consul, a Siamese port-clearance shall be granted her on application from the Consul, who in the absence of any legal impediment to her departure, will then return to the master his ship's papers, and allow the vessel to leave. A Custom-house officer will accompany the vessel to Paknam; and on arriving there she will be inspected by the Custom-house officers of that station, and will receive from them the guns and ammunition previously delivered into their charge. The above regulations, numbered from 1 to 5, are obligatory under the treaty concluded between Great Britain and Siam; those which follow, numbered from 6 to 14, are equally to be observed by masters of British vessels and their crews. Art. VI. -Masters of British vessels, when reporting their arrival at Her Majesty's Consulate at the port of Bangkok, as directed by the fourth regulation above quoted, shall notify in writing the names of all passengers and persons not forming part of the registered crew.
Notice must likewise be given of the number and names of persons, who, as passengers or in any other capacity (seamen borne on the muster-roll excepted), in- tend to leave Siam in a British vessel.
Art. VII.-Seamen, lascars, and others belonging to British vessels in the port are strictly prohibited to wear side knives and other weapons while on shore.
Art. VIII.-Should any seaman or apprentice absent himself without leave, the master will report his absence, if such exceeds twenty-four hours, at the Consulate
offices.
Art. IX.-Any British subject who entices a seaman or apprentice to desert, incurs, according to the Merchant Shipping Act, 1854, paragraph 257, a penalty not exceeding ten pounds; or any such subject who wilfully harbours or secretes a person deserted from his ship incurs a penalty not exceeding twenty pounds, if it be proved that he had knowledge of his being a deserter.
De bed by
152
TARIFF OF DUTIES-SIAM
In default of the payment of such fines, the offender is to be imprisoned in the Consular gaol for any term not exceeding three months, with or without hard labour,
Art. X.-All cases of death, and especially of sudden death, occurring on board of British vessels in the port of Bangkok must be immediately reported at the Consulate.
Art. XI.-The discharge of guns from vessels anchored in the port of Bangkok, without notice having been previously given, and permission obtained through H.M. Consul from the proper Siamese authority, is forbidden, under a penalty not exceed- ing ten pounds.
Act. XII.-It is strictly prohibited to shoot birds within the precincts of the Wats or Temples, either in Bangkok or elsewhere within the Siamese dominions, or to injure or damage any of the statues or figures, the trees or shrubs in such localities of Siamese worship; any British subject or seaman of a British vessel guilty of such an act renders himself liable to a penalty not exceeding twenty pounds, or in default thereof to an imprisonment in the Consular gaol for a period of not more than one month.
Art. XIII.-When a vessel under the British flag is ready to leave the port of Bangkok, the master will give notice at the Consulate office, and boist a blue peter twenty-four hours before departure, which is to fly until she breaks anchorage.
Art. XIV. Should any vessel take in or discharge cargo subsequent to the issue of the Siamese port clearance, as directed by the fifth regulation above quoted, the master, as in a case of smuggling, subjects himself to a penalty of 600 ticals (equal to £100), and goods so taken or discharged will be liable to confiscation.
Art. XV.-Every fine or penalty levied under these regulations is (if not paid in sterling money) at the rate of eight ticals Siamese currency for one pound.
Tariff of Export and Inland Duties to be levied on Articles of Trade. I. The undermentioned Articles shall be entirely free from Inland or other taxes, on production of transit pass, and shall pay Export Duty as follows:-
1 Ivory
2 Gamboge
3 Rhinoceros' horna
4 Cardamons, best...
6 Cardamona, bastard
6 Dried mussels
7 Pelicans' quills
8
Betel nut, dried
9 Krachi wood....
10 Sharks' fins, white......
11 Sharks' fins, black...........
12 Lakkrabau seed
13
Peacocks' tails
14 Buffalo and cow bones
16 Rhinoceros' hides
16 Hide cuttings
17 Turtle shell
18 Soft ditto
19 Beche-de-mer
TICAL
SALUNG FUANG
HUN
10
0 per picul
8
20
50
14
10
1
1
3
20 per cent
DOOON.NOONOON-OO00.
30
per 100 tails
per picul
"
"
**
20 Fish maws
21 Birds' nests, uncleaned
23 Cutch.....
22 Kingfishers' feathers.......
24 Beyche seed (Nax Vomica)
25 Pungtarai seed
20 Gum Benjamin
27 Angrai bark
28 Agilla wood
2
.........
per 100
per pionl
11
19
"
"
梦画
0
per 100 hides
per picul
*
"
29 Ray skine
30 Old deers' horns
31 Soft, or young ditto
32 Deer hides, fine
33 Deer hides, common
34 Deer sinews
25 Buffalo and cow hides
10 per cent
0
3
4
DOOO
TARIFF OF DUTIES-SIAM
TICAL
SALUNG FUANG HUN
36 Elephants' bones
1
per picul
37 Tigers' bones 33
Buffalo horns
39 E ephants' hides.
40 Tigers' skin
41
Armadillo skins
42 Sticklao
43 Hem:)
44 Dried Fish, Plaheng
45 Dried Fish, Plusalit
46 Sapanwood
47 Salt meat
48 Mangrove bark
49 Rosewood
60 Ebony.
1
1
1
1
1
1
no
per skin
per picul
31
"
13
"
153
51 Rice
0 per koyan
II.-The undermentioned Articles being subject to the Inland or Transit duties berein named, and which shall not be increased, shall be exempt from export duty.
32 Sugar, White
58 Sugar, Bed
54 Cotton, clean and uncleaned
55 Paper
66 Salt fish, Plat
37 Beans aud Peas
68 Dried Prawns
59 Tilseed
60 Silk, raw
61 Bees' wax
62 Tawool
63 Salt.
64 Tobacco
TICAL SALUNG Fuang
0
2
1
10 per cent
1
0
1
one twelfth
one twelfth
one twelfth
one twelfth
one fifteenth
1
6
1
0
HUN
per picul
"
0
0 p. 1,000 fish
per picul
0 per koyan 0 p. 1,000 bdles
III. -All goods or produce unenumerated in this Tariff shall be free of Export Duty, and shall only be subject to one Inland Tax or Transit Duty, not exceeding the rate now paid.
Preamble.
6 and 7 Vict. c, 80,
6 and 7 Viot. 0. 94.
ORDERS IN COUNCIL
ORDER OF HER MAJESTY THE QUEEN IN COUNCIL, FOR THE GOVERNMENT OF HER MAJESTY'S
SUBJECTS IN CHINA AND JAPAN.
AT THE COURT AT WINDSOR, THE 9TH DAY OF March, 1865.
PRESENT:
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS an Act of Parliament was passed in the Session of the sixth and seventh years of Her Majesty's reign (chapter eighty) "for the better government of Her Majesty's subjects resorting to China":
And whereas, by the Act it was enacted (among other things) that it should be lawful for Her Majesty, by any Order or Orders made with the advice of Her Privy Council, to ordain for the government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the coast of China, any law or ordinance which to Her Majesty in Council might seem meet, as fully and effectually as any such law or ordinance could be made by Her Majesty in Council for the government of Her Majesty's subjects being within Her Majesty's Island of Hongkong:
And whereas, another Act of Parliament was passed in the same Session (chapter ninety-four) "to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual" (to which Act the expression "The Foreign Jurisdiction Act" when hereafter used in this Örder refers):
And whereas, by the Foreign Jurisdiction Act it was enacted (among other things) that it was and should be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty then had, or might at any time hereafter have, within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or con- quest of territory:
And whereas, Her Majesty has had and now has power and jurisdic- tion in the dominions of the Emperor of China, and in the dominions of the Tycoon of Japan :
And whereas, Her Majesty was pleased from time to time, by and with the advice of Her Privy Council, by Orders in Council of the several dates in the Schedule to this Order specified, to ordain laws and ordinances for the better government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within certain ships or vessels at a distance of not more than one hundred miles from the coast of China and to make provision for the exercise of Her Majesty's power and jurisdiction aforesaid in the dominions of the Emperor of China and of the Tycoon of Japan respectively :
And whereas, it has seemed to Her Majesty, by and with the advice of Her Privy Council, to be expedient at the present time to revise the provisions of the said Orders, and to ordain further and other laws and ordinances for the better government of Her Majesty's subjects being
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within the dominions of the Emperor of China, or being within such ships or vessels as aforesaid, and to make further and other provision for the due exercis of Her Majesty's power and jurisdiction aforesaid, and ¡ar- ticularly for the more regular and efficient adminstration of justice among Her Majesty's subjects resident in or resorting to the dominions of the Emperor of China or of the Tyccon of Japan :
And whereas, under the authority of provisions in this behalf in the first-recited Act contained, ordinances for the peace, order, and good government of Her Majesty's subjects within the dominions of the Em- peror of China, or being within certain ships or vessels at a distance of not more than one hundred miles from the coast of China, have been from time to time made by the Superintendent of the Trade of Her Majesty's subjects in China (such Superintendent being also the Governor of Hong- kong), with the advice of the Legislative Council of Hongkong, which ordinances are known as Consular Ordinances:
And whereas such of those Consular Ordinances as are described in the Schedule to this Order are now in force, wholly or in part, but they are liable to repeal by order of Her Majesty in Council, and it is expedient that they be repealed, such of their provisions as are not intended to be abrogated being consolidated with this Order:
Now, therefore, Her Majesty, by virtue of the powers in this behalf by the first-recited Act and The Foreign Jurisdiction Act, or either of them, or otherwise in Her vested, is pleased by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows:
I. PRELIMINARY.
1. This Order may be cited as The China and Japan Order in Coun- Short Title. cil, 1865.
2. In this Order-
The term "China means the dominions of the Emperor of China: The term "Japan" means the dominions of the Tycoon of Japan: The term "Minister" means the superior diplomatic representative of Her Majesty for the time being, whether Ambassador, Envoy, Minister Plenipotentiary, or Chargé d'Affaires.
The term "Chief Superintendent of Trade" means the Superintendent of the trade of Her Majesty's subjects in China for the time being, or any person for the time being authorized to act as such: The term "Consular Officer" includes every officer in Her Majesty's Consular Service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person authorized to act in any such capacity in China or Japan :
The term "British vessel" includes every vessel being a British ship within the meaning of The M ·rchant Shipping Act, 1854, or any other Act of Parliament for the time being in force for the regulation of merchant shipping,-and any vessel owned wholly or in part by any person entitled to be the owner of a British ship in the sense aforesaid,-and any vessel provided with sailing- letters from the Governor or Officer administering the Govern- ment of Hongkong, or from the Chief Superintendent of Trade: The term "Treaty" includes Convention, and any Agreement, Regula- tions, Rules, Article, Tariff, or other ins rument annexed to a Treaty, or agreed on in pursuance of any stipulation thereof: The term 'month' means calendar month: Words importing the plural or the singular may be construed as referring to one person or thing or more than one person or thing, and words importing the masculine as referring to females (as the case may require).
Danes by
Interpretation,
British subjects.
Foreigners.
Her Majesty's
jurisdiction to be exercised
Order.
156
ORDER IN COUNCIL
3. The provisions of this Order relating to British subjects apply to all subjects of Her Majesty, whether by birth or by naturalization.
The provisions of this Order relating to foreigners apply to subjects of the Emperor of China and of the Tycoon of Japan respectively, and subjects or citizens of any State other than China or Japan (not being enemies of Her Majesty).
II.-GENERAL PROVISIONS RESPECTING HER MAJESTY'S
JURISDICTION.
4. All Her Majesty's jurisdiction exercisable in China or in Japan for the judicial hearing and determination of matters in difference between according to this British subjects, or between foreigners and British subjects, or for the administration or control of the property or persons of British subjects,-or for the repression or punishment of crimes or offences committed by British subjects, or for the maintenance of order among British subjects, shall be exercised under and according to the provisions of this Order, and not otherwise.
Law of England
tered.
5. Subject to the other provisions of this Order, the civil and criminal to be adminis jurisdiction aforesaid shall, as far as circumstances admit, be exercised upon the principles of and in conformity with the Common Law, the Rules of Equity, the Statute Law, and other Law for the time being in force in and for England, and with the powers vested in and according to the course of procedure and practice observed by and before Courts of Justice and Justices of the Peace in England, according to their respective jurisdictions and authorities.
What to be deemed criminal sats.
Style and seal of
6. Except as to offences made or declared such by this Order, or by any Regulation or Rule made under it-
Any act other than an act that would by a Court of Justice having criminal jurisdiction in England be deemed a crime or offence making the person doing such act liable to punishment in England, shall not, in the exercise of criminal jurisdiction under this Order, be deemed a crime or offence making the person doing such act liable to punishment.
III.-CONSTITUTION OF HER MAJESTY'S COURT. 1.-The Supreme Court at Shanghai.
7. There shall be a Court styled Her Britannic Majesty's Supreme
Supreme Court. Court for China and Japan.
Place of sitting.
Judge. Appointment.
Qualification.
Deputy of Judge.
The Supreme Court shall have a seal bearing its style and such device as one of Her Majesty's Principal Secretaries of State from time to time directs.
8. The Supreme Court shall hold its ordinary sittings at Shanghai, or, on emergency, at any other place within the district of the Consulate of Shanghai; but may at any time transfer its ordinary sittings to any such place in China as one of Her Majesty's Principal Secretaries of State or Her Majesty's Minister in China approves.
9. There shall be one Judge of the Supreme Court.
He shall be appointed by Her Majesty, by warrant under her Royal sign manual.
He shall be a subject of Her Majesty (by birth or naturalization) who at the time of his appointment is a member of the bar of England, Scotland, or Ireland, of not less than seven years' standing, or has filled the office of Assistant Judge or Law Secretary in the Supreme Court, or the office of Judge or Legal Vice-Consul or Law Secretary in Her Majesty's Consular Service.
10. The Judge may from time to time, in case of his absence or in- tended absence from the district of the Consulate of Shanghai, either in the discharge of his duty or with permission of one of Her Majesty's Principal Secretaries of State, or in case of illness, appoint, by writing under his hand and the seal of the Supreme Court, a fit person to be his
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deputy for the time therein mentioned; but every such appointment shall bo revocable, at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court.
The person so appointed shall, during the continuance of his appoint- ment, have all the like power and authority as the Judge.
11. During a vacancy in the office of Judge, or on emergency, a fit Acting Judge, person approved by one of Her Majesty's Principal Secretaries of State, or (in the absence of notice to Her Majesty's Minister in China of any such approval) by Her Majesty's Minister in China, may temporarily be and act
as Acting Judge, with all the powers and authority of the Judge.
12. There shall be attached to the Supreme Court-
(1.) An Assistant Judge,
(2.) A Law Secretary,
(3.) So many officers and clerks as one of Her Majesty's Principal
Secretaries of State may from time to time think fit.
Assistant Judge, Law Secretary, Officers, and Clerks.
Assistant Judge.
13. The Assistant Judge shall be appointed by Her Majesty, by war- Appointment of rant under Her Royal sign manual.
in civil cases.
14. The Assistant Judge shall hear and determine such matters and Duties of questions arising in suits and proceedings of a civil nature, originally insti- Assistant Judge tuted in the Supreme Court, as are from time to time especially referred to him by the Judge; and in every such case any party to the suit or pro- ceeding shall be entitled as of course to a re-hearing before the Judge.
15. The Assistant Judge shall hear and determine in summary way In criminal such criminal charges originally brought before the Supreme Court as may cases. be lawfully so heard and determined, and as are from time to time referred to him by the Judge.
Judge.
16. In case of the absence or illness of the Assistant Judge, or during Acting Assistant a vacancy in the office of Assistant Judge or during the temporary employ- ment of the Assistant Judge in any other capacity, or on emergency, the Judge may, by writing under his hand and the seal of the Supreme Court, appoint the Law Secretary, or any fit person approved by one of Her Majesty's Principal Secretaries of State, or by Her Majesty's Minister in China, to act as Assistant Judge for the time therein mentioned; but every such appointment shall be revocable, at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court.
The Law Secretary, or other person so appointed, shall during the continuance of his appointment, have all the power and authorities of the Assistant Judge.
17. The Law Secretary shall be appointed by Her Majesty by warrant Appointment of under Her Royal sign manual.
18. The Law Secretary shall be the Registrar of the Court. 19. The Law Secretary shall hear and determine such matters and questions arising in suits and proceedings of a civil nature originally instituted in the Supreme Court as the Judge from time to time for the despatch of urgent business thinks fit to refer especially to him, but in every such case any party to the suit or proceeding shall be entitled, as of course, to a rebearing before the Judge.
Law Secretary.
Law Secretary to be Registrar.
Duties of Law
crea Secretary in
20. The Law Secretary shall discharge such duties in connection with In criminal the conduct of criminal prosecutions as the Judge from time to time directs. prosecutions.
21. The Law Secretary shall hear and determine in a summary way In hearing such criminal charges originally brought before the Supreme Court as may criminal cases. be lawfully so heard and determined, and as the Judge from time to time for the despatch of urgent business thinks fit to refer specially to him.
Secretary.
22. In case of the absence or illness of the Law Secretary, or during Acting Law a vacancy in the office of Law Secretary, or during the temporary employ- ment of the Law Secretary in any other capacity, or on emergency, the Judge may, by writing under his hand and the seal of the Supreme Court,
Dignized by Google
Tenure of office of Judge,
158
ORDER IN COUNCIL
appoint any fit person approved by one of Her Majesty's Principal Secre- taries of State, or by Her Majesty's Minister in China, to act as Law Secretary for the time therein mentioned; but every such appointment shall be revocable at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court.
The person so appointed shall, during the continuance of his appoint- ment, have all the power and authority of the Law Secretary.
23. The Judge, Assistant Judge, and Law Secretary shall hold office Assistant Judge, during the pleasure of Her Majesty, but any warrant of appointment to the office of Judge, Assistant Judge, or Law Secretary shall not be vacated by reason only of a demise of the Crown.
and Law
Secretary.
Consular officers temporarily
attached,
Provincial Courts to be
held by Consuls
or by acting Consul, or Vice-Consuls.
In case at any time Her Majesty thinks fit by warrant under Her Royal sign manual to revoke the warrant appointing any person to be Judge, Assistant Judge, or Law Secretary, or while there is a Judge, Assistant Judge, or Law Secretary in office, thinks fit by warrant under Her Royal sign manual to appoint another person to be Judge, Assistant Judge, or Law Secretary (as the case may be), then and in every such case, until the warrant of revocation or of new appointment is notified by Her Majesty's Minister in China to the person holding office, all powers and authorities vested in that person shall continue and be deemed to have continued in as full force,--and he shall continue and be deemed to have continued entitled to all the privileges and emoluments of the office as fully, and all things done by him shall be and be deemed to have been as valid in law, as if such warrant of revocation or new appointment had not been made.
24. One of Her Majesty's Principal Secretaries of State may, and Her Majesty's Ministers in China and Japan respectively, with the approval of the Judge of the Supreme Court in each instance first obtained, from time to time temporarily attach to the Supreme Court any persons holding appointments as Consuls or Vice-Consuls.
Every person so attached shall discharge such duties in connexion with the Court as the Judge from time to time, with the approval of one of Her Majesty's Principal Secretaries of State, directs, and shall have the like power and authority as the Assistant Judge or Law Secretary has, according as in each case the nature of the duties directed to be discharged by the person so attached may require.
2.-The Provincial Courts.
25. Each of Her Majesty's Consuls-General, Consuls, and Vice- Consuls (holding a commission as such from Her Majesty) resident in or Vice-Consuls China or in Japan (with the exception of Her Majesty's Consuls at Shanghai, (commissioned), and with such other exceptions as one of Her Majesty's Principal Secre- taries of State at any time thinks fit to make),-or any person acting temporarily, with the approval of one of Her Majesty's Principal Secre- taries of State or of Her Majesty's Minister in China or in Japan, as and for a Consul-General, Consul, or Vice-Consul, so commissioned as afore- said, shall, for and in his own Consular district, hold and form a Court styled Her Britannic Majesty's Court, at [Canton or as the case may be], hereafter in the Order called a Provincial Court.
Beal,
Qualifications of jurors.
Each Provincial Court shall have a seal bearing its style and such device as one of Her Majesty's Principal Secretaries of State from time to time directs.
IV.-JURIES.-ASSESSORS.
26. Every male British subject resident in China or in Japan, -being of the age of 21 years or upwards,-being able to speak and read English, -having or earning a gross income at the rate of not less than 250 dollars a year,―not having been attainted of treason or felony or convicted of any
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H.B.M. SUBJECTS IN CHINA AND JAPAN
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crime that is infamous (unless he has obtained a free pardon) and not being under outlawry,-shall be qualified to serve on a jury.
27. All persons so qualified shall be liable so to serve, except the Exemptions. following:-
Persons in Her Majesty's Diplomatic, Consular, or other Civil service
in actual employment;
Officers, clerks, keepers of prisons, messengers, and other persons
attached to or in the service of any of Her Majesty's Courts ; Officers and others on full pay in Her Majesty's Navy or Army, or in actual employment in the service of any Department connected therewith;
Persons holding appointments in the Civil service, and Commissioned Officers in the Naval or Military service of the Emperor of China or of the Tycoon of Japan;
Clergymen and ministers in the actual discharge of professional duties; Advocates and attorneys in actual practice;
Physicians, surgeons, and apothecaries in actual practice; And except persons disabled by mental or bodily infirmity.
list.
