鲁
THE
CONSULAR BUREAU
APR 8 1889
CHRONICLE & DIRECTORY
FOR
chronicle
CHINA, JAPAN, COREA, INDO-CHINA, STRAITS SETTLEMENTS, MALAY STATES, SIAM, NETHERLANDS INDIA, BORNEO,
THE PHILIPPINES, &C.
(WITH
WHICH ARE
"THE INCORPORATED
CHINA
DIRECTORY "
"THE HONGKONG DIRECTORY AND HONG LIST FOR THE FAR EAST")
FOR THE YEAR
1899
AND
THIRTY-SEVENTH YEAR OF PUBLICATION
Dup. 04
L.E.B.
THE LI
HONGKONG
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Special Agent for Advertisements
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INDEX-DIRECTORY.
PAGE
PAGE
House Flags, P'iate of
Frontispiece
Amay; Ahmcriptive and Statistical
Kewkiang Directory.
.200
Amoy Directory
Kinochau, Descriptive....
.136
240
Amoy Ladies' Directory
Kinoohau, Directory
136
246
Anuăm, Descriptive
Kobe (Hyogo), Descriptive and Statistical
64
875
Aunam, Provinces Directory
Kobe and Hyogo, Plan of
64
377
Anping, Descriptive.......
Kobe (Hyogo) Directory...
66
89
Anjing Directory
Kobe (Hyogo), Insurance Offices.
78
(kaugkuk, Descriptive and Statistical.
Kowloon (British) Plan of
404
Bangkok Directory
Kowloon New Territory, Map of
..841
280
405
Balavia, Descriptive and Statistical,
Kowloon (Chinese) Descriptive
.268
516
Batavia Directory
Kowloon (Chinese) Directory
259
617
Bavávia, Plan of.........
Kwanchauwan, Descriptive
208
516
Borneo, Descriptive and Statistical
Labuan, Descriptive and Statistical
506
562
Borneo, British North, Descriptive and Statistical
Labuan Directory
568
.500
Borneo, British North, Directory
Lappa, Descriptive
260
.567
Borneo, British North, Estates Directory
Lappa Directory
200
.571
-Buntenzorg, Descriptive
Lungchow, Descriptive and Statistical
206
517
Cambodia, Descriptive and Statistical
Lungchow Directory
266
399
Cambodia Directory.
Camon, Descriptive and Statistical
Canton Directory
Canton Ladies' Directory
Cebu, Descriptive and Statistical
Cebu Directory
Chetoo, Descriptive and Statistical
Chefoo Directory
Chemulpo, Descriptive
Chemuipo Directory
Macao, Descriptive and Statistical
343
400
Macao Directory
344
250
Macao Ladies Directory
852
.251
Macassar, Descriptive
538
.267
Macassar, Directory.
533
560
Malacca, Descriptive and Statistical
400
560
Malacca Directory
461
130
130
Malay States (Federated), Descriptive. Malay States (Federated) Directory
480
480
น
Manila, Descriptive and Statistical.
636
95
China, Descripuve and Statistical
Manila Directory
538
.102
Manila, Insurance Offices
Chian, Map of............
554
Facing Directory
Manila, Plan of
Chinkiang, Descriptive and Statistical
538
.201
Chinking Directory
Mengtzu, Descriptive and Statistical.
267
202
Chinnampo (Corea), Descriptive.
Mengtzu Directory
207
101
Chinnampo (Corea) Directory
Military Forces (British) in China
318
101
Chungking, Descriptive and Statistical
Mokpo (Corea), Descriptive
100
222
Chungking Directory
Cocnin Unina, Descriptive
Fur East, Mlap of
Mokpo (Corea, Directory
100
223
Nagasaki, Descriptive and Statistical
79
381
Nagasaki Directory
Corea, Descriptive and Statistical
80
Nanging, Descriptive
204
Facing Directory
Nanking Directory
206
Foocnow, Descriptive and Statistical.
231
Naval Squadron, British
Foocnow Directory
673
232
Foocnow Ladies' Directory
Naval Squadron, French
560
238
Naval Squadron, German
584
Foreign Residents, Alphabetical list of.
Formosa, Descriptive
Naval Squadron, Japanese.
500
85
Formosa Directory
Naval Squadron, Russian
681
Fumui, Arvacriptive
Naval Squadron, United States
652
ડ
Fusan Directory
Negri Sembilan, Descriptive and Statistical
488
99
Gensan (Wonsai) or Yuensan, Descriptive
Negri Sembilan Directory
484
97
Geusan (Wolsun) or Yueusan Directory
Netherlands India, Descriptive and Statistical
504
Haiphong, Descriptive and Statistical
Netherlands India Directory
508
364
Haiphong Directory....
Newenwalig, Descriptive and Statistical
126
364
Hakodate, Descriptive and Statistical
Newonwang Directory ....
123
57
Hakoute Directory
Nugata, Descriptive and Statistical
69
57
Nugata Directory.
59
Hangcnow, Descriptive and Statistical
225
Hangcnow Directory
Ningpo, Descriptive and Statistical
227
226
Hanaow, Descriptive and Statistical
Ningpo Director) .
211
Osaka, Descriptive and Statistical
60
Hankow Directory
212
Osaka Directory
80
Hanoi, Descriptive and statistical
355
Hanoi Directory
Padang, Descriptive
531
356
Padang Directory
502
Homow, Descriptive and Statisti al
265
Hoihow Directory .
Panang, Descriptive and Statistical
481
265
Panang Direcwry.
182
Bokow, Descr.pt ve
208
Honow Directory
Paanoi, Descriptive and Statistical
263
208
Pakhoi Directory
204
Hongkong, Descriptive and Statistical
270
Peking, Descriptive and Statistical
106
Hongkong Directory
287
Hongkong, Insurance Offices
Peking Directory
107
333
Penang, Descriptive and Statistical
401
Hongkong Ladies' Directory
.357
Penang Directory.
465
Hongkong, Peak Directory
341
Perak, Descriptive and Statistical
496
Hongsong, Pian of Peak District
341
Perak Directory.
Hongkong, Plan of Victoria
.272
Pilippines, Descriptive and Statistical.
534
Hongkong Streets Directory -
282
Port Arthur, Descriptive
12
Huc, Descriptive and Statistical
.375
Hue, Directory
Port Arthur Directory....
376
Saigon, Descriptive and Statistical.
Ichang, Descriptive and Statistical.
382
222
Saigon Directory
Icnang Directory
.385
22፤
Scugou, Plan of
Indorum, Descriptive.
.381
354
Hono, Descriptive and statistical
Sauanui, Desc.aptive
.201
505
Sanusna. Dievoc)
Homo Directory
556
.201
Sarawak, Descriptive and Statistical
Japali, Descriptive and Statistical
.50
โป
Sarawak Directory
56
Jelenu, "escriptive
483
Jelevu Directory
Selangor, Descriptive and Statistical
48
460
Selangor Directory
Jonore, Descriptive and Statistical.
.48
477
Jonore Directory
Selangor Estates Directory
.49
478
Kelung, Descriptive and Statistical
bemarang, Descriptive
62
મ
Latung Directory
Semarang Directory
88
@wkiang, Descriptive and Statistical
..208
Seod, Descriptivelt.al.from.
Beoul Directory":
TINIERITY OF MICHIGAN
62
Shanghai, Descriptive and Statistical
Shanghai Directory
INDEX
DIRECTORY, Continued
PAGE
-~187 · ·Tambul, Descriptive and Statistical
Tamsui Directory
PASS
86
151
87
Shanghai, Insurance Offices
195
Shanghai, Roads in the Settlements
198
Tientsin, Descriptive and Statistical Tientsin Directory
111
**113
Shanghai, Plan of Foreign Settlements
137
Tientsin, Plan of Foreign Settlements
.113
Shanghai, Plan of Hongkew
144
Tokyo, Descriptive and Statistical
14
Shasi. Descriptive
220
Tokyo Directory
16
Save Directory
220
Tonkin, Descriptive
.355
Sium. Descriptive and Statistical.
403
Tonkin, Provinces Directory
372
Singapore. Descriptive and Statistical
421
Singapore Directory.
.425
Taintau (Kisochau), Descriptive,
138
Tsintau (Kinochau) Directory
136
Ingapore, Insurance Offices
457
Vladivostock, Descriptive
8
Singapore. Plan of
421
Vladivostock Directory
Soochow, Descriptive
Sonchow Directory
200
Weihniwei, Descriptive
.130
200
Weihaiwei Directory
130
Sourabaia, Descriptive
524
Sarabais Directory
527
Winchow Directory
Wenchow, Descriptive and Statistical
.230
281
Steamers, Coasting and River
587
Straits Settlements, Descriptive
421
Whampoa Directory
Whampoa, Descriptive and Statistical
258
258
Sungei Ujong. Descriptive and Statistical
483
Sungei Ujong Directory..
485
Sratow, Descriptive and Statistical
246
Sratow Directory
247
Satow Ladies' Directory
.249
Szemvo, Descriptive
268
Wuhu Directory
Wuhu, Descriptive and Statistical
Wuchow-fu, Descriptive and Statistical Wuchow-fu Directory.
Wonsan (Gensan or Yuensan) Directory
Wousan (Gensan or Yuensan), Descriptive.
97
98
. 261
262
206
207
Smo Directory
269
Takao and Tainanfoo, Descriptive and Statistical
89
Takao and Tainanfoo, Directory
89 |
Yokohama, Insurance Offices.
Yokohania, Descriptive and Statistical Yokohama Directory
34
35
54
Taku, Descriptive and Statistical
125
Yokohama, Plan of
34
Takn Directory.
125
Talienwan, Descriptive
129 |
Takeawan Directory
129
Yuensan (Wonsan or Gensan). Descriptive Yueusau (Wonsau or Gensan) Directory.
97
98
INDEX-TREATIES, CODES, AND GENERAL
PAGE
PAGR
Admiralty, Rules of Procedure in Supreme Court
277
France, Convention. 1895,
Advertisers, Index to....
་་
Germany, Tientsin, 1861.
17
Agents
11
Germany, Peking, 1880
74
Calendar and Chronology
XV
Germany, Kiaochau Convention. 1898
79
Calendar, Anglo-Chinese
XVI
Germany, Railway and Mining Concession, 1898
80
Chair. Boat and Coolie Hire, Hongkong...,
ILVIHI
Great Britain, Nanking, 1842
3
Chambers of Commerce, Scale of Commissions, &c.. Chinese Festivals and Observances
.374
Great Britain, Tientsin. 1858
5
XXVIIT
Chices Passenger Act.
357
Consular Fees, Table of
223
Court of Consuls at Shanghai, Rules of Procedure Costers Seizure, China, Articles relative to
280
31
Centome Tariff,
China.
15
Costmus Tariff,
Customs Tariff, Japan, Conventional
Cutma Tariff, Japan, Statutory
Customs Tariff, Siam
China, Rules.
28
152
Great Britain, Peking Convention, 1860 Great Britain, Chefoo Convention, 1876 Great Britain, Chefoo Convention, Additional Great Britain, Onium Convention. 1888 Great Britain, Chungking Convention. 1890 Great Britain, Thibet-Sikkim Convention, 1890 Great Britain, Burmah Convention, 1897. Great Britain, Kowloon Extension, 1898
12
33
87
39
40
47
41
43
155
Great Britain, Weihaiwei Convention, 1898
884
165
Japan, Shimonoseki, 1895
113
Dossoms Tariff. Corea.
132
Japan, Linotung Convention, 1895.
117
Foreign Juriedliction Act, 1890.
175
Japan, Commercial. Peking, 1896
118
Harbour Regulations, Japan,
.371
Japan, New Ports, Peking, 1896
122
Hagkong, Charter of the Colony
201
Portugal. 1898
105
Hongkong, Cole of Civil Procedure
301
Russia, St. Petersburg, 1881
82
Bangkong, Code of Civil Procedure Ordinance amended.352
Hongkong. Constitution of Councils,
203
Russia, Port Arthur & Talienwan Agreement, 1898 90 Remulations for Russian Land Trade.
R7
Bangkong, Legislative Council, Rules of .
.206 1
United States of America, Tientsin, 1858
92
Hongkong, Port Regulations
301 |
United States of America, Additional, 1869
98
Harkong. Suprem- Court Fees.
354
United States of America, Peking. 1880
100
Letters Patent Fees, Hongkong
391
United States of America, Immigration, 1894
..103
Licences Fees. Hongkong
.381
With Corea :-
Walar States Federation Agreement, 1996
.174
Great Britain. 1883
124
Koner. Weights, and Measures
382
Great Britain, Trade Regulations
129
Orders in Council, H.B.M., China and Japan..
.181
Japan, 1878
139
Orders in Council, H.B.M., China, Japan and Corea
.217
Japan. Supplementary, 1876.
141
Orders in Council, H. B. M., Consular Courts ( Admiralty)222
United States, 1882
.135
Port Regulations for H.B.M. Consulates in China..
368
With Japan :--
Postal Guide, Hongkong
.XXX
Great Britain, 1894
145
Samk, Fire, Storm, &c., Hongkong
ILVIII
Great Britain, Duties Convention, 1895
151
Stamp Duties, Hongkong
.377
Supreme and other Courts in China and Japan, H.B.M.,
Rules of
Russin, Agreements as to Corea 1896 and 1898..143-144 United States, 1886, Extradition Treaty
159
226
With Siam :-
Suprem• Court in China and Japan, H.B.M., Fees.
274
Great Britain, 1856
161
Trade Marks Fees, Hongkong
381
Great Britain, Trade Regulations with
184
Treaties:-
France, 1893
167
With China :---
Japan, 1898
.169
France, Tientsin, 1858...
44
Great Britain and France, Siamese Frontier
173
France, Convention of Peace, 1860.
53
United States Consular Courts in China, Regulations..281
•- France, Tientsin, 1885..
55
United States Consular and Court Fees
287
France, Trade Regins, for Tonkin Frontier, 1886
58
Weights and Measures, Money
382
Trance, Convention, 1887 .
83
4 1
JJ
f
vi
༢༠8•
ENGLISH FIRMS
BESSON
"Prototype
The Military,
Naval and Civil
Bands of the leading
Nations of the World use
By Tenor SliDE TRŪLIBONE. No. 92.
the Besson
"Prototype"
Instruments.
SODE
BESSON & Co., Ltd.,
198, EUSTON ROAD, LONDON, ENGLAND.
Orininal from
INDEX TO ADVERTISERS.
***
PAGE
Cigar FACTORIES, continned La Commercial, Manila La Insular, Manila... CIGAR MERCHANTS:-
915
Kruse & Co., Hongkong
..Back Cover
COAL MERCHANTS :-
ÅDVERTISING AGENTS :-
F, Algar, London
L. P. Fisher, San Francisco AERATED Waters MAKERS :--
A. S. Watson & Co. .....
AGENTS AND ATTORNIES :-
Humphreys Estate and Finance Co....
R. C. Wilcox, Hongkong ... ATTI-FOULING COMPOSITION --
***
***
862
***
883
***
Peacock & Bucban, Southampton, England xii BAKERS :-
French Bakery, Nagasaki... BAND I STUMENTS :
Ball, Bevon & Co., London Besson & Co., London...
BANKS:-
...Back Fly Leaf
***
..
xii
***
vi
Chartered Bank of India, A. and China 860 Hongkong and Shanghai Banking Corpn. 859
Mitsu Bishi Gʊshi-Kwaisha
Mitsui Ginko, Tokyo... National Bank of China
•
...
...
***
PAGE 900 898-9
***
888
Bismarck & Co., Hongkong & Port Arthur 889 F. Blackhead & Co., Hongkong Mitsui Bussan Kaisha
***
Wing Kee & Co., Hongkong COMPASSES, BAROMETERS, &c. :- F. Barker & Son, London... CURIOS AND FINE ART OBJECTS:--- Kwong Ty Cheong, Hongkong... Kwong Man Shing, Hongkong... H. Mess & Co., Nagasaki Sun Shing, Hongkong DENTIST :-
B. Arevallo, Manila
Boyd & Co., Shanghai
...
...
***
***
861
DOCKS:
863
863
New Harbour Dock Co., Singapore
:..
:
...
:.
887
...
>93
...
890
xiv
889
...
889
...
892
890
901
875
877
878
Yokohama Specie Bank
858
879
BAROMETERS, &c. :-
F. Barker & Son, London
xiv
F. Barker & Son, London...
xir
BEANS AND PEAS:
EHRMANNITE :-
Erlanger & Galinger, San Francisco
914
E. Packard & Co., London
907
BELTING MANUFACTURERS :
ELECTRICAL ENGINEERS:
Gandy's
...
...
884
Mather & Platt, Manchester
855
E. Scott & lountain, Newcastle-on-Tyne.. 911
BOOKBINDERS :-
Hongkong Daily Press Office
ENGINEERS AND MACHINISTS
919
Boyd & Co., Shanghai
875
Buffaud & Robatel, Lyons...
912
***
904
•
875
...
...
Savings Bauk, Hongkong and Shanghai 862
●
Hongkong & Whānpoa Dock Co.
Tanjong Pagar Dock Co., Singa ore
DRAWING AND SURVEYING INSTRUMENTS:-
Tasker, Son & Co., Sheffield, Back of Frontispiece
BOOKSELLERS, PUBLISHERS & STATIONERS :-
W. Brewer & Co., Shanghai and Hongkong 885 A. M. & J. Ferguson, Colombo...
Hongkong Daily Press Office...
BRONZES:
H. Ga y, Paris
BUTTER :---
Bretel frères,
CAMERAS :-
***
Valognes, France...
Thos. P. Bethell, Liverpool
CANNED GOODS :-
Cutting Fruit Packing Co....
902
916-7
...
912
912
908
Erlanger & Galinger, San Francisco S. Foster & Co., San Francisco
...
Chas. Southwell & Co., London... CANVAS:
David Corsar & Son Carriage BUILDERS:-
...
***
:
W. T. & 8. 8. Botwood, Ipswich, England 910 CHEMISTS ANd Druggists :------
Fletcher & Co., Hongkong.....
***
Back Board Front Cover
...
Watkins & Co., Hongkong... A. 8. Watson & Co. CISAR FACTORIES :
Alhambra, Manila
Digitized by
Douglas & Grant, Kirkcaldy, Scotland Fenwick & Co., Geo, Hongkong
R. Garrett & Sons, Ld., Leiston, England... 907 Golden State Iron Works, San Francisco... 913 Edward Hayes, Wolverton, England
Hongkong & Whampon Dock Co. L'Huillier & Cie, Vienne, France Marty & d'Abbadie, Haiphong...
Mather & Platt, Manchester Robert Middleton, Leeds
***
904
877
...
912
...
...
876
***
855
xiii
878
914
914 xi
915 New Harbour Doc's Co., Singapore
Patent Shaft and Axletree Co., Wednesbury 905 Richard frères & Coiffard, Lyons
912
***
...
884
E. Scott & Mountai, Newcastle-on-Tyne... 911 Trnjong Pagar Dock Co, Singapore... ENGINEERS CONSULTING; SURVEYORS:-
879
Carmichael & Barlow, Hongkong
883
ENGINEER-Marine:-
Hayes E., Wolverton, England
904
886
ESTATE AGENTS :-
Humphreys Estate and Finance Co. B. C. Wilcox, Hongkong ...
862
883
...
FILTERS :--
897
A. C. Wells & Co., London Original from
906
vili
FIRE ENGINES :---
INDEX TO ADVERTISERS, Continued
Shand, Mason & Co., London
FLOUR MERCHANTS :---
Sperry Flour Company
...
PAGE
...Front Fly Leaf
FRUIT, DRIED AND GREEN-NUTS:-
Erlanger & Galinger, San Francisco... 914
FURNITURE DEALERS:
A Chee & Co, Hongkong.. GOLD AND SILVER LACEMEN
Louis Mathieu, Lyons GRAPHOPHONES :-
P. Bacigalupi, San Francisco
GUNMAKERS :------
...
Jeffery & Co., W. J., London ... HONEY:-
Erlanger & Galinger, San Francisco
HOTELS:-
Amoy: Cosmopolitan... Canton: New Victoria
Hongkong: Peak Hotel Manila: Lala Ari Singapore: Adelphi ... Tientsin: Astor House
督察
·
...
...
891
908
NEWSPAPERS, continued :--- Hongkong Daily Press Hongkong Weekly Press Manila Times
***
Tropical Agriculturist
OIL MILL MACHINERY:-
***
Robt. Middleton, Leeds, England OIL REFINERS :-
PAGE
...
...
...
920
***
...
***
930
...
...
...
800
902
xili
***
907
907
...
...
912
***
884
...
...
915
***
...
rii
Goold's, Limited, Liverpool
M. H Goold & Co., Liverpool...
OPTICIANS :-
L. Lacombe, Paris
PAINTS:-
Carbolineum-Avenarius
***
Paraffine Paint Co., San Francisco
Peacock & Buchan, Southampton
::
...
Torbay Paint Co., London ...Back Fly Leaf
***
...
915
909
914
***
8×2
PAPER MAKERS:-
...
830
John Dickinson & Co., London
...
908
830
PARING KNIVES:-
881
F. Pelle, Paris
...
...
912
881
PAVEMENTS :------
880
911
xiii
...
...
...
***
HYDRAULIC PRESSES:-
Robert Middleton, Leeds
INDIA RUBBER GOODS :-
Tasker, Sons & Co.,Sheffield, Back of Frontispiece
INSURANCES, FIRE:-
Liverpool and London and Globe
865
Phoenix Fire Insurance Co.
866
INSURANCES, MARINE:-
Nippon Sea and Land, Osaka
864
Nippon Marine Insurance...
865
Tokyo Marine Insurance
865
Chas. Southwell & Co., London...
LAMP MAKERS:
LEATHER BELTING:
LEATHER GOODS:
JAMS, JELLIES, &C:-
JEWELLERS, &C:---
Chas. J. Gaupp & Co., Hongkong
Kwong Man Shing, Hongkong
Sun Shing, Hongkong
KHAKI (FOODS :-
E. Spinner & Co., Manchester ...
A. C. Wells & Co., London
Tasker, Sons & Co., Sheffield, Back of Frontispiece
Weeks & Sons, l'hos. J., London
XI
Company at Paray le Monial, France PEN MAKERS:
J. Gillott & Sons, Birmingham John Mitchell, Birmingham M. Turnor & Co., Birmingham PHONOGRAPHS :-
Peter Bacigalupo, San Francisco PHOTOGRAPHERS :-
Mee Cheung, Hongkong H. Yera, Hongkong... PHOTOGRAPHIC ARTICLES :-
Bethell, Thos. P., Liverpool A Chee & Co., Hongkong... PIANOS:
***
***
...
Staub, Nancy, France...
***
...
***
888
PICTURE FRAME MAKER :-
•
869
***
Wo Sun, Hongkong
...
...
xi
***
915
...
...
...
890 885
908
D
886
912
***
890
890
PORTLAND CEMENT :-
855
J. B. White & Bros.
...
906
Green Island Cement Co., H'kong & Macao 882
POTATOES, ONIONS, Garlic:
Erlanger & Galinger, San Francisco
884
914
PRINTERS :-
Hongkong Daily Press Office
918
...
PBINTERS' FURNISHERS :----**
xii
John Dickinson & Co.
903
LOCKS AND SAFES:
PROVISION DEALERS :-
Chubb & Son's Lock & Safe Co., London
X
Cutting Fruit Packing Co....
915
***
Lubricating Oil :-
Goold's, Limited, Liverpool
907
Erlanger & Galinger, San Francisco S. Foster & Co., San Francisco
914
...
***
...
914
MAP MAKERS :·
Chas. Southwell & Co., London
...
Hi
W. & A. K. Johnston, Edinburgh
885
RICE MACHINERY :-
...
MERCHANTS, COMMISSION AGENTS, &C:-
Butterfleld & Swire
883
Douglas & Grant, Kirkcaldy, Scotland ROPE MANUFACTURERS:·
904
R. Ianacs & Bro, Yokohama, etc., Front Fly Leat
Mitsui Bussan Kaisha
893
***
Hongkong Rope Manufacturing Co. Saddlery:-
884
MILL STRAPPING :-
Camille, Jne. (Alp.), Paris
911
***
Tasker, Sons & Co., Sheffield, Back of Frontispiece
SAFES:-
MONUMENTS:
Chubb & Son's Lock & Safe Co., London X
Quan Wah & Co., Hongkong
889
SCIENTIFIC INSTRUMENTS:-
MUSICAL INSTRUMENTS :--
Ball, Beavo & Co., London
Besson & Co., London
EWSPAPERS :-
Ceylon Observer... Cùng Ngoi San Po...
F. Barker & Son, London
siv
***
...
xii
SEEDS
vi
Erlanger & Galinger, San Francisco
914
SHIPBUILDERS:-
902
::
***
...
Boyd & Co., Shanghai
875
917
Geo. Fenwick & Co., Hongkong
875
***
Dyneem by
SHIPBUILDERS, continued:-
INDEX TO ADVERTISERS, Continued
Hongkong and Whampoa Dock Co.... Marty & d'Abbadie, Haiphong...... New Harbour Dock Co., Singapore Tanjong Pagar Dock Co., Singapore SHIPCHANDLERS :-
PAGE
STEEL PEN MAKERS, continued :-
877
M. Turner & Co., Birmingham
876
STEVEDORES :-
... 878
F. M. Plunvner. Manila .
879
Bismarck & Co., Hongkong a d Port Arthur 889 F. Blackhead & to., Hongkong Carmichael & Co., Hongkong
**
Hoo Cheong Wo & Co, Hongkong
Wing Kee & Co., Hongkong
887
836
889
890
Wingkee Co., Hongkong
STOREKEEPERS, SHIPCHANDLERS, &C. :-
...
...
ix
PAGE
zi
901 890
Bismarck & Co., Hongkong and Port Arthur 889 F. Blackhead & Co., Hongkong...
Carmichael & Co., Hongkong
---
.. 887
.. 886
Kruse & Co., Hongkong
888
Meidi-ya, Tokyo, Yokohoma, &c.
895
***
STEAMSHIP LINES:-
STEAM YACHT, Launch & Tug BUILDERS :--
Edward Hayes, Wolverton, England
Austrian Lloyd's Steam Navigation Co. ... 873
914
TEA DEALER:
Yu-Chong, Hongkong
891
TEACHER OF OFFICERS AND ENGINEERS:
J. A. Clarke, Hongkong
883
China Navigation Co...
...
874
TEAK MERCHANTS:
Compañia Trasatlantica
870
...
Denny, Mott & Dickson, Bangkok
901
Eastern and Australian Steamship Co.
873
TIMBER DEALERS:-
Glen Line of >team Packets
872
L. Mallory, Hongkong
882
Hongkong, Canton & Macao Steamboat Co. 875
TYPEFOUNDERS:
Indo-China Stam Navigation Co. ...
864
Tokyo Tsukiji Type Foundry
894
Koninklijike Paketvaart Maatschappij
866
WATCHMAKERS :-
Nippon Yusen Kaisha
863
Chas. J. Gaupp & Co., Hongkong
888
Norddeutscher Lloyd...
869
WINES AND SPIRITS:
Ocean Steamship Company
867
Scottish Oriental Steamship Co.
874
Caldbeck, Macgregor & Co., China Moullon & Cie, Cognac
$92
***
912
Service Subventionne des Correspondences
G. Prel'er & Co., Bordeaux
912
Fluviles du Tonkin
871
United S-tes and China-Japan S.S. Line.. 872
STEEL PEN MANUFACTURERS :- J. Gillott & Sons, Birmingham John Mitchell, Birmingham
...
:
H. Price & Co Hongkong and Manila Ruinart, pè e et fils, Reims
887
885
A. S. Watson & Co.
A
...Front Cover
ix
KE
WIRE MAKERS:-
Washburn & Moen Mfg. Co., San Francisco 915
PARIS
-1878
• GOLD MEDALS
NUMBERS FOR USE BY BANKERS BARRE PENS
-225-226-262-SLIPPENS 352867 16640.601
IN FINE AND MEDIUM POINTS
PARIS
1869
JOSEPH GILLOTT'S
•OF HIGHEST QUALITY GREATEST DURABILITY
AND HAVING
ARE THEREFORE G
CHEAPEST
PENS
1,11
Google UNIVERSITY OF MICHIGAN
1
ENGLISH FIRMS
CHUBB'S
PATENT
LOCKS AND SAFES
CHUBB'S ILLUSTRATED PRICE LIST (sent post
free) gives full particulars of
LOCKS,
SAFES,
DESPATCH BOXES,
WRITING BOXES,
CASH & PAPER BOXES, TRAVELLING
BAGS.
14+
CHUBB'S
PATENT.
CHUBB'S Quality O Safe, Burglar & Fire Resistin
WRITING BOX.
73 Gold & other Medals
AWARDED AT
Made of the best tinned sheet steel, japanned black, and filleted; INTERNATIONAL AND fitted with Chubb's Patent Detector Lock and two Keys, tra", portfolio, instrument pad, note paper, envelopes, patent inkstand, wax, etc., and with space for letters and papers beneath the tray.
BOMBAY
EASTERN
E. PESTONJEE.
T. E. THOMSON & Co., Ltd.
..
•
CALCUTTA
KURRACHEE
LAHORE
LUCKNOW
MADRAS
RANGOON,
COLOMBO
H. J. RUSTOMJEE. PHELPS & Co. MURRAY & Co.
HIGGINBOTHAM & Co. BULLOCH BRO. & Co.
WALKER BROS.
OTHER EXHIBITION
AGENCIES.
HONG KONG
PENANG..
SINGAPORE
YOKOHAMA
LANE, CRAWFORD & PENANG FOUNDRY CO.
HUTTEN BACH, LIE CORT & I
HUTTENBACH BROS. & Co. HOWARTH, ERSKINE & Co., L
LANE, CRAWFORD & (
ALEXANDRIA & CAIRO ADOLPHE STRO
CHUBB & SON'S LOCK & SAFE Co., Ltd
Makers to H.M the Queen, the Royal Mint, and the Bank of England,
128, QUEEN VICTORIA STREET, LONDON. Also at 68, St. James' St.. London, S. W.; Liverpool, Manchester, Wolverhampto
Melbourne, Sydney, Cape Town, etc.
ENGLISH FIRMS
Brussels, 1890.
London, 1861.
40
Embossed
·SELECTED, {M:TURNORSOK: BIRMINGHA
Brussels. 1973.
CURNORADS D WARRANTEDI USURAUNCHAN
Shoulder Pen 095
PEAKMUR.cz
JVANHOEËLN BIRMINGHAMA
Rifleman 01129.
01120 SPRIT DE CORPS TEK
Turned-up Point 01571
ESTABLISHED 1856.
M. TURNOR & CO., LD.
Steel Pen
Manufacturers.
J
TURNOR&C PATENT LOBE POINT ME
BIRMINGHAM.
TRADE MARK
Manufacturers of every description of Metallic Pens, Penholders and Stationers' Sundries.
EIGHT HIGHEST AWARDS, ONLY TIMES EXHIBITED.
CHAS. SOUTHWELL & CO.,
NDOK
Wholesale & Export Manufacturers of
KAI SOUTHWELL. & CV- RANGE MARMALADE
JAMS,
JELLIES, MARMALADES,
CANDIED PEELS.
Also Bottled Fruits; Lemon Squash, Lime Juice Cordial, Plum Puddings,
Speciality in Jelly Marmalades.
Mincemeat, etc., etc. RECISTERED
FULL PRICE LIST Chap Southwell ON APPLICATION.
TRADEMARK
Orders should be accompanied with a remittance, or sent, through a London House
xü
INVENTORS OF
ANTI-FOULING
COMPOSITIONS
FOR STEEL &
IRON SHIPS' BOTTOMS.
Contractors to
ENGLISH FIRMS
Her Majesty's Government,
The India Board,
The Crown Agents for
the Colonies, The Board of Trade,
PEACOCK & BUCHAN, LIMITED
ANTI-FOULING COMPOSITIONS,
FOR IRON, STEEL, WOOD AND SHEATHED VESSELS; "COPPER-PAINT," FOR THE BOTTOMS OF WOOD VESSELS, YACHTS & BOATS,
ORIGINATORS
OF
NON-POISONOUS
READY-MIXED
SANITARY
PAINTS.
READY-MIXED NON-POISONOUS SANITARY PAINTS FOR HOUSE AND SHIP PAINTING, INTERNALLY AND EXTERNALLY. Packed in Lever Lid Tin Cans of 1 lb., 3 lbs., 7 lb., & 14 lbs. each.
MANUFACTORY: SOUTHAMPTON, ENGLAND.
Thos. J. Weeks & Son,
WHOLESALE MANUFACTURERS OF
SOLID AND FANCY LEATHER GOODS,
58, & 60, BANNER STREET,
BUNHILL ROW, LON› ON, E.C., ENGLAND.
SPECIALITIES IN-Commercial, Travelling, Writing, and Dressing Cases, fitted and empty; Sult Cases, Collar and Cuff Boxes, Dispatch and Music Cases, Military Brush Cases, fitted and empty; Tie and Scarf Boxes, Post Bags, &...., &c.
BALL, BEAVON & Co., MANUFACTURERS OF MUSICAL INSTRUMENTS. LONDON, ENGLAND.
Violins.
Guitars.
Mandolines.
Auto Harps. Banjos.
Brass Instruments.
Band Instruments.
Musical Boxes.
(Automatic.)
Melodions. Concertinas.
Harmoniums.
American Organs.
AND ALL KINDS OF
MUSICAL MERCHANDIZE.
WHOLESALE,
Origin
XPORT. UNIVERSITY OF MICHIGAN
Complete ANGLO-AMERICAN
And BOX PRESS OIL MILLS.
ENGLISH FIRMS
ROBERT MIDDLETON,
SHEEPSCAR FOUNDRY, LEEDS, ENGLAND.
JUST
66
THE COSMOPOLITAN" OIL MILL.
xiii
Palm Kernels, Arachids, &c., &c., per day, Cotton Seed, Rape Seed, &c., &c., Copra,
ToCrush from ton to 100 tons of Linseed,
MAKER OF ALL KINDS OF
OIL MILL MACHINERY.
SOLE MAKER OF
LAMBERT'S Patent Continuous" Oil Press,
•
LAMBERT'S Patent Albany Oil Presses.
LAMBERT'S Patent Automatic Cake Moulder.
LAMBERT'S Patent "Economic " Oil Mill.
MEAL CAKE PRESSES.
ANGLO-AMERICAN PB ESSES.
SEED WAREHOUSING AND ELEVATING MACHINERY.
BALING PLANTS for Wool, Cotton, Hay, Straw, & 109 &c.
HYDRAULIC MACHINERY
Pumps, Presses, Accumulators, Valves, &c., &c.
MIDDLETON'S PATENT BRIQUETTE MACHINERY.
Agents at Bombay,
MACBETH BROS. & CO.,
10, Apollo Street, BOMBAY,
| | |
וי
AGENTS AT Calcutta,
JESSOP & CO., LTD.,
1
Ori 99, Clive Stræet, CALCUTTA. UNIVERSITY OF MICHIGAN
ixv
Registered Trade Mark.
VITAM CHIERE
PA METER,
Silver Medal, Sydney
£879.
ENGLISH FIRMS
HIGHEST AWARDS
FOR
COMPASSES & BAROMETERS
ESTABLISHED 1848.
&
F. BARKER
12, Clerkenwell
Second Award, Mel- bourne, 1880.
SON,
Registerad
Trade Mark,
Road, London, England,
MANUFACTURERS OF
HIGH CLASS SURVEYING & DRAWING INSTRUMENTS, ANEROID BAROMETERS, COMPASSES, &c.
Barker's Patent combined Altitude Instrument and Prismatic Compass. Very Useful Instrument for Military, Civil, Surveying and Mini g Engineers, &c.
As Altitude Instrument and Clynometer.
Makers of Pocket and
Surveying Aneroids.
Silver Chased Case Fancy Frame
Barometers.
Pocket Compasses.
Military Night Marching Compasses.
Boat Compasses.
Sample Orde Solicited.
This Aneroid has our improved two-cir le revo'ving registered scald patent metallic thermometer combined in small "second" dial.
With this Instrument, Altitudes, Levels, Horizontal Angles, Compass Bearings, and rise and fall of any surface in degrees, or inches, per yard, can be obtained with accuracy and dispatch.
Full directions for use sent with each Instrument.
•
Barker's Patent Best We h Aseroid Barometer with Improved Metallic Thermome er combined.
REGISTERED No.
213,776
BARKERS'
C
PATENT No.
As Prismatio
7.318.
PATENT.
Compass. Fig. 2.
Makers of
Dumpy Levels
Theodolites.
LAGO •
28
5000
29 1 37
CHANGE
TALLIC
AMERI.
6000
FAIR
23
7000
22
8000
FIG 3.-Made in Silver, Aluminium, in Gilt Cases.
Prismatic Compasses.
Sextanis.
These Instruments are of finest workmanship. They are in- valuable to engineers, military men and travellers; with this instrument height of hills, mountains, &c., can be
with great accuracy.
ascertained
Sun-Dials.
Mining Compasses.
Mining Instruments.
Indents through Merchants,
or Orders sent direct, receive our best attention.
Crystal Ball Compass.
HIGH CLASS CHARM COMPASSES IN GOLD AND SILVER MOUNTS.
Day and Night Compass. Charm Measuring Instrument.
Plain Band Lens Compass.
ENE
EESE
Fig. 5.
Fig. 6.
Fig. 7.
Write for illustrated and descriptive trade catalogue, post free. F. BARKER & SON, 12, Clerkenwell Road, London,| ENGLAND.