28. On or before the 14th day of September, in the year 1865, and on or Making of jury before the 14th day of January in every subsequent year, each Court shall make out a list of the persons so qualified and liable, resident within its district.
The list shall, on or before the 21st day of the same respective month, be affixed in some conspicuous place in the Court, and shall be there exhibited until the end of that month, with a notice annexed that on a day specified, not being sooner than the 7th nor later than the 14th day of the then next month, the Court will hold a special sitting for the revision of the list.
The Court shall hold such special sitting accordingly, and at such sitting, or at some adjournment thereof (of which public notice shall be given), shall revise the list by striking out the name of any person appearing to be not qualified or not liable to serve, and by inserting the name of any person omitted and appearing to be so qualified and liable, either on the application of the person omitted, or on such notice to him as the Court thinks fit.
The list shall be finally revised and settled not later than the 21st day of October in the year 1865, and not later than the 21st day of February in every subsequent year, and when settled shall be affixed in some conspicuous place in the Court, and be there exhibited during not less than two months.
Such list as settled shall be brought into use in the year 1865, on the 1st day of November, and in every subsequent year on the 1st day of March, and in every case shall be used as the jury list of the Court until the 1st day of March next after the time of its being brought into use.
attendance of
29. Where, in pursuance of this Order, a jury is ordered, the Court Summoning and shall summon so many of the persons comprised in the Jury list, not jurors. fewer than fifteen, as seem requisite.
Any person failing to attend according to such summons shall be Penalty. hable to such fine, not exceeding 50 dollars, as the Court thinks fit to impose.
Any such fine shall not be levied until after the expiration of 14 days. The proper officer of the Court shall forthwith give to the person find notice in writing of the imposition of the fine, and require him within six days after receipt of the notice to file an affidavit excusing his non-attendance (if be desires to do so). The Court shall consider the affidavit, and may, if it deem proper, remit the fine.
30. A jury shall consist of five jurors.
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Number of jury.
160
Challenges.
Unanimity.
Provincial Consular Court,-
Assessors,
their number; qualifications
and functions.
Ordinary original
ORDER IN COUNCIL
31. In civil and in criminal cases the like challenges shall be allowed as in England, with this addition, that in civil cases each party may challenge three jurors peremptorily.
32. A jury shall be required to give an unanimous verdict.
33. Where a Provincial Court proceeds, in pursuance of this Order, to hear and determine any case, civil or criminal, with Assessors, the Court shall nominate and summon as Assessors, not less than two and not more than four indifferent British subjects of good repute, resident in the district of the Court.
Where, however, by reason of local circumstances, the Court is able to obtain the presence of one fit person only as Assessor, the Court may sit with him alone as Assessor; and where for like reason the Court is not able to obtain the presence of any fit person as Assessor, the Court may (notwithstanding anything in this Order) sit without an Assessor; but in every such case the Court shall record in the minutes of proceedings its reasons for sitting with one Assessor only, or without an Assessor.
34. An Assessor shall not have voice or vote in the decision of the Court in any case, civil or criminal; but an Assessor dissenting in a civil case from any decision of the Court, or in a criminal case from any decision of the Court, or the conviction, or the amount of punishment awarded, may record in the minutes of proceedings his dissent and the grounds thereof; and an Assessor dissenting shall be entitled to receive gratis a certified copy of the minutes.
V. JURISDICTION AND AUTHORITIES OF HER MAJESTY'S COURTS. 1.-In General.
35. All Her Majesty's jurisdiction, civil and criminal, exercisable in jurisdiction of China, shall, for and within the district of the Consulate of Shanghai, Bupreme Court. be vested exclusively in the Supreme Court as its ordinary original
jurisdiction.
Jurisdiction of Provincial Court.
Concurrent jurisdiction
of Supreme with Provincial Courts.
Visits to Provincial Courts.
36. All Her Majesty's jurisdiction, civil and criminal, exercisable in China, beyond the district of the Consulate of Shanghai and not under this Order vested exclusively in the Supreme Court, and all Her Majesty's jurisdiction, civil and criminal, exercisable in Japan and not under this Order vested exclusively in the Supreme Court, shall to the extent and in the manner provided by this Order be vested in the Provincial Courts, each for and within its own district.
37. The Supreme Court shall have, in all matters civil and criminal, an extraordinary original jurisdiction throughout China and Japan, concurrent with the jurisdiction of the several Provincial Courts, such extraordinary jurisdiction to be exercised subject and according to the provisions of this Order.
38. The Judge of the Supreme Court may, from time to time, visit in a magisterial or judicial capacity any Provincial Court, and there inquire of, or hear and determine, any case, civil or criminal, pending in that Court, or arising within its district,-or, from time to time, may appoint the Assistant Judge or the Law Secretary of the Supreme Court to visit in the like capacity and for the like purpose any Provincial Court. 39. A Provincial Court may, of its own motion, or on the application by Provincial to of any person concerned, report to the Supreme Court the pendency of any case, civil or criminal, which appears to the Provincial Court fit to be heard and determined by the Supreme Court.
Reference of case
Supreme Court.
Qourts of Kecord.
The Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the same shall be so heard and determined accordingly.
40. Every Court shall, in the exercise of every part of its respective jurisdiction, be a Court of Record.
Degrees by Google
H.B.M. SUBJECTS IN CHINA AND JAPAN
41. The Judge of the Supreme Court may from time to time admit Barristers, fit persons to practice in the Supreme Court as barristers, attorneys, and attorneys solicitors, or in any of those capacities.
The Judge of the Supreme Court may from time to time, subject to the approval of one of Her Majesty's Principal Secretaries of State, make Rules for regulating the admission of persons to practise as aforesaid in Provincial Courts.
and solicitors.
Shanghai
42. Her Majesty's Consul at Shanghai shall have all the powers and Consul at authorities of the Sheriff of a county in England, with all the privileges to be Sheriff. and immunities of the office, and as such Sheriff shall be charged with the execution of all decrees, orders, and sentences made and passed by the Supreme Court, on the requisition in that behalf of the Supreme Court.
Court.
161
43. Each Provincial Court shall execute any writ, order, or warrant Execution by issuing from the Supreme Court and directed to the Provincial Court, Provincial Court and may take security from any person named therein for his appearance from Supreme personally, or by attorney, according to the writ, order, or warrant ; or may cause such person to be taken, in custody or otherwise, to the Supreme Court, or elsewhere in China or Japan, according to the writ, order, or warrant.
writs, &c., from
44. Any of Her Majesty's Courts in China or in Japan may execute Execution of any writ, order, or warrant issuing from the Supreme Court of Hongkong Hongkong. and accompanied by a request for such executica in writing under the seal of that Court; and may take security from any person named in any such writ, order, or warrant for his appearance personally, or by attorney, at Hongkong; or may cause any such person to be taken in custody, or other- wise, to Hongkong, according to the writ, order, or warrant.
Consular
45. Any of Her Majesty's judicial or Consular Officers shall not be Protection of liable to action for the escape of any person taken under any writ, order, Officers. or warrant of the Supreme Court of Hongkong.
auxiliary.
46. Her Majesty's several Courts in China and Japan shall be auxiliary Courts to be to one another in all particulars relative to the administration of justice, civil or criminal.
Supreme Court.
47. Each Provincial Court shall every six months furnish to the Report by Supreme Court for China and Japan a report respecting every case, civil Provincial to and criminal, brought before it, in such form as the Judge of the Supreme Court from time to time directs.
II.-In Civil Matters. RECONCILIATION AND ARBITRATION.
litigation.
48. Every Court may promote reconciliation, and encourage and Settlement of facilitate the settlement in any amicable way of any suit or proceeding pending before it.
arbitration
49. A Court may, with the consent of the parties, refer to arbitration Reference to the final determination of any suit or proceeding pending before it, or of by Court. all matters in reference between the parties, on such terms and with such directions as to appointment of an arbitrator and other things as may seem fit, and may, if it think fit, take from the parties, or any of them, security to abide by the result of the reference.
In any such case the award shall be final and conclusive.
On the application of any party a decree of the Court may be entered in conformity with the award, and such decree shall not be open to any appeal or re-hearing whatever.
arbitration made
50. Every agreement for reference to arbitration, or submission to Reference to arbitration, by consent, may, on the application of any party, be made a rule of Court. rule of a Court having jurisdiction in the matter of the reference or submission, which Court shall thereupon have power and authority to enforce the agreement or submission and the award made thereunder, and
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Law and Equity.
Bankruptcy.
Coroner.
Admiralty.
Lunacy.
Matrimonial Causes.
Probate and Administration.
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ORDER IN COUNCIL
to control and regulate the proceeding before and after the award in such manner and on such terms as may be just.
General Authorities of Courts.
51. The Supreme and every other Court shall be a Court of Law and Equity.
Special Authorities of Courts.
52. The Supreme and every other Court shall be a Court of Bank- ruptcy, and as such shall, as far as circumstances admit, have (as to a Provincial Court, for and within its own district), with respect to British subjects and to their debtors and creditors, being either British subjects or foreigners submitting to the jurisdiction of the Court, all such juris- diction as for the time being belongs to the Court of Bankruptcy and the County Courts in England, or to any other jud cial authority having for the time being jurisdiction in Bankruptcy in England.
53. The Supreme and every other Court shall (as to a Provincial Court, for and within its own district) have and discharge all the powers, rights, and duties appertaining to the office of Coroner in England,― summoning when necessary a jury of not less than three persons com- prised in the jury list of the Court.
Any person failing to attend according to such summons shall be liable to the like fine, to be levied in the like manner, as in this Order provided with reference to juries in civil and criminal proceedings.
54. The Supreme Court shall be a Vice-Admiralty Court, and as such shall, for and within China or Japan, and for vessels and persons coming to and within China or Japan, have all such jurisdiction as for the time being ordinarily belongs to Vice-Admiralty Courts in Her Majesty's possessions abroad.
55. The Supreme Court shall, as far as circumstances admit, have in itself exclusively, for and within China and Japan, with respect to British subjects, all such jurisdiction relative to the custody and management of the persons and estates of persons of unsound mind, as for the time being belongs to the Lord Chancellor or other person or persons in England intrusted by virtue of Her Majesty's sign manual with the care and com- mitment or the custody of the persons and estates of persons found by inquisition in England, idiot, lunatic, or of unsound mind.
56. The Supreme Court shall be a Court for Matrimonial Cause, and as such shall, as far as circumstances admit, have in itself exclusively, for and within China and Japan, with respect to British subjects, all such jurisdiction, except the jurisdiction relative to dissolution or nullity or jactitation of marriage, as for the time being belongs to the Court for Divorce and Matrimonial Causes in England.
57. The Supreme Court shall be a Court of Probate, and as such shall, as far as circumstances amit, have for and within China and Japan, with respect to the property of British subjects, having at the time of death their fixed places of abode in China or Japan, all such jurisdic.ion as for the time being belongs to Her Majesty's Court of Probate in England.
A Provincial Court shall, bowever, also have power to grant probate or administration where there is no contention respecting the right to the grant, and it is proved on oath that the deceased had at the time of his death bis fixed place of abode within the jurisdiction of the Provincial Court.
Probate or administration granted by a Provincial Court shall have effect over all the property of the deceased within China and Japan, and shall effectually discharge persons dealing with an executor or ad- ministrator thereunder, and that notwithstanding any defect afterwards appears in the grant.
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Such a grant shall not be impeachable by reason only that the de- ceased had not at the time of his death his fixed place of abode within the particular jurisdiction.
deposited in
58. Any person having in his possession or under his control any paper Testamentary or writing of a deceased British subject, being or purporting to be tosta- papers to be mentary, shall forthwith bring the original to the Court within the district Court. whereof such person is at the time of his first knowledge of the death of the deceased, and deposit it there.
Any person neglecting to do so for fourt en days after laving know- Penalty. ledge of the death of the deceased shall be liable to such penalty, not exceeding 250 dollars, as the Court thinks fit to impose.
intestate until
59. From the death of a British subject, having at the time of death Property of his fixed place of abode in China or Japan, intestate, until administration administration. is granted, his personal property within China and Japan shall be vested in the Judge of the Supreme Court, as the personal property of an intestate in England is vested in the Judge of Her Majesty's Court of Probate there.
administration
60. If any person, other than one of Her Majesty's Consular Officers, Penalty on takes possession of and in any manner administers any part of the personal without probate property of any person deceased, without obtaining probate or administra- tion within three months after the death of the deceased,-or within one month after the termination of any suit or dispute respecting probate or administration (if there is any such which is not ended within two months after the death of deceased), he shall be liable to such penalty not ex- ceeding 500 dollars, as the Court having jurisdiction in the matter of the property of the deceased thinks fit to impose; and in every such case the same fees shall be payable by the person so administering as would have been payable by him if he had obtained probate or administration.
61. When a British subject, not having at the time of death his fixed Taking poses
sion of property place of abode in China or Japan, dies there, the Court within whose dis- of deceased. trict he dies shall, where the circumstances of the case appear to the Court so to require, forthwith on the death of the deceased, or as soon after as may be, take possession of his personal property within the particular jurisdiction, or put it under the sea of the Court (in either case, if the na'ure of the property or other circumstance so require, making an inven- tory) and so keep the property until it can be dealt with according to law.
Trial with a Jury.
62. Where a suit originally instituted in the Supreme Court relates Cases for tria) to money, goods, or other property, or any matter at issue of the amount with Jury. or value of 1,500 dollars or upwards, or is brought for recovery of dam- ages of the amount of 1,500 dollars or upwards, the suit shall, on the demand of either party, be, under order of the Court, tried with a Jury.
In any case (except where, according to the Rules of the Court, the suit is to le heard and determined in summary way) a suit so instituted may be triod with a jury, if the Court of its own motion, or on the application of either party, thinks fit so to order.
One of Her Majesty's Principal Secretaries of State may, by order under his hand, extend the present provi-ion to any Provincial Court where it appears to him there is a sufficient Jury list.
Trial with Assessors.
Consular
63. Where a suit instituted in a Provincial Court relates to money, Provincial goods, or other property of a less amount or value than 1,500 dollars,or Court.-asen does not relate to or involve, directly or indirectly, a question respecting for Assessors. any matter at issue of the amount or value of 1,500 dollars or upwards,-or is brought for recovery of damages of a less amount than 1,500 dollars,- the Court may hear and determine the case without Assessors.
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11.
Powers of apprehension over British subjects.
Accused esoap- ing to another district.
Backing of warrant issued in British dominions.
Sending of prisoner to
Hongkong for
trial.
Supreme Court,-Jury.
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In all other cases the Court (subject to the provisions of the Order respecting inability to obtain an Assessor) shall hear and determine the cases with Assessors.
III.-In Criminal Matters.
64. Every Court may cause to be apprehended and brought before it any British subject being within the district of the Court and charged with having committed a crime or offence in China or in Japan, and may deal with the accused according to the jurisdiction of the Court and in conformity with the provisions of this Order; or where the crime or offence is triable, and is to be tried, in Her Majesty's dominions, may take the preliminary examination, and commit the accused for trial, and cause or allow him to be taken to the place of intended trial.
65. Where a person charged with having committed a crime or offence in the district of one Court escapes or removes from that district, and is found within the district of another Court, the Court within the district of which he is found may proceed in the case to examination, indictment, trial, and punishment, or in a summary way (as the case may require) in the same manner as if the crime or offence had been committed in its own district;-or may, on the requisition or with the consent of the Court of the district in which the crime or offence is charged to have been committed, send him in custody to that Court, or require him to give security for his surrender to that Court, there to answer the charge, and be dealt with according to law.
Where any person is to be so sent in custody, a warrant shall be issued by the Court within the district of which he is found, and such warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and carry him to and deliver him up to the Court of the district within which the crime or offence was committed according to the warrant.
66. Where a warrant or order of arrest is issued by a competent authority in Her Majesty's dominions for the apprehension of a British subject, who is charged with having committed a crime or offence within the jurisdiction of the authority issuing the warrant or order, and who is, or is supposed to be, in China, or Japan, and the warrant or order is produced to any Court, the Court may back the warrant or order; and the same, when so backed, shall be sufficient authority to any person to whom the warrant or order was originally directed and also to any constable or other officer of the Court by which it is backed, to apprehend the accused at any place where the Court by which the warrant or order is backed has jurisdiction, and to carry him to and deliver him up in Her Majesty's dominions according to the warrant or order.
67. Where any person is charged with the commission of a crime or offence, the cognizance whereof appertains to any of Her Majesty's Courts in China or Japan, and it is expedient that the crime or offence be enquired of, tried, determined, and punished within Her Majesty's dominions, the accused may (under the Foreign Jurisdiction Act, section 4) be sent for trial to Hongkong.
The Judge of the Supreme Court may, where it appears expedient, by warrant under his hand and the seal of the Supreme Court, cause the accused to be taken for trial to Hongkong accordingly.
Where any person is to be so taken to Hongkong, the Court before which he is charged shall take the preliminary examination, and shall send the depositions to Hongkong, and (if it seems necessary or proper) may bind over such of the proper witnesses as are British subjects in their own recognizances to appear and give evidence on the trial.
68. All crimes which in England are capital shall be tried by the Judge of the Supreme Court with a jury.
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Other crimes and offences above the degree of misdemeanour, tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, and not heard and determined in a summary way, shall be tried with a jury.
Any crime or offence tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court may be tried with a Jury, where the Judge, Assistant Judge, or Law Secretary so directs.
Subject to the foregoing provision, such classes of criminal cases Summary
jurisdiction. tried before the Judge, Assistant Judge, or Law Secretary of the Supreme Court, as the Judge, having regard to the law and practice existing in England, from time to time directs, shall be heard and determined in a summary way.
death.
69. Where any person is sentenced to suffer the punishment of death, Sentence the Judge of the Supreme Court shall forthwith send a report of the sentence, with a copy of the minutes of proceedings and notes of evidence in the case and with any observations the Judge thinks fit, to Her Majesty's Minister in China or in Japan, according as the crime is com- mitted in China or in Japan.
The sentence shall not be carried into execution without the direction of Her Majesty's Minister in China or in Japan (as the case may be) in writing under his band.
In any such case, if Her Majesty's Minister in China or in Japan (as the case may be) does not direct that the sentence of death be carried into execution, he shall direct what punishment in lieu of the punishment of death is to be inflicted on the person convicted, and the person convicted shall be liable to be so punished accordingly.
Consular
70. Where the crime or offence with which any person is charged Provincial before a Provincial Court is any crime or offence other than assault Court,- endangering life, cutting, maiming, arson, or house-breaking, and appears Procedure, to the Court to be such that, if proved, it would be adequately punished by imprisonment, with or without hard labour, for a term not exceeding three months, or by a fine not exceeding 200 dollars, the Court shall hear and determine the case in a summary way, and without Assessors.
In other cases the Court shall hear and determine the case on indict- ment and with Assessors (subject to the provisions of this Order respect- ing inability to obtain an Assessor).
Punishment.
71. A provincial Court may impose the punishment of imprisonment and extent of for any term not exceeding twelve months, with or without hard labour, and with or without a fine not exceeding 1,000 dollars, or the punishment
of a fine not exceeding 1,000 dollars without imprisonment.
72. Where the crime or offence with which any person is charged Reservation before a Provincial Court appears to the Court to be such that, if proved, Provincial for it would not be adequately punished by such punishment as the Court Supreme Court, has power to impose, and the accused is not to be sent for trial to Her Majesty's dominions, the Court shall reserve the case to be heard and determined by or under the special authority of the Supreme Court.
The Provincial Court shall take the depositions, and forthwith send them, with a minute of other evidence, if any, and report on the case, to the Supreme Court.
The Supreme Court shall direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the same shall be so heard and determined accordingly.
regarded.
73. Every Court and authority in imposing and inflicting punish- Punishment in ments, and Her Majesty's Ministers in China and Japan in directing England to be what punishment is to be inflicted in lieu of the punishment of death, shall have regard, as far as circumstances admit, and subject to the other provisions of this Order, to the punishments imposed by the law of Eng-
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Payment of expenses by offender;
or by accuser.
Recovery of
expenses.
Mitigation or remission of punishment.
Pisos of Imprisonment
in China or Japan
Imprisonment im British dominions.
In criminal onses, reports to recretary of State.
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land in like cases, and to the mode in which the same are inflicted in England.
74. Any Court (but, in the case of a Provincial Court, subject to the approval of the Supreme Court) may order any person convicted before it of any crime or offence to pay all or any part of the expenses of, or preliminary to, his trial and of his imprisonment or other punishment.
75. Where it appears to any Court that any charge made before it is malicious, or is frivolous and vexatious, the Court may order all or any part of the expenses of the prosecution to be paid by the person making the charge.
76. In either of the two last-mentioned cases, the amount ordered to be paid shall be deemed a debt due to the Crown, and may by virtue of the order, without fur her proceedings, be levied on the property of the person convicted or making the charge, as the case may be.
77. Where any punishment has been awarded by the Supreme or any other Court, then, if the circumstances of the case make it just or expedient, the Judge of the Supreme Court may at any time, and from time to time, report to one of Her Majesty's Principal Secretaries of State, or to Her Majesty's Minister in China or in Japan (accor·ling as the crime or offence was committed in China or Japan) recommending a mitigation or remission of the punishment; and on such recommendation any such punishment may be mitigated or remitted by direction of the authority to whom the report is made.
But no such recommendation shall be made with respect to any punishment awarded by a Provincial Court, except on the recommendation of that Court, or on the dissent of an Assessor (if any) from the conviction, or from the amount of punishment awarded.
78. The Judge of the Supreme Court may, where it seems expedient, by warrant under his hand and the seal of the Supreme Court, cause any offender convicted before any Court and sentenced to imprisonment, to be taken to and imprisoned at any place in China or in Japan, from time to time, approved by one of Her Majesty's Principal Secretaries of State as a place of imprisonment for offenders.
A warrant of the Supreme Court shall be sufficient authority to the Governor or keeper of such place of imprisonment, or other persons to whom it is directed, to receive and detain there the person therein named, according to the warrant.
79. Where any offender convicted before a Court in China or in Japan is sentenced to suffer imprisonment in respect of the crime or offence of which he is convicted, and it is expedient that the sentence be carried into effect within Her Majesty's dominions, the offender may (under the Foreigo Jurisdiction Act, section 5) be sent for imprisonment to Hongkong.
The Judge of the Supreme Court may, where it seems expedient, by warrant under his hand and the seal of the Supreme Court, cause the offender to be taken to Hongkong, in order that the sentence passed on him may be there carried into effect accordingly.
80. The Judge of the Supreme Court shall, when required by one of Her Majesty's Principal Secretaries of State, send the Secretary of State a report of the sentence passed by the Judge, Assistant Judge, or Law Secretary of the Court in every case not heard and determined in a sum- mary way, with a copy of the minutes of proceedings and notes of evidence, and the Judge may send with such report any observations he thinks fit.
Every Provincial Court shall forthwith send to the Judge of the Supr me Court a report of the sentence passed by it in every case not heard and determined in a summary way, with a copy of the minutes of proceedings and notes of evidence, and with any observations the
H.B.M. SUBJECTS IN CHINA AND JAPAN
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Court thinks fit. The Judge of the Supreme Court shall, when required by one of Her Majesty's Principal Seoretaries of State, transmit the same to the Secretary of State, and may send therewith any observations hė thinks fit..
VI.-WAB, INSURRECTION, or Rebellion.
81. If any British subject commits any of the following offences, that Punishment for is to say:-
(1.) In China, while Her Majesty is at peace with the Emperor of China, levies war or takes part in any operation of war against the Emperor of China, or aids or abets any person in carrying on war, insurrection, or rebellion against the Emperor of China. (2.) In Japan, while Her Majesty is at peace with the Tycoon of Japan, levies war or takes part in any operation of war against the Tycoon of Japan, or aids or abets any persons in carrying on war, insurrec tion, or rebellion, against the Tycoon of Japan; every person so offending shall be deemed guilty of a misdemeanour, and on con- viction thereof shall be liable (in the discretion of the Court before which he is convicted) to be punished by imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding 5,000 dollars, or by a fine not exceeding 5,000 dollars without imprisonment.
In addition to such punishment every such conviction shall of itself, and without further proceedings, make the person convicted liable to deportation; and the Court before which he is convicted may order that he be deported from China or Japan to such place as the Court directs.
levying war, &c.
China, without
82. If any British subject, without the licence of Her Majesty (proof Punishment for whereof shall lie on the party accused) takes part in any operation of war Forces of
serving with in the service of the Emperor of China against any person engaged in Emperor of carrying on war, insurrection, or rebellion against the Emperor of China, licence. he shall be deemed guilty of a misdemeancur, and on conviction thereof shall be liable (in the discretion of the Court before which he is convicted) to be punished by imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding 5,000 dollars, or by a fine not exceeding 5,000 dollars without imprison-
ment.
Provincial
83. If the Court before which any person charged with having com- Report by mitted such a misdemeanour as in the two last preceding Articles mentioned Court.
brought is a Provincial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case.
The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accord- ingly.
VII.-TREAties and Regulations.
violation of
84. If any British subject in China or in Japan violates or fails to Penalties for observe any stipulation of any Treaty between Her Majesty, her heirs or Treaties. successors, and the Emperor of China, or the Tycoon of Japan, for the time being in force, in respect of the violation whereof any penalty is stipulated for in the Treaty, he shall be deemed guilty of an offence against the Treaty, and on conviction thereof under this Order shall be liable to a penalty not exceeding the penalty stipulated for in the Treaty.
85. Her Majesty's Minister in China may from time to time make Regulations for such Regulations as seem fit for the peace, order, and good government of British subjects resident in or resorting to China, and for the observance of the stipulations of Treaties between Her Majesty, her heirs or successors, and the Emperor of China, and for maintenance of friendly relations
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Penalties.
Publication,
When penalties enforceable.
Proof of Regulations.
Regulations for Japan.
Trial of offences.
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ORDER IN COUNCIL
between British subjects and Chinese subjects and authorities, and may make any such regulations apply either throughout China or to some one or more of the Consular districts in China, and may by any such Regula- tions repeal or alter any Regulations made for any such purpose as aforesaid before the commencement of this Order.
Any such Regulations shall not have effect unless and until they are approved by Her Majesty, such approval being signified through one of Her Majesty's Principal Secretaries of State,-save that in case of urgency, declared in any such Regulation, the same shall have effect unless and until they are disapproved by Her Majesty, such disapproval being signified through one of Her Majesty's Principal Secretaries of State, and notification of such disapproval is received and published by Her Majesty's Minister in China.
86. Such Regulations may impose penalties for offences against the same, as follows: namely, for each offence imprisonment for any term not exceeding three months, with or without hard labour, and with or without a fine not excecding 500 dollars, or a fine not exceeding 500 dollars, without imprisonment, and with or without further fine for continuing offences not exceeding in any case 25 dollars for each day during which the offence continues after the original fine is incurred, but so that all snch Regulations be so framed as to allow in every case of part only of the maximum penalty being inflicted.
87. All such Regulations shall be printed, and a printed copy thereof shall be affixed and at all times kept exhibited conspicuously in the public office of each Consular Officer in China to whose district the Regulations apply.
Printed copies of the Regulations applicable to each district shall be provided and sold therein at such reasonable prices as Her Majesty's Minister in China from time to time directs.
88. No penalty shall be enforced in any Consular district for any offence against any such Regulation until the regulation has been so affixed and kept exhibited in the public office of the Consular Officer for that district during one month.
89. For the purpose of convicting any person committing an offence against any such Regulation, and for all other purposes, a printed copy of the Regulation purporting to be certified under the hand of Her Majesty's Minister in China, or under the hand and consular seal of one of Her Majesty's Consular Officers in China, shall be conclusive evidence of the Regulation; and no proof of handwriting or seal purporting to certify same shall be required.
90. The foregoing provision relative to the making, printing, publica- tion, enforcement, and proof of Regulations in and for China shall extend and apply, mutatis mutandis, to the making, printing, publication, enforce- ment, and proof of Regulations in and for Japan, with the substitution only of Japan for China, and of the Tycoon of Japan for the Emperor of China, and of Her Majesty's Minister in Japan for Her Majesty's Minister in China, and of Her Majesty's Consular Officers in Japan for Her Ma jesty's Consular Officers in China.
91. Any charge under this Order of an offence against any Treaty or against any such Regulation as aforesaid, shall be enquired of, heard, and determined in like manner in all respects as any ordinary criminal charge may be inquired of, heard, and determined under this Order, subject only to this qualification,-that (notwithstanding anything in this Order) every charge of an offence against any Treaty or against any Regulation for the observance of the stipulations of any Treaty shall be heard and determined in a summary way, and (where the proceeding is before a Provincial Court)
without Assessors.
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VIII. UNLAWFUL TRADE WITH JAPAN.
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unlawful.
92. All trade of British subjects in, to, or from any part of Japan, Trade except to except such ports and towns as are for the time being open to British open ports subjects by Treaty between Her Majesty, her heirs or successors, and the Tycoon of Japan, is hereby declared unlawful.
If any person engages in such trade as a principal, agent, ship-owner, ship-master, or supercargo, he shall be deemed guilty of a misdemeanour, and on conviction thereof shall be liable to be punished (in the discretion of the Court before which he is convicted) by imprisonment for any term not exceeding two years with or without hard labour, and with or without a fine not exceeding 10,000 dollars without imprisonment.
93. If the Court before which any person charged with having Report of committed such a misdemeanour is brought is a Provincial Court, the Provincial Court shall report to the Judge of the Supreme Court the pendency of the case.
The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so beard and determined accordingly.
Court.
94. The Officer commanding any of Her Majesty's vessels of war, or Seisure of any of Her Majesty's Naval Officers authorised in this behalf by the vessel, ae. Officer having the Command of Her Majesty's Naval Forces in Japan, by writing under his hand may seize any British vessel engaged or reasonably suspected of being or having been engaged in any trace by this Order declared unlawful, and may either detain the vessel, with the master, officers, supercargo, crew, and other persons engaged in navigating the vessel, or any of them, or take or cause to be taken the vessel, and the master, officers, supercargo, crew, and other persons aforesaid, or any of them, to any port or place in Japan or elsewhere, convenient for the prosecution of a charge for the misdemeanour alleged to have been committed.
Any such vessel, master, officers, supercargo, crew, and persons may lawfully be detained at the place of seizure, or at the port or place to which the vessel is so taken, under the authority of any such officer, or of any of Her Majesty's Consular Officers in China or Japan, until the conclusion
any proceedings taken in respect of such misdemeanour.
of
IX.-JAPANESE WATERS.
waters, &c.
95. When and as often as it appears to Her Majesty's Minister in Regulations Japan that the unrestricted entrance of British vessels into, or the as to entering unrestricted passage of British vessels through, any straits or other water in Japan may lead to acts of disturbance or violence, or may otherwise endanger the maintenance of peaceful relations and intercourse between Her Majesty's subjects and the subjects of the Tycoon of Japan, Her Majesty's Minister may make any regulations for prohibiting or for restricting, in such manner as seems expedient, the entrance or passage of any British vessel (other than a vessel of war of Her Majesty) into or through any such straits or other water as aforesaid, as defined in the Regulation.
Her Majesty's Minister may from time to time revoke or alter any such regulation.
prooeedings.
96. The forgoing provisions of this Order relative to the making, Penalties and printing, publication, enforcement, and proof of Regulations to be made by Her Majesty's Minister in China, and to the mode of proceeding in respect of any charge for an offence against any such Regulations, shall extend and apply, mutatis mutandis, to any Regulation made by Her Majesty's Minister in Japan, as last aforesaid.
Beizure of vessel
Jurisdiction as to piracy.
Report by Provincial Court.
Punishment in summary WAY
for public insult to religion or religious institutions.
Jurisdiction of Courts in China and Japan.
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97. If any person navigating a British vessel wilfully violates, or wilfully attempts to violate, any such Regulation, the officer commanding any vessel of war of Her Majesty, or in charge of any boat belonging to such vessel of war, may use force for the purpose of compelling him to desist from the violation or attempted violation of the Regulation, and if it appears necessary or expedient may seize the vessel, and such Command- ing Officer may either detain her at the place of seizure, or take her, or cause her to be taken, to any port or place in Japan or elsewhere where the offender may be more conveniently prosecuted for such offence.
Any such vessel may lawfully be detained at the place of seizure, or at the port or place to which she is so taken, under the authority of any such Commanding Officer, or of any of Her Majesty's Consular Officers in Japan until the conclusion of any proceedings taken in respect of the
offence.
X.-PIRACY.
98. Any British subject being in China or in Japan may be proceeded against, tried, and punished under this Order for the crime of piracy wherever committed.
99. If the Court before which a British subject charged with the crime of piracy is brought is a Provincial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case.
The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accord- ingly.
XI.-OFFENCES AGAINST RELIGION.
100. If any British subject is guilty of publicly deriding, mocking, or insulting any religion established or observed in China or in Japan-or of publicly offering any insult to any religious service, feast, or ceremony established or kept in any part of China or in Japan, or to any place for worship, tomb, or sanctuary belonging to any such religion, or to the ministers or professors thereof,-or of wilfully committing any act tending to bring any such religion or its ceremonies, mode of worship, or observances into hatred, ridicule, or contempt and thereby to provoke a breach of the public peace, he shall be liable (in the discretion of the Court before which he is convicted) to imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceed- ing 500 dollars, or to a fine not exceeding 500 dollars without imprisonment.
Notwithstanding anything in this Order, every charge against a British subject of having committed any such offence shall be heard and deter- mined in a summary way, and any Provincial Court shall have power to impose the punishment aforesaid.
Her Majesty's Consular Officers shall take such precautionary measures as seem to them proper and expedient for the prevention of such offences.
XII.-AUTHORITY WITHIN 100 MILES OF THE COAST OF CHINA.
101. Where a British subject, being after the commencement of this Order in China or in Japan, is charged with having committed, either before or after the commencement of this Order, any crime or offence within a British vessel at a distance of not more than 100 miles from the coast of China,-or within a Chinese or Japanese vessel at such a distance as aforesaid,-or within a vessel not lawfully entitled to claim the protec- tion of the flag of any State, at such uistance as aforesaid,-any of Her Majesty's Courts in China or in Japan within the jurisdiction whereof he is found may cause him to be apprehended and brought before it, and may take the preliminary examination and commit him for trial.
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171
Provincial
102. If the Court before which the accused is brought is a Provin- Report by cial Court, the Court shall report to the Judge of the Supreme Court the Court. pendency of the case.
The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accord- ingly.
other provisions,
103. The provisions of this Order relative to crimes and offences, and Application of proceedings in criminal matters, shall in all respects, as far as may be, extend and apply to every such case, in like manner as if the crime or offence had been committed in China or Japan.
Hongkong.
104. Where a British subject, being after the commencement of this Jurisdiction at Order in Hongkong, is charged with having committed, either before or after the commencement of this Order, any crime or offence within any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, the Supreme Court at Hongkong shall have and may exercise authority and jurisdiction with respect to the crime or offence as fully as if it had been committed in Hongkong.
Naval Deserters.
105. Her Majesty's Minister in China or in Japan, the Judge or Military and Assistant Judge of the Supreme Court, and any of Her Majesty's Consular Officers in China or in Japan, or the Governor or person administering the Government of Hongkong, on receiving satisfactory information that any soldier, sailor, marine, or other person belonging to any of Her Majesty's Military or Naval forces has deserted therefrom, and has concealed himself in any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, may, in pursuance of such information, issue his warrant for a search after and apprehension of such deserter, and on being satisfied on investigation that any person so apprenended is such a deserter, shall cause him to be with all convenient speed taken and delivered over to the nearest military station of Her Majesty's forces or to the officer in com- mand of a vessel of war of Her Majesty serving in China or Japan, as the case may require.
XIII-DEPORTATION.
what osaen.
106. (i.) When it is shown on oath, to the satisfaction of any of Her Deportation, Majesty's Courts in China or in Japan, that there is reasonable ground to apprehend that any British subject in China or in Japan is about to commit a breach of the public_peace, or that the acts or conduct of any British subject in China or in Japan are or is likely to produce or excite to a breach of the public peace, the Court within the jurisdiction whereof he happens to be may cause him to be brought before it, and require him to give security, to the satisfaction of the Court, to keep the peace, or for his future good behaviour, as the case may require.
(ii.) Where any British subject is convicted, under this Order, of any crime or offence, the Court within the jurisdiction whereof he happens to be may require him to give security to the satisfaction of the Court for his future good behaviour.
In either of the cases, if the person required to give security fails to do so, the Court may order that he be deported from China or Japan to such place as the Court directs.
107. In any case where an order of deportation is made under this Place of Order the Court shall not, without the consent of the person to be deported, Deportation. direct the deportation of any person to any place other than Hongkong or England.
Provincial
108. A Provincial Court shall forthwith report to the Judge of the Report by Supreme Court any order of deportation made by it, and the grounds Cours thereof.
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Time of deportation.
Order for expenses.
Report of deportation.
Deportation to and from Hongkong.
Punishment for returning,
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ORDER IN COUNCIL
The Judge of the Supreme Court may reverse the order, or may confirm it with or without variation, and in case of confirmation, shall direct it to be carried into effect.
109. The person to be deported shall be detained in custody until a fit time and opportunity for his deportation arrive.
The Judge of the Supreme Court shall then (and in the case of a person convicted, either after execution of the sentence or while it is in course of execution) by warrant cause him to be taken to the place of deportation.
110. The Judge of the Supreme Court may order that the person to be deported do pay all or any part of the expense of or preliminary to his deportation.
111. The Judge of the Supreme Court shall forthwith report to one of Her Majesty's Principal Secretaries of State any order of deportation made or confirmed by him, and the grounds thereof, and shall also inform Her Majesty's Ministers in China and Japan of the same.
112. Where any person is deported to Hongkong, he shall on his arrival there be delivered, with the warrant under which he is deported, into the custody of the Chief Magistrate of Police of Hongkong, or other officer of Her Majesty there lawfully acting as such, who, on receipt of the person deported, with the warrant, shall detain him and shall forthwith report the case to the Governor or person administering the Government of Hongkong, who shall either by warrant (if the circumstances of the case appear to him to make it expedient) cause the person so deported to be taken to England, and in the meantime to be detained in cnstody (so that the period of such detention do not exceed three months), or else shall discharge him from custody.
113. If any person deported returns to China or Japan without the permission of one of Her Majesty's Principal Secretaries of State, in writing under his hand (which permission the Secretary of State may give), he shall be guilty of an offence against this Order, and shall be liable on conviction thereof to punishment (in the discretion of the Court before which he is convicted) by imprisonment for any term not exceeding one month, with or without hard labour, and with or without a fine not exceeding 200 dollars, or by a fine not exceeding 200 dollars, without imprisonment, and also to be forthwith again deported in manner hereinbefore provided.
XIV.-REGISTRATION OF BRITISH SUBJECTS.
Annual registra-
114 Every British subject resident in China or Japan,-being of the tion of residents. age of 21 years or upwards, or being married, or a widower or widow, though under that age, shall, in the month of January in the year 1866 and every subsequent year, register himself or herself in a register to be kept at the Consulate of the Consular district within which he or she resides-subject to this qualification, that the registration of a man shall be deemed to include the registration of his wife (unless she is living apart from him), and that the registration of the head of the family, whether male or female, shall be deemed to include the registration of all females being relatives of the head of the family (in whatever degree of relationship) living under the same roof with the head of the family at the time of his or her registration.
Registration of non-residents.
Penalty.
Every British subject not so resident arriving at any place in China or Japan where a Consular Officer is maintained, unless borne on the muster roll of a British vessel there arriving, shall, within one month after his or her arrival, register himself or herself in a register to be kept at the Consular Office, but so that no such person shall be required to register himself or herself more than once in any year, reckoned from the 1st day of January.
Any person failing so to register himself or herself, and not excusing his or her failure to the satisfaction of the Consular Officer, shall not be
H.B.M. SUBJECTS IN CHINA AND JAPAN
173
entitled to be recognized or protected as a British subject in China or Japan, and shall be liable to a fine not exceeding ten dollars for each instance of such failure.
Fee.
115. Every person shall on every registration of himself or herself foo. pay a fee of such amount as one of Her Majesty's Principal Secretaries of State from time to time by order under his hand appoints, such amount either to be uniform for all persons, or to vary according to the circum- stances of different classes, as the Secretary of State from time to time by such order directs.
116. The Consular Officer shall issue to every person so registered a Certificate. certificate of registration under his hand and Consular seal; and the name of a wife (unless she is living apart from her husband) shall be indorsed on her husband's certificate; and the names and descriptions of females whose registration is included in that of the head of the family shall be indorsed on the certificate of the head of the family.
XV.-FOREIGNERS. FOREIGN TRIBUnals.
117. Where a foreigner desires to institute or take any suit or Suits by
foreigners proceeding of a civil nature against a British subject, the Supreme or against British other Court, according to its jurisdiction, may entertain the same, and subjects. where any such suit of proceeding is entertained shall hear and determine it according to the provisions of this Order, and of the Rules made under it applicable in the case, either by the Judge, Assistant Judge, Law Secretary, or proper Consular officer sitting alone (or with Assessors when the case so requires), or, if (in any case where a trial with a jury may be had under this Order) all parties desire, or the Court thinks fit to direct, a trial with a jury, then, but not otherwise, by the Judge, Assistant Judge, Law Secretary, or proper Consular officer, with a jury.
attendance of
tribunals,~
118. Where it is shown to any of Her Majesty's Courts that the Compulsory attendance of a British subject to give evidence, or for any other purpose British subjects connected with the administration of justice, is required in a Chinese or before foreign Japanese Court, or before a Chinese or Japanese judicial officer, or in a Court or before a judicial officer in China or Japan of any State in amity with Her Majesty, the Court may, in cases and under circumstances which would require the attendance of that British subject before one of Her Majesty's Courts in China or Japan, and if it seems to the Court just and expedient so to do, make an order for the attendance of the British subject in such Court or before such judicial officer and for such purpose as aforesaid,--but so that a Provincial Court shall not have power to make an order for such attendance of a British subject at any place beyond the particular jurisdiction of the Court.