1 ||
ני
=
Fig. 4.
Anglo-Chinese Calendar for 1899.
BEING LXII. &
OF QUEEN
LXIII.
VICTORIA,
XXIV. of Kwang-sit, being Mo-shut, or the 35th Year of the Cycle, and XXV. of Kwang-sil, being Ki-hai, or the 86th Year of the Cycle.
十二緒光
年五十二猪光至戌戊歲年
APRIL
MAY
JUNE
JULY
AUGUST
SEPTEMBER
OCTOBER
NOVEMBER
DECEMBER
(30 Days)
(81 Days)
(30 Days)
(31 Days)
(31 Days)
(30 Days)
(31 Days)
(30 Days)
(31 Days)
DAYS
lof the
WERK
DATE
2 & 3
NOOR
DAYS
of the
WREK
DATE
3 & 4
KOOW
11 21 Mon.
Tues.
23 Wed.
MLYCT
DAYS
of the
WERK
u 22 Thur. | 1| 1v 23Sat.
DAYS
of the
WARK
4 & 5
ADOTT
DATE
92 9
NOOT
DATN
of the
WEBK
DATE
6 & 7
NOOK
DAYS
of the
WEKK
DATE
7 # 8 MOON
DAYS
of the
WEEK
DAYS
of the
WERK
ATE
DATE
10 & 11 Moox
亥
JANUARY
FEBRUARI
(81 Days)
(98 Days)
DAYS
of the
WEEK
Mon.
Dath
11 & 12
KOOK
DAYB
lof the
WEEK
1 x 20 Wed. 21 Thur.
22 Fri.
23,Sat.
DATE
12 & 1
NOOW
MAROH
(31 Days)
DAYS
of the
WEEK
xu 21}Wed.
22 Thur.
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24 Sat
DATE
1 & 2
MOON
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v 24 Tues.
21 $.
23 Fri.
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22 Mɔn.
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28 Thur.
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VII 27
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xvi
THE CALENDAR FOR 1899
JANUARY-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st 15th
........6h. 42m.
5h. 26m.
1897
1898
..6h. 44m.
5h. 35m.
Maximum Minimum
.79
74
.47
46
MOON'S PHASES
d. h. Last Quarter 5 10 New Moon 12 0 First Quarter 18 Full Moon
sec.
27
0 3
m. 57 25 47 A.M. 13 41 A.M. 10 42 A.M.
46 A.M.
Barometer, 1898.
Mean.....
.30.20
PERIGEE, 12 days, APOGEE, 26 days,
8.44 hours, A.M.
1.40 hours, A.M.
1897
2.26 inches
RAINFALL
1898 1.16 inches
Days of Days or 11 & 12
WEEK
MONTH
MOONA
Sun.
1
20
Mon.
סא
2
21
Tues.
3
22
Wed.
4
23
Thur.
5
24
Frid.
6
25
Sat.
26
Sun.
8
27
Mon.
9
28
Tues.
10
Wed.
11
R=
29
30
Thur.
12
1
Frid.
13
No
2
Sat.
14
3
Chronology of REMARKABLE EVENTS
1ST AFTER CHRISTMAS. Kobe and Osaka opened, 1888. Overland Telegraph through
Russia opened, 1872.
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
Forts at Chuenpi taken with great slaughter, 1841.
1st after EpipHANY. Ice one-fourth inch thick at Canton, 1852. British str. "Namchow"
sank off Cup Chi near Swatow; about 350 lives lost, 1892.
Murder of Mr. Holworthy at the Peak, Hongkong, 1869. 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, 1848.
Secretary of American Legation murdered at Tokyo, 1871.
Sun.
15
4
Mon. 16
5
2ND AFTER EPIPHANY. Bread poisoning in Hongkong, by Chinese baker Alum, 1857. Severe frost in Hongkong, 1893.
Tues. 17 Wed. 18 Thur.
The Tai-wo gate at the Palace, Peking, destroyed, 1889.
19
678
7
Great Gunpowder explosion in Hongkong harbour, 1887.
8
Frid.
20
Sat.
21
Sun,
22 Mon. 23
Tues. 24
Wed.
Thur.
Frid.
Sat.
Sun.
Mon.
Tues.
2 2 2* * * *****
9
10
11
12
P. & O. steamer "Niphon" lost off Ainoy, 1868.
13
25
14
26
15
27
16
28
17
29
18
30
19
31
20
Elliot and Kishen treaty, ceding Hongkong, 1841. Sailors' Home at Hongkong formally
opened, 1883.
Attempt to set fire to the C N. Co.'s steamer Pekin,' at Shanghai, 1891.
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.
3RD after EPIPHANY. The first Chinese Ambassadors arrived in London, 1877.
Matheus Ricci, the Jesuit Missionary, enters Peking, 1801. U.S. corvette
lost through collision with P. & O. 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.
SEPTUAGESIMA SUNDAY. Decree from Yung-ching forbidding, under pain of death, the
propagation of the Christian faith in China, 1733.
Lord Saltoun left China with $8,000,000 ransom money, 1846.
Outer forts of Wei-hai-wei captured bý Japanese, 1896-| from
11
44
"Oneida "
"
*
THE CALENDAR FOR 1899
FEBRUARY-28 DAYS
SUNRISE
1st
15th
SUNSET .................6h. 41m. 5h. 47m. ..6h. 33m. 5h. 56m.
HONGKONG TEMPERATURE
1897
1898
Maximum
.77
77
Minimum
.41
50
MOON'S PHASES
d. h. m. sec.
Last Quarter 4 1 New Moon 10 First Quarter 17
Full Moon
25
PERIGEE, 9 day, APOGEE, 22 days,
12 & 1 MOOKS
0
44 A.M.
BAROMETER, 1898
5 7 47 P.M. 4 28 40 P.M. 9 51 49 P.M.
Mean......
.30.16
9.42 hours, P.M.
8.40 hours, A.M.
1897
RAINFALL
1898
1.82 inches
2.52 inches
Days of Days or
Могтн
Wed.
1
21
Thur.
2
22
Frid.
23
Sat.
24
Sun.
5
25
Mon. 6
26
Tues.
7
27
Wed.
00
8
28
Thur.
9
29
Frid.
10
NY.1
Sat.
11
2
Sun
12
3
Mon. 13
4
Tues.
14
5
Wed. 15
6
Thur. 16
7
Frid. 17
Sat. 18
Sun.
Mon.
Tues. 21
Werl.
Thur.
* * * * *
19
10
20
11
12
22
13
23
14
Frid.
24
15
Bat.
Bran
Mon.
Tues.
****
25
16
26
17
27
18
28
19
xvi
Chronology OF REMARkable EvenTS
•
Inhabitants of Hongkong declared British subjects, 1841. The Additional Article to Chefoo Convention came into force, 1887. Mrs. Carew sentenced to death at Yoko- hama for the murder of her husband; sentence commuted to penal servitude, 1897.
Weihaiwei citadel captured by The new German Club at Hongkong opened, 1872.
Japanese, 1895
Great robbery in the Central Bank, Hongkong, discovered, 1865. Agreement opening
West River signed, 1897 SEXAGESIMA SUNDAY. Anti-Foreign riot at Chinkiang, foreign houses burned and looted,
1889.
The Spanish Envoy Halcon arrived at Macao to demand satisfaction from the Chinese for
the burning of the Spanish brig "Bilbaino," 1840.
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.
The Japanese constitution granting representative government proclaimed by the
Emperor in person at Tokyo, 1889. QUINQUAGEBINA SUNDAY.
Outbreak of Convicts in Singapore Gaol, 1875. Surrender of Liukungtau Island forts
and remainder of the Chinese fleet to the Japanese, 1896
Shrove Tuesday. St. Valentine's day. Tung" Wah Hospital, Hongkong, opened by Sir
R. G. MacDonnell, 1872.
ASH WEDNESDAY. Ports of Hongkong and Tinghai declared free, 1841. The Chinese frigate
'Yu-yuen" and corvette "Chin-cheng" sunk by the French in Sheipoo harbour, 1885. Insurgents evacuated Shanghai, 1855. Stewart scholarship at Central School, Hong-
kong, founded, 1884. Alice Memorial Hospital, Hongkong, opened, 1887.
The U.S. paddle man-of-war " Ashuelot "wrecked on the East Lammock Rock, near
Swatow, 1883.
18t in LENT. 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, 1876.
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.
Chuman evacuated by the British troops, 1841. Explosion of boiler of the str. "Yotaal" between Hongkong and Macao; six Europeans and thirteen Chinese killed and vessel destroyed, 1884.
Captain Da Costa and Lieut. Dwyer murdered at Wong-ma-kok, in Hongkong,
1849.
2ND IN LEXT. Bogue Forts (Canton) destroyed by Sir Gordon Bremer, 1841. Hongkong
police chop burnt, 1884. Marriage of the Emperor Kwang-mu, 1889. Treaty of peace between Japan and Korea signed at Kokwa, 1876. Evacuation
of Port Hamilton by the British forces, 1887.
Capture of the Sulu capital by the Spaniards, 1876.
Dynep by
Original fro,"
xvii
THE CALENDAR FOR 1899
MARCH-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st
........6h. 23m.
6h. 02m.
1897
1898.
15th
...6h. 10m.
6h. 08m.
Maximum Minimum
......82
80
.55
53
MOON'S PHASES
d. h. m.
sec. Last Quarter 5 11
47 A.M. New Moon 12 3
48 A.M. First Quarter 19 10 59 48 A.M.
42
Barometer, 1898.
28
Mean.......
.30.01
Full Moon
27
1 54 45 P.M.
4.46 hours, a.m. 1.43 hours, A.M.
1897
0.82 inches
RAINFALL
1898
0.17 inches
20
21
22
Sat.
23
Sun.
24
Mon.
6
25
Tues.
7
26
PERIGEE, 10 days, APOGEE, 22 days,
Dats or DAYS OFĮ 1 and 2
WBEK
Wed. Thur.
Frid.
MONTH | MOONS
123
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 audience by the Emperor at the Tsz Kuang
Po, 1891.
Emperor Kwang-su assumes the government, 1889.
38D IN LENT. Expulsion of Chinese Custom House from Macao by Governor Amaral, 1849.
Hostuities at Canton recommenced. Fort Napier taken by the English, 1841.
Departure of Governor Sir J. P. Hennessy from Hongkong, 1882.
Wed.
27
Arrival in Hongkong of Prince Henry of Prussia, 1898.
Thur. 9
28
Attack on Messrs. Farnham and Rohl at Shanghai, 1872.
Frid.
10
29
Sat.
11
30
Sun. 12
1
Mon.
Tues. 14
13
2
3
Wed.
Thur.
Frid.
Sat.
Sun.
Mon.
Tues.
Wed.
Thur. 23
Frid. 24
Sat.
Sun.
Mon.
Tues.
Wed.
Thur.
F2 R 1 2072 2 2 2 2 * ** *** 22-
15
16
5
17
18
7
19
8
Wreck of the steamer "Nanzing," near Hongkong, 1891.
20
9
British ship **Sarah," first free-trader, sailed from Whampoa, 1834.
21
10
Death, at Peking, of Sir Harry Parkes, H.B.M. Minister to China, 1885.
22
11
Captain Elliot forced his way to Canton, 1839.
12
13
25
14
26
15
27
16
First Section of Manila-Dagupan railway opened, 1891. Attempted assassination of Li
Hung-chang at Shimonoeki, 1896.
Captain Elliot demands passports for himself and all the British subjects imprisoned in
Canton, 1839,
PALM SUNDAY. Great Flood at Foochow, 1874.
Death of the widow of the Emperor Tung-chi, 1876. Protocol of Convention between
China and Portugal signed at Lisbon, 1887.
28
17
20,289 chests of Opium burned by Lin, 1839.
29
18
Seizure and occupation of the Pescadores by the French fleet, 1885.
30
19
Frid.
31
20
Arrival of Governor Sir George Bowen, G.C.M.G., in Hongkong, 1883. GOOD FRIDAY. Abolition of the coolie trade at Maçao, 1874. Duchess of Connaught in Hongkong, 1800-iginal from
H
Arrival of the Duke and
Lin arrived in Canton, 1839. 12,000 Chinese troops attacked the English in Ningpo and
Chinhai and were repulsed with great slaughter, 1842.
Governor sir R. G. MacDonnell arrived in Hongkong, 1866.
4TH IN LENT. Imperial Commissioner Ki-chen, degraded by the Emperor, left Canton as
a prisoner, isii. 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, 1885.
Chinese Envoy Ping and suite left Shanghai for Europe, 1866.
St. Patrick's Day. Lord Macartney's Embassy left China, 1794.
Edict of Commissioner Lin to surrender all opium in Canton, 1839. Chungking declared
open to fore.gn trade, 1891.
6TH IN LENT. Governor Sir G. Bonham landed at Hongkong, 1848.
THE CALENDAR FOR 1899
APRIL-30 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st 15th
.....5h. 55m.
6h. 14m.
1897
1898
.5h. 41m. 6h. 19m.
Maximum
..83
86
MOON'S PHASES
Minimum
..58
58
d. h. m. sec.
Last Quarter 3 7 New Moon First Quarter 18 Full Moon
31
47 P.M.
Barometer, 1898
10
1
56 47
P.M.
Mean.....
6
19 41
.29.98
26
2 57 48
A.M.
A.M.
xix
MONTH
MOONS
Sat.
1
21
22
3
23
24
Wed.
5
25
Thur. 6
26
Frid.
27
Sat.
28
Sun.
9
PERIGEE, 6 days, APOGEE, 18 days,
Days of Days or 2 and 3
WEEK
Sun
Mon. Tues.
4 W 2
7 8 9
8.41 hours, P.M. 9.39 hours, P.M.
1897
3.24 inches
RAINFALL
1898
3.44 inches
CHRONOLOGY OF REMARKAble Events
The port of Hoihow, Hainan, opened, 1876. The ports of Pakhoi, Wenchow, Wuhu,
and Ichang opened, 1877.
EASTER DAY. French flag hoisted at Kwangchauwan, 1898.
Protocol arranging the preliminaries of peace between France and China signed at Paris, 1885. The Czar ewitch and Prince George of Greece arrive in Hongkong, 1891.
Bogue Forts destroyed by General D'Aguilar, 1847. Wheelbarrow Riot at Shanghai, 1897. 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, 1866. Indignation Meeting at Sorph; i respecting Whee
barrow Riot, 1897.
Arrival of M. Paul Bert at Hanoi, 1886.
18T AFTER EASTER.
Mon.
10
Tues.
11
ลง
2
Wed.
12
Thur.
13
Frid.
14
Sat
15
Sun. 16 Mon. 17
7
Tues.
18
Wed.
Thur.
19
20
Frid.
21
Sat
Sun.
Mon.
Tues.
* * 2 * N ***
9
10
Terrific tornado in Canton; 2,000 houses destroyed, and 10,000 lives lost, 1878.
87,000 Christians butchered in Japan, 1738. Death at Peking of Marquis Tseng,
1890.
Presentation of colours to Hongkong Regiment, 1895,
St. Francis Xavier left Goa for China, 1552.
2nd After Easter. Governor Sir Arthur Kennedy arrived in Hongkong, 1872. Telegraph to Shanghai opened, 1871. Execution at Kowloon city of nineteen pirates (including "Namos " pirates), 1891. Treaty of Peace between China and Japan signed at Shimonoseki, 1895.
Convention between China and Japan settling Corean differences signed at Tientsin, 1885.
The 0. & O. steamer " San Pablo" wrecked near Turnabout, 1888.
The "Sir Charles Forbes," the first steamer in China waters, arrived, 1830. The
Czarewitch arrived at Hankow, 1891.
11
12
22
13
Resignation of Shanghai Municipal Council, 1897
East India Co. ceased trade with China, 1884. Arrival of Governor J. Pope Hennessy in
Hongkong, 1877.
14
SRD after Easter.
St. George's Day.
24
15
25
16
Capture of the cit udel at Hanoi, Tonkin, by the French forces, 1882, Departure of
Sir William Marsh, acting Governor of Hongkong, 1887.
Wed.
Thur. 27
Frid
Sat.
Sun.
* * 2 2 S
26
17
Foundation at ɔne of Victoria College, Hongkong, laid, 1884.
18
28
19
Ratifications of Corean treaty with England exchanged, 1884. Privy Council for Japan
constituted by Imperial decree, 1888.
29
20
30
21
Digitized by
4th after Easter. Arrival of General Grant in Hongkong, 1879.
Original fro** UNIVERSITY OF MICHIGAN
ΧΙ
THE CALENDAR FOR 1899
MAY-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st 15th
.5h. 29m.
6h. 25m.
1897
1898
.5h. 21m.
6h. 31m.
Maximum Minimum
.90
91
.68
65
MOON'S PHASES
d. h. m. sec.
Last Quarter New Moon First Quarter 17 Full Moon
10
23
3 1 20 47 A.M. 1 14 48 A.M. 0 49 40 A.M. 1 24 49 P.M.
Barometer, 1898
Mean...
29.84
Frid.
Sat.
Sun.
Mon.
29
Tues.
9
30
Wed.
10
1
Thur.
11
2
Frid.
12
3
Sat.
13
Sun. 14
5
E
Mon.
15
6
Tues. Į
16
7
Wed.
17
8
Loss off Amoy of the French war steamer **
Shanghai, 1879.
PERIGEE, 2 days, 3.46 hours, A.M. APOGEE, 16 days, 4.41 hours, P.M. PERIGEE, 28 days, 2.38 hours, A.M.
DAYS OF DAYS OF 3 and 4
1897 14.86 inches
RAINFALL
1898 5.70 inches
CHRONOLOGY of Remarkable EvenTU
First number of "* 'Hongkong Gazette" published, 1841. Telegraphic communication established between Hongkong and the Philippines, 1880. Spanish fleet destroyed by U.S. fleet at Cavite, 1898.
Ratification at Tientsin of the Treaty between Portugal and China, 1888.
WEEK
MONTH
MOONS
Mon.
1
22
Tues. Wed.
2
23
24
25
5
26
British troops evacuated Ningpo, 1842.
27
Thur.
*34
6808 o
4367
*** ***28
W N
Suspension of Oriental Bank, 1884.
Riot in French Concession at Shanghai, 1874. Roman Catholic Cathedral at Peking
inaugurated, 1884.
Attack on Mr. Wood at the British Legation at Tokyo, 1874.
ROGATION SUNDAY. Departure of Governor Sir William Des Vœux from Hongkong, 1891.
New Town Hall at Tientsin opened, 1800.
Waglan Lighthouse opened, 1893.
Hongkong declared infected with plague, 1894. Colonel Gordon with the Imperial troops captured Chang-chow, the rebel city, 1864. Occupation of Port Hamilton by the British Squadron, 1885.
Ascension Day. Attempted assassination of the Czarewitch by a Japanese at Otau, Japan 1891. Execution of fifteen pirates (including leader of "Namos" pirates) at Kowloon, 1891. East India Co.'s garden at Canton detroyed by the Mandarins, 1831.
A corporal of the British Legation murdered by Chinese soldiers at Peking, 1864. Anti-
Foreign riot at Wuhu, 1891.
AFTER ASCENSION. Arrival of Sir John Walshamn, Bart., in Hongkong, on his way to
Peking to assume the functions of British Minister, 1888.
Ratification at Peking of the amended Treaty between Russia and China, 1881. Anti-
foreign riot in the Hochow district, 1891.
Izere," 1860. Arrival of General Grant in
Thur.
18
9
Frid.
19
10
Sat.
Sun.
Mon.
Tues. 23
Wed.
Thur.
Frid. 26
Sat.
Sun.
Mon.
2* **** ** **
20
11
21
12
22
13
14
24
15
25
16
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.
Forts at mouth of Peiho captured by British and French forces, 1858. The Canton Mint
commenced striking silver coins, 1890.
WHIT SUNDAY. 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. Brush flag hoisted at Wei-hai-wei, 1898.
The city of Canton invested by British troops, 1841. Anti-foreign riot at Nanking, 1891.
Forniosa Republic declared, 1895.
Death of Grand Secretary Wen-siang, 1876.
17
Canton ransomed for $6,000,000, 1841.
27
18
TRINITY SUNDAY.
28
19
29
20
Tues. 30
21
Wed. 31
22
Queen's Statue, Hongkong, unveiled, 1896. Great rain storm in Hongkong, serious
damage, 1889. Anti-Foreign riots in Szechuen, 1895.
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.
Typhoon at Hongkong and Macao;
1875
# # #
low of the "Poyang," with 100 lives, near Macao,
Original fro11
1
THE CALENDAR FOR 1899
JUNE-30 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st...
....5h. 16m.
6h. 38m.
1897
1898
15th....
.5h. 16m.
6h. 44m.
Maximum
....90
91
Minimum
.74
74
MOON'S PHASES
d. h. m. sec.
Last Quarter
1
6
30
47
A.M.
New Moon
8
1
56 45
P.M.
BAROMETER, 1898
First Quarter 16
5
22 45
P.M.
Mean.....
29.69
23 9
56 42
P.M.
xxi
Full Moon
Last Quarter 30 0
21 40 P.M.
APOGEE, 13 days, 10.37 hours, A.M. PERIGEE, 25 days, 11.44 hours, A.M.
Days of Days or 4 and 5
WERK
MONTH
Thur.
1
Frid.
2
Sat.
2 3
45
MOONS
23
24
* * * ** 2 2
33
7
1897
23.36 inches
RAINFALL
1898 14.25 inches
CHRONOLOGY or RemarkaBLE EVENTS
Attempt to blow up the Hongkong Hotel, 1868. New Opium Agreement between
Hongkong and China came into force, 1887. Anti-foreign riot at Tanyang, 1891. Hongkong connected with London by wire, 1871. Formal transfer of Formosa from
China to Japan, 1895
Earthquake at Manila, killing more than 2,000 persons, 1863. Death of Sir Arthur Kennedy, 1883. Russell & Co. suspend payment, 1801. Kelung taken possession of by Japanese, 1895
1ST AFTER TANITY. Treaty between France and Corea signed at Seoul, 1886. West River
opened, 1897.
Departure of the first O. & O. steamer from Hongkong to San Francisco, 1875. Mesars.
Argent and Green murdered in an Anti-foreign riot at Wuhsueh, 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.
Suspension of New Oriental Bank, 1892. The P. & O. steamer Aden wrecked off Socotra
78 lives lost, 1897.
Typhoon at Forinosa; loss of several vessels, 1876.
2nd aftan TriNITY. 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 condemning attacks on Foreigners, 1891.
Russian and Chinese treaty, 1728.
暴露
Tidal Wave, Japan, 28,000 lives lost, 1896. British bark *Cæsar" and Danish schooner **Carl" taken by pirates off Pedro Blanca 1886. Hope Dock opened at Aberdeen, 1867. Woosung taken, 1842.
25
Sun
26
Mon.
27
Tues.
6
28
Wed.
7
29
Thur.
8
Frid.
9
Sat.
10
Sun.
11
4
Mon.
12
Tues.
13
Wed.
14
Thur.
15
Frid. 16
9
Sat.
17
10
Sun.
18
11
Mon. 19 Tues.
12
13
Wed.
21
14
Massacre at Tientsin, 1870.
Thur.
15
Frid.
16
Sat. 24
17
Sun.
25
18
19
20
21
1 CFR 227 ** ** * * * 2 2
Mon.
Tues
Wed.
Thur.
Frid.
26
27
28
29
30
222
23
First foreign-owned junk leaves Chungking, 1891.
3RD AFTER TRINITY. Explosion of the "Union Star" at Shanghai, 17 persons killed and 10 wounded, 1882. Disastrous inundation at Foochow, two thousand lives lost, 1877.
Shanghai occupied by British forces, 1842.
Queen's Accession, 1837. Macartney's embassy arrived in China, 1793. Attack on mis-
sion premises at Haimen city, 1891.
Canton blockaded by English forces, 1840. Diamond Jubilee celebration, 1897.
Ki-ying visits Hongkong, 1848. Shock of Earthquake in Hongkong, 1974. French troops
surprised by Chinese near Langson, 1884.
Assassination of M. Carnot, President of the French Republic, 1894.
4TH AFTER TRINITY. Treaty of Nanking exchanged, 1843. Attack on British Legation at
Tokyo, 1882.
Treaty between England and China signed at Tientsin, 1858. Additional Convention
between France and China signed at Peking, 1887.
Treaty between France and China signed, 1868. Confiscation of the str. " Prince Albert "
by the British Consul and Customs at Canton, 1866.
Queen's Coronation 1838.
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.
Woosung railway, 1876. Flooding of the
Opening of a section of the Shanghai and Takasima coal mines, 1891. UNIVERSITY OF MICHIGAN
xxii
THE CALENDAR FOR 1899
JULY-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st 15th
..5h. 20m. ...5h. 25m.
6h. 47m.
1897
1898
6h. 45m.
Maximum Minimum
...90
89
.75
76
MOON'S PHASES
d. h.
m. sec.
New Moon
8
4
7
44
A.M.
Barometer, 1898
35
40
A.M.
Full Moon
23
5
17
46
A.M.
Mean.........
.29.77
6 and 6
MONTH
MOONS
Sat.
1
24
Sun.
2
25
Mon.
3
26
Tues. 4
27
First Quarter 16 7
Last Quarter 29 8 18 45 P.M.
APOGEE, 10 days, 11.41 hours, P.M. PERIGEE, 23 days, 6.41 hours, P.M.
DAYS OF DAYS OF
WEEK
1897
5.57 inches
RAINFALL
1898
7.05 inches
CHRONOLOGY of Remarkable Events
Hakodate, Kanagawa, and Nagasaki (Japan) opened to trade, 1857. Two Swedish
missionaries murdered at Sungpu, 1893. STII AFTER TRINITY. Amoy forts and many junks destroyed by 'H.M.S. "Blode," 1840.
French Expedition from the Hoongkiang arrived in Hongkong, 1873.
Steamer "Don Juan" burnt at sea near Philippines; 145 persons perished, 1893.
Declaration American Independence, 1776. Telegraph cable laid between Hongkong
and Macao, 1884.
Wed. 5
28
Tinghai first taken, 1840. Attack on British Embassy at Tokyo, 1881.
Thur. 6
29
Frid.
7 30
Order of nobility instituted in Japan, 1884.
Sat.
1
Canton factories attacked by Chinese, 1846.
Sun.
9
2
Mon. 10
3
Tues. 11
4
Wed. 12
5
Thur. 13
6
Frid. 14
7
Sat.
15
8
Sun.
16
9
Mon. 17
10
OTH AFTER TRINITY. First Dutch embassy arrived at Tientsin, 1656.
Portuguese fleet, left Malacca for China, 1522. The Yangtsze blockaded by British
fleet, 1840. Engagement between the American Naval Forces and the Coreans: the Expedition
leave to await instructions, 1871. Amherst's embassy arrived in China, 1816.
Foreign Inspectorate of Customs established in Shanghai, 1854. Suspension o. Hongkong
Police Officers for accenting bribes, 1897, First English ship reached China, 1635.
Paknam, 1893.
Statue of Paul Bert unveiled at Hanoi, 1890.
Shimonoseki forts bombarded by the English, French, and American squadron, 1873
Eruption of Bandai-san volcan^, Janan : 500 persons killed, 1888,
7TH AFTER TRINITY. British trade with China re-opened. 1842. The King of Cambodia
arrived on a visit to Hongkong, 187?,
Ninpo Joss-house Riots, Shanghai ; 15 killed and many wounded, 1898.
French gunboats fired on by Siamese nt
Tues.
18
11
Terrible earthonake at Manila, 1990.
Additional Article to Chefoo Convention signed in
London, 1885.
Wed.
19
12
Nanking captured by the Imperialists, 1863,
Thur. 20
Frid. 21
Sat.
Sun,
Mon.
Tues.
Wed.
26
Thur.
27
Frid. 28
Sat.
29
22 * * * * * * *
13
14
22
15
23
16
17
25
18
19
20
21
22
22
333
Sun. 30 Mon. 31
23
24
Wreck of the C. M. 8. N. Co.'s str. "Pantah" on Shantung Promontory, 1887.
Yellow River burst its banks at Chang-kiu, Shantung; great inundation, 1889.
8th after TRINITY. Armed attack on Japanese Legation at Seoul, Corea, and eight
inmates killed, 1882.
British trade nenhibited at Canton, 1934. Anglo-Chinese Burmah Convention signed
at Peking. 1998,
"Kowshing." British steamer carrying Chinese troops, sunk by Japanese, with low of about 1,000 lives. 1894. Defeat of British forces at Taku, Admiral Hope wounded, 1859,
New Hongkong Club onensi, 1997.
Canton opened to British trade, 1843. Terrific typhoon at Canton, Macao, Hongkong, and
Whampoa; loss of life estimated at 40,000 persons 1962.
Nanking re-taken by Imperialists, 1864.
German Gunboat I'is wrecked" off Shantung Promontory ; all but eleven of the crew
perished, 1896. Outbreak of rebellion at Manila, 1896.
9th After TriwITY. Severe typhoon at Macso, 1836.
Dyneem by
Google UNIVERSITY OF MICHIGAN
THE CALENDAR FOR 1899
xxiii
AUGUST-31 DAYS
1st 15th
SUNRISE .....5h. 33m.
SUNSET
HONGKONG TEMPERATURE
6h. 39m.
1897
1898
.5h. 38m. 6h. 31m.
Maximum
..89
90
MOON'S PHASES
Minimum
.73
75
d. h. m. sec.
New Moon
6
7 24 40 P.M.
7
30 42
21
0
21 40 7 33 41
First Quarter 14 Full Moon Last Quarter 28
APOGEE, 7 days, PERIGEE, 21 days,
DAYS OF Days or WEEK MONTH
6 and 7 Mooxs
5.39 hours, A.M. 4.43 hours, A.M.
Chronology of Remarkable Events
Both China and Japan declare war, 1894. Kucheng massacre, 1895.
P.M.
BAROMETER, 1898
P.M.
Mean.......
...29.66
A.M.
1897
25.55 inches
RAINFALL
1898 9.90 inches
Tues.
1
25
Wed.
2
26
Thur. 3
27
Victims of Massacre at Tientsin buried, 1870.
Frid.
4
28
British fleet arrived before Nanking, 1842.
Sat.
29
Sun.
Mon.
Tues.
62 8
1
7
2
8
Wed.
9
Thur.
10
5
Frid. 11
6
Sat.
12
7
Sun.
13
8
Mon. 14
9
Tues.
15
10
Wed.
16
11
Thur. 17
12
Frid.
18
13
Sat.
19
14
Sun. 20
15
$4
Mon. 21
16
Tues.
22
17
Wed.
18
Macartney's Embassy entered Peiho, 1796. Bombardment of Kelung by French, 1884.
10TH AFTER TRINITY. 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, who
suggested the establishment of a Chamber of Commerce, 1834.
11th after TRINITY. 174 British prisoners executed in Formoss, 1842. Manila occupied
by U. S. Troops, 1898.
Tong-ur-ku taken, 1860.
Great Fire on French Concession, Shanghai; 991 houses destroyed; loss Tls. 1,500,000
1879. Total loss of the E. & A. steamer "Catterthun" near Sydney, 1895.
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. Great fire in Hongkong, 1808.
12TH AFTER TRINITY. First conference between Sir Henry Pottinger and Ki-ying on board
the "Cornwallis, * Nanking, 1842. Taku forta taken by the Allied forces, 1980. Emperor Hien Fung died, 1661. Palace Revolution at Peking, Empress Dowager again
assumes the Regency, 1898.
·
Governor Amarai (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, 1884. Chinese
fleet at Pagoda Anchorage destroyed by French, 1884.
Thur.
Wreck of the C. N. Coʻs. str. ** Tientsin
near Swatow, 1887.
24
19
Frid.
25
20
Sat.
26
Sun.
27
Mon.
28
Tues. Wed.
29
30
* * * **
British left Macao, 1839.
21
22
23
Lord Amherst's Embassy left for Yuen-ming-yuen, 1816.
possessions, 1833. Kimpai forts silenced by French, 1884.
Slavery abolished in British
British Chamber of Commerce established at Canton, 1884. Treaty between Great Britain
and Japan signed, 1858.
13TH AFTER TRINITY. Amoy taken by the English, 296 guns captured, 1841.
Thur.
31
26
Treaty of Nanking signed, 1842.
Severe typhoon on coast of China, many lives lost, and much damage done to shipping
at Hongkong, Macao, and Whampoa, 1848
χχίν
THE CALENDAR FOR 1899
SEPTEMBER-30 DAYS
New Moon
WEBK
Frid.
1
27
Sat.
28
Sun.
3
29
Mon.
4
30
Tues. 5
1
Wed. 6
Thur. 7
Frid.
8
4
Great typhoon in Hongkong, 1867.
Sat.
9
Sun.
10
6
Mon. 11
7
Tues. 12
8
Wed. 13
9
SUNRISE
SUNSET
1st 15th
....5h. 44m.
6h. 16m.
..5h. 48m. 6h. 02m.
MOON'S PHASES
HONGKONG Temperature
1897 1898
Maximum.
.92
90
Minimum
.72
74
d. h. m.
sec.
5 11
19 8
9 41 A.M. 25 43 A.M. 7 44 P.M. 38 47 P.M.
BAROMETER, 1898
Mean.......
.29.87
First Quarter 13 5 Full Moon Last Quarter 26 10
APOGEE, 3 days, 8.41 hours, a.M. PERIGEE, 18 days, 1.46 hours, P.M. APOGEE, 30 days, 7.37 hours, P.M.
Days of Days of ] 7 and 8
MONTH MOONS
An
1897
8.34 inches
RAINFALL
1898 5.30 inches
CHRONOLOGY OF REMARKABLE EVENTS
Ma, Viceroy of Nanking, died of the wounds inflicted by an assasin, 1870. Foundation
stone of Gap Rock lighthouse, near Hongkong, laid, 1890.
Arrival of the " Vega" at Yokohama, after having discovered the North-East Passage,
1879. Kiaochau declared a free port, 1898.
14th After TRINITY. Hongkong plague | roclamation revoked, 1894.
Attack on the forts at Shimonoseki, Japan, by the allied fleets under Admiral Kuper, 1864.
Death of Tso 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.
Bir Hercules Robinson assumed the government of Hongkong, 1850,
15TH AFTER TRINITY. 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.
Thur. 14
10
Frid. 15
11
Public Meeting in Hongkong, with reference to the blockade of the port by the Chiness
Customs' cruisers, 1874. Severe typhoon in Southern Japan, 1991. Chinese transport "Waylee" driven ashore on Pescadores; upwards of 370 lives lost, 1887,
Pingyang captured by the Japanese, 1894.
Sat.
16
12
New Convention between Germany and China ratified at Peking, 1881.
Sun. 17
13
Mon. 18
14
10th AFTER TRINITY. The battle of the Yalu, in which the Chinese were defeated by the
Japanese, losing five vessels, 1894.
Destruction by fire of the Temple of Heaven, Peking, 1889. Loss in Kif Channel, near
Kobe, of the Turkish frigate "Ertogrul," with 567 lives, 1890.
Tues. 19
15
Wed. 20
16
Thur. 21
17
Frid. 22
18
Sat. 23
19
Sun. 24
20
Mon. 25
21
Tues. 26
22
Wed. 27
23
Thur. 28
24
Frid.
29
25
Sat.
26
Typhoon at Swatow, 1891.
Am. brig "Lubra" taken by pirates, 1886. Terrific typhoon in Hongkong and Macao
many thousands of lives lost, 1974.
Piratical attack on the German barque "Apenrade." near Macao, 1989. The Satsuma rebels in Japan routed with great slaughter, their leader, Saigo, killed, and the insurrection suppressed, 1877. Daring attack upon a Chinese shop in` Wing Lok street. Hongkong, by armed robbers,
1878. Arrival of Sir Henry A. Blake, o C. o., Governor of Hongkong, 1898. Lord Napier arrived at Macao dangerously ill, 1884)
17th! After Trinity. H.M.8. "Rattler" lost off Japan, 1988.
Commissioner Lin degraded, 1840.
Yellow River burst its banks in Honan ; calamitous inundation, 1887. Death of Hon. F.
Stewart, Colonial Secretary, at Hongkong, 1889.
Michaelmas Day. Hurricane at Manila, causing immense damage to shipping, 1865.
All the Bogus forts destroyed by the British fleet, 1841.
Dyneem by
THE CALENDAR FOR 1899
XXV
OCTOBER-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st 15th
.5h. 53m.
5h. 47m.
.5h. 58m. 5h. 34m.
1897
1898
Maximum
.87
88
MOON'S PHASES
New Moon First Quarter 12 Full Moon 19 5 Last Quarter 26 5
Minimum
..66
65
d. h. m. sec.
5 2
1
50 45 47 40 48 16
40 A.M.
P.M.
Barometer, 1898
41
A.M.
P.M.
Mean......
29.91
PERIGEE, 16 days, APOGEE, 28 days,
5.40 hours, P.M. 0.40 hours, P.M.
1897 RAINFALL
1898
6.43 inches
6.72 inches
DATS OF DAYS OF 8 and 9
WERK
MONTH
MOONS
Sun.
1
27
Mon.
+
28
Tues.
3
29
Wed.
30
Thur. 5
Frid.
6
Sat.
3
Sun.
Mon.
Tues. 10
6
Lord Napier died at Macao, 1834.
with loss of 125 lives, 1892.
CHRONOLOGY of Remarkable EVENTS
18TH AFTER TRINITY. The " Hongkong Daily Press" started, 1857. Inauguration of Hongkong College of Medicine. 1887. Hyogo declared an open port, 1892. Gold Standard adopted in Japan, 1897.