Any British subject duly served with such an order, and with reason- able notice of the time and place at which bis attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court making the order, shall be liable to a fine not exceeding 500 dollars, or to imprisonment for any term not exceeding one month, in the discretion of the Court.
XVI.-APPEAL TO Supreme Court.
1.-In Civil Cases.
to be obtained.
119. Where any decision of a Provincial Court, sitting with or without Leave to appeal Assessors, is given in a civil case in respect of a sum or matter at issue of the amount or value of 250 dollars or upwards, or determines, directly or indirectly, any claim or question respecting property of the amount or value of 250 dollars or upwards,-any party aggrieved by the decision may apply to the Provincial Court for leave to appeal to the Supreme Court, and shall be entitled to leave on the terms prescribed by the Rules made under this Order, and subject to any restrictions and exceptions therein contained.
On conviction
question of law`
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ORDER IN COUNCIL
In any other case the Provincial Court may, if it seems just and expedient, give leave to appeal on like terms.
In any case the Supreme Court may give leave to appeal on such terms as seem just.
2.-Criminal Cases.
120. Where any person is convicted otherwise than in a summary way on indictment of a crime or offence the Court or Officer trying the case may, if it seems fit, may be reserved. reserve for the consideration of the Supreme Court any question of law
arising on trial.
On summary conviction
appeal on point of law to lie.
Postponement of judgment or
execution.
Authority of
The Court or Officer shall then state a special case, setting out the question reserved, with the facts and circumstances on which it arose, and shall send the case to the Supreme Court.
121. Where any person is convicted iu a summary way of a crime or offence, and is dissatisfied with the conviction as being erroneous in point of law, the Court or Officer trying the case may, on his application in writing, and on compliance by him with any terms prescribed by the Rules made under this Order, state a special case, setting out the facts and the grounds of the conviction, for the opinion of the Supreme Court, and send it to that Court.
122. Where a special case is stated, the Court or Officer stating it shall, as seems fit, either postpone judgment on the conviction, or respite execution of the judgment, and either commit the person convicted to prison, or take proper security for him to appear and receive judgment or render himself in execution (as the case may require) at an appointed time and place.
123. The Supreme Court shall hear and determine the matter, Supreme Court. and thereupon shall reverse, affirm, or amend the judgment, conviction, or sentence in question,-or set aside the same, and order an entry to be made in the minutes of proceedings to the effect that in the judgment of the Supreme Court the person convicted ought not to have been con- victed, or arrest the judgment, or order judgment to be given at a subsequent sitting of the Court or Officer stating the case,-or make such other order as justice requires-and shall also give all necessary and proper consequential directions.
Proceedings to be public.
Amendment of special case.
124. The judgment of the Supreme Court shall be delivered in open Court after the public hearing of any argument offered on behalf of the prosecution or of the person convicted.
125. Before delivering judgment the Supreme Court may, if necessary, cause the special case to be amended by the Court or Officer stating it.
126. If on an application for a special case, on a summary conviction, special case on it seems to the Court or Officer that the application is merely frivolous,
but not otherwise, the Court or Officer may refuse to state a case.
Refusal to state
summary con-
viation.
Rules to be
of Supreme
A Court or Officer so refusing shall forthwith send to the Supreme Court a report of the sentence, with a copy of the minutes of proceedings and notes of evidence, and any observation the Court or Officer thinks fit, and with a copy of the application for a special case.
The Supreme Court shall examine the report and documents so sent, and, unless the Supreme Court is of opinion that the application was merely frivolous. shall, on the application in that behalf of the appellant, if made within one month after the refusal of a special case, proceed to hear and determine the matter according to the foregoing provisions as nearly as may be as if a special case had been stated.
XVII.-RULES OF PROCEDURE.
127. The Judge of the Supreme Court may, from time to time, frame framed by Judge Rules for any purpose for which it is before in this Order expressed or implied that Rules of procedure or practice are to be made, and also for the regulations of procedure and pleading, forms or writs, and other pro-
Court.
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175
ceedings, expenses of witnesses and prosecutions, costs and fees, in civil and in criminal cases, in the Supreme Court and other Courts, including the regulation of cross-suits and the admission of counter-clains, and the regulation of proceedings thereon, and for the regulation of appeals to the Supreme Court from the other Courts in civil and in criminal cases, and of rehearings before the Judge of the Supreme Court, and may thereby impose reasonable penalties.
Rules affecting the conduct of civil suits shall be so framed as to secure, as far as may be, that cases shall be decided on their merits accord- ing to substantial justice, without excessive regard to technicalities of pleading or procedure, and without unnecessary delay.
Rules framed by the Judge shall not have effect unless and until they are approved by one of Her Majesty's Principal Secretaries of State,- save that in case of urgency declared in any Rules framed by the Judge, with the approval of Her Majesty's Minister in China, the same shall have effect, unless and until they are disapproved by one of Her Majesty's Principal Secretaries of State, and notification of such disapproval is received and published by the Judge.
Rules.
128. A Copy of the Rules for the time being in force shall be kept Publication of exhibited conspicuously in each Court and Consulate in China and Japan. Printed copies shall be provided and sold at such reasonable prices as
the Judge of the Supreme Court from time to time directs.
No penalties shall be enforced in any Court for the breach of any Rule until the Rule has been so exhibited in the Court for one month.
129. A printed copy of any Rule, purporting to be certified under the Evidence of hand of the Judge of the Supreme Court and the seal of the Court, shall Rules. be for all purposes conclusive evidence of the due framing, approval, and publication of the contents thereof.
130. From and after the commencement of any Rules made by the Revocation of Judge of the Supreme Court under this Order, all Rules and Regulations existing Rules theretofore made by the Chief Superintendent of Trade in China, or by Her Majesty's Consul-General in Japan, in respect of any matter in re-pect whereof the Judge of the Supreme Court is by this Order authorised to make Rules, shall cease to operate.
XVIII.-APPEAL TO HER MAJESTY IN COUNCIL.
131. Where any final decree or order of the Supreme Court is made Appeal on in a civil case in respect of a sum or matter at issue of the amount or value question of law
from Supreme of 2,500 dollars or upwards, or determines directly or indirectly any claim Court in Civil
cases involving or question respecting property of the amount or value of 2,500 dollars or 2,500 dollars or upwards, any party aggrieved by the decree or order may, within fifteen upwards. days after the same is made, apply by motion to the Supreme Court for leave to appeal to Her Majesty in Council.
132. If leave to appeal is applied for by a party adjudged to pay money Execution or or perform a duty, the Supreme Court shall direct either that the decree suspension. or order appealed from be carried into execution, or that the execution thereof be suspended, pending the appeal, as the Court considers to be in accordance with substantial justice.
133. If the Court directs the decree or order to be carried into execu- Security on tion, the party in whose favour it is made shall, before the execution of it, execution. give security to the satisfaction of the Court for the due performance of such order as Her Majesty in Council may think fit to make.
134. If the Court direct the execution of the decree or order to be Security on suspended pending the appeal, the party against whom the decree is made suspension, shall, before any order for suspension or execution, give security to the satisfaction of the Court for the due performance of such order as Her Majesty in Council may think fit to make.
Security on apper'.
Leave to appeal.
Leave in other
cases.
Liberty to
ingly.
Saving for other rights of appeal.
Appeal on
Court in
criminal os868
176
ORDER IN COUNCIL
135. In all cases security shall also be given by the appellant to the satisfaction of the Court to an amount not exceeding 2,500 dollars for the prosecution of the appeal, and for payment of such costs as may be awarded to any respondent by Her Majesty in Council, or by the Lords of the Judicial Committee of Her Majesty's Privy Council.
136. If the last-mentioned security is given within one month from the filing of motion paper for leave to appeal, then and not otherwise the Supreme Court may give leave to appeal.
137. In any cases other than the cases hereinbefore described the Supreme Court may give leave to appeal on the terms and in the manner aforesaid if it consider it just or expedient to do so.
138. In every case where leave to appeal is given as aforesaid, the appellant shall be at liberty to prefer and prosecute his appeal to Her Majesty in Council according to the rules for the time being in force respecting appeals to Her Majesty in Council from her colonies, or such other rules as Her Majesty in Council from time to time thinks fit to make concerning appeals from the Supreme Court.
139. Nothing in this Order shall affect the right of Her Majesty at any time, on the humble petition of a party aggrieved by a decision of the Supreme Court in a civil case, to admit his appeal thereon on such terms and in such manner as Her Majesty in Council may think fit, and to deal with the decision appealed from in such manner as may be just.
140. Where any judgment, order, or sentence of the Supreme Court question of law is given, made, or passed in the exercise of either original or appellate from Supreme
criminal jurisdiction, the party charged with the crime or offence, if he considers the judgment, order, or sentence to be erroneous in point of law, may appeal therefrom to Her Majesty in Council, provided that the Supreme Court declares the case to be a fit one for such appeal, and that the appellant complies with such conditions as the Supreme Court establishes or requires, subject always to such rules as from time to time Her Majesty in Council thinks fit to make in that behalf.
Saving for prerogative of pardon,
Saving for
power.
XIX.-GENERAL PROVISIONS.
141. Nothing in this Order shall be deemed to affect Her Majesty's prerogative of pardon.
142. Except as in this Order expressly provided, nothing in this Order general Consular shall preclude any of Her Majesty's Consular Officers in China or in Japan from performing any act not of a judicial character that Her Majesty's Consular Officers there might by law or by virtue of usage, or sufferance, or otherwise have performed if this Order had not been made. 143. Every of Her Majesty's Consular Officers shall, as far as there is betore litigation. proper opportunity, promote reconciliation, and encourage and facilitate the settlement in an amicable way, and without recourse to litigation, of matters in difference between British subjects in China or in Japan.
Reconciliation
Presumption as to signaturea and seals.
Minutes of proceedings.
144. Every signature or seal affixed to any instrument purporting to be the signature of the Judge of the Supreme Court, or of any officer or person acting under this Order, or to be the seal of any of Her Majesty's Courts in China or in Japan, shall for all purposes under this Order, without any proof thereof, be presumed to be genuine, and shall be taken as genuine until the contrary is proved.
145. In every case, civil or criminal, heard in any Court, proper minutes of the proceedings shall be drawn up, and shall be signed by the Judge or Officer before whom the proceedings are taken, and sealed with the seal of the Court, and shall, where Assessors are present, be open for their inspection and for their signature if concurred in by them.
The minutes, with depositions of witnesses and notes of evidence taken at the trial, by the Judge or Officer, shall be preserved in the public office of the Court.
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146. In a civil case any Court may order such cost or costs, charges, costs in çivil and expenses as to the Court seem reasonable, to be paid by any party to cases. the proceeding, or out of any fund to which the proceeding relates.
147. Any Court, either of its own motion, or, in civil cases, on the Witnesses: application of any arty to any suit or proceeding or reference, may summon British subjects. as a witness any British subject in China or in Japan,-but so that a Provincial Court shall have power so to summon British subjects in its own district only.
Any British subject, duly served with such a summons, and with reasonable notice of the time and place at which his attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court, shall over and above any other liability to which he may be subject, be liable to a fine not exceeding 500 dollars, or to imprisonment for any term not exceeding one month, in the discretion of the Court.
witnesses in
148. In civil cases any Court may, where the circumstances appear to Expenses of justify it, order that the expenses of a witness, on his appearing to give Civil cases. evidence, shall be defrayed by the parties or any of them.
149. Any person appearing before a Court to give evidence in any case, Examination civil or criminal, may be examined or give evidence on oath in the form or on oath, with the ceremony that he declares to be binding on his conscience.
150. Any British subject wilfully giving falso evidence in any suit or Perjury. proceeding, civil or criminal, or on any reference, shall, on conviction thereof, be deemed guilty of wilful corrupt perjury.
151. All costs and all charges and expenses of witnesses, prosecutions, Enforcing pay. punishments and deportations, and other charges and expenses, and all ment costa fees, fines, forfeitures, and pecuniary penalties payable under this Order, other moneys. penalties, an Í may be levied by distress and seizure and sale of ships, goods, and lands;
and
no bill of sale, or mortgage, or transfer of property, made with a view
to security in regard to crimes or offences committed, or to be committed,
shall be of any avail to defeat any provisions of this Order.
money".
152. All fees, fines, forfeitures, confiscations, and pecuniary penalties Application of by treaty appropriated or payable to the Government of China, or to that fees and other,
the Tycoon of Japan, shall be carried to the public accounts, and be applied in diminution of the public expenditure on account of Her Majesty's Courts of China and Japan; but if the Government of China or that of the Tycoon of Japan declines to receive any confiscation or pecuniary penalty by treaty appropriated or payable to it, the same shall be applied as other confiscations and pecuniary penalties are applicable.
of prisoners.
153. Whenever under this Order any person is to be taken in custody Mode of removal or otherwise, for trial or imprisonment, or by way of deportation, or for any other purpose to the Supreme Court or elsewhere in China or Japan, or to Hongkong, England, or elsewhere, the Court, or other authority by this Order authorized to cause him to be so taken, may for that purpose (if necessary) cause him to be embarked on board one of Her Majesty's vessels of war, or if there is no such vessel available, then on board any British or other fit vessel, at any port or place, whether within or beyond the particular jurisdiction or district of that Court or authority, and in order to such embarkment may (if necessary) cause him to be taken in custody or otherwise, by land or by water, from any place to the port or place of embarkment.
The writ, order, or warrant of the Supreme Court for China and Japan, or of a Provincial Court in China or Japan, or of the Supreme Court of Hongkong, or the warrant of the Governor or person administering the Government of Hongkong (as the case may be), by virtue whereof any person is to be so taken, shall be sufficient authority to every constable, officer, or other person acting thereunder, and to the commander or master of any vessel of war, or other vessel (whether the constable, officer, or other
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Punishment for
178
ORDER IN COUNCIL
person, or the vessel or the commander or master thereof, is named therein or not), to receive, detain, take, and deliver up such person, according to the writ, order, or warrant.
Where the writ, order, or warrant is executed under the immediate direction of the Court or authority issuing it, the writ, order, or warrant shall be delivered to the constable, officer, or other erson acting there under, and a duplicate thereof shall be delivered to the commander or master of any vessel in which the person to whom the writ, order, or warrant relates is embarked.
Where the writ, order, or warrant issues from the Supreme Court for China and Japan, and is executed by a Provincial Court in China or Japan, and where the writ, order, or warrant issues from the Supreme Court of Hongkong, and is executed by any of Her Majesty's Courts in China or Japan, a copy thereof, certified under the seal of the Court executing the same, shall be delivered to the constable, officer, or other person acting thereunder, and to the commander or master of any vessel in which the person taken is embarked; and any such copy shall e for all purposes conclusive evidence of the Order of which it purports to be
a copy.
154. Subject to the other provisions of this Order, all expenses of removal of prisoners and others from or to any place in China or Japan, or from or to Hongkong, and the expenses of deportation and of the sending of any person to England, shall be defrayed as the expenses relating to distressed British subjects are defrayed, or in such other manner as one of Her Majesty's Principal Secretaries of State from time to time directs.
155. If any British subject wilfully obstructs, by act or threat, an obstructions or officer of a Court in the performance of his duty,-
disturbance of
Court,
Misconduct of officers of Court.
Order for re- payment,
Or within or close to the room or place where a Court is sitting wilfully behaves in a violent, threatening, or disrespectful manner, to the distur ance of the Court, or the terror of the suitors or others resorting thereto,-
Or wilfully insults the Judge, Assistant Judge, or Law Secretary of the Supreme Court, or any Consular Officer, or any Juror or Assessor, or any clerk or officer of a Court during his sitting or attendance in Court, or in going to or returning from Court,-
He shall be liable to be immediately apprehended by order of the Court, and to be detained until the rising of the Court, and further, on due inquiry and consideration, to be punished with a fine not exceeding 25 dollars, or imprisonment for any term not exceeding seven days, at the discretion of the Court, according to the nature and circumstances of the case.
A minute shall be made and kept of every such case of punishment, recording the facts of the offence and the extent of the punishment, and in the case of a Provincial Court a copy of such minute shall be forthwith sent to the Supreme Court.
I
156. If any clerk or officer of a Court acting under pretence of the process or authority of the Court is charged with extortion or with not duly paying any money levied, or with other misconduct, the Court may (without prejudice to any other liability or punishment to which the clerk or officer would in the absence of the resent provision be liable) enquire into the charge in a summary way, and for that purpose summon and enforce the attendance of all necessary persons in like manner as the attendance of witnesses and others may be enforced in a suit, and make such order thereupon for the repayment of any money extorted or for the due payment of any money levied, and for the payment of such damages and costs as
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179
the Court thinks just; and the Court may also, if it thinks fit, impose such fine upon the clerk or officer, not exceeding 50 dollars for each offence, Fine. as seems just.
done under
157. Any suit or proceeding shall not be commenced in any of Her Suits for things Majesty's Courts in China or Japan, or in any Court of Hongkong, against Order. any person for anything done or omitted in pursuance or execution or intended execution of this Order, or of any Regulation or Rule made under it, unless notice in writing is given by the intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the suit or proceeding, nor unless it is commenced within three months next after the act or omission complained of, or, in case of continuation of damages, within three months next after the doing of such damages has ceased.
The plaintiff in any suit shall not succeed if tender of sufficient amends is made by the defendant before the commencement thereof; and if no tender is made, the defendant may, by lrave of the Court, at any time pay into Court such sum of money as he thinks fit, whereupon such proceeding and order shall be bad and made in and by the Court as may be had and made on the payment of money into Court in an ordinary suit.
· XX. HONGKONG.
warrant or
158. Where a warrant or order of arrest is issued by any of Her Majesty's Backing of Courts in China or Japan for the apprehension of a British subject, who order. is charged with having committed a crime or offence within the jurisdiction of the Court issuing the warrant or order, and who is or is supposed to be in Hongkong, and the warrant or order is produced to any of Her Majesty's Justices of the Peace in and for Hongkong, such Justice may back the warrant or order, and the same when so backed shall be sufficient authority to the person to whom the warrant or order was originally directed, and also to any constable or other peace officer in and for Hongkong, to apprehend the accused in Hongkong, and to carry him to and deliver him up within the jurisdiction of the Court issuing the warrant or order, according to the warrant or order.
Macso.
159. The Supreme Court of Hongkong may take cognizance of offences Jurisdiction at committed by British subjects within the peninsula of Macao, and of suits originating there, when the party offending or the party sued comes or is found within the jurisdiction of that Court; but that Court shall not have power to issue any warrant or writ to be executed or served within that peninsula.
jurisdiction of
160. Save as expressly provided by this Order, all jurisdiction, power, Abolition of and authority of the Supreme Court of Hongkong exercisable in relation Court in China to British subjects resident in or resorting to China or Japan, shall, from and Japan. the commencement of this Order, absolutely cease.
XXI.-REPEALS.
Ordinances
161. From and immediately after the commencement of this Order, Orders and the Orders in Council or any Consular Ordinances described in the repealed. Schedule to this Order shall be repealed; but this repeal shall not affect the past operation of any such Order or Ordinance, or any appointment made or thing done, or right, title, obligation, or liability acquired or accrued thereunder before the commencement of this Order.
XXII-PENDING PROCEEDINGS.
proceedings
162. Nothing in this Order, or in any Rules made under it, shall Saving for apply to or in any manner affect any suit or proceeding, either of a civil Pending or of a criminal nature, pending at the commencement of this Order, either with reference to the original proceedings therein or with reference
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Times of com- menosment.
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ORDER IN COUNCIL
to any appeal therein, or otherwise, subject nevertheless to the following provisions and qualifications:-
(1.) All suits and proceedings, whether of a civil or of a criminal nature, instituted or taken before the commencement of this Order in the district of the Consulate of Shanghai, and pending at the commencement of this Order, are hereby transferred to the jurisdiction of the Supreme Court, and the same may be carried on and shall be tried, heard, and determined in and by the Supreme Court in like manner as nearly as may be in all respects as if the same had been instituted or taken in the district of the Consulate of Shanghai after the commencement of this Order.
(2.) In any suit or proceeding, whether of a civil or of a criminal nature, the Court before which the same is pending at the com- mencement of this Order, after hearing the parties, either of its own motion, or on the application of either party, or by consent, may, if it sees fit, from time to time direct that the procedure and practice prescribed by this Order, or by any Rule made under it, be followed in any respect.