Confucius born, B.C. 562. Tamsui bombarded by French, 1984.
Serious riot at Hongkong, 1884. Treaty between France and Siam signed at Bangkok
1883.
Attack on foreigners at Wenchow, 1884.
Typhoon at Hongkong, 1894.
French expedition left Chefoo for Corea, 1988. Arrival in Hongkong of Governor Sir
William Des Vœux, K.C.M.G., 1887.
H.R.H. Prince Alfred visited Peking, but not received by the Emperor, 1869. Great
public meeting at Hongkong to consider increase of crinie in Colony, 1878.
19th after TRINITY. Supplementary treaty signed at the Bogue, 1848. French landing party at Tamsui repulsed, 1884. Death of Lady Robinson, wife of the Governor of Hongkong, 1894.
Shanghai captured, 1841. Chinhai taken, 1841. Official inspection of Tientsin-Kaiping Railway, 198Y. Wreck off the Pescadores of the Norwegian str."Normand," with loss of all on board except two, 1892.
Wreck off the Pescadores of the P. & O. str." Bokhara,"
The first Chinese merchant steamer (the "Meifoo") left Hongkong for London with
passengers to establish a Chinese firm there, 1981.
Revolt in the Philippines, 1872.
Ningpo occupied by British forces, 1841. First railway in Japan officially opened by the
Mikado, 1872.
"Flora Temple" lost in the China Sea, with upwards of 800 ooolies on board, 1859. 20TH AFTER TRINITY. Explosion on the Chinese trooper "Kungpai," loss of 500 lives, 1895 Khanghoa, in Cores, taken by the French, 1868.
St. John's Cathedral, Hongkong, dedicated, 1842. Daring piracy on board the British
str. "Greyhound," 1885.
Wed. 11
12
Thur. Frid. 13
Sat.
14
10
Sun. 15
11
Mon. 16
12
Tues. 17
13
TOO DI2*
Wed. 18
14
Thur. 19 Frid. 20 Sat.
15
Great fire in Hongkong, 1559. Great typhoon at Formosa, 1861.
16
Terrific typhoon at Manila; enormous damage to property, 1882.
21
17
1
Sun, 22
18
Mon.
23
19
At a meeting of the Chartered Mercantile Bank of India, London, and China a scheme
of reconstruction was approved, 1892.
Tues. 24
20
Wed. 25
21
Thur.
26
22
Frid. 27
Sat.
Sun.
23
28
24
29
25
Mon.
30
26
Tues.
* 22 *** 22 N
31
* ** *** 28 5
27
The Shanghai and Woosung railway closed by the Chinese Government, 1877.
21ST AFTER TRINITY.
Dock opened, 1875.
H.R.H. Prince Alfred arrived at Shanghai, 1869. Cosmopolitan Death, at Saigon, of M. Filippini, Governor of Cochin-China, 1887. 59 piratical vessels destroyed by Captains Hay and Wilcox, H.M. ships "Columbine"
and "Fury," 1849.
The Japanese cross the Yalu, 1894.
Treaty of Whampoa between France and China signed, 1844. Kahding recaptured by,
the Allies, 1862.
Chin-lien-cheng taken by the Japanese, 1894.
Serious earthquake in Central Japan, 7,500 persons killed, 1891. Attempted insurrection
at Canton, 1895
22nd After TRINITY. Portuguese frigate "D. Maria II." blown up at Macao, 1850. Great fire in Hongkong, 1886. Fenghuang taken by the Japanese, 1894.
H.R.H. Prince Alfred arrived at Hongkong, 1869. Ta-lien-wan and Kinchow taken by
the Japanese, 1894.
Digdized by
xxvi
THE CALENDAR FOR 1899
NOVEMBER-30 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st 15th.
....6h.
6m. 5h. 22m.
.6h. 14m. 5h. 16m.
1897
1898
Maximum
..86
83
MOON'S PHASES
Minimum
.51
51
d. h. m. sec.
New Moon
3 5
2
47 P.M.
First Quarter 10 9
11
40
P.M.
BAROMETER, 1898
Full Moon
17
5
54
44 P.M.
Mean......
.30.03
Last Quarter 25
2
10
46 P.M.
PERIGEE, 12 days, APOGEE, 25 days,
7.40 hours, P.M. 9.37 hours, A.M.
1897
RAINFALL
7.32 inches
1898
0.79 inches
DAYS OF Days of | 9 and 10 WEEK MONTH MOONS
CHRONOLOGY OF REMARKABLE EVENTS
Wed.
1
28
The port of Quinhon, Annam, opened to foreign trade, 1876.
Czar of Russia, 1894.
Thur. 2
Frid. 3
29
1
Sat.
4
Sun.
W N
3
Mon.
-
Death of Alexander III.
Chinese lighthouse tender "Fei-hoo" captured by French, 1884. Arrival at Hongkong
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.
Hongkong Jockey Club formed, 1884.
23RD AFTER TRINITY. Great fire at Macao, 500 houses burnt, 1834. Peking evacuated
by the Allies, 1800.
English and French treaties promulgated in the "Peking Gazette," 1860.
Tues.
7
Wed.
8
Thur.
~ 77
5
6
7
Prince of Wales born, 1941. The French repulsed in Corea, 1968.
Queen's Jubilee in Hongkong, 1997.
Celebration of the
Frid. 10
Sat.
11
Sun. 12
10
Mon. 13
Tues. 14
**
11
12
Statue of Sir Arthur Kennedy unveiled in the Botanic Gardens, Hongkong, 1987.
H.M.8. "Racehorse " wrecked off Chefon, out of a crew of 109 only 9 saved, 1864. Death
of M. Paul Bert, Resident General of Annam and Tonkin, 1886.
24th after TriSITY, Hongkong first lighted by gas, 1984. The Foreign Ministers had
audience within the Palace, Peking, 1894.
Earthquake at Shanghai, 1847.
Convention signed between Russia and China, 1980. Celebration of Shanghai Jubilee,
1893. Germans took possession of Kirochau Bɩy, 1897
Wed. 15
13
H.M. gunboat "Gnat" lost on the Palawan, 1988, Destruction of the str. ** Wah Yeung
by fire in the Canton river; upwards of 400 liv·s lost, 1887.
Thur. 16
14
Frid. 17
15
Shanghai opened to foreign commerce, 1843. Celebration of Shanghai Jubilee, 1899.
Sat.
18
16
Great Fire in Hongkong, 1967.
Sun. 19
17
25TH AFTER TRINITY. Terrific gunpowder explosion at Amoy; upwards of 800 houses
destroyed, and several hundred lives lost. 1887.
Mon.
20
18
Portuguese Custom house at Macao closed, 1945. Lord Elgin died, 1883.
Tues.
Wed. 22
Thur.
Fri.
Sat.
Sun 26
Mon.
27
25
Tues. 28
26
Wed. 29
27
Thur. 30
28
2 * * * ** ** *8
21
19
Major Baldwin and Lieut. Bird, of H.M.'s 20th Regt., murriered in Japan, 1884.
Arthur taken by the Japanese, 1894.
Port
20
Terrible boiler explosion on board the steamer "Yesso" in Hongkong harbour, 86 lives
lost. 1977.
23
24
25
* ******
21
Arrival of the Princes Albert Victor and George of Wales in the "Bacchante" at Woosung
1981.
22
23
Capture of Anping. Formosa, 1989. Treaty between Portugal and China signed, 1887.
Imperial Diet of Japan met for the first time, 1890.
24
26th after TRINITY. Edict issued by the Viceroy of Canton forbidding trade with
British ships, 1939.
M. Thiers accepts the apology of Ch'ung How, the Chinese Ambassador, for the murde r
of the French at Tientsin (June 21st, 1870), 1971.
Foreign factories burnt at Canton, 1856. Great fire in Hongkong, 1887.
**
Murder of captain and four men of the British barque "Crofton, near Ku-lan, 1800.
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," in the Inland Bea, 61 lives lost, 1892.
۱۲
# UNIVERSITY OF MICHIGAN
THE CALENDAR FOR 1899
HONGKONG TEMPERATURE
DECEMBER-31 DAYS
SUNRISE
SUNSET
1st
15th
...6h. 25m. ..6h. 34m.
5h. 13m.
5h. 17m.
Maximum
Minimum
MOON'S PHASES
xxvii
1896
1897
...76
76
..40
48
New Moon
d. h. m. sec.
3
8
17 9
23 47 A.M. 38 46 A.M.
7 41 33 44
Barometer, 1897
A.M.
A.M.
Mean.....
.30.20
First Quarter 10 4 Full Moon Last Quarter 25 11
PERIGEE, 7 days, 1.39 hours, P.M. APOGEE, 23 days. 6.37 hours, A.M.
1896 1.29 inches
RAINFALL
1897
0.48 inches
CHRONOLOGY or RemaRKABLE EVENTS
DAYS OF DAYS OP 10 and 11
WILK
MONTH
MOONS
Frid.
1
29
Sat.
Sun.
Mon.
2 ~
30
1
St. Francis Xavier died on Sanchoan, 1552.
1ST IN ADVENT.
Tues.
23
Wed.
Thur.
7
5
Frid.
∞
6
Sat.
9
Sun. 10
8
Mon. 11
9
Tues.
12
10
First census of Hongkong taken, population 15,000, 1841.
Six foreigners killed at Wang-enuh-ki, 1847. Soochow re-taken by the Imperialists under General Gordon, 1863. Tu. Japanese warship ** Unebi-kan" left Singapore and not heard of again, 1886.
Confucius died, B.C. 490.
European factories at Canton destroyed by a mob, 1842.
Ningpo captured by the Taipings, 1861. Consecration of new Pei-tang Cathedral, Pek-
ing, 1888.
2ND IN ADVENT. Piracy on board the Douglas str. Namoa," five hours after leaviy Hongkong; Captain Pocock and three others murdered, and several serious.g wounded, 1890. Arrival in Hongkong of Governor Sir William Robinson, 1891. Indemnity paid by Prince Satsuma, 1863. Admiral Bell, U.S.N., drowned at Osakay
1967.
Imperial decree stating that the Foreign Ministers at Peking are to be received in
audience every New Year, 1890.
Wed. 13
11
French flag hauled down from the Consulate at Canton by Chinese, 1832.
Thur. 14
12
Frid. 15
13
All Catholic Priests (not Portuguese) expelled from Macao, 1838.
Sat.
16
14
Sun.
17
15
Mon. 18
16
Tues. 19
17
Wed.
20
18
Thur. 21
19
Frid.
22
20
Sat.
23
21
3RD IN ADVENT. The P. M. S. S. Co.'s steamer "Japan" burnt, 1 European passenger,
the cook, and 339 Chinese drowned, 1374.
Sir Hugh Gough and the Eastern Experlition left China, 1842. Arrival
ul 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.
British Consulate at Shanghai destroyed by fire, 1870.
Sun.
4TH S ADVENT,
24
22
Christmas Day.
Great Fire in Hongkong; 369 houses destroyed, immense destruction
Mon.
25
23
of property, 1878.
Tues.
26
24
Wed. 27
25
Thur. 28
26
Great fire at Tokyo, 11,000 houses destroyed, 263 lives lost, 1897. The C. N. Co.'s steamer
· Shanghai " destroyed by fire on the Yangtze, over 300 lives lost.
Dedication of Hongkong Masonic Hall, 1865.
Canton bombarded by Allied forces of Great Britain and France, 1857
Frid. 29
27
Sat.
30
28
Sun.
31
29
1st after Christmas.
T UNIVERSITY OF MICHIGAN
xxviii
Mo-shut Year.
CHINESE FESTIVALS AND OBSERVANCES IN 1899.
1899.
Jan.
4
XI. Moon.
23
7
10
26
29
19
25
201705
14
31
XII. Moon.
Feb.
3
4
23 24 Ki-hai Yr.
093
I. Moon.
10
1
19
10
24
15
25
16
Mar. II. Moon.
ཨཀྐཐསྶ སྨིཾ
12**
3
13
15
30
19
April.
28
III. Moon.
Tanist feast day of Chang Sin, extensively worshipped for male issue. 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 t› 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.
Fête day of Hung-shing, god of the Canton river, powerful to preserve people
from drowning, and for sending rain in times of drought. Birthday of Lao Taze, founder of Tauism. B.C. 604.
Fête of Kwanyin. goddess of mercy.
Tsing Ming, or Tomb Festival.
Fête of Hiuen Tien 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.
8
12
3
24
15
27
18
May.
23
5
26
Fête of Tien Heu, Queen of Heaven, Holy mother, goddess of sailors Fête of Taz Sun, goddess of progeny.
28
National Festival of Ts'ang Kieh, inventor of writing.
Fête of Heu Tu, the goddess worshipped behind graves; of the god of the
Central mountain, and of the three brothers.
IV. Moon.
8
+*0172
13
17
19
23
14
26
29
June.
6
28
V. Moon.
8
1
12
5
18
11
20
13
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 Lu 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 orna- 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 Ministe 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.
Dynep by
16
July. | VI. Moon.
21
26
31
13
19
24
Aug. ¡ VII. Moon
6
1
12
7
15
2 RK R
23
18
1020 8
25
20
23
27
22
30
25
Sept
3
29
VIII. Moon.
5
1
འཋ ཝ ཨཽ ུཡ
Oct
3
15
25
27
IX. Moon.
1
13
9
15
11
19
* 19
Νυτ.
ཨིསཾ སྨིཊྛཾ- ཝཏྟ
Dec.
મ
16
17
18
28
X. Moon.
3
15
XI. Moon.
CHINESE FESTIVALS AND OBSERVANCES
xxix
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 gho-ts, 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 lender of the wars during the Three King- doms. He is said have been at first a butcher and wine seller. After 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 Ta'ang-wang, the patron of departed spirits.
Fête of Hu 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 rulerin Hades. Fête of Yen Hwui, the favourite disciple of Confucius.
National fête of Chu Hi (A.D. 113 -120'), 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 Tsu Shêng, 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.
Bytes by
·Google UNIVERSITY OF MICHIGAN
HONGKONG POSTAL GUIDE.
PARS.
PARS.
PARS.
PARS.
Office ..
Mail Routes....
17-27
Letters
68-68
Post Cards
100-104
Business hours
2
Mail Time Tables
28-29
Newspapers
70-73
Registration
105-114
Holiday's
3
Forbidden Articles... 30-31
Books
74-81
Miscellaneous
115-117
Deliveries
4-6
Kequests
32.44
Commercial Papers.. 82-86
Parcel Post
118-152
Pillar Boxes
7
Complaints
45-47
Patterns
87-95
Money Orders..
153-156
Postage Stamps
8-10
Private Boxes
48-52
Prices Current,
Postal Noter
157-171
96-99
Rates of Postage
11-16
Poste festante
53-57
and Circulars )
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. There are also branch offices at Praya West and Kowloon.
BUSINESS HOURS.
2.-The General Post Office is open for the transaction of public business on ordinary 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.
3.-The branch offices are open froin 7.30 a.m. to 4.30 p.m. on ordinary days, and from 8 to 9 a.m. on Sundays and Holidays.
HOLIDAYS.
4.-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.
5.-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 Eastern Suburb (Ship Street to Causeway Bay Road) 9 a.m.,
noon, 5 p.m.
At the Peak, noon, 4 p.m.
In the Western Suburb (from No. 5 Police Station to Kennedy Town) and at Kow- loom at the same hours as from the General Post Office.
On Sundays and Holidays deliveries are effected at 9 a.m. in the town and suburbs. There is also one delivery at Kowloon and the Peak in the morning.
Contract mails are, however, delivered as soon as possible after arrival. The ordinary deliveries may be retarded by the contract mails.
The last delivery of Registered Correspondence is at 4 p.m. There are no deliveries on Chinese New Year's day.
To Shipping.
6. 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.
7.-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 No. 5 Police Station and up to level of Robinson Road.
Clearances : 8.30 a.m., 10.30 a.ın., 0.30 p.m., 2.30 p.m., 4.30 p.m.
Pillar Box No. 7.
9.
17
++
**
10..
.
11
,,
11.
""
""
>>
Clearances:
Pillar Box No. 8..
"1
"
**
12.. 14.
""
11
Pillar Box No. 13......
Victoria, junction of Queen's Road East and Arsenal Street. Victoria, junction of Albany, Robinson and Garden Roads. Victoria, junction of Seymour and Castle Roads. Victoria, junction of Old Bailey and Caine Road.
Western Suburb.
8.30 a.m., 10.30 p.m., 0.30 p.m.,
2.30 p.m., 4.30 p.m.
Victoria, near the Harbour Master's Office.
Victoria, junction of Robinson and Bonham Roads. West Point, near No. 7 Police Station.
Eastern Suburb.
Clearances: 9.30 a.m., 0.30 p.m., 5.30 p.m.
Victoria, East Point, junction of Percival Street and Praya.
4
Pillar Box No. 2...
3.
"
4.
"9
"
""
"
"
""
5.
HONGKONG POSTAL GUIDE
Peak District.
Clearances : noon and 4 p.m. Magazine Gap, at the Gap.
.Peak District, at Victoria Gap.
Peak District, at Mount Kellett, near "Myrtlebank."
xxxi
Peak District, at Junction of Mount Gough Road with road
to Aberdeen West of Government Villas.
6............Peak
Peak District, at Plantation Road, at junction of roads
between Rural Building Lots 14 and 27.
Kowloon.
Pillar Box No. 1............near Godown Company's Office. Used as a Night Box.
There is also a Letter Box fixed in the Charge Room at Tsim Sha-tsui Police Station, and one at the Kowloon Dock.
Letters containing any article of value should not be posted in a pillar box, but should be registered at the General Post Office.
Persons posting in these boxes may cancel their stamps by writing the date across them. The time of clearing these boxes may sometimes be later than is stated, and, as the postman has to finish his delivery before taking any letters he finds in the boxes to the Post Office, it is in most cases about an hour or more after the box is cleared before such letters reach the Post Office.
POSTAGE STAMPS.
8.-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.
4
5
10
""
20
30
""
**
50 cents.
1 dollar.
2 dollars.
3
59
5
>"
Post Cards-
1 cent.
2 cents (reply paid).
4 cents.
8 cents (with reply paid).
9.-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.
10.-Correspondence will not be stamped at the Post Office and charged to a boxholder's account, except as provided by paragraph 12.
RATES OF POSTAGE.
11.-Rates of Postage in Hongkong and at British Post Offices in China :-
TO
LETTERS
PER OZ.
BINGEL REPLY
POST
POST CARDS CARDS each. each.
BOOK & NEWSP'S P'TERNS
ETC. PER 2 oz.
RETURN REGIS- İRECEIPT FOR TRATION. REGISTERED
ARTICLE.