163. Nothing in this Order shall take away any right of appeal of any suit of a civil nature pending at the commencement of this Order,-or inter- fere with the bringing or prosecution of any appeal in any such suit that might have been brought or prosecuted if this Order had not be、n made, -or take away or abridge any jurisdiction, power, or authority of any Court, Judge, Officer, or person in relation to any appeal in any such suit, or to the execution or enforcement of any judgment, decree, or order made before or after the commencement of this Order, in or respecting any appeal in any such suit; and notwithstanding this Order, any appeal in any such suit shall lie and may be brought and prosecuted, and any such judgment, decree, or order may be made, executed, and enforced in like manner and with the like effect and consequences in all respects as if this Order had not been made subject only to this qualification: that in case of any appeal which, if this Order had not been made, would have lain or been heard and determined to or by the Chief Superintendent, or to or by Her Majesty's Consul-General in Japan, the same shall lie to and be heard and determined by the Supreme Court in a like course of procedure as nearly as may be in all respects as if this Order had not been made.
XXIII.-COMMENCEMENT AND PUBLICATION of Order.
164. This Order shall commence and bave effect as follows:-
(1.) As to the making of any warrant or appointment under this Órder, immediately from and after the making of this Order: (2.) As to the framing of Rules by the Judge of the Supreme Court, and the approval thereof by one of Her Majesty's Principal Secretaries of State, immediately from and after the first appoint- ment under this Order of a Judge of the Supreme Court: (3.) As to all other matters and provisions comprised and contained in this Order, immediately from and after the expiration of one month after this Order is first exhibited in the public office of Her Majesty's Consul at Shanghai; for which purpose Her Majesty's Consul at Shanghai is hereby required forthwith, on receipt by him of a copy of this Order, to affix and exhibit the same conspicuously in his public office, and he is also hereby required to keep the same so affixed and exhibited during one month from the first exhibition thereof, and of the time of such first exhibition notice shall, as soon thereafter as practicable, be published in every Consular District in China and in Japan, in such manner as Her Majesty's Ministers there respectively direct.
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And, nothwithstanding anything in this Order, the time of the expiration of the said month shall be deemed to be the time of the commencement of this Order.
165. A copy of this Order shall be kept exhibited conspicuously in Proclamation each Court and Consulate in China and in Japan.
Printed copies shall be provided and sold at such reasonable prices as Her Majesty's Minister in China directs.
And the Right Honourable the Earl Russell, and the Right Honour- able Edward Cardwell, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.
(Signed)
EDMUND HARRISON.
of Order.
The SCHEDULE to which the foregoing Order refers.
Orders in Council Repealed.
CHINA.
JAPAN.
9 DECEMBER,
1833 (Two Orders.) 23 JANUARY,
1860
4 JANUARY,
1843
4 FEBRUARY,
1861
24 FEBRUARY,
1843
12 SEPTEMBER,
1863
2 OCTOBER,
1843
7 JANUARY,
1864
17 APRIL,
1844
13 JUNE,
1853
2 FEBRUARY,
1857
3 MARCH,
1859
12 SEPTEMBER, 1863
9 JULY,
1864
Consular Ordinances Repealed.
No. 1.-19 JANUARY, 1854. Deserters.
No. 2.-31 MARCH, 1854.
Lunatics; Coroner.
No. 1.-17 JANUARY,
1855.
Neutrality.
No. 1.5 MARCH,
1856.
Insolvents.
No. 2.-29 MAY,
1856.
Removal of Prisoners, &c.
[!
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CHINA AND JAPAN ORDER IN COUNCIL, 1877
THE CHINA AND JAPAN ORDER IN COUNCIL, 1877
At the Court at Windsor, the 30th day
OF APRIL, 1877.
PRESENT:
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
Whereas by the China and Japan Order in Council, 1865, Her Majesty the Queen was pleased, by the advice of Her Privy Council, to make provision for the exercise of Her Majesty's power and jurisdiction over Her Majesty's subjects resident in or resorting to China or Japan:
And whereas in China and Japan additional ports may be from time to time opened to foreign trade, and it is expedient to provide for the exercise at those ports of Her Majesty's power and jurisdiction before the establishment there of Commissioned Consular Officers :
Now, therefore, Her Majesty, by virtue of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1875, and by the Act of the Session of the sixth and seventh years of Her Majesty's Reign, chapter eighty, "for the better government of Her Majesty's subjects resorting to China," or otherwise, in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
1.-The provisions of Article 25 of the China and Japan Order in Council, 1865, and all provisions of that Order consequent thereon or relative thereto, shall extend and apply to every person (not holding a Consular Commission from Her Majesty) from time to time appointed by Her Majesty's Minister in China or Japan to be Acting Consul, and to be resident at a port in China or Japan, which is for the time being open to foreign trade, and at which no Commissioned Consular Officer of Her Majesty is resident.
2.-For the purposes and within the mearing of the said Order, every person so appointed as an Acting Consul shall be deemed a Consular Officer, and the district for which he is appointed to act shall be deemed a Consular District, and the Court held by him shall be deemed a Provincial Court.
3.-Words in this Order have the same meaning as in the said
C. L. PEEL.
Order.
ORDER IN COUNCIL, 1877.
By an Order in Council dated 23rd October, 1877, the jurisdiction of the Supreme Court of Hongkong was extended to cases occurring in any place on land being within ten miles of any part of the Colony, the said jurisdiction being in addition to and concurrent with any power or jurisdiction possessed by the Supreme Court for China or Japan or any Provincial Court under the Order in Council of the 9th March, 1865.
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AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, THE 14TH DAY
or August, 1878.
PRESENT:
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
Whereas Her Majesty the Queen has power and jurisdiction over Her Majesty's subjects resident in or resorting to China and Japan:
Now, therefore, Her Majesty, by virtue of the powers in this behalf by the Foreiga Jurisdiction Acts, 1843 to 1875, and by the Act of Parliament of the session of the sixth and seventh years of Her Majesty's reign (chapter 80), "for the better government of Her Majesty's subjects resorting to China," or otherwise, in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
Preliminary.
1. This Order may be cited as "The China and Japan Order in Council, 1878." 2. This Order shall commence and have effect as follows:-
(a.) As to the making of any warrant or appointment under this Order, imme- diately from and after the making of this Order.
(b.) As to all other matters and provisions comprised and contained in this Order, immediately from and after the expiration of one month after this Order is first exhibited in the public office of Her Majesty's Consul-General for the district of the Consulate at Shanghai; for which purpose Her Majesty's Consul-General or other principal Consular Officer for the time being for that district is hereby required forth- with, on receipt by him from Her Majesty's Minister in China of a copy of this Order, with instructions in this behalf, to affix and exhibit this Order conspicuously in that public office, and to keep the same affixed and exhibited during one month there- after; of the time of which first exhibition notice shall be published as soon there- after as practicable in each Consular district in China and in Japan, in such manner as Her Majesty's Ministers there respectively direct; and the time of the expiration of that month shall be deemed the time of the commencement of this Order.
3.-(1.) Articles 9 to 22, both inclusive, of the China and Japan Order in Council, 1865, are hereby revoked.
"
(2.) Articles 36 and 37 of that Order are bereby revoked as regards Javan only (3.) In this Order "The Secretary of State means one of Her Majesty's Principal Secretaries of State.
(4.) Subject to the foregoing provisions, this Order shall be read as one with the China and Japan Order in Council, 1865.
(5.) A copy of this Order shall be kept exhibited conspicuously in each Court
and Consulate in China and in Japan.
(6.) Printed copies thereof shall be provided, and shall be sold at such reason- able price as Her Majesty's Ministers there respectively direct.
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Supreme Court for China and Japan.
4.-(1.) There shall be a Chief Justice and an Assistant-Judge of the Supreme Court of China and Japan.
(2.)_The Assistant-Judge shall be the Registrar of the Supreme Court; and the office of Law Secretary of the Supreme Court is hereby abolished.
(3.) The Assistant-Judge shall hear and determine such causes and matters, civil and criminal, and transact such other part of the business of the Supreme Court, as the Chief Justice from time to time, by general order or otherwise, directs; and for that purpose the Assistant Judge shall have all the like jurisdiction, power, and authority as the Chief Justice.
(4.) Any party to a suit or proceeding wherein any matter or question is heard and determined by the Assistant-Judge shall be entitled, as of course, to a rebearing before the Chief Justice, sitting with the Assistant-Judge, or, in the unavoidable absence of the Assistant-Judge, alone.
(5.) If, on any such rehearing, there is a difference of opinion between the Chief Justice and the Assistant Judge, the opinion of he Chief Justice shall prevail.
(6.) Throughout the China and Japan Order in Council, 1865, and the Rules made thereunder, the Chief Justice of the Supreme Court shall, as regards China, be deemed to be therein substituted for the Judge of the Supreme Court.
(7.) There shall be attached to the Supreme Court a Chief Clerk, and so many officers and clerks as the Secretary of State from time to time thinks fit.
Court of Japan.
5.-(1.) There shall be in and for Japan & Court styled Her Britannic Majesty's Court for Japan.
(2.) The Court for Japan shall have a seal, bearing its style and such device as the Secretary of State from time to time directs.
(3.) The Court for Japan shall hold its ordinary sitting at Kanagawa, or, on emergency, at any other place within the district of the Consulate of Kanagawa, but may at any time transfer its ordinary sittings to any place in Japan approved by the Secretary of State or by Her Majesty's Minister in Japan.
(4.) There shall be a Judge and an Assistant-Judge of the Court for Japan.
(5.) The Assistant-Judge shall hear and determine such causes and matters, civil and criminal, and transact such other part of the business of the Court, as the Judge from time to time by general order, or otherwise, directs; and for that purpose the Assistant-Judge shall have all the like jurisdiction, power, and authority as the Judge.
(6.) Any party to a suit or proceeding wherein any matter or question is heard and determined by the Assistant-Judge shall be entitled, as of course, to a rehearing before the Judge, sitting with the Assistant-Judge, or, in the unavoidable absence of the Assistant-Judge, alone.
(7.) If, on any such rehearing, there is a difference of opinion hetween the Judge and the Assistant-Judge, the opinion of the Judge shall prevail.
(8.) In Japan, persons accused of crimes which in England are capital shall be tried by the Judge of the Court for Japan, with a jury, and not otherwise.
(9.) There shall be attached to the Court for Japan a Chief Clerk, and so many officers and clerks as the Secretary of State from time to time thinks fit.
Jurisdiction in Japan.
6.-(1.) Her Majesty's Consul for the district of the Consulate of Kanagawa shall cease to hold and form a Provincial Court.
(2.) Unless and until the Secretary of State otherwise directs, Her Majesty's Consul for the time being for the district of the Consulate of Kanagawa shall be the Assistant-Judge of the Court for Japan.
(3.) All Her Majesty's jurisdiction, civil and criminal, exercisable in Japan sball, for and within the district of the Consulate of Kanagawa, be vested in the Court for Japan as its ordinary jurisdiction.
(4.) All Her Majesty's jurisdiction, civil and criminal, exercisable in Japan beyond the district of the Consulate of Kanagawa, and not under this Order vested
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in the Court for Japan, shall, to the extent and in the manner provided by the China and Japan Order in Council, 1865, as modified by this Order, be vested in the Pro. vincial Courts in Japan, each for and within its own district.
(5.) The Court for Japan shall have, in ail matters, civil and criminal, an extra- ordinary original jurisdiction throughout Japan, concurrent with the jurisdiction of the several Provincial Courts in Japan, the same to be exercised subject and accord- ing to the provisions of the China and Japan Order in Council, 1865, as modified by this Order.
7.-(1.) Subject to the provisions of this Order, the provisions of the China and Japan Order in Council, 1865, and the Rules in force in the Supreme Court and other Courts in China and Japan made under that Order, shall extend and apply to the Court for Japan, as if the same were a Court (not a Provincial Court) established under the Order.
(2.) For the purpose of the application thereof to the Court for Japan, in Articles 23, 24, 38, 39, 41, 42, 43, 47, 54 to 57, 59, 61, 62, 67, 68, 69, 72, 74, 77 to 80, 83, 93, 99, 102, 105, 108 to 111, 117, 119, 120 to 126, 144, 153, 155, all inclusive, of that Order, and throughout those Rules, there shall, as regards Japan, be deemed to be substituted Japan for China or for China and Japan, Kanagawa for Shanghai, the Court for Japan for the Supreme Court for China and Japan, and the Judge and Assistant-Judge of the Court for Japan for the Judge and Assistant-Judge of the Supreme Court; but not so as to affect those Articles and Rules as regards operation thereof in and for China.
8.-(1.) Article 119 of the China and Japan Order in Council, 1865, relative to appeals in civil cases to the Supreme Court for China and Japan, shall extend and apply to appeals from decisions of the Court for Japan, as if the same were a Pro- vincial Court within that Article; and that Article, and the Rules therein referred to, shall accordingly, notwithstanding anything in this Order, apply to appeals from the Court for Japan to the Supreme Court for China and Japan; but the last mentioned appeals shall not be heard except by the Chief Justice of the Supreme Court, sitting with the Assistant-Judge of that Court, or, in the unavoidable absence of the Assistant-Judge, alone.
(2.) If, on any such appeal, there is a difference of opinion between the Chief Justice and the Assistant-Judge, the opinion of the Chief Justice shall prevail.
(3.) Articles 120 to 126, both inclusive, of the China and Japan Order in Council, 1865, relative to appeals to the Supreme Court for China and Japan in criminal cases, shall extend and apply to appeals to that Court in cru.inal cases from decisions of the Court for Japan, both in cases originally tried in the Court for Japan and in cases brought by virtue of this Order before that Court, under th. se Articles, by way of appeal from any Court or Officer in Japan; and, for the purposes of this Article, the Court for Japan shall, in cases so brought before it by way of appeal, be deemed to be the Court trying the case.
Judges in China and Japan.
9.-1.) The Chief Justice and Assistant-Judge of the Supreme Court and the Judge and Assistant-Judge of the Court for Japan shall each be appointed by Her Majesty by warrant under Her Royal Sign Manual, subject and according to Article 23 of the China and Japan Order in Council, 1865.
(2.) The Chief Justice and the Judge shall each be a subject of Her Majesty by birth or naturalization, who, at the time of his appointment, is a member of the Bar of England, Scotland, or Ireland, of not less than seven years' standing.
10.-(1.) In the case of the death or illness, or the absence or intended absence from the district of the Consulate of Shanghai, of the Chief Justice or of the Assistant-Judge of the Supreme Court, Her Majesty's Minister in China may appoint a fit person to be the Acting Chief Justice or to be the Acting Assistant-Judge (as the case may require) : but, unless in any case the Secretary of State otherwise directs, the Assistant- Judge, if present and able to act, shall always be appointed to be Acting Chief Justice.
(2.) In case of the death or illness, or the al sence or intended absence from the district of the Consulate of Kanagawa, of the Judge or of the Assistant-Judge of the
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Court for Japan, Her Majesty's Minister in Japan may appoint a fit person to be the Acting Judge or to be the Acting Assistant-Judge (as the case may require).
}
Vice-Admiralty Jurisdiction.
11.-Any roceeding taken in China or Japan against one of Her Majesty's vessels, or the officer commanding the same, as such, in respect of any claim cognisable in a Court of Vice-Admiralty, shall be taken only in the Supreme Court or in the Court for Japan, under the Vice-Admiralty jurisdiction thereof, respectively.
Pending Proceedings.
12.-Nothing in this Order shall affect any suit or proceedings, civil or criminal, pending at the commencement of this Order, with reference either to the original proceedings therein, or to any a peal therein, or otherwise; save that all suits and proceedings, civil or criminal, instituted or taken in the district of the Consulate of Kanagawa before and pending at the commencement of this Order are hereby trans- ferred to the jurisdiction of the Court for Japan; and the same may be carried on and shall be tried, heard, and determined, in and by the Court for Japan, as nearly as may be, as if the same had been instituted or taken in the district of the Consulate of Kanagawa after the commencement of this Order.
And the Most Honourable the Marquis of Salisbury, and the Right Honourable Sir Michael Edward Hicks-Beach, Baronet, two of Her Majesty's Principal Secreta- ries of State, and the Lords Commissioners of the Treasury, and Lords Commis- sioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.
C. L. PEEL.
THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.
PRESENT:
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS Her Majesty the Queen has power and jurisdiction in relation to Her Majesty's subjects and others in the dominious of the Empe or of China and the dominions of the Mikado of Japan:
Now, therefore, Her Majesty, by virtue and in exercise of the powers in this be- half by the Foreign Jurisdiction Acts, 1843 to 1878, or otherwise, in Her ve ted, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
Preliminary.
1. This order may be cited as the China and Japan Order in Council, 1881. 2. This order shall, except as otherwise expressed, commence and take effect from and immediately after the 31st day of December, 1881, which time is in this Order referred to as the commencement of this Order.
3. In this Order-
"China
99
"
means the dominions of the Emperor of China: Japan means the dominions of the Mikado of Japan : Minister "
means superior Diplomatic Representative, whether Ambassador, Euvoy, Minister Plenipotentiary, or Chargé d'Affaires :
"Consular Officer" includes every officer in Her Majesty's Consular Service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person authorised to act in any such capacity in China or in Japan;
"British subject" means a subject of Her Majesty, whether by birth or by
naturalisation:
"Foreigner" means a
means a subject of the Emperor of China or of the Mikado of Japan, or a subject or citizen of any other State in amity with Her Majesty:
CHINA AND JAPAN ORDER IN COUNCIL, 1881
187
"Treaty" includes Convention, and any Agreement, Regulations, Rules, Ar- ticles, Tariff, or other instrument annexed to a Treaty, or agreed on in pursuance of anv stipulation thereof:
""
"Month meats calendar month:
Words importing the plural or the singular may be construed as referring to one person or thing, or more than one person or thing, and words importing the masculine as referring to females (as the case may require).
Repeal.
4.-Subject to the provisions of this Order, Articles Eighty-five to Ninetv-one, inclusive, of the China and Japan Order in Council, 1865, authorising the making of Regulations for the purposes and by the authority therein mentioned and the Regulations made thereunder, dated respectively 11th July, 1866, and 16th November, 1866, relating to mortgages, bills of sale, and proceedings against partnerships or partners or agents therof, and Rule 252 of the Rules of the Supreme Court and other Courts in China and Japan of 4th May, 1865, relating to proceedings by or against partnerships, and Articles One hundred and seventeen and One hundred and eighteen of the China and Japan Order in Council, 1865, relating to foreigners and for ign tribunals, are hereby repealed, from the commencement of this Order; but this repeal does not affect any right, title, obligation, or liability acquired or accrued before the commencement of this Order.
Confirmation of Regulations not Repealed.
5. Such Regulations as are described in the Schedule to this Order being Regulations made or expressed or intended to be made or in execution of the powers conferred by Acticles Eighty-five to Ninety-one of the China and Japan Order in Council, 1865, and all other Regulations made or expressed or intended to be so wale and having been approved or, in case of urgency, not disapproved, under that Order, before the commencement of this Order, except the Regulations expressed to be repealed by this Order, are hereby confirmed, as from the passing of this Order and the same, as far as they are now in force, shall be in force and shall be deemed to have always been of the like validity and effect as if they had been originally made by Order in Council.
Authority for further Regulations.
6.-Her Majesty's Minister in China may from time to time, subject and according to the provisions of this Order, make such Regulations as to him seem fit for the peace, order, and good government of British subjects, resident in or resorting to China.
7. The power aforesaid extends to the making of Regulations for securing observance of the stipulations of Treaties between Her Majesty, Her Heirs and Successors, and the Emperor of China, and for maintaining friendly relations between British subjects and Chinese subjects and authorities.
8. Her Majesty's Minister in China may, as he thinks fit, make any Regulation under this Order extend either throughout China or to some one or more only of the Consular districts in China.
9.-Her Majesty's Minister in China, in the exercise of the powers aforesaid, may, if he thinks fit, join with the Ministers of any foreign Powers in amity with Her Majesty in making or adopting Regulations with like objects as the Regulations described in the Schedule to this Order, commonly called the Shanghai Land Regulations, or any other Regulations for the municipal government of any foreign concession or settlement in China; as regards British subjects, joint Regulations so made shall be as valid and binding as if they related to British subjects only.
10.-Her Majesty's Minister in China may, by any Regulation made under this Order, repeal or alter any Regulation made under the China and Japan Order in Council, 1865, or under any prior like authority.
11.-(a) Regulations made under this Order shall not have effect unless and until they are approved by Her Majesty the Queen, that approval being signified through one of Her Majesty's Principal Secretaries of State,-save that, in case of
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urgency declared in any such Regulations, the same shall take effect before that approval, and shall continue to have effect unless and until they are disapproved by Her Majesty the Queen, that disapproval being signified through one of Her Majesty's Principal Secretaries of State, and until notification of that disapproval has been received and published by Her Majesty's Minister in China.
(b.) That approval, where given, shall be conclusive, and the validity and regularity of any Regulations so approved shall not be called in question in any legal proceeding
whatever.
12.-Any Regulations made under this Order may, if Her Majesty's Minister in China thinks fit, impose penalties for offences against the same.
13.-Penalties so imposed shall not exceed the following, namely:-For any offence imprisonment for three months, with or without hard labour, and with or without a fine of $500, or a fine of $500 without imprisonment, with or without a further fine for a continuing offence of $25 for each day during which the offence continues after the original fine is incurred.
14.-Regulations imposing penalties shall be so framed as to allow in every case of part only of the highest penalty being inflicted.