[COMMER-
CIAL
PAPERS
Unox Countries (except as below)
United Kingdom
Aden, Ascension, Bahamas, Barbados, Bermuda, British Central Africa, British East Africa, British Guiana, British Honduras, British India, ('anada. Cape Colony, Ceylon, Cyprus, Fiji, Federated Malay States, Gibraltar, Gold Const Colony, Johore, Lagos, Natal, Newfound- land, Sarawak, Seychelles, Sierra Leone, Straits Settlements, St. Helena, The Falkland Islands, The Gambia, The Lee- warvi, Islands (which comprise--Antigua, St. Christopher and Nevis, Dominica, Montserrat and the Virgin Islands), The Niger Cast Protectorate, The Niger Company # Territory, The Windward Islands (Grenada, St. Lucia, St. Vin- cent), Tobago and Trinidad, Turks Island, and Uganda,
ceut". 10
cents. rents
cent.
centr. 10
cente.
10
00
2 10
10
Same as for Booxs,
except that the lowest
charge is 10 cents
Letters for these places posted at any Office, other than in the Colony, are subject to the rate of 10 cents per half ounce.
Attention is specially called to the changes in the postal rates for correspondence to the United Kingdom and certain British Colonies and also to the increases in the fees for retura receipts and for registration of Local Letters and those addressed to Macao aud China. UNIVERSITY OF MICHIGAN
xxxii
HONGKONG POSTAL GUIDE
11.-Rates of Postage in Hongkong and at British Post Office in China :-Continued
TO
LETTERS
PEROL.
SINGEL REPLY POST POST
CABDU CARDS
each.
each.
BOOKS NEWSF'S F'TERNS] ETC. PER 2 oz.
RETURN REGIS- RECRIPTFOR |TRATION| REGISTERED
ARTICLE.
COMMER- CIAL
PAPERS
NON-UNION Countries :-
Abyssinia.
Afghanistan
Africa (West Coast, Native Possessions). Arabia
Bechuanaland Protectorate, including-
Kanye, Lake Ngami, Macloutsie, Mole- polole, Palachwe (Khamas Town), Rhode- sia (comprising Mashonaland, Matabele- land, and Northern Zambesia), Shoshong, and Tati River,
Antan-
China or from China to Hongkong) Friendly Islands (Tonga Islands), Madagascar (except French Establishments,
viz., Ambositra, Andevovante, anarivo, Diego Suarez, Fenerive, Piara- nantsoa, Foulpointe, Ivondro, Maevata- nana, Mahambo, Mahanoro, Mahela, Ma- intirano, Majunga, Mananjary, Moranda. va, Morotsangana, Nossi-Vé, St. Mary, Tamatave, Vatomandry and Vohemar).. Morocco (except Casablanca, El-kaar-el- kbir, Fez, Laraiche, Mazigan, Mogador, Rabat, Saffi, Tangier and Tetuan, at each of which places the Gibraltar Post Office or French Post Office maintains an agen- cy under the Postal Union regulations)....) Navigators Islands (Samou)
Society Islands
Other parts
BETWEEN HONGKONG AND CANTON, MACAO, and
CHANGCHOW, FOR LOCAL DELIVERY
centu
centr
centa.
10(e)
10 (ca)
20 fea}}
00 00 00 00
10 (e)
20
10
10 (c)
10 (c)
10
999 **
10 (c)
10 (c)
2
04.00
00
20 00 00
N
centa.
centa.
10 (in) 10 in
10 fin
10 (in)
22N
94
ลงลง
10
cents.
1
10 ̊(b)
10
10
10 (in)
10
10
10/in/
10
10
Same as for Books, except that the lowest charge is 10 cents
(u. An additional c...rge is made on delivery.
(b.) Registration in China through British Offices extends to Hoihow, Canton, Swatow, Amoy, Foochow, Ningpo. Shanghai and Hankow only.
(c.) Prepayment is compulsory.
(18) Registration is incomplete, not extending beyond Port of Arrival.
Attention is specially called to the changes in the postal rates for correspondence to the United Kingdom and certain British Colonies and also to the increases in the fees for return receipts and for registration of Local Letters and those addressed to Macao and China.
Local Rates.
12.-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.
13. Such covers, when addressed to places other than Hongkong or China, must be prepaid two cents each in stamps.
14.--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.
15.-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.
16.-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.
17.-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.
18.-Correspondence specially directed for any particular steamer is sent by her (failing any request to the contrary), however many times her departure may be
ginal to UNIVERSITY OF MICHIGAN
###
HONGKONG POSTAL GUIDE
xxxiii
postponed. If it is postponed sine die, the correspondence is sent on by the next opportunity.
19.-Correspondence from the Coast marked vid Brindisi or viá 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.
20.-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.
21.-It is not necessary to pay postage on covers from the Coast containing stamped correspondence for the homeward mails or local delivery.
22.--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.
23. -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.
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 via Colombo is best for Western and Southern Australia. Each home- ward French Packet connects at Colombo with the P. & (). 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.
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.
(6) 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.
Live beeg may be sent if enclosed in boxes so construct›d as to avoid all danger and allow the contents to be ascertained; also articles of natural history, dried or preserved animals and geological specimens, &c., when sent for no commercial purpose and packed in accordance with the general regulations concerning samples of merchandise,
xxxiv
HONGKONG POSTAL GUIDE
33.-Requests should also state whether private letters or those for the writers 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 tine 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.
PRIVATE BOXES.
48.-Private boxes may be rented in the offices at Hongkong and Shanghai. The fee is $10 a year payable in advance.
49.-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
The boxes should be closed with some recognizable seal. Locked boxes cannot be allowed. A receipt book should be sent with nch box, but as the receiving officer cannot undertake to count the correspondence seut, he only gives a receipt for Ose Bus. No attention is promised to anything written in the book--To be ̃Registered for instance.
HONGKONG POSTAL GUIDE
XXXV
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 12).
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 receivel. Entries On Board are for unpaid correspondence dealt with by the marine officer on his way up from Singapore.
POSTE 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."
54-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
International
**
2 months
Letters for steamers are kept for 3 months
sailing vessels
4
""
56.-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.
59.--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.
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.
05,
67.-If from a Soldier or Sailor his class and description must be stated in full the letter, the cover of which must be signed by the Commanding Officer, with namena, regiment, ship, &c., in full. If to a Soldier or Sailor, his class and description, with of regiment, ship, &c., must be stated in full.
68.-Soldiers and Sailors have no privileges with regard to books, papers,
##
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xxxvi
HONGKONG POSTAL GUIDE
RE-DIRECTION.
69.-Letters, &c., redirected after delivery, must be re-posted not later than the day (Sundays and public holidays not being counted) after delivery, otherwise they will be charged as freshly posted letters or packets, and the same course will be followed in the case of any letters, &c., which may appear to have been opened or tampered with.
NEWSPAPERS.
70.-A newspaper is a printed paper containing news. It must not exceed two 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.
71.-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.
72.-Two newspapers must not be folded together as one, nor must anything whatever be inserted except bona fide supplements of the same paper and same date. Printed matter may, however, be enclosed if the whole be paid åt book rate.
73.-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.
74.-Books are charged at so much per two ounces The Union rate is 2 cents. 75.-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. 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.
76.-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.; compliments not exceeding five words may be written on visiting cards in travellers' announcements the place of the intended visit, as well as the date and the traveller's name, may be indicated in writing; Christmas and New Year cards may bear a written dedication; titles of books may be written in forms of subscription to libraries, as well as in orders to booksellers; and on newspaper cuttings the addition in manuscript or by a mechanical process, of the title, date, number and address of the publication from which the article is extracted is permitted
77.-Mechanical reproductions (not less than twenty) of a manuscript or type- written original may pass as printed papers, if handed in at the Post Office window.
78.-Albums containing photographs may pass as printed papers.
79.-The packet must be open at the ends, and the contents visible, or easily to be rendered visible. Packets which are sealed or forwarded in closed covers with the corners cut off or with notched ends, are returned to the senders. Packets may be tied with string to protect the contents, but in such a way that the string can be easily untied. (See also par. 86)
80.-The weight of a book packet is limited as follows :-
To British Offices 5 lbs.
To other Offices 4 lbs.
81.-Book packets for 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.
COMMERCIAL PAPERS.
82. The distinction between Books and Commercial Papers (papiers d'affaires) is, that whilst Book Packets are to consist of printed matter, Commercial Papers are wholly or partly written by hand. They must not be of the nature of an actual or personal correspondence.
;
83.-Commercial Papers are such papers as the following:-printers' copy; authors' manuscript ; press copies of any documents not letters: law papers; deeds bills of lading; invoices; insurance papers: copied music; &c. The rate is the same as for Books, but no packet of commercial papers, whatever its weight, is charged less than 10 cents. Stamps of any kind, whether obliterated or not, or any papers representing monetary value, such as coupons, drafts, lottery tickets, &c., must be fent at letter rates.
•
84. Any one Commercial Paper in a Book Packet exposes the whole packet to hove rule as to minimum charge. With this exception all kinds of Printed should L gives a rece
and Patterns may be enclosed in one packet and forwarded at Book
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HONGKONG POSTAL GUIDE
xxxvii
85-Commercial Papers are subjected to all the conditions of Book Post as to the ends of the Packet being open, liability to examination, hours of closing, late fees, &c.
86.-Packets of commercial papers, printed papers and samples, when they do not accord with the regulations are returned to the senders.
PATTERNS.
87.-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- 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.
88.-Type samples of unmanufactured tobacco are admitted by post into the United Kinzdom provided that such samples are sent for trade purposes; that they do not exceed 4 ounces in gross weight, and that they comply with the general regulations of sample post. Upon the delivery of such samples there is levied from the addressee a charge of 8d. for Customs duty.
Liquids.
99.-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 în 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, &c.
90.-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.
91.--Articles of glass must be securely packed (boxes of metal, wood, leather, or card- board) in a way to prevent all danger to the correspondence and postal officers.
Dry Powders.
92.--Dry powders, whether dyes or not, must be placed in cardboard boxes which themselves are enclosed in a bag of linen or parchment.
93.-Packets of patterns and samples must be packed so as to admit of easy inspection.
94.-Such packets for places in the Postal Union must not exceed 12 inches in length, 8 inches in width and 4 inches in depth.
95.-The maximum weight for packets of patterns or samples of merchandise posted in Hongkong or its agencies for places in the Postal Union is 12 ounces (350 grammes). To British Offices the limit is 5 lbs.
PRICES CURRENT AND Circulars.
96.--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.
97.-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.
93.-Prices Current or Circulars in closed envelopes with the corners cut off, or with notched ends, will not be forwarded as they are not really open to inspection. 99.-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
100.-The following values are issued :-
For local circulation (see paragraph 11) For local circulation with reply paid
To Union Countries generally
To Union Countries generally with reply paid.
.1 cent
..2 cents
..4 cents
..8 cents
101.-Nothing must be written on the stamped side of the card but the address and, if desired, the sender's address. Engravings or advertisements may be printed on the face of a postcard. Any communication whatever, whether of the nature of a lettie, or not, may be written or printed, or partly written and partly printed on the oʻrna, side. But no card will be forwarded on which anything libellous, insulting, or in has been written, printed, or drawn.
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xxxviii
HONGKONG POSTAL GUIDE
102.-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.
103.-in regard to hours for posting, late fees, &c., Post Cards are submitted to the same rules as letters.
104.-A card of insufficient value may be fully prepaid by the addition of an adhesive stamp of proper amount.
REGISTRATION.
105.--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 10 cents to the United Kingdom and elsewhere, local 5 cents. The sender of any registered article may obtain an acknowledgment of its delivery to the addressee on paying an extra fee of 10 cents.
106.--Letters are accepted for registration at the Praya West and Kowloon branch offices, as well as at the General Post Office.
107.-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.
108.--All registered letters or packets on being redirected must be taken back to the Registration Department to be dealt with as registered, and must not be dropped into a letter-box as ordinary letters or packets. If brought later than the day (Sundays and public holidays not being counted) after delivery, a fresh registration fee as well as fresh postage will be required.
109.-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.
119.-No compensation can be paid for mere damage to fragile articles such as portraits, watches, handsomely bound books, &e., 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.
111.-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.
112.-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.
113. Enquiry as to the disposal of a registered article will be made free of charge when the sender produces prima facie evidence that it has failed to reach the addressee. When, however, no such evidence is produced, a fee of 10 cents. for an acknowledgment of delivery will be required before enquiry is instituted. No fee will be charged for enquiry when the sender has already paid for an acknowledgment of delivery.
114.-Officers employed in the Registration Department are forbidden to address registered mail matter, to enclose it in the envelope, seal it, or affix the stamps.
MISCELLANEOUS.
115.-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- fondence has not been stolen on the way to the Post. But this receipt is not intended -used against the Post Office in case the correspondence goes astray. Some few Offices should acknowledgments of posting on payment of a halfpenny or so for each letter gives a recedged, and even then they decline to admit that any such acknowledgment refers Ficular letter. Others have abandoned the practice of given receipts even on
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HONGKONG POSTAL GUIDE
xxxix
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.
116. 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.
117.--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.
118.-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, .50 per lb.
Tea....
.4d. per lb.
119.-Any person sending a parcel to either of the places named below (viâ London) many relieve the addressee of the payment of Customs and other charges :--
The United Kingdom, Austria-Hungary, Belgium, Denmark (including the Faroe Islands and Iceland), Egypt, Switzerland, Germany, Holland, Italy (via Belgium, Ger- many and Switzerland only), Luzemburg, Montenegro, Barbados, Cyprus, Cape Colony, Falkland Islands, Gambia, Grenada, Lagos, Malta, Mauritius, Natal, Seychelles, Sierra Leone, St. Lucia, St. Vincent, Sweden, Tobago.
Any person wishing to defray the above charges must endorse the parcel "to be delivered free of all charge." He must sign a declaration that he will pay the amount due on such parcel as soon as it has been ascertained. He may, if necessary, be called upon to pay a deposit in addition to signing the declaration. Such deposit to be paid by means of postage stamps to be affixed to the declaration.
In addition to the postage and insurance fee, if any, a fee of 25 cents will be charged on every parcel for which the sender desires these facilities. This fee will be paid by means of postage stamps to be affixed to the declaration.
120.-To Indi.-By P. & O. and Indian Mail packets only. Insured Parcels by Indian Mail packets only.
121.-Parcels for the United Kingdom and the undermentioned places (viâ London) may be insured at the following rates :---
$120..
240
360
480
800.
List of places :--
Foreign Countries. Austria-Hungary
Belgium Cameroons Denmark
Egypt Germany Luxemburg And up to
For
$120.. 240. 380
India (Direct)
Burmah
Aden
Ascension ...
Bahamas
British Guiana.
fee 20 cents
30
93
"
98
40
50
60
"
Norway
Russia
Sweden
Switzerland
$720.
840.
960
1,080.
1,200.
British Possessions and Protectorates.
Leeward Islands Bermuda
fee 20 cents
30
11
40
... viên India
"
**
viâ London
- 480.
500
Cyprus
fee
.70 cents .80
.00 .. $1.00
**
1 10
"
British Guiana
British North Borneo Gambia
Newfoundland
Niger Coast Protectorate St. Lucia
Tobago
Trinidad
Zanzibar
fee
50 cents 60
**
Falkland Islands Lagos. Mombasa
St. Helena ... Windward Islands J
viâ London
122.-Parcels addressed to Holland, Italy (viâ Belgium), or Montenegro cannot be insured for more than $400, or to the Azores, Algeria or Tunis, Beyrout, Constantinople, Finland, France, Italy (via France), Madeira, Portugal, Roumania, Servia, Smyrna, for more than $200.
123.-The rates of postage are indicated in the following tables :- UNIVERSITY OF MICHIGAN
xl
HONGKONG POSTAL GUIDE
124.-To the United Kingdom and British Colonies, &c. :-
TO
Hongkong, China, Si-m
Japan, Corea, Formosa
Cochin-China, Cambodge, Tonkin, An- )
nar
Straits Settlements, Ceylon, India,* Bur- mah,* Aden,* Zanzibar,* Indian Post Offices on Persian Gulf, and in Turkish Arabia‡ Insurance not available
11
15
15
British North Boruen, Labuan (direct)..
11
10
5
ft. in greatest length
and girth combined
Malta
do.
11
Gibraltar
do.
| United Kingdom,* cid Gibraltar only
11
Ascension*
.(viä London)
11
Bahamas
do.
11
Bechuanaland, British
do.
889 888
Do.
30
30
40
60
65
80
*** 338
95
Do
25
Do.
25
Do.
55
Do.
55
Do.
50
POSTAGE.
LINIT OF
WEIGHT
EACH-
Subse
LIMIT OF BIZK.
PROHIBITED CONTENTS.
quent
lb.
on 5n
b.
3 c.
11
J9 €
10
centa.
5
2 ft. by 1 ft., by 1 ft.
20
20
Do.
11
10
5
Do.
Do., and not smaller than 3 in. by 2 in., by 2 in.
3 ft. 6 in. long, or 61
Opium. Letters are prohi-
bited in H'kong & Chins..
Opium.
Explosive matter, letters,
liquids, opium.
Opium.
}
Bechuanaland Protectorate
do.
7
1.60
1.50
Bermuda
do.
11
60
British Central Africa
do.
7
1.00
British Guiana*
do.
11
65
3833
Do.
90
Do.
50
Do.
British Honduras
do.
11
60
British New Guinea
do.
11
1.10
$2
50
Do.
50
Do.
(2lbs.)
Canida
Cape Colony
(vià Vancouver)' ((vià London) 11
11 40
25 55
Cyprus
Falkland Islands*
do. do.
11
75
11
Fiji
. (viá Ceylon and Sydn ey 11
88
55
98
35
60
80
Do.
2 ft. by 1 ft., by 1 ft. 3 ft. 8 in. long, or
ft. in greatest length and girth combined.
Do. Do.
3 ft. 6 in long. or 6
ft. in greatest length
and girth combined
Arms.
T'bacco, except for personal
use, copyright books. Specie or ostrich feathers.
Letters, specie, bullion,gold dust, nuggets, Ostrich feathers, tobacco stalks, essences of tobacco, tea, coffee, or chicory, parts of vine, plants, bulbs,
roots.
Letters, specie, bullion,gold dust, nuggets, ostrich feathers, tobacco stalks, essences of tobacco, tea, coffee, or chicory, parts of vine, plants, bulbs,
roots.
Dutiable articles, spirits, opium, ganje, churas, bhang, cannabis indica.
Letters liquids (unless se- curely packed), tobacco, spirits, opium. Oleomargarine, butterine. Letters, specie, bullion,gold dust, nuggets, ostrich feathers, tobacco stalks, essences of tobacco, tea coffee, or chicory, parts of vine, plants, bulbs, roots. Coins, tobacco.
Letters.
Letters.
Gambia,* Gold Coast Co-
-
lony, Lagos,* Sierra Leone
1
Į via London)
11
Hawaii
Hawaiian Islands.
(via Vancouver)į 11
(viå London) 11
Jamaica. Turks' Islands
Mashonaland, Matabeleland
do. do.
----
}
8 2888
[
baes a
Do.
Do.
55
1.60
1.60
Do. Do.
}
Mombasa.* Lamu, &c.)
do.
(British East Africa
11
Natal, Zululand
do.
11
12 13
76
50
75
65
New Hebrides
do.
11 1.35
60
(21bs. } ;
3 ft. 6 in. long, or 6ft.
in greatest length and girth combined.
Do.
Do.
}
Letters, opium. Letters.
Letters, specie, bullion, gold dust, nuggets, ostrich feathers, tobacco stalks, essences of tobacco, tea,| coffee, or chicory, parts of vine, plants, bulbe,
roots.
Poisonous drugs.
Letters, gold, silver, ostrich
feathers, fire-arms. Letters, tobacco, opium.
Parcels to these countries may be insured.
‡ Bagdad, Bahrain, Bander Abas, Busrah, Bushire, Gusdur, Jask, Lings, Mohammerah, Musoat.
ļ
HONGKONG POSTAL GUIDE
124. To the United Kingdom and British Colonies, &c. :-Continued
POSTAGE.
xli
TO
LIMIT OF
WEIGHT.
EACH
FIRST Subse-!
LIMIT OF SIZE.
PROHIBITED CONTENTS.
lb.
quent
lb.
New Zealand
(via Ceylon)
Newfoundland
Do."
(viå Vancouver)
(via London)
(New South Wales....
(via Ceylon)
Niger Coast Protectorate" (viá London) Orange Free State
do.
SFFFFFF
lb.
*
11
11
11
11
11
11
4888982
cents.
50
Do.
Letters, tobacco.
45
Do.
60
40
Do.
40
40
Do.
60
55
Do.
75
65
Do.
Letters, tobacco, opium. Breech-loading guns. Letters, specie, bullion,gold|
dust, nuggets, ostrich feathers, tobacco stalks, essences of tobacco, tea, coffee, or chicory, parts of vine, planta, bulbs, roots.
Letters.
Letters, liquids (unless se- curely packed), tobacco, spirits, opium.
| Letters.
Persia (except Indian P. O.
Persian Gulf.
0.}
do.
7
2.40
50
2 ft. long, or 4 ft. in length and girth combined.
Letters.
3 ft. 6 in. long, or 6
Port Darwin
.(direct).......... 11 30
30
ft. in greatest length
and girth combined.
Queensland
.(via Ceylon) 11
1.00
50
Do.
(2lbs.)
Samoa, Raratonga (vià Ceylon & Sydney) South Australia
11
80
(via Ceylon)
11
1.00
St. Helena, Tristan d'A-
(2lbs.)
(via London)
11
60
cunha
Tangier
do.
11
60
Tasmania
(via Ceylon)
11
90❘ 50
(2lbs.)
Transvaal
(via London)
11
75
65
& I SI IN
75
Do.
50
Do.
60
Do.
40
Do.
Do.
Do.
Trinidad
do.
11
80
50
i
Cruguay
do.
11
2.40
Victoria (Australia)
.(via Ceylon)
11
1.00
(2lbs.)
Western Australia
do.
11
1.00
Islands**, Barbados" ... ... ....
Windward and Leeward } (viâ London)
11
(2lbs) 60
Zanzibar" .........................
do.
| 11 75
223
20
Do.
ft. long, or 4ft. in length and girth combined.
3 ft. 6 in. long, or 6
ft. in greatest length and girth combined.
Do.
S
Letters.
Gold (unless manufactur- ed), ostrich feathers, spi- rits.
Letters, arms, ammunition,
opium.
Letters, tobacco (except for
personal use).
Letters, money, precious stones, articles of gold, in addition to the articles inadmissible to Cape Co- lony and Natal.
Letters, dutiable articles spirits, gunga, bhang cannabis indica, opium, Letters, liquids,lottery tic
keta, orchilla, litmus-
plants.
Letters,coins, plants, opium,
spirits, tobacco.
Letters, coin, gold, silver,
50
50
2 3 3 3
Do.
50
Do.
Opium.
* Parcels to these countries may be insured.
✦ Antigua, Montserrat, St. Kitts, Nevis, Dominica, Virgin Islands, Grenada, St. Lucia, 8t. Vincent, Tobago, Tortola.
125.-To the Continent of Europe and Foreign Countries:-
1
BRITISH PACKET, vid London.
GERMAN PACKET. vid BremeN
To
PROHIBITED Contents.
0 to 2 tb.
2 to 7 th.
7 to 11 tb. 0 to 7 Th. 0 to 11 tb.
$ c.
3. c.
$ c.
$ c.
3 c.
Argentine Republic §
2.10
8.80
4.50
Letters, vine plants, gold,
silver, jewellery
Austro-Hungary"
1.70
2.50
3.90
2.00
Azores Islands"
2.20
3.00
9.80
Letters, lottery tickets.
Letters, coins,
tobacco,
vines, plants.
Belgium(r).
1.60
2.40
8.30
2.00
Letters, plants, arms, coins.
Beyrout* Direct to Egypt
1.30
2.30
3.30
Letters, fire-arms, tobacco,
Bosnia Herzegovina, and
Novi-Bazar.
} 2.00
2.90
(except cigars and snuff),' plants.
Letters, lottery tickets,
plants.
* Parosis to these countries may be insured § Parcels must not exceed 2 ft. in length, or 4 ft. in length and girth combined. ¶Parcels must not exceed 3 feet 6 inches in length, or 6 feet in greatest length and girth combined.
By z by Google
3.80
xlii
HONGKONG POSTAL GUIDE
125.-To the Continent of Europe and Foreign Countries:-Continued
BRITISH PACKET,
vin London.
GERMAN PACKET, Direct.
ΤΟ
PROHIBITED ContentS.
to 2 lb.
2 to 7 lb.
7 to 11 lb.
0 to 7 lb. 0 to 11 lb.Į
$ c.
8 c.
$ c.
Bulgaria
2.20
8,00
[Letters.
Cameroons,* Little Popo,
2 50
3.80
4.10
Lome, Togo
Canent and Santiago .
Verd Islands:- St.
2.20
3.00
3.80
Chili §
2.80
8.60
4.40
Colombia¶
2.10
3.40
5.10
Congo Free State §
1.60
2.40
8.00
Constantinople
*
1.00
1.90
2.80
Costa Rica ¶
2.00
3.40
4.80
Danish West Indies¶
1.80
8.00
4.20
Denmark *
1.70
2,50
3.40
Dutch East Indies §
2.60
3.30
4.10
Dutch Guiana §
2.70
3.60
4.40
Dutch West Indies §
Egypt (direct)
0.80
1.50
2.10
Eritrea §
2.40
8.20
4.00
Finland
1.80
2.70
...
2.00
Letters, liquids.
Letters, dangerous articles,' liquids, (unless securely| packed,
Letters, plants, arnis and implements of war, arti- cles injurious to health. Letters, arms, ammunition. Letters.
Fire-arms, tobacco, salt. Letters, armis, ammunition. Letters.
Letters, lottery tickets, pro-
spectuses, almanacks. Letters, opium, arms, salt,
coffee, plants, or seeris.
Letters.
Letters, armis, ammunition,
liquids.
Letters, tobacco, plants, arms,!
chemical compounds. Letters, arms, spirits, coins,' skin and fur of sea-otters.
France*
1.60
2.40
3.20
2.00
FRENCH COLONIES :-§
Algeria, Corsica, Tripoli
1.80
2.70
3.50
French Congo, West Coast
1.80
2.70
8.40
of Africa.
French Guiana, Guade-
loupe, Madagascar, Mar-
2.50
8.30
4.10
tinique, Mayotte, Réunion
Letters, arms,
ammuni-i
tion, medicines, tobacco, foreign bronze coins, plants, jewellery, lace, gold, silver.
Obock, Senegal, Tunis*
2.10
2.90
3.70
New Caledonia
2.80
3.60
4.40
Tahiti
3.10
3.90
4.60
St. Pierre and Miquelon
2.00
2.80
8.60
German East Africa §.
8.00
8.80
4.60
German New Guinea §
2.80
8.70
4.50
Letters.
Germany
•
1.50
2.30
3.20
1.80
Greece §
1.60
2.40
Holland
1.40
2.40
3.20
2.00
Italy (viâ Belgium)"
2.10
2.90
3.70
Do. (vià France)*
1.80
2.00
8.40
Jeddah ¶
1.60
2.80
8.80
Liberia
1.30
2.90
4.30
Luxemburg
1.50
2.40
3.20
1.90
Letters.
Madeira*
2.00
2.80
3.60
Mauritius
1.90
2.80
3.60
Mexico (vià London)§.
0.65
1.40
1.90
Montenegro
2.10
3.00
3.80
Morocco
1.50
2.30
8,00
Norway*
1.40
2.30
3.20
2.40
Letters.
Paraguay§
2.80
3.50
Portugal
1.80
2.80
3.40
2.50
Portuguese West Africa :-
Bolams, in Guinea,
2.20
8.00
8.80
Ambriz, Benguela, Caben-¡
da, Loanda, Mossamedes,
and St. Thomas...................
}
2.60
8.40
4.20
Letters, dangerous articles, . liquids (unless securely packed).
Letters.
Letters, plants with roots, vines or parts of vines, socialistic books.
Letters, tobacco, plants, salt. Letters.
Letters, tobacco, plants, arins, chemical com- pounds, saccharine and its products, and copper; coins.
Letters, arms, tobacco,plants,
hashish.
Letters.
Letters, coins, tobacco, vines, !
plants.
Letters.
Letters, liquids,
money,
precious stones, lottery
tickets, circulars.
Letters, tobacco.
Letters.
Letters, gold, silver, jewel,
lery, corrosive fluids.
Letters, coins, tobacco, vines,|
plants.
Letters, dangerous articles,
liquids (unless securely packed).
• Parcels to these countries may be insured
§ Parcels must not exceed 2 ft. in length, or 4 ft. in length and girth
combined. ¶ Parcels must not exceed 3 feet 6 inches in length, or 6 feet in greatest length and girth combined.
HONGKONG POSTAL GUIDE
125.-To the Continent of Europe and Foreign Countries :-Continued
Roumania*
British PACKET,
vid London.
To
0 to 2 lb.
2 to 7 lb.
C.
2.00
2.90
German Packet.
Direct.
7 to 11 lb. 0 to 7 lb. 0 to 11lb.
8 r. 8.00
Russia (European) includ-
ing Finland
} 1.80
2.60
3.40
Salvador¶
2.70
4.10
5.80
Servia"
9.00
2.80
8.60
Seychelles¶
1.35
2.60
3.60
Smyrna*
1.00
1.90
2.80
Spain §....
1.80
2.60
$ c.
$ c.
2.30
Sweden"
1.60
2.70
3.60
2.40
Switzerland (cid France)"
1.70
2.50
3.40
2.00
Do. (ría Belgium)".
1.90
2.70
3.60
Turkey (French PostOffices)§
2.10
2.90
8.70
Venezeula§
2.80
3.60
xliii
Prouibited Contents.
Letters, tobacco, plants (ex- cept seeds and dried roots), arms, ammunition, bronze coins, patent medicines. Letters, plants, objects from which liquid or fat exudes, Russian coins of small value, gold or silver arti- cles not up to the proper standard, lottery tickets, wooden pipe-stems. Letters.
Letters, vines.
Letters, gold, silver,. jewel-
lery.
Letters, materials for gun- powder, plants, arms," to- bacco.
Letters arms, ammunition- maps, missals, plants, rosa- ries, relics, gold, silver, Jewellery.
Letters, gold, silver, drugs.
Letters, plants, alcohol. Letters, tobacco, fire-arms. Letters, dangerous articles,' liquids (unless securely, packed), cocoanut oil, brandy, cotton, starch, in- digo, sugar, cocoa, coffee, syrup of sugar or honey, salt-meat,match-sticks, salt, sarsaparilla, coins, dies for making coins, arms, lead, saltpetre.
• Parcels to these countries may be insured. § Parcels must not exceed 2 ft in length, or 4 ft. in length and girth combined. ☛ Parcels must not exceed 3 ft. 6 inches in length, or 6 feet in greatest length and girth combined.
126.-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.
127.-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.
128.-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.
GENERAL RULES FOR PARcel Post.
139.-No parcel can be insured for more than its real value.
The sum for which a parcel is to be insured must be entered on the cover thus :- "Insured for £ : S: d."
It must also be inscribed in the place provided on the declaration form. The number of pounds should be entered in words. No alteration or erasure of the entry is permitted.
140.-Every insured parcel must be packed carefully and substantially, with due re- gard to the nature of the contents and the length of the journey, and must be sealed with wax or lead in such a way that it cannot be opened without either breaking the seal or leaving obvious trace: of violation. For instance, seals must be placed over each joint or loose flap of the covering of a parcel; and if string be used in packing, a seal must be placed on the ends of the string where they are tied together.
141.--All the seals on a parcel must be of the same kind of wax or lead, and must bear distinct impressions of the same device; and the device must not consist merely of straight, curved or crossed lines. Coins must not be used for sealing.
142.-Parcels containing coin, watches, jewellery, or any article of gold or silver must be enclosed in strong boxes or cases which must be sewn up, or otherwise fastened, in wrappers of linen canvas, strong paper, or other substantial material. In such eases seals must be placed along the edges of each join or loose flap at distances not more than three inches apart. The address of such parcels must be written on their actual covering
Digitized by
Google UNIVERSITY OF MICHIGAN
xliv
HONGKONG POSTAL GUIDE
143.-If a parcel tendered for insurance does not, in the opinion of the officer to whom it is tendered, fulfil the foregoing conditions as to packing and sealing, it is his duty to refuse to insure it ; but the onus of properly packing and fastening the parcel lies upon the sender; and the Post Office assumes no liability for loss or damage arising from defects of packing or fastening, which may not be observed at the time of posting.
144.-Unless parcels containing coin, watches, jewellery, or any article of gold or silver are insured for at least part of their value they cannot be sent by Parcel Post. When an insured parcel is redirected from one country to another, a fresh insurance fee becomes payable for each such transmission. If this fee is not prepaid, it is collected from the addressee on delivery. Insured parcels can only be redirected to countries which have adopted the insurance system.
145.-Compensation for a parcel lost or damaged in the Post will not exceed the amount of the actual loss or damag e,and will not be paid at all for a parcel conta ining any prohibited article or for any parcel which has been delivered without external trace of injury and has been accepted without remark by the addressee; nor does it follow that compensation will be given when loss or damage arises from tempest, shipwreck, earth- quake, war, or other causes beyond control. No claim for compensation will be admitted if made more than a year after the parcel was posted.
146.--No legal liability togive compensation in respect of any parcel for which an in- surance fee has been paid attaches to the Postmaster-General, either personally or in his official capacity. The final decision upon all questions of compensation rests with the Postal Administration of the country in which the loss or damage has taken place.
No
147.-Parcels must be posted before 3 p.m., on the working-day next before the depar- ture of the packet. A receipt will be given for each. A declaration of contents and value is required except for places the names of which are printed in italics. The declaration form is supplied free. 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. parcel must exceed $1,200 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 pro- hibited) or another parcel to that address, but no other enclosure. Declaration of contents inust be complete and accurate. Everything in the parcel should be entered. False declaration exposes the parcel to the risk of confiscation.
148.-A charge at the full rate of postage originally payable is made for every redirec- tion of a parcel, unless the original address and the corrected address are in a delivery from the same Post Office, and the parcel is not at the time of redirection lying at a Returned Letter Office. In such cases no additional charge is made for redirection. Parcels, like other postal packets, can only be redirected by the Department upon receipt of an authority duly signed by the person to whom they are addressed. Persons desiring parcels to be redirected, as well as other postal packets, should fill up two redirection notices, one for parcels and one for other postal packets. If the ordinary request for the redirection of letters be alone filled up, parcels will not be forwarded," All parcels are liable to charge for redirection, Government parcels and parcels for soldiers and sailors not excepted.
149.-If a parcel which cannot be delivered bears on the cover the name and address of the sender, it is retained at the General Post Office, and a printed notice is sent thence to him by post, informing him that the parcel (if not claimed in the meantime by the addressee) will be given up to him or to any person whom he may direct to call for it at the office, or will be returned to him by post, or will be redirected to a fresh address. If the sender wishes to have the parcel redirected, or sent back to him by post, he must return the printed notice with the necessary instructions, and with stamps to the amount of a fresh postage at the full rate and of any other charges to which the parcel may be liable. The parcel is then forwarded to him prepaid by stamps affixed thereto. If no reply is received within six weeks after the date of the notice, or if the Post Master has reason to believe that application is made for the parcel by a person who is neither the sender nor the addressee, or if the sender fails to pay the charges due on it, the parcel is sent to the Returned Letter Office. For re-issue by post from the Returned Letter Office a second rate of postage is invariably charged. If a parcel which cannot be delivered does not bear on the cover the name and address of the sender, it is sent to the Returned Letter Office, where it is opened and examined. If upon such examination the name and address of the sender are as- certained, a printed notice is sent to him, and the parcel is treated in the same manner as a parcel upon the cover of which the name and address of the sender appears. If the name and address of the sender cannot be ascertained from the examination of
be
DI
K.
HONGKONG POSTAL GUIDE
xlv
the parcel, the name of the addressee of such parcel and the Post Office at which it was posted are entered on a list, which is exhibited in a conspicuous position, for inspection by the public, at such Returned Letter Office, where personal application for such parcel can be made. In default of proper application and payment of any charges which may have accrued on them, undelivered parcels are liable to be finally disposed of three months after the date of arrival at the Returned Letter Office. If, however, at any time during the period, or during the period of retention at a Post Office the contents of a parcel become or are likely to become worthless through natural decay, or are found to be offensive or injurious, they are liable to be disposed of forthwith.
150.-A parcel which is wrongly or insuthciently addressed is also treated in the way described above, when the mistake or omission in the address cannot be rectified with certainty from the knowledge of the officer dealing with it. If it is necessary to treat the parcel as undelivered, it is liable to a second rate of postage before it can be for- warded to a correct address. Parcels found without address are sent at once to the Returned Letter Office.
151.- Parcels for Russia.-Each parcel, or each set of two or three parcels from the same sender to the same addressee, must be accompanied by four Customs declarations. Special care should be exercised in the preparation of the Customs declarations, as the omission to describe fully and accurately the nature of the various articles contained in a parcel, their quantity, quality, and value, may lead to an increase of 10 per cent. in the Customs duty. The value of each article contained in a parcel should be given in Russian as well as in English money. Weights should be given in grammes. In the case of gold or silver articles (except watches) the fineness of the metal must be stated.
152. The importation of the following articles into Japan is prohibited :----
P
(1.) Adulterated drugs, chemicals, medicines, food and beverages, considered
to be injurious by laws, ordinances, and regulations of the Empire.
(2.) All articles for use in smoking opiumi.
(3.) All articles which are considered dangerous to the public health for sani- tary reasons or to the safety of animals or plants under the laws, ordin- ances, and regulations of the Empire.