15.-All Regulations made under this Order, whether imposing penalties or not, shall be printed, and a printed copy thereof shall be affixed, and be at all times kept exhibited conspicuously in the public office of each Consulate in China.
16.---Printed copies of the Regulations shall be kept on sale at such reasonable price as Her Majesty's Minister in China from time to time directs.
in
17.-Where a Regulation imposes a penalty, the same shall not be enforceable any Consular district until a printed copy of the Regulation has been affixed in the public office of the Consulate for that district, and has been kept exhibited conspicuously there during one month.
18.-A charge of an offence against a Regulation made under this Order, imposing a penalty, shall be enquired of, heard, and determined as an ordinary criminal charge under the China and Japan Order in Council, 1865, except that (nothwithstanding anything in that Order) where the Regulation is one for securing observance of the stipulations of a Treaty, the charge shall be heard and determined in a summary way, and (where the proceeding is before a Provincial Court) without Assessors.
19.-A printed copy of a Regulation, purporting to be made under this Order, and to be certified under the hand of Her Majesty's Minister in China, or under the hand and Consular sal of one of Her Majesty's Consular Officers in China, shall be conclusive evidence of the due making of the Regulation, and of its contents.
20.-The foregoing provisions authorising Regulations for China are hereby extended to Japan, with the substitution of Japan for China, and of the Mikado of Japan for the Emperor of China, and of Her Majesty's Minister in Japan for Her Majesty's Minister in China, and of Her Majesty's Consular Officers in Japan for Her Majesty's Consular Officers in China.
Prison Regulations.
21.-The respective powers aforesaid extend to the making of Regulations for the government, visitation, care, and superintendence of prisons in China or in Japan,- and for the infliction of corporal or other punishment on prisoners committing offences against the rules or discipline of a prison; but the provisions of this Order respecting penalties, and respecting the printing, affixing, exhibiting, and sale of Regulations, and the mode of trial of charges or offences against Regulations do not apply to Regulations respecting prisons and offences of prisoners.
Mortgages.
22.-A deed or other instrument of mortgage, legal or equitable, of lands or houses in China or in Japan, executed by a British subject, may be registered at any time after its execution at the Consulate of the Consular district wherein the property mortgaged in situate.
AN
23. Registration is made as follows:-The original and a copy of the deed or other instrument of mortgage, and an affidavit verifying the execution and place of
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execution thereof, and verifying the copy, are brought into the Consulate; and the copy and affidavit are left there.
24.-If a deed or other instrument of mortgage is not registered at the Con- sulate aforesaid within the respective times following (namely):
(i.) Within fourteen days after its execution, where it is executed in the Consular district wherein the property mortgaged is situate:
(îî.) Within two months after its execution, where it is executed in China or Japan, elsewhere than in that Consular district, or in Hongkong :
(iii.) Within six months after its execution, where it is executed elsewhere than in China, Japan, or Hongkong:
then, and in every such case, the mortgage debt secured by the deed or other instru- ment, and the interest thereon, shall not have priority over judgment or simple con- tract debts contracted before the registration of that deed or other instrument.
25.-Registered deeds or other instruments of mortgage, legal or equitable, of the same lands or houses have, as among themselves, priority in order of registration. 26.-(a.) The provisions of this Order do not apply to a deed or other instru- ment of mortgage executed before the commencement of this Order.
(b.) As regards a deed or other instrument of mortgage executed before the commencement of this Order, the Regulations repealed by this Order shall, notwith- standing that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had originally been made by Order in Council.
27. The power conferred on the Chief Justice of the Supreme Court for China and Japan by Article 127 of the China and Japan Order in Council, 1865, of framing Rules from time to time, is hereby extended to the framing of Rules for prescribing and regulating the making and keeping of indexes, and of a general index to the re- gister of mortgages, and searches in those indexes, and other particulars connected with the making, keeping, and using of those registers and indexes, and for authoris- ing and regulating the unregistering of any deed or other instrument of mortgage, or the registering of any release or satisfaction in respect thereof.
Bills of Sale.
28.-The provisions of this Order relating to bills of sale-
(i.) Apply only to such bills of sale executed by British subjects as are intended to affect chattels in China or in Japan :
•
(ii.) Do not apply to bills of sale given by sheriffs or others under or in execu- tion of process authorising seizure of chattels.
29.-(a.) Every bill of sale must conform with the following rules (namely): (1.) It must state truly the name, description, and address of the grantor. (2.) It must state truly the consideration for which it is granted.
(3.) It must have annexed thereto or written thereunder an inventory of the chattels intend. d to be con prised therein.
(4) Any defeasance, condition, or declaration of trust affecting the bill not contained in the body of the bill must be written on the same paper as the bill.
(5.) The execution of the bill must be attested by a credible witness, with his address and description.
(b.) Otherwise, the bill is void in China and in Japan to the extent following, but not further (that is to say):
(i.) In the case of failure to conform with the rule respecting an inventory, as far as regards chattels omitted from the inventory; and
(ii.) In any other case, wholly.
(c.) The inventory, and any deteasance, condition, or declaration as aforesaid, respectively, is for all purposes deemed part of the bill.
30.-A bill of sale conforming, or appearing to conform, with the foregoing rules, may be registered, if it is intended to affect chattels in China, at the Supreme Court; and if it is intended to affect chattels in Japan, at the Court for Japan; or in either case at the Consulate of the Consular district wherein the chattels are, within the respective times following and not afterwards (namely):
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(i.) Within fourteen days after its execution, where it is executed in the Con- sular district wherein the chattels are :
(ii.) Within two months after its execution, where it is executed in China or in Japan, elsewhere than in that Consular district, or in Hongkong.
(iii) Within six months after its execution, where it is executed elsewhere than in China, Japan, or Hongkong..
31.-Registration is made as follows: The original and a copy of the bill of sale, and an affidavit verifying the execution, and the time and place of execution, and the attestation thereof, and verifying the copy, are brought into the proper office of the Court or Consulate; and the copy and affidavit are left there.
32.-If a bill of sale is not registered at a place and within the time by this Or ler appointed and allowed for registration thereof, it is, from and after the expiration of the time, voil in China or in Japan, according as that place is in China or in Japan, to the extent following but not further (that is to say):
(i.) As against trustees or assignees of the estate of the grantor, in or under bankruptcy, liquidation, or assignment for benefit of creditors; and
(ii) As against all sheriffs and others seizing chattels under process of any
Court, and any person on whose behalf the seizure is made; but only
(iii) As regards the property in, or right tu, the possession of such chattels comprised in the bill as, at or after the filing of the petition for bankruptcy or liqui- dation, or the execution of the assignment, or the seizure, are in the grantor's posses- sion, or apparent possession.
33.-Registered bills of sale affecting the same chattels have as among them. selves priority in order of registration.
34.-Chattels comprised in a registered bill of sale are not in the possession, order, or disposition of the grantor within the law of bankruptcy.
35.-If in any case there is an unregistered bill of sale, and within or on the expiration of the time by this O der allowed for registration thereof, a subsequent bill of sale is granted affecting the same or some of the same chattels, for the same or part of the same debt, then the subsequent bill is, to the extent to which it com- prises the same chattels and is for the same debt, absolutely void, unless the Supreme Court for China and Japan, or the Court for Japan, as the case may require, 18 satisfied that the subsequent bill is granted in good faith for the purpose of correcting some material error in the prior bill, and not for the purpose of unlawfully evading the operation of this Order.
years.
36.-The registration of a bill of sale must be renewed once at least every five
37.-Renewal of registration is made is follows:-An affidavit stating the date of and parties to the bill of sale, and the date of the original registration, and of the last renewal, and that the bill is still a subsisting security, is brought in to the proper office of the Court or the Consulate of original registration, and is left there.
38.-If the registration of a bill of sale is not so renewed in any period of five years, then on and from the expiration of that period the bill is deemed to be unregistered.
39.-The provisions of this Order relating to renewal apply to bills of sale registered under the Regulations repealed by this Order.
40.-A transfer or assignment of a registered bill of sale need not be registered; and renewal of registration is not necessary by reason only of such a transfer or assignment.
41.-Where the time for registration or renewal of registration of a bill of sale expires on a Sunday, or other day on which the office for registration is closed, the registration or renewal is valid if made on the first subsequent day on which the office is open.
42. If in any case the Supren e Court for China and Japan, or the Court for Japan, as the case may require, is satisfied that failure to register or to renew the registration of a bill of sale in due time, or any oission or misstatement conn cted with registration or renewal, was accidental or inadvertent, the Court may, if it thinks
THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.
101
fit, order the failure, omission, or misstatement to be rectified in such manner, and un such terms, if any, respecting security, notice by advertisement or otherwise, or any other matter, as the Court thinks fit.
43-(a.) The provisions of this Order, except as regards renewal of registrations, do not apply to a bill of sale executed before the commencement of this Order.
(b.) As regards a bill of sale executed before the commencement of this Order, the Regulations repealed by this Order shall, notwithstanding that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had originally been made by Order in Council.
44.-The power conferred on the Chief Justice of the Supreme Court for China and Japan by Article 127 of the China and Japan Order in Council, 1865, of framing Rules from time to time, is hereby extended to the framing of Rules for prescribing and regulating the making and keeping of indexes, and or a general index, to the registers of bills of sale, and searches in those indexes, and other particulars con- nected with the making, keeping, and using of those registers and indexes, and for authorising and regulating the unregistering of any bill of sale, or the registering of any release or satisfaction in respect thereof.
Suits by or against Partners.
45.-(a.) The following are Rules of Procedure of Her Majesty's Courts in China and Japan, under the China and Japan Order in Council, 1865:
(1.) Persons claiming or being liable as partners may sue or be sued in the firm name, if any.
(2.) Where partners sue in the firm name, they must, on demand in writing on behalf of any defendant, forthwith declare the names and addresses of the partners. (3.) Otherwise, all proceedings in the suit may, on application, be stayed on such terms as the Court thinks fit.
(4.) When the names of the partners are so declared, the suit proceeds in the same manner, and the same consequences in all respects follow, as if they had been named as the plaintiffs in the petition.
(5.) All subsequent proceedings, nevertheless, continue in the firm name.
(6.) Where partners are sued in the firm name, the petition must be served either on one or more of the partners within the jurisdiction, or at the principal place of the partnership business within the jurisdiction, on some person having then and there control or management of the partnership business.
(7.) Where one person, carrying on business in the name of a firm apparently representing more persons than one, is sued in the firm name, the petition may be served at the principal place of the business within the jurisdiction on some person having then and there control or management of the business.
(8.) Where partners are sued in the firm name, they must appear individually in their own names.
(9.) All subsequent proceedings, nevertheless, continue in the firm name. (10.) Where a person, carrying on business in the name of a firm apparently representing more persons than one, is sued in the firm name he must appear in his
own name.
(11.) All subsequent proceedings nevertheless continue in the firm name.
(12.) In any case not hereinbefore provided for, where persons claiming or being liable as partners sue or are sued in the firm name, any party to the suit may, on application to the Court, obtain a statement of the names of the persons who are partners in the firm, to be furnished and verified on oath or otherwise, as the Court thinks fit.
(13.) Where a judgment is against partners in the firm name execution may issue-
(i.) Against any property of the partners as such; and
(ii) Against any person who has admitted in the suit that he is a partner, or who has been adjudged to be a partner; and
(iii) Against any person who has been served in the suit as a partner, and bas failed to appear.
DAMAR BY
192
THE CHINA AND JAPAN ORDER IN COUNCIL, 1881
(14.) If the party who has obtained judgment claims to be entitled to issue execution against any other person as being a partner, he may apply to the Court for leave so to do; and the Court, if the liability is not disputed, may give such leave, or if it is disputed may order that the question of the liability be tried and determined as a question in the suit, in such manner as the Court thinks fit.
(b.) The foregoing Rules may be from time to time varied by Rules of Proce- dure made under the China and Japan Order in Council, 1865.
(c.) Printed copies of the foregoing Rules must be exhibited conspicuously in each Court and Consulate in China and Japan, with the other rules of Procedure for the time being in force under the China and Japan Order in Council, 1865, and be sold at such reasonable price as the Chief Justice of the Supreme Court from time to time directs.
(d.) A printed copy of the foregoing Rules purporting to be certified under the hand of the Chief Justice of the Supreme Court and the seal of that Court is for all purposes conclusive evidence thereof.
46.-(a.) The provisions of this Order do not apply to proceedings instituted by or against partnerships or partners or agents thereof, before the commencement of this Order.
(b.) As regards proceedings instituted by or against partnerships or partners or agents thereof before the commencement of this Order, the Regulations repealed by this Order shall, notwithstanding that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had been Rules of Procedure made under the China and Japan Order in Council, 1865; and, as regards the same proceedings, the Rule of Procedure (252) repealed by this Order shall continue to have effect, notwithstanding that repeal, subject always to the operation of the Regulations repealed by this Order.
Suite by or against Foreigners.
47.-(a.) Where a foreigner desires to institute or take a suit or proceeding of a civil nature against a British subject, or a British subject desires to institute or take a suit or proceeding of a civil nature against a foreigner, the Supreme Court for China and Japan, and the Court for Japan, and a Provincial Court, according to the respective jurisdiction of the Court, may entertain the suit or proceeding and hear and determine it; and, if all parties desire, or the Court directs, a trial with a jury or assessors, then, with a jury or assessors, at a place where such a tria! might be had if all parties were British subjects, but in all other respects according to the ordinary course of the Court.
(b.) Provided that the foreigner first obtains and files in the Court the consent in writing of the competent authority of his own nation to his submitting, and that he does submit, to the jurisdiction of the Court, and, if required by the Court, gives security to the satisfaction of the Court, and to such reasonable amount as the Court directs, by deposit or otherwise, to pay fees, damages, costs and expenses, and abide by and perform the decision to be given either by the Court or on appeal.
(c.) A counter-claim or cross-suit cannot be brought or instituted in the Court against a plaintiff, being a foreigner, who has submitted to the jurisdiction, by a defendant, except by leave of the Court first obtained.
•
(d.) The Court, before giving leave, requires proof from the desendan' that his claim arises out of the matter in dispute, and that there is reasonable ground for it, and that it is not made for vexation or delay.
(e.) Nothing in this provision prevents the defendant from instituting or taking in the Court against the foreigner, after the termination of the suit or proceeding in which the foreigner is plaintiff, any suit or proceeding that the defendant might have instituted or taken in the Court against the for igner if no provision restraining counter-claims or cross-suits had been inserted in this Order.
(f) Where a foreigner obtains in this Court an order against a defendant, being a British subject, and in another suit that defendant is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the order pending that other suit, and may set off any
193
THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884
amount ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit.
(g.) Where a plaintiff, being a foreigner, obtains in the Court an order against two or more defendants, being British subjects, jointly, and in another suit one of them is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the other pending that other suit, and may set off any amount ordered to be paid by one party in one suit against any amount ordered to be paid by the other party in the other suit, without prejudice to the right of the British subject to require contribution from his co- defendants under the joint liability.
(h.) Where a foreigner is co-plaintiff in a suit with a British subject who is within the particular jurisdiction, it is not necessary for the foreigner to make deposit or give security for costs, unless the Court so direct; but the co-plaintiff British subject is responsible for all fees and costs.
Chinese, Japanese, and Foreign Tribunals.
48.-(a.) Where it is shown to the Supreme or other Court that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required in a Chinese or Japanese Court, or before a Chinese or Japanese judicial officer, or in a Court or before a judicial officer of any State in amity with Her Majesty, the Supreme or other Court may, if it thinks fit, in a case and in circumstances in which it would require his attendance before itself, order that he do attend as so required.
(b.) A Provincial Court, however, cannot so order attendance at any place beyond its particular jurisdiction.
(c.) If the person ordered to attend, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, and does not excuse his failure to the satisfaction of the Supreme or other Court, he is, indepen- dently of any other liability, guilty of an offence against this Order, and for every such offence, on conviction thereof, by summary trial, is liable to a fine not exceeding $500, or in imprisonment for not exceeding one month, in the discretion of the Court.
The SCHEDULE to which the foregoing Order in Council refers.
I.-Regulations made by Sir Rutherford Alcock, while Her Majesty's Minister in China, instituted or designated as Land Regulation, Regulations, and Bye-Laws annexed to the Land Regulations for the foreign quarter of Shanghai north of the Yang-King-Pang, and commonly called the Shanghai Land Regulations.
IL-Port, Consular, Customs, and Harbour regulations applicable to all the Treaty ports in China, dated 31st May, 1869.
THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884
Preamble.
AT THE COURT AT WINDSOR, THE 26TH DAY OF JUNE, 1884.
PRESENT:
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
WHEREAS, by Treaty and otherwise, Her Majesty the Queen has power and jurisdiction within China and Japan and the dominions of the King of Corea:
Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and other-
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Short Title.
Interpretation.
Consular Courts in Corea.
194
CHINA, JAPAN, AND COREA ORDER IN COUN IL, 1884.
wise in Her vested, is pleased by and with the advice of Her Privy Council to order, and it is hereby ordered, as follows:---
1.-This Order may be cited as the China, Japan, and Corea Order in Council, 1884.
2.-In this Order-
The expression, the "China and Japan Orders in Council," means the following:-
The China and Japan Order in Council, 1865, as amended by the Orders in Council dated the 13th May. 1869, and the 30th April, 1877;
The Order in Council of the 19th June, 1868; and the 21st July,
1876, relating to Consular fees;
The China and Japan Maritime Order in Council, 1874;
The China and Japan Order in Council, 1878;
The China and Japan Order in Council, 1881;
The Shanghai Shipping Registry Order in Council, 1883;
and any Order in Council amending or extending this or any of the above- mentioned Orders in Council.
The expression "Corea" means the dominions for the time being of the King of Corea, including the territorial waters thereof.
Other expressions to which meanings are assigned by the China and Japan Order in Council have the same meanings in this Örder unless the subject or context otherwise requires.
In the China and Japan Orders in Council, and in this Order, the expression "British subject" shall include a British protected person in so far as by Treaty, capitulation, grant, usage, sufferance, or other lawful means, Her Majesty has jurisdiction in relation to such persons in China, Japan, and Corea respectively.
This Order may be cited as the China, Japan, and Corea Order in Council, 1884.
3.-Any person, for the time being, acting as Consul-General, Consul, or Vice-Consul holding Her Majesty's commission for Corea or any part thereof, or any person acting temporarily with the approval of a Secretary of State, or in case of emergency appointed temporarily by or acting with the approval of Her Majesty's Minister for Corea, as and for a Consul- General, Consul, or Vice-Consul as aforesaid, shall in anu for such district as may be assigned by his commission or appointment, or as may be so approved, hold and form a Court for the purposes of this Order.
4. For the purposes and subject to the provisions of this Order :-- (i.) All Her Majesty's jurisdiction exercisable, for the time being, in Corea, under the Foreign Jurisdiction Acts, shall be exercised by a Court according to this acting under this Order.
Her Majesty's Jurisdiction to be exercised
Order.
Courts in Cores
to be deemed Provincial
Courts.
Supreme Court
have jurisdiction
Cores.
(ii.) Such jurisdiction shall be exercised under and in accordance with the provisions of the China and Japan Orders in Council, and of any Rules and Regulations made under the authority thereof, and for the time being in force so far as the same are applicable, as if in those provisions expressions referring to Japan, or to any Government, Sovereign, person, thing, or matter in or relating to Japan, referred also mutatis mutandis to Corea, and to the corresponding Government, Sovereign, person, thing, or matter in or relating to Corea; and for the purposes of the said Orders in Council, Rules and Regulations as applied by this Order, a Court acting under this Order shall be deemed to be a Provincial Court.
(iii.) All powers and jurisdiction, whether original, appellate, or Shanghai to auxiliary, which can, under the said Orders, be exercised by the Supreme Court at Shanghai, or any Judge thereof, in relation to Japan, or any district thereof, or Provincial Court therein, shall be exercisable in relation to Corea, and any district or Provincial Court therein.
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CHINA, JAPAN, AND COREA order in COUNCIL, 1884
195
Treaty.
5. The power and jurisdiction exercisable under this Order, or under Power and Ju- the said Orders in Council, as applied to Corea, shall, in relation to Corea, risdiction under be exercised subject to the provisions of the Treaty dated the 26th jest to provisions November, 1883, between Her Majesty and the King of Corea, and to the of Corean Regulations and Protocol appended to the said Treaty, and to the pro- visions of any other Treaty for the time being in force between Her Majesty and the King of Corea, and the provisions of the said Treaty, Regulations, and Protocol shall have effect as if incorporated in this Order.
and Orders in
6. Where, by virtue of any Imperial Act. or of any of the China and Imperial Acta Japan Orders in Council, or this Order, or otherwise, any provisions of C. uncil: how far any Imperial Acts, or of any Orders in Council other than this Order, are applicable. applicable in China, or Japan, or Corea, or any forins, regulatious, or pro- cedure prescribed or established by or under any such Order or Act, in relation to any matter, are made applicable for any purpose of any of the China or Japan Orders in Council, or of this Order, such acts, forms, regulations, or procedure shall be deemed applicable, so far only as the constitution and jurisdiction of the Courts and the local circumstances permit; and for the purpose of facilitating their application, they may be construed or used with such alterations and adaptations not affecting the substance as may be necessary, and anything required to be done by or to any Court, Judge, officer, or authority may be done by or to a Court, Judge,.officer, or authority having the like or analogous functions; and the seal of the Consular Court may be substituted for any seal required by any such act, order, form, regulation, or procedure, and in case any difficulty occurs in the application of any such act, order, form, regulation, or procedure, it shall be lawful for a Secretary of State to direct by and to whom and in what manner anything to be done under such act, order, or regulation is to be done, and such act or order shall, in its application to ma ters arising under the China and Japan Orders in Council, or this Order, be construed accordingly.
and manslaught-
7.-(i.) In cases of murder or manslaughter, if either the death or Jurisdiction in the criminal act which wholly or partly caused the death happened within cases of murder the jurisdiction of a Court acting under the China and Japan Orders in er. Council or this Order, such Court shall have the like jurisdiction over any person being a British subject, who is charged either as the principal offender or accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if both such criminal act and the death had happened within such jurisdiction.
(ii.) In the case of any crime committed on the high seas, or within Crimes on the the Admiralty jurisdiction, by any British subject on board a British ship, high seas. or on board a foreign ship to which he did not belong, a Court acting under this Order shall have jurisdiction as if the crime had been com- mitted within the district of such Court. In cases tried under this Article no different sentence can be passed from the sentence which could be pased in England if the crime were tried there.
Jurisdiction
(iii.) The foregoing provisions of this Article shall be deemed to be Adaptations adaptations for the purposes of this Order, and of "The Foreign Juris- under Foreign diction Act, 1878," of the following enactments described in the first Act. schedule to that Act (that is to say):-
"The Admiralty Offenc 8 (Colonial) Act, 1849." "The Admiralty Offences (Colonial) Act, 1860."
The Merchant Shipping Act, 1867," section 11.
And the said enactments shall, so far as they are repeated and adapted by this Article (but not further or otherwise), extend to China, Japan, and Corea.
Offenders Aot,
8.-"The Fugitive Offenders Act, 1881," shall apply, in relation to Fugitive British subjects, to China, Japan, and Corea respectively, as if such
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CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884
countries were British possessions, and for the purposes of Part II. of the said Act and of this Article, China, Japan, and Corea shall be deemed to be one group of British possessions, and Her Majesty's Minister for China, H. M. Minister. Japan, or Corea (as the case may be) shall have the powers of a Governor
or Superior Court of a British possession.
Powers of
Judicial Notice to be taken.
Provisions of Evidence Act, 1851, to apply.
When to come
9.-Judicial notice shall be taken of the China and Japan Orders in Council and of this Order, and of the commencement thereof, and of the appointment of Consuls or other officers, and of the constitution and limits of the Consular Courts and districts, and Consular seals and signatures, and of any Rules or Regulations made or in force under the China and Japan Orders in Council or this Order, and no proof shall be required of any of such matters.
The provisions of "The Evidence Act, 1851" (14 and 15 Vict., cap. 99), sections 7 and 11, relating to the proof of judicial and other documents, shall extend, and be applied for all purposes as if the Courts, districts, and places to which the China and Japan Orders in Council or this Order applies were in a British Colony.
10. This Order shall come into operation at such time or times in into operation. China, Japan, and Corea respectively as a Secretary of State, by a notice published in the London Gazette at or after the time of the publication therein of this Order, directs.
Publication.
11.-This Order shall be published in China, Japan, and Corea in such manner, and printed copies thereof shall be kept for sale at the Consular Courts there at such prices, as a Secretary of State from time to time directs.
And the Right Honourable the Earl Granville and the Right Honour- able the Earl of Derby, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.
C. L. PEEL.
THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.
AT THE COURt at BalmoraL, THE 9TH DAY OF SEPTEMBER, 1884.
PRESENT:
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
WHEREAS by Treaty and otherwise Her Majesty the Queen has power and jurisdiction within China and Japan and the dominions of the "King of Corea :
Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalt by the Foreign Jurisdiction Acts, 1843 to 1878, and other- wise, in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:
1.-This Order may be cited as the China, Japan, and Corea Order in Council, 1884 (Supplemental).
2.-This Order shall be construed with the China, Japan, and Corea Order in Council, 1884 (herein called the Principal Order).
3. Notwithstanding anything contained in the Principal Order, or in any notice published in pursuance thereof, the Principal Order, so far as it relates to Corea, and also this Order, shall come into operation on the day named in this Order as the date of this Order.
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THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1886 197
4. The provisions of the China and Japan Order in Council, 1881, Articles 6 to 20, both inclusive, so far as the same are for the time being in force, shall apply to Corea mutatis mutandis, with the substitution in the 20th Article thereof of "Corea" for "Japan," and of the "King of Corea" for the "Mikado of Japan," provided that all things to be done under the said Articles by Her Majesty's Minister in China may be done in relation to Corea either by Her Majesty's Minister in China or by any person appointed or acting as Her Majesty's Minister for Corea, or, with the approval of a Secretary of State, by any person acting as Consul- General for Corea.
5.-This Order shall be published in Corea in such manner, and printed copies thereof shal! be kept for sale at the Consular Courts there at such prices as a Secretary of State from time to time directs.
And the Right Honourable the Earl Granville, one of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.
C. L. PEEL.
THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1886.
AT THE COURT AT WINDSOR, THE 3RD DAY OF APRIL, 1886. PRESENT:
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS, by Treaty and otherwise, Her Majesty the Queen has power and jurisdiction within China and Japan and the dominions of the King of Corea.
Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts 1843 to 1878 and otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
1.-This Order may be cited as the China, Japan, and Corea Order in Council, 1886.
2. The 4th Article of the China, Japan, and Corea Order in Council, 1884, shall, for all purposes, be construed as if for the sub-section thereof numbered (3) there were substituted the following sub-section :-
(3.) All powers and jurisdiction, whether original, appellate, or auxiliary, which can, under the said Orders, be exercised in relation to any Provincial Court in Japan, or in, or in relation to, the district of any such Court by the Court for Japan, or by the Supreme Court for China and Japan, may be exercised in relation to Corea or any Provincial Court therein, or in, or in relation to, the district of any such Court by the Supreme Court for China and Japan.
Provided that nothing in this Order shall render invalid anything done before the commencement of this Order, or before the publication of this Order in China or Corea.
3.-This Order shall come into operation forthwith, and shall be published in China and Corea, and printed copies thereof shall be kept for sale at the Consular Courts in Corea.
And the Right Honourable the Earl of Rosebery, one of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty are to give the necessary directions herein as to them may respectively appertain
C. L. PEEL.
Danesby
198
CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1886, &c.
THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1886.
AT THE COURT at OsbornE HOUSE, ISLE OF WIGHT, 3rd August, 1886.
PRESENT:
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS it is expedient to amend the Order in Council relating to the exercise of
Her Majesty's power and jurisdiction in China, Japan, and Corea:
Now, therefore, Her Majesty, by virtue and in exercise of the powersin this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and otherwise, in her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
#6
1.-This Order may be çited as "The China, Japan, and Corea Order in Council, 1886." 2.-So much of the 47th section of the China and Japan Order in Council, 1861. as is contained in the second sub-section thereof, commencing with the word provided," and ending with the word "appeal," and relating to the conditions on which jurisdiction may be exercised in the case of foreigners desiring to submit to the jurisdiction of Her Majesty's Courts, is hereby repealed as respects China, Japan, and Corea, and the following provision is substituted :-
(b) Provided that the foreigner: (i.) first files in the Court his consent to the juris- diction of the Court; and (ii.) also, if required by the Court, obtains and files a certi- ficate in writing from a competent authority of his own Government to the effect that no objection is made by that Government to the foreigner submitting in the particular cause or matter to the jurisdiction of the Court; and (iii.) also, if required by the Court, gives security to the satisfaction of the Court, to such reasonable amount as the Court directs, by deposit of money or otherwise, to pay fees, costs, damages, and ex- penses, and to abide by and perform the decision to be given by the Court or on appeal.
3.-This Order shall come into operation as from the date of its publication, in the London Gazette, but until the 1st October, one thousand eight hundred and eighty- six, proceedings may be taken either in accordance with the provision hereby repealed or in accordance with the provisions of this Order.
And one of Her Majesty's Principal Secretaries of State and the Lords Com- missioners of the Admiralty are to give the necessary directions herein.
C. L. PEEL.
TABLES OF CONSULAR FEES
To be taken in China, Japan, and Corea, in pursuance of the Acts 6 Geo. IV., cap. 87, and 12 and 18 Vic., cap. 68, and of the China, Japan, and Cores (Consular Fees) Order in Council, 1887.
PART I.
Fees to be taken in respect of Matters in which the Consul's Interposition is required by Law. 1.-For_every declaration taken or recorded $ o. under the Merchant Shipping Acts, with a view to the registry, transfer and transmission of ships, in- terests in ships, or mortgages on ships......
2. For endorsing a memorandum of change of master upon the certificate of registry, and initial- ng his signature on agreement with crew, if re- quired
3.-For granting a provisional certificate of re- gistry (this fee to be exclusive of fees on de- clarations)
4. For recording a mortgage of a ship, or shares in a ship, made under a certificate of mort- gage
5. For recording the transfer of a mortgage of a ship, or shares in a ship, made under a certificate of mortgage...
200
11.-For every alteration in agreements with seamen made before the Consul
12.-For every seaman discharged or left behind with the Consul's sanction.............
0 50
1 00
13.-- For every desertion certified by the Consul 14. For attesting a seaman's will (see No. 99) 0 50 15.-For examination of provisions or water, to be paid by the party who proves to be in default, in addition to costs of survey....
0 50
3.00
5 00
16. For every salvage bond made in pursuance of 17 and 18 Vict., cap. 104, seo. 488, to be paid by the master or owner of the property salved........
12. 00
5.00
17.--For making endorsement on ship's papers as required by section 279 of "The Merchant Ship- ping Act, 1854 "
0 75
5.00
6.--For recording the discharge of a mortgage of a ship, or shares in a ship, made under a certificate of mortgage.
5.00 7.--For every sale of a ship, or shares in a ship, made before the Consul under a certificate of sale... 5:00
8. For inspection of the register book of trans- actions of ships, kept, in pursuance of Merchant Shipping Arts
(To include the fee for inspection of ship's papers, See No. 4.) Marriage Fees, aa fixed by Act 19 and 13 Vict., eap. 88, to be levied
by Consular Officers duly authorised to saleninise
Marriages.
18.-For receiving notice of an intended marriage
£ s. d
0 10 0
1 00
1 00
1.00
1
0
0 70
10. For every seaman engaged before the
0 10 0
Consul
0.50
9.-For cartified copy of extract from register book of transactions in ships....
Dates by
19. For granting a licence for a marriage... 20.--For receiving a caveat.....
21. For every marriage solemnised by the Consul, or in his presence if by licence
22.-Ditta, if without licence...
Nors. The above Fees, 18 to 22 inclusive, if not paid in English gold
are to be calculated at the Goverument rate of exchange.
Original ro:
TABLES OF CONSULAR FEES
PART II.
199
Feer to be taken in respect of Matters in which the Consul's Interposition is to be given when required by the Parties
23.-For noting a marine protest and furnish. ing one certifled copy if required..
24. -For filing a request for survey and isening order of survey ....
25.-For receiving report of survey, filing original in archives, if not exceeding 200 words, and farnishing, if required, one certified copy of request, order, and report of survey
26. For extending marine protest, if not ex- ceeding 200 words, filing original, and furnishing one certified copy if required. This to be exclusive of fee for oaths or declarations (see No. 48), or for drawing, if required, the body of the protest (see No. 93)
interested.
$ c.
% 00
3.00
54.-For each execution of a power of attorney $ e attested by the Consul (see No. 101)
2.00
N.B.-When more than four persons execute power at the same time a fee of 8 dollars only is to be charged.
6.00
6.00
55.-For attesting the execution of a will of any person not being a British seaman (see No. 99)...... 8 00
66. For each execution of a deed, bond, or con- veyance under seal, attested by the Consul...
% 00 N.B.-When more than four persons execute an instrument at the same time a fee of eight dollars only is to be charged.
57.-For each signature to an application for a patent attested by the Consul....
1 50
58. For attaching Consular signature, and seal if required, to quarterly or monthly declarations for Government-pay, half-pay, or pension
@ 50
59. For attaching Consular signature to all other declarations of existence..............
0 75
***
0 75
60.-Ditto, if drawn up by Consul 61.-For certificate of a person's identity.... 62.-For attesting the signature of a foreign
1 50
8. 00
1 59
1 50
63.--For each signature attested by the Consul in any document not otherwise provided for
1 50
27.-For any other protest, 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. 93) 600
28.-If the protest or report of survey exceed 200 words, for every additional 100 words or frac- tion thereof..
29.-For attesting average, bottomry or arbitra- tion bond, each copy (see No. 29)
30.-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 Aots require should be made accessible to the crew
31.-Bill of health
32-Certifying to a foreign bill of health.. 33.-Certificate of origin of goods and filing copy 34.-Certificate of due landing of goods exported
from a British port
35.-For application addressed to local authori. ties for arrest or imprisonment of a seaman, if granted pursuant to the request of the master
authority
N.B.-No fee is to be charged for attesting a signature to any document required for the deposiť jor withdrawal of money in or from the Post Office Savings Bank.
64.-For receiving and giving a receipt for any document, packet, or article deposited in the Con- sulate under the conditions of Fee No. 107........
1.50
3.00
3. 00 3.00
3:00
0 75
8. 00
66.--For any registration not otherwise provided
for
1 50 150
36.-Ditto, for release of a seaman 37.-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 No. 38)... 1 50
36. 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. 37)
65.-For registration of a birth or death (except the death of seaman)
V
100
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 Order in Council.
67.-For issue of certificate of British registra- tion, when such registration is not compulsory under Order in Council..
1.00
68. For each search in the register books of births, marriages, or deaths kept at the Consulate 0 75
69.-For furnishing a certified copy of an entry in register books of births, marriages, or deaths (see No. (8)
0 76 70.-For certifying to a copy of any document or part of a document, if not exceeding 100 words... 1 50
71.-If exceeding 100 words, for every additional 100 words or fraction thereof...
0 75
9.-For affixing Consular signature and seal, if required, to a ship's manifest
3 00
1 50
1 50
N.B.-An additional fee is to be charged when the copy is made by the Consul (see No. 96).
1 50
72.-Passport
1 50
78.-Visa of a passport....
0 75
74.-For issue of certificate of nationality.......
1 00
76.-Consular request to local authorities for a
0 75
75.-For transit pass....
4 50
6. 00
40.-For affixing Consular seal or signature to any entry in the official log of a British vessel, if not required by the Merchant Shipping Act......
41.-For attesting the execution of a bill of sale of a ship, or shares in a ship..
42-For any document required from Consul by foreign authorities as a preliminary to the en- gagement of a British seaman in a foreign vessel, including oficial seal and signature..............
0 50 passport pass, or visa
43.-For inspecting ship's papers when their production is required to enable a consular officer to perform any speciflc service on the ship's behalf... 0 75 N.B.---This Fee not to be charged when Fee No. 17 la loriable.
44.-For granting any certificate not otherwise provided for, if not exceeding 100 words
1 50
45.-If exceeding 100 words, for every additional 100 or fraction thereof..
1 50 2.00
46.-For noting a bill of exchange 47.-For protest of a bill of exchange and oopy 6 00 48.-For administering an oath, or receiving a declaration or affirmation without attestation of signature.
49.-For administering an oath, or receiving a declaration or affirmation with attestation of signa- tare..
76.--Opening the will of a British subject, not being a seaman, including Consular signature to minute of proceedings.......
77.-For the administration and distribution, or for either administration or distribution, of 24 per the property, situate in the country of the Consul's cent. residence, of a British subject, not being a seaman, Yon dying intestate, or if not intestate, when under- { gross taken in the absence of legally competent repre- | value. sentatives of the deceased
78.-For uniting documents and attaching Con- sular seal to the fastening.....
0 75
0 75
1 60
79.-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................
1 50
75
80.-For affixing Consular signature, and seal if required, to document not otherwise provided
any for by this Table.............
1 50
025
52-For each signature to a transfer of shares or stock attested by the Consul....
N.B.-No charge is to be made for an order or letter sending a seaman to hospital.
0 75
50.-For each Consular signature attached to an exhibit referred to in an affidavit or declaration...
51.-For each alteration or interlineation initial- ed by the Consul in any document not prepared by
53.-For each signature to a transfer of shares or stock attested by the Consul when executed in the presence of one or more witnesses besides the Consul
1 50
81.-For each Consular seal affixed to a doon. ment, packet, or article, when no signature is re- quired
818-For new title-deeds of land, including re- gistration.
10.00
Danesby DA
200
TABLES OF CONSULAR FEES
81c. For notifying to authorities loss of owner's $ c. sopy of title-deed, and requesting issue of copy to replace it.
81D. For transfer of land.
811.-For registration of foreclosure or mort- $ c.
10.00
gage
811-For any entry, not otherwise provided for, made in land register at the request of the par- ties interested..
5 00
5.00
81x.-For cancelment of title deeds..
5. 00
1 60
817.-For registration of title-deeds issued by
5.00
81x.-For reference to land, mortgage, or other registers (except those under Nos. 8 and 68).
1 60
816.-For registration or discharge of mortgage
5 00
local authorities.....
PART III.
Fees to be taken for certain Attendances in addition to any other Fee chargeable under the present Table, and to travelling and other Expenses (See Notes 3 and 4).
82. -At a shipwreck, or for the purpose of assist- $ c. ing a ship in distress, per day
12.00 83.-At a shipwreck, at request of parties in- terested, to assist or advise as to salvage, per day... 18 00
84.-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
85.-Ditto, ditto, for each additional hour, or fraction thereof, 8 dollars, with a maximum per day of
86.-At request of parties interested, or of local authorities, at a valuation, if absent less than two hours...
87.-Ditto, ditto, for each additional hour, or fraction thereof, 3 dollars, with a maximum per day of
6 00
24.00
6.00
24.00 88.-At request of parties interested, or of local authorities, at a sale, if absent less than two hours 12 00
+
89.-Ditto, ditto, for each additional hour, or $ c. fraction thereof, 3 dollars, with a maximum per day of
24.00
90.-At request of parties interested, or of local authorities, for the transaction 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, 3 dollars, with a maximum per day of....
91.- At the request of parties interested, for the transaction of any of the duties for which a fee is provided in the Table of Consular Fees, whether at the Consular Office, or at the Consul's residence, before or after the customary business hours of the place, for each half-hour, or fraction thereof.......
914.-At request of parties interested, or of local authorities, at a measurement of land, for each hour, or fraction thereof, 3 dollars, with a minimum of
24.00
1 50
6.00
Fess to be taken in respect of certain other Services which may be rendered by the Consul, at his discretion, at the reques of Parties interested.
92-For preparing average, bottomry or ar- $ c. bitration bond (see No. 29)
93.-For drawing a declaration or other docu- ment, or the body of a protest, or for taking down in writing verbal declarations or depositions of per- sons made before the Consul, or for reducing into writing agreements made before him by contract- ing parties, exclusive of fees for attestation, &c. (000 Part II.), if not exceeding 100 words..
94.--If exceeding that number, for each subse- quent 100 words, or fraction thereof
6 00
1 50
0 76
95.-For assisting in drawing up petitions, ap- plications, or other documents not specified, esch
96.-For making a copy of a document, if not exceeding 100 words, exclusive of fee for certificate (sce Part II., No. 70)..
1 50
0 75
97.-If exceeding that number, for every subse- quent 100 words, or fraction thereof
***
0 75 N.B.-If the copy is in any foreign language double the above dues are to be charged.
98.-For making or verifying a translation of a document, for every 100 words, or fraction thereof, exclusive of fee for certificate (see Part II., No. 44) 1 50
99.-For drawing a will, if not exceeding 200 words (see Nos. 14 and 55)
6.00
100-If exceeding that number, for every subse quent 100 words, or fraction thereof
1 50
101.-For drawing a power of attorney (soe No.
54)
3.00
102.--In cases where one or more attesting wit- nesses, besides the Consul, are required, for each witness supplied by him at the request of the par- ties interested..
0 75
N.B. As to the following fees (103 to 109) the discretionary ser- vices for which they are chargeable are not to be undertaken except at the sole risk and responsibility of the parties requesting the same, and (except as regarda Fees 106 and 109) on condition of such Parties signing the proper Declaration, as the case may be.
103.-On sums advanced by a Consul at the" request, and on behalf, of private persons, a com- mission of
104.-Attendance ont of Consular office, at the request, and on behalf, of private persons, for the transaction of business which a Consul permitted, but is not bound, to undertake under the Consular Regulations, for each hour, or fraction thereof, 3 dollars, with a maximum per day of (sce Notes 3 and 4)......
5 per
cont.
24.00
106.-On sums remitted, or paid, to a Consul by private persons to be expended, or handed over,
5 per in accordance with their instructions, a com- (cent. mission of
N.B.-Fee No. 105 is not to be charged on suma received for charitable purposes or for the pecuniary relief or repatriation of British subjects in dificulty or distress.
106.-On sums recovered by a Consul at the 5 per request, and on behalf, of private persons, a com- mission of
cent.
107.-On deposits of money or valuables, a) 5 per commission of
joent.
N.B. The deposit not to be accepted until the Consul bolds an acknowledgment, duly signed by or on behalf of the depositor. The Consul shall give a deposit receipt therefor.
In the case of valuables the fee is to be calculated upon an estimate of their value, which must be given by the depositor when making the deposit.
108. For the administration and distribution` of the property, situate in the country of the Consul's residence, of a deceased British subject, | 24 per not being a seaman, when undertaken in cases of cent. difficulty, and upon the written request of the legally competent representatives of such decensed person, who shall at the same time declare in writing that they are aware of the fee chargeable for such service, and agree to pay the same...
109.-In the case of the Consul's acting 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 2§ per cent., with a minimum
of
on
gross value.
12.09 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.
NOTES.-1.-If the Consul shall be named Commissioner to ex- amine witnesses under a Commission issued by a British Court of Jus- tice he is allowed to act as such, charging and retaining the customary fees for so doing.
2-Notice is to be charged for drafting or receiving depositions, &c., taken ez oficio under the Merchant Shipping Acts, except in cases specially provided for.
3. In cases of attendances (Parts III. and IV.) the fee per day is to cover a period not exceeding twelve hours.
4.-In cases of attendances (Parts III, and IV.), if the Consul finds it necessary to be accompanied by a clerk, the fee will be in- creased by one-half, or if a clerk only is sent, half the fees are to be charged.
THE FOREIGN JURISDICTION ACT, 1878.
41 AND 42 VICTORIA, CHAPTER 67.
AN ACT FOr Extending and Amending the Foreign Jurisdiction ACTS [16TH AUGUST, 1878.]
Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: (that is to say),-
Act. & short titles.
1.-1.) This Act shall be construed as one with the Foreign Juris- Construction of Jiction Acts 1843 to 1875, and those Acts, together with this Act, may be 87 Vict., c. 94. cited as the Foreign Jurisdiction Acts, 1843 to 1878, and this Act may be 2829Vict.,0 116. cited separately as the Foreign Jurisdiction Act, 1878.
(2.) The Acts whereof the titles are given in the First Schedule of this Act may be cited by the respective short titles given in that Schedule.
&
29 & 30 Vict., c. 87. 38&39Vict., c. 85.
2.-The Acts mentioned in the Second Schedule to this Article are Repeal of enact- ments in second hereby repealed to the extent in the third column of that Schedule men- tioned; provided that,--
(1.) Any Order in Council, commission, or instructions made or issued in pursuance of any enactment hereby repealed, and in force at the passing of this Act, shall continue in force until altered or revoked by Her Majesty ; and
(2.) This repeal shall not affect anything done or suffered, or any right accrued or liability incurred before the passing of this Act; and
(3.) Any action, suit, or other proceeding affected by any enact- ment hereby repealed may be carried on in like manner as if this Act had not been passed.
Schedule.
in Council to
Schedule.
3.-(1.) It shall be lawful for Her Majesty the Queen in Council, if Powerfor Queen it seems fit, from time to time, by Order, to direct that all or any of the extend enact- enactments described in the First Schedule to this Act, or any enactments menta in First for the time being in force amending or substituted for the same, shall 6 and 7 Vict., extend, with or without any exceptions, adaptations, or modifications in the Order mentioned, to any country or place to which for the time being the Foreign Jurisdiction Act, 1843, applies.
(2.) Thereupon these enactments shall operate as if that coun- try or place were one of Her Majesty's Colonies, and as if Her Majesty in Council were the Legislature of that Colony.
o. 94.
made under
Jurisdiction Acta
4.-An Order in Council purporting to be made in pursuance of the Validity of orders Foreign Jurisdiction Acts, 1843 to 1878, or any of them, shall be deemed Foreign a colonial law within the Colonial Laws Validity Act, 1865, that is to say, gay ito.94 the Act of the session of the twenty-eighth and twenty-ninth years of the 28 and 29 Vict.. reign of Her present Majesty, chapter sixty-three, "to remove doubts as 29 and 30 Viot, to the validity of colonial laws;" and any country or place to which any o. 87. such Order extends shall be deemed a colony within that Act.
0, 116.
38 and 39 Victoy 0.85.
subjects residing
5.-In any country or place out of Her Majesty's dominions, in or to Extension of which any of Her Majesty's subjects are for the time being resident or tion Acts over
Foreign Jurisdio- resorting, and which is not subject to any government from whom Her Her Majesty's Majesty might obtain power and jurisdiction by treaty or any of the other in countries means mentioned in the Foreign Jurisdiction Act, 1843, Her Majesty without regular shall by virtue of this Act have power and jurisdiction over Her Majesty's 6 and 7 Vict., subjects for the time being resident in or resorting to that country or
Bytes by
Original ro:
governmenta.
c. 94.
Jurisdiction over ships in Eastern Seas.
Orders in Council to be laid before Parliament.
6 & 7 Vict., c. 91.
202
THE FOREIGN JURISDICTION ACT, 1878
place, and the same shall be deemed power and jurisdiction had by Her Majesty therein within the Foreign Jurisdiction Act, 1843.
6. It shall be lawful for Her Majesty the Queen in Council, from time to time, by Order, to make, for the government of Her Majesty's subjects being in any vessel at a distance of not more than one hundred miles from the coast of China and Japan, any law that to Her Majesty in Council may seem meet, as fully and effectually as any such law might be made by Her Majesty in Council for the government of Her Majesty's subjects being in China or in Japan.
7.-Every Order in Council made in pursuance of the Foreign Juris- diction Acts, 1843 to 1878, or any of them, shall be laid before both Houses of Parliament forthwith after it is made if Parliament be then in 22 & 30Vict,c. 87. Bession, and if not, forthwith after the commencement of the next session 38 & 30 Vict.,c. 85 of Parliament.
28 & 29 Vict.,c.116.
Provisions for
protection of
under Foreign
6 and 7 Vict., .. 94.
8.-(1.) An action, suit, prosecution, or proceeding against any per- persons acting son for any act done in pursuance or execution or intended execution of Jurisdiction Acts, the Foreign Jurisdiction Acts, 1843 to 1878, or any of them, or of any Order in Council made under the same, or of any such power or jurisdic- tion of Her Majesty as is mentioned in the said Acts, or any of them, or in respect of any alleged neglect or default in the execution of the said Acts or any of them, or of any such Order in Council, power, or jurisdiction as aforesaid, shall not lie or be instituted,
28 and 29 Vict.,
0.116.
29 and 30 Vict.,
0.
87.
38 and 39 Viot.,
@. 85.
6 & 7 Vict., c. 94. 28d 20 Viet.,c.146.
(a.) In any Court within Her Majesty's dominions, unless it is commenced within six months next after the act, neglect, or default complained of, or in case of a continuance of injury or damage, within six months next after the ceasing thereof, or where the cause of action arose out of Her Majesty's dominions, within six months after the parties to such action, suit, prosecution, or proceeding have been within the juris- diction of the Court, in which the same is instituted ; (b.) Nor in any of Her Majesty's Courts without Her Majesty's dominions, unless the cause of action arose within the juris- diction of that Court, and the action is commenced within six months next after the act, neglect, or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof.
(2.) In any such action, suit, or proceeding, tender of amends before the same was commenced may be pleaded in lieu of or in addition to any other plea. If the action, suit, or proceeding was commenced after such tender, or is proceeded with after payment into Court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after such tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of such tender or payment; but this provision shall not affect costs on any injunction in the action, suit, or proceeding.
(2.) So far as regards any action, suit, prosecution, or proceed- 298 0 Viet,c. 87. ing instituted after the passing of this Act, the provisions of this Section 38 & 38 Vict., c. 85. shall supersede any provision for a like purpose which is contained in any Order in Council under the Foreign Jurisdiction Acts, 1843 to 1878, and is in force at the passing of this Act, and such provision shall cease to have any effect.
•
Original ro:
THE FOREIGN JURISDICTION ACT, 1878
SCHEDULES.
FIRST SCHEDULE (Sections 1 and 3).
SESSION AND CHAPTER.
ENACTMENTS REFERRED TO.
TITLE.
SHORT TITLE.
203
6 and 7 Vict., c. 34.
19 and 13 Viot., c. 96.
An Act for the better apprehension of
certain offenders. An Act to provide fo the Prosecution
14 nd 15 Viot., c. 39,|An
Sections seven nd
eleven.
and Trial in Her Majesty's Colonies of offences committed within the jurisdiction of the Admiralty. Act to amend the law of evidence.
17 and 18 Vict., c. 1 4. The Merchant Shipping Act, 1854.
Part X.
19 and 20 Vict., c. 115. An Act to provide for taking evidence
22 Vict., c. 20.
in Her Majesty's dominions in rela- tion to civil and commercial mat-| ters pending before Foreign Tribu- nals.
Fugitive
Offenders
Act, 1843. Admiralty Offences Colonial Act, 1849.
Evidence Act, 1851.
Foreign Tribunals Evidence Act, 1856.
mission Act, 1869.
An Act to provide for taking evidence Evidence by Com.
in Suits and Proceedings pending before Tribunals in Her Majesty's Dominions, in places out of the jurisdiction of such Tribanais.
22 and 23 Viot., c. 63. An Act to afford Facilities for the more British Law Ascer-
certain Ascertainment of the Law administered in one part of Her Majesty's Dominions, when pleaded in the Courts of another part there- of.
tainment Act, 1859.
23 and 24 Vict., c. 122. An Act to enable the Legislatures of Admiralty
24 and 25 Vict., c. 11.
Her Majesty's Possessions abroad to make Enactments similar to the Eunctment of the Act ninth George the Fourth, Chapter thirty-one, Section eight.
An Act to afford facilities for t e better as ertainment of the Law of Foreign Countries when pleaded in Courts within Her Majesty's Dominions. 30 and 31 Vict., c. 124,|| he Merchant Shipping Act, 1867. ·
Section eleven.
8 and 35 Vict.. c. 94. The Conveyancing (Scotland) Act, 1874.
Section fifty-one.
Offences
Colonial Act, 1860.
Foreign Law Ascor- tainment Act, 1861.
The Merchant Ship-
ping Act, 1867.
Conveyancing (cotland) Act, 1874.
The
SECOND SCHEDULE (Section 2).
SESSION AND CHAPTER.
ENACTMENTS REPealed.
TITLE.
SK RT TITLE.
8 and 7 Vict., c. 80.
6 and 7 Vict., o.
94.
An Act for the better government of The Whole Act.
Her Majesty's subjects resorting to China.
The Foreign Jurisdiction Act, 1843.
Digitized by
Section Seven.
RULES OF HER BRITANNIC MAJESTY'S SUPREME COURT AND
OTHER COURTS IN CHINA AND JAPAN.
CONTENTS.
214
...
...215
215
***
...216
***
***
216
216
**
***
216
216
217
...218
218
...219
***
***
**
220
...220
220
...221
回味
...
221
221
223
224
224
...225
***
225
Rule.
Page.
Rule.
L.-DECISION OF QUESTIONS WITHOUT FORMAL SUIT:
Page.
1. Questions of Fact
***
...
··
6. Questions of Law...
206 205
IX.-PROBATE AND ADMINISTRATION :- 183 Deposit of Will in Lifetime
..231
II. SUMMARy Procedure, FOR CLAIMS UNDER 100
DOLLARS...
184 Proceedings on Death
231
...206
III.-SUMMARY PROCEDURE FOR "ÁDMINISTRATION
of Property of DecbASED PERSONS IV.-8UMMARY PROCEDURK ON BILLS OF EXCHANGE
AND PROMISSORY NOTES
I.-Probate or Administration in General II.-Probate and Administration with Will annexed 234
***
232
III.-Administration
...
207
X.-ARBITRATION.......
...295
207
230 Affidavits
XI.-AFFIDAVITS AND Other EvidenCE:-
236
V.-Buits For Sums or 100 DolLAES AND Ur.
WARDS :-mo
26 Petition
***
208
...
...
...
28 Particulars of demand
29 Papers Annexed
30 Amendment
33 Equity
34 Parties...
***
40 Defective Petition
TRO
...
**
41 Copies for Service ...
42 Service of Petition
43 Defence on ground of Law...
44 Answer
...
49 Specific Answer
50 Interrogatories
51 Osth
52 Tender
•
53 Set off...
2.
-
54 Payment into Court
55 Counter claim..
...
***
***
56 Proceedings after Answer
58 Settlement of Issues
59 Reference of Account
**
...
60 Setting down of Case for Hearing
64 Dismissal for want of Prosecution
66 Postponement of Hearing
66 Hearing List and Hearing Paper. 71 Sittings of Court
***
141
...
140
***
84 Proceedings at the Hearing
76 Hearing
81 Jury
96 Judgment
99 Special Case
105 Decrees and Orders
100 Rehearing. New Trial
116 Execution out-of Decrees and Order
119 Stay of Execution
120 Beisure and Sale of Goods
129 Summons to Judgment Debtor
187 Execution out of Jurisdiction
138 Arrest
140 Sequestration
141 Commitment for Disobedience
VL-INTERLOCUTORY PROCEEDINGS.
145 Motions
151 Orders to show Cause
152 Summons
VII.-APPEAL TO SUPREME Court.
I.-In General..........
**
***
***
II.-From Decrees or Orders at Hearing... III-Not from Decrees or Orders at Hearing VIII.-8UMMARY ORDERS BEFORE SUIT
454
14.
ITA
...218
...213
...214
227
...225
...227
297
...229
230
...230
...
***
...209
209
210
***
..
272 Supplemental Statement
278 Death of Party or other Change
218
274 Adjournment
275 Amendment
214
214
***
214
276 Power of Court as to Time 278 Guardian for purposes of Suit
XIII.-CRIMINAL MATT KRS :- I.-In General:
***
140
210 ...210
211
...211
211
243 Other Evidence
246 Witness dead, insane, or not appearing. 247 Oath
249 Admission of Documents
XII-MISCELLANEOUS PROVISIONS :-
249 Attorneys and Agents
252 Proceedings by or against Partnerships 263 Plaintiff out of Jurisdiction ... 254 Service
202 Costs
261 Absconding Defendant
264 Paupers
212
208 Computation of Time
...211
***
***
***
...
***
...240
840
...241
...240
240
241
...241
*
...
242
...242
242
243
...812 ...243
...
...
243
***
243
***
243
**
...243
282 Summons
288 Warrant
***
***
284 Search Warrant
404
285 WitnessES
291 Preliminary Examination
900 Remand
301 Commitment...
802 Bail
307 Preparations for Trial
308 Indictment
811 Hearing
III.-Summary Proceedings :
320 Adjournment
$21 Decision
822 Conviction
823 Dismissal
324 Costs...
***
247
...248
248
.248
***
***
***
949
...250
250
***
...260
250
...250
...251
251
328 Execution of Conviction or Order of Dismissal
XIV.-APPEAL TO SUPREME COURT IN CRIMINAL
CASES
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XV.-GEXERAl Provisions (Civil and CHIMINAL
MATTERS)
Fees
.244
244
**
...244 245
...245
289 Issuing, &c., of Warrant on Sunday or Holiday
II.-Proceedinge by Preliminary Examination and Indictment:
296 Statement of Accused
298 Publicity
299 Recognizance to Prosecute or give Evidence
306 Privileges of Accused
***
***
...245
246
...248
源
246
247
947
...247
...
...
+4
...
营业
命目录
***
RULES OF HER BRITANNIC MAJESTY'S SUPREME COURT
AND OTHER COURTS IN CHINA AND JAPAN.
Framed under the Order of Her Majesty in Council of the 9th day of March, 1865, by the Judge of Her Majesty's Supreme Court, and approved by one of Her Majesty's Principal Secretaries of State.
Dated the 4th day of May, 1865.
1.-DECISION OF QUESTIONS without Formal Suit.
Questions of Fact.
1. Where the parties between whom a suit might be instituted are In what cance
this proceeding agreed as to any question of fact to be determined between them, they may applicable. by consent and by order of the Supreme Court or other Court on summons -which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be tried, proceed to the trial of any question of fact, without any petition presented or other pleading.
2. Such question may be stated for trial in an issue, and such issue Issue. may be set down for trial, and tried accordingly, as if the question stated
were to be determined at the hearing of an ordinary suit.
3. The parties may, if they think fit, enter into an agreement in Money payment, writing, which shall be embodied in an order of the Court, that on the finding of the Court in the affirmative or negative of such issue, a sum of money, fixed in the agreement, or to be ascertained by the Court, upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other, with or without any costs.
On the finding of the Court in any such issue, a decree may be entered for the sum so agreed or ascertained, with or without costs, as the case may be.
4. Where no agreement is entered into as to costs, the costs of the Costs.
whole proceedings shall be in the discretion of the Court.
5. The issue and proceedings and decree shall be recorded, and the Effect of decres, decree shall have the same effect as a decree in a contested suit.
Questions of Law.
6. When the parties between whom a suit might be instituted are In what cases, agreed as to any question of law to be determined between them, they may by consent and by order of the Supreme or other Court on summons,-- which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to e determined,-state any question of law in a special case for the opinion of the Supreme Court, without any petition presented or other pleading.
Where the case is stated under order of a Provincial Court, the Court Special case for shall send the case to the Supreme Court, and the Supreme Court may
Supreme Court, direct the case to be re-stated or to be amended, or may refuse to deter-
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Money payment.
Costa.
Decree,
In what
Course of procedure.
Power efCourt
to direct
w petition.
206
RULES OF SUPREME COURT
1
mine the same if the facts are not sufficiently stated, or if the question thereon is not properly raised, or if the arties cannot agree on an amended case; and may draw inlerences of fact from the facts stated in the case.
7. The parties may, if they think fit, enter into an agreement in writing (which shall e embodied in the order for stating the special case or in some subsequent order), that upon the judgment of the Supreme Court being given in the affirmative or negative of the question of law raised by the special case, a sum of money fixed in the agreement, or to be ascertained by the Supreme Court, or in such manner as it may direct, shall be paid by one of the parties to the other, with or without any costs.
On the judgment of the Supreme Court, a decree of the Supreme Court or of the Provincial Court under whose order the case was stated (as the case may be), may be entered for the sum to be agreed or ascertained, with or without costs, as the case may be.
8. Where no agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the Supreme Court.
9. The special case and proceedings and decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.
II. SUMMARY PROCEDURE FOR CLAIMS UNDER 100 Dollars. 10. Where the Claim which any person desires to enforce by proceed- ings in the Court relates to money, goods, or other property, or any matter at issue of less amount of value than 100 dollars,-or is for the recovery of damages of a less amount than 100 dollar,-proceedings shall be com- menced by summons, and the suit shall be heard and determined in summary way.
11. The summons shall issue without application in writing.
It shall be addressed to the defendant or defendants against whom the claim is made.
It shall state briefly and clearly the nature and particulars of the claim, and the amount sought to be recovered.
It shall be served on the defendant or defendants within the time and in the manner directed by the Court.
A defendant shall not be bound to attend personally to answer the summons, unless required expressly by the summons so to do, but he must attend personally if summoned as a witness.
The provisions of these Rules, relative to suits for sums of 100 dollars and upwards, shall be applicable mutatis mutandis to suits for sums of less than 100 dollars, and shall be so applied accordingly (except as far as the Court may in any case for the avoiding of delay and furtherance of substantial justice think fit otherwise to direct), particularly as to the matters following:-
The service of summons, notices, and orders.
The summoning of witnesses.
The taking of evidence.
The postponement or adjournment of the hearing.
The allowance of costs.
The contents and effect of order, and the enforcement thereof. The recording of the proceedings.
The mode of appeal.
12. Where, either on the application for a summons or before, or at the bearing thereof, it appears to the Court (for reasons to be recorded in the minutes of proceedings) that the nature and circumstances of the case render it unjust or inexpedient to hear and determine the claim in a sum- mary way, the Court may direct proceedings to be taken and carried on by petition, as in suits for sums of 100 dollars and upwards.
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IN CHINA AND JAPAN
III. SUMMAry Procedure for AdmiNISTRATION OF PROPERTY
OF DECEASED PERSONS.
207
13. Any person claiming to be a creditor or a leg tee or the next of In what casos kin, or one of the next of kin, of a deceased person, may apply for and obtain, as of course, without petition filed or other preliminary proceeding, a summons from the Court, requiring the executor or administrator (as the case may be) of the deceased to attend before the Court, and show cause why an order for the administration of the property of the deceased should not be made.
14. On proof of due service of the summons, or on the appearance Order, of the executor or administrator in person, or by counsel or attorney, and on proof of such other things (if any) as the Court requires, the Court may, if in its discretion it thinks fit so to do, make an immediate order for the administration of the property of the deceased; and the order so made shall have the force of a decree to the like effect made on the hearing of a cause between the same parties.
The Court shall have full discretionary power to make or refuse such order, or to give any special directions respecting the