(4.) Articles in violation of patent, design, trade-mark or copy-right laws of the
Empire.
(5.) False coins of any kind, and imitations of coins which might be considered
to be false coins.
(6.) Opium. (Opium imported by the Imperial Government for medicinal pur-
poses is excluded from this prohibition).
(7.) Prints, printed books, paintings, engravings, carvings, or any other articles
which, in view of public security or morals, might oiler any danger.
MONEY ORDERS.
[Office Hours (Sundays and holidays excepted) 10 to 4, Saturdays 10 to 1, but the office is open from 10 to 5 on the working-day next before any mail for Europe, which leaves at noon.]
[Money orders cannot be issued or cashed on mail mornings, when closing mails for Europe, until noon.]
153.-Money Orders are issued at Hongkong and Shanghai at current rates of exchange on the following countries and places:-
Canada
China Ports (Hoihow, Can- ton, Swatow, Amoy, Foo- chow, Ningpo, Hankow, and Shanghai).
Ceylon.
Corea Fusan, Chemulpo,
Seoul, Yuensan
Mukhoj.
and
Hawaii (Sandwich Islands).
BRITISH COLONIES :- Bermuda
British Guiana.
British Honduras.
Cypru
Falkland Islands.
Gibraltar.
Malta.
Newfoundland.
Western Australia.
British India (including Kanazawa, Kumamoto,
Burmah and the Agen- cies of the Indian Post Office in the Persian Gulf).
Japan Ports (Nagasaki, Ko- be, Osaka, Kioto, Yoko- hama, Tokio, Akamagase- ki(Shimonoseki)Aomori,
Hiroshima, Kagoshima,
Nagano, Nagoya,Niigata, Sapporo, Bendai, Ta- dotsu, and Utsunomiya). New South Wales. New Zealand. British North Borneo (Sandakan, Kudat and Labuan. Queensland.
Drawn through London Office.
AFRICA.
Cape Colony, (including Basutoland and British
Bechuanaland).
Gambia.
Gold Coast. Lagos.
Rhodesia (including Ma- shonaland, Matabeleland, and Northern Zambesia).
Mauritius.
British East Africa Pro- tectorate (Mombasa and Lamu).
Natal (including Zululand, Niger Coast Protec- torate).
St. Helena. Seychelles.
Sierra Leone.
Siam (Bangkok and Chi-
engniai only).
South Australia. Straits Settlements (Singa- pore, Penang, Malacca). Tasmania.
United Kingdom. Victoria,
United Statesof America.
Zanzibar Protectorate.
WEST INDIES.
Antigua.
Bahamas.
Barbadoes.
Dominica.
Grenada.
Jamaica
Montserrat. Nevis.
xlvi
St. Kitts
St. Lucia.
St. Vincent.
Tobago.
Trinidad.
Turks' Islands.
FOREIGN COUNTRIES:-
Austria.
Belgium.
Bosnia.
Bulgaria.
Cameroons and Togo. Chili.
Congo Free State (Banana,
Boma and Matadi). Denmark (including Ice- land and Faroe Islands). Danish West Indies. Dutch East Indies.
Egypt.
HONGKONG POSTAL GUIDE
Drawn through London Office, Continued.
France, with Algeria. German Empire.
German East African Pro-
tectorate. Herzegovina. Holland. Hungary.
Italy (with offices on the Red Sea and at Tripoli). Luxemburg.
New Guinea (German Pro-
tectorate of). Norway.
Orange Free States,
Portugal (including Ma- deira and the Azores). Roumania. Salvador. Servia.
Sweden. Switzerland.
Dédé-Agatch (Déde-
South African Republic
(Transvaal).
Aghadj)
Tunis.
Durazzo.
Uruguay.
Gallipoli
Ineboli
Jaffa.
FOREIGN CITIES AND TOWNS :-
Adrianople.
Beyrout.
Constantinople.
Panama.
Salonica.
Smyrna
Tangier.
ABIA MINOR AND LEVANT.
Candia.
Canea (Khania, La Canée). Chios (Khios). Dardanelles.
Janina.
Jerusalem.
Kaifa (Caiffs).
Kavala (Cavalla)
Kerassonde (Kéressoun).
Lagos (Turkey)
Mitylene.
Prevesa.
Retimo.
Rhodes.
Samsoun.
[doz).
Santi Quaranta (Seran- Trepizond (Trapezunt). Valona.
Vathy-Samos
Office are paid less All such Orders must be
154.-Orders on the Countries drawn through the London Post the following discount, for which the remitter should allow. expressed in British currency:-
For sums not exceeding £2..
""
19
exceeding £2 but not exceeding £ 6.....
>>
£6
""
£10..
......
..3d. ....6d.
...9d.
155. The commission charged is as follows (according to the currency the Order is drawn in):-
(a.) Upon the Australian Colonies for sums not exceeding :-£1, 12 cts.; £2, 24 cts.; £3, 36 cts.; £4, 48 cts.; £5, 60 cts.; £6, 72 cts. ; £7, 84 cts. ; £8, 96 cts. ; £9, 81.08; £10, $1.20. (b.) On the United Kingdom and on Countries drawn through London :- £1, 8 cents; £2, 16 cents; £3, 24 cents; £4, 32 cents; £5, 40 cents; £6, 48 cents; £7, 56 cents; £8, 64 cents; £9, 72 cents; £10, 80 cents.
(c.) On India and Ceylon :-Up to 20 rupees, 20 cts.; 50 rupees, 40 cts.; 70 rupees, 60 cts.; 100 rupees, 80 cts.; 150 rupees, $1.00.
(d.) On other places in dollars or yen :-Up to $10, 20 cts.; $25, 40 cts.; $35, 60 cts.; $50, 80 cts.; 860, 81.00; $75, 81.20; 885, $1.40; 8100, $1.60.
156.-No Single Order must exceed $100, £10, 850 gold, or 150 Rupees.
Imperial PoSTAL NOTES.
157.-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.
158.-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
159-Postal Notes should always be forwarded in registered covers. If this precaution is not taken NO ENQUIRIES WHATEVER will be made as to the loss or alleged loss of any Note.
160.--Postal Notes issued in United Kingdom are not payable in Hongkong or China.
LOCAL POSTal Notes.
161.-Postal Notes of the values named below, payable within six months, are issued and paid at Hongkong, Hoihow, Canton, Swatow, Amoy, Foochow, Ningpo, Shanghai and Hankow:-
25-cent Note. 50
$100
$ 2.00
"
Commission charged on issue
1 cent
•
2 cents
• 3.00 $ 4.00 $ 500 $10.00
Note.
Commissiou charged on, issue
centa
**
"
10
20
IF
..
162. In addition to the above commission on Notes issued at Hongkong, Hoihow Canton, Swatow, Amoy and Foochow payable at Shanghai, Ningpo, or Hankow, a further charge at current rates is made to cover the difference between chopped and clean dollars, UNIVERSITY OF MICHIGAN
HONGKONG POSTAL GUIDE
xlvii
163.-The officer issuing any Postal Note shall fill in the name of the port where it is payable. The purchaser may, before parting with the Note, fill in the name of the Payee, 164.-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 which it is forwarded.
185.-If a Postal Note be lost or destroyed, no duplicate thereof 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.
166.-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.
167.-After a Postal Note has once been paid, to whomsoever it is paid, the Government will not be liable for any further claim.
168.-If any erasure or alteration be made, or if the Note is cut, defaced or mutilated, payment may be refused.
169.-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.
170.-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. 171.-It shall be within the discretion of the Postmaster-General to suspend at any time the issue of Local Postal Notes.
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, 1899. UNIVERSITY OF MICHIGAN
LEGALISED TARIFF OF FARES FOR CHAIRS, JINRICKSHAS, BOATS, AND
COOLIES &c., &c., IN THE COLONY OF HONGKONG
CHAIRS
I.-In Victoria, with two bearers.~Half hour, 10 cents; One hour, 20 cents; Three hours, 50 cents; Six hours, 70 cents: Day (6 A.M. to 6 P.M.) $1. If the trip is extended beyond Victoria, half fare extra. II.-Beyond Victoria, with four bearers.-Hour, 6) cents: Three hours, $1.00; Six hours, $1.50; Day
(6 A.M. to 6 P.M.), $2.00.
III.-In the Hill Districts, with two bearers.~Half hour. 15 cents; One hour, 30 cents; Three hours, 75 cents; Six hours, $1.00; Day (6 A.M. to 6 P.M.), $1.50. With four bearers.-One hour, 60 cents; Three hours. $1.00; Six hours, $1 5o; Day (6 A.M. to 6 P.M.), $2.00.
JINRICKSHAS. (With single drawer}
Quarter hour, 5 cents; Half hour, 10 cents; Hour, 15 cents; Every subsequent hour, 10 cents,
NOTE.-Victoria extends from Mount Davis to Causeway Bay and up to the level of Robinson Road. If the vehicle is discharged beyond these limits half fare extra is to be allowed for the return journey. Extra bearers or drivers and extra hours to be paid proportionate sums.
Cargo Boats
1st Class Cargo Boat of 800 piculs and upwards 2nd Class Cargo Boat under 800 and not less than 450 piculs 3rd Class Cargo Boat under 450 and not less than 100 piculs 4th Class Cargo Boat under 100 piculs
per day, per load.
$10.00
$5.00
5.00
3.00
3.00
2.00
1.50
1.00
ROWING Boats
1st Class Boat upwards of 40 feet in length, per day of 12 hours.... 2nd Class Boats from 30 to 40 feet in length, per day of 12 hours All other Boats, per day of 12 hours
All Boats, per hour with 2 passengers
All Boats, per half hour with 2 passengers
$2.00
1.50
1.00
0.20
0.10
For each extra passenger 5 cents for half-an-hour, 10 cents per hour. Between sunset and sunrise 5 cents extra per passenger.
SCALE OF HIRE FOR STREET CooLIES
One day, 33 cents; Half-day, 20 cents; Three hours, 12 cents; One hour, 5 cents; Half-hour, 3 cents Nothing in the above scale is to affect private agreements.
FIRE SIGNALS ON SHORE, HONGKONG
1st.-Quick alarm Bell for 5 minutes. 1 Stroke for Eastern district, East of Murray Barracks 2 Strokes, Central district from Murray Barracks to the Harbour Office. 3 Strokes, Western district
WEATHER-FORECASTS AND STORM.WARNINGS ISSUED FROM THE HONGKONG OBSERVATORY
Storm-signals are hoisted on the must beside the time-ball at Kowloon Point. They are similar to those hoisted in the British Isles by order of the Meteor·logical Office, London.
NORTHERLy Gales
A Cone, point upwards, means that strong winds are probable from the Northward or Eastward.
SOUTHERLY GALES
▲ Cone, point downwards, means that strong winds are probable from the Southward or Westward.
These signals are considered justified if followed, at any place within fifty miles of where they are hoisted, by winds of force 6 or upwards to force 12 within 48 hours, and too late if it blows a gale of force 9 before they are hoisted.
VERY HEAVY GALES
▲ Drum may be hoisted with the cone at times when the weather-forecaster believes that a strong gale, which may possibly reach typhoon force from the direction indicated by the cone, is approaching, and a gun, placed at the foot of the mast, is fired, whenever the drum is hoisted.
The use of the drum is at present suspended in the British Isles and no gun is fired there. It is considered justified if followed, at any place within fifty miles of where it is hoisted, by a gale of force 8 and upwards to force 12 within 48 hours, and too late if it blows a gale of force 9 before it is hoisted. NIGHT SIGNALS
At dusk, whenever a signal ought to be flying if it were daylight, a ni:ht signal will be hoisted in place of the cone, consisting of three lanterns shewing white, or any colour but all alike, hung on a triangular frame, po.nt upwards or downwards as the case may be. No lanterns are hoisted to represent the drum.
In every case when it is thought that immediate danger is over, the signal is at once lowered. UNIVERSITY OF MICHIGAN
TREATIES, CODES, &c.
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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 Pottinger, 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 towns, 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 Britanuic 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 British 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
1*
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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 twe.ve 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 1844; 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, on account of their having resided under, or having had dealings and intercourse with, or having entered the service of Her Britannic 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 shail 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 ports to British merchants, be completed.
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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 tɔ 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 bereby renewed and confirmed.
The Supplementary Treaty and General Regulations of Trade having been amended and improved, and the substance of their provisions having been incor- porated 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. UNIVERSITY OF MICHIGAN
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TIENTSIN TREATY, 1858
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 Ambassadors, 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 a 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 severely 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 held 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 nations. All expenses attending the Diplomatic Mission of Great Britain shall be borne by the British Government.
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.
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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 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 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 be 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, without 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. UNIVERSITY OF MICHIGAN
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TIENTSIN TREATY, 1858
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.
TIENTSIN TREATY, 1858
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 denart 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. XXXII.-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. UNIVERSITY OF MICHIGAN
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TIENTSIN TREATY, 1858
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 account 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 from, 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 its 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. UNIVERSITY OF MICHIGAN
TIENTSIN TREATY, 1858
11
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 balk, 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 meanin: 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
maltion UNIVERSITY OF MICHIGAN
12
PEKING CONVENTION, 1860
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 contents 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.
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 of 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.S.) ELGIN AND KINCARDINE
SIGNATURE OF 1st CHINESE PLENIPOTENTIARY
SIGNATURE OF 2ND CHINESE PLENIPOTENTIABY
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.
Digizon by Google
PEKING CONVENTION, 1860
13
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 proportions 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 UNIVERSITY OF MICHIGAN
14
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 thousaud 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 Tientsin, 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.
(L.S.)
SEAL OF CHINESE PLENIPOTENTIARY
ELGIN AND KINCARDINE
Signature or 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.8.)
SEAL OF CHINESE PLENIPOTENTIARIES
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," have 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:-
1. Dutiable articles taken over from the original Tariff are printed in ordinary type. 2. Duty-free articles are printed in italics.
3. Exceptional and contraband articles specified in the "Rules appended to the Tariff"
are printed in black type.
4. 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.
TARIFF UNIT and Duty,
Per \T. m. c. c. 100 catties] 0 15 0
TARIFY UNIT and Duty.
NAME OF ARTICLE.
Artificial Flowers Asafoetida
Per T. m. c.c. 100 catties] 1 5 0 0
0650
*
0750
13
0 500
Bambooware
Bangles or Armlets, Glass Bar Iron. See Metals. Beams. Ses Timber.
Beancake.
Agar-agar....
Agaric. See Fungus.
Almonds.
See Apricot
Seeds.
Alum...
0045
23
Alum, Green, or Copperas
0100
"
Aniseed, Broken......
0250
"1
Aniseed Oil
5000
Including Guano.*
Aniseed, Star
0500
Bean Oil. See Oil.
Antimacassars.
See Ar-
Beans and Peas
ticles de Tapisserie.
Antiques. See Curiosi-
ties.
0 0 3 5
"
0 0 6 0
Apricot Seeds, or Almonds
045 0
Armlets, Glass.
See Ban-
gles.
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 Room, Bowling Alley, and Backet Court; Safes, Stores, Grates, Cooking Ranges, Fire-irons, Fenders, Coal- scuttles, etc.; Cornices and Curtains, etc.; Gas Fittings, Belle, etc; Books, Music, Musical Instruments, Scien- tific Instruments and Ap-| paratus, etc.; Saddlery, Harness, and Carriages; Foreign
Carpeting and Draggeting, etc. Exclu- ding Clocks, Musical Boxes, Pictures, Paintings, Look- ing-glames, Mirrors, Curio- nities, Lampwicks, Mats, 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.
0450
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. Seel
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-
ory.
Free.
100 catties 1 0 0 0
0 15 0
>>
"
0 0 7 5
1 5 0 0
"
0350
Catty
0550
0450
"
0 1 5 0
"
Free.
Boneware and Hornware. 100 catties 150 0
• Guano is allowed to pay 5 per cent, ad valorem at importer's option.
16
NAME OF ARTICLE.
Books,
CHINESE. See
Paper, 1st Quality.
Books, Foreign. See dr-
ticles de Ménage.
Boots, Chinese. See Shoes
and Boots.
Boots Foreign. See Cloth-
ing, Foreign
Bracelets, Foreign. See
Jewellery, Foreign. Brass Buttons [EXPORT
TARIFF]
Brass Buttons [IMPORT
TARIFF]
Brass-foil.
Brassware
Brass Wire
Brick Tea. See Tea, 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. See Horns,
Buffalo.
Buffalo Sinews. See Si-
news.
BUILDING MATERIALS NOT
SPECIFIED IN TARIFF,
IMPORTED FOR OTHER
CUSTOMS TARIFF
|TARIFF UNIT AND DUTY.
NAME OF Articlk.
Per
Per
T. m. c. c.
TABIFE UNIT AND DUTY.
\T. m. c. c.
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
[100 catties 2 0 0 0
Piece 100 catties
0400 0 3 0 0
1 0 0 0
..
>>
0500
Free.
Floor-cloth,
[Excluding Chinese Car- pets.]
100 catties 3 0 0 0
Gross 100 catties
0 0 5 5 1 5 0 0
Including Oil
"}
1 0 0 0
22
1 1 5 0
Carpeting, Foreign.
>>
0 200
THAN OFFICIAL PUR-5 per cent.
POSES.......
Building Materials import-
ed for official residences
or offices.....
Bullion, Gold and Silver...
Bunting. See
Butter
Manufactures.
Woollen,
Including Condensed and De-
riccated Milk.
Buttons, Brass. See Brass
Buttons.
Cakes.
ad valorem|
Free
"
"
See
Articles de Ménage. Carpets and Druggets ...
Not including Foreign Car
peting and Druggeting.
Carriages. See Articles de
Ménage.
Cash. See Copper Cash.
Cassia Buds
Cassia Lignea
Cassia Oil
Cassin 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.
Foreign. Seel
Charcoal
Charms,
Jewellery, Foreign.
Cheesc
Chestnuts
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 РАБНОЇ, WHICH PAYS AS POTTERY, EARTHENWARE.
Chinaware, Fine.... Chinaware, Foreign. See
Hundred
3 500
100 catties 0800
0600
JJ
9000
JJ
0150
0200
"
Free.
100 catties 0 1 0 0
"
0130 0450
0900
See Confectionery.
See
Camagon-wood.
Wood, Camagon.
Cambrics. See Cotton
Piece Goods,
CAMELS' HAIR. See HAIR,
CAMELS'.
CAMELS' WOOL. See
WOOL, CAMELS'.
Camlets. See Woollen
Manufactures.
Camphor
Camphor, Baroos, Clean. Camphor, Baroos, Refuse. Candles, Foreign
Canes
1 3 0 0
100 catties 0 7 5 0
Catty
0 7 2 0
"J
Free.
Thousand 0 5 0 0
Glassware.
Chintzes. See
Cotton
Piece Goods.
Chocolate. See Confec-
tionery.
Chutneys. See Vegetables.
Cigar-cases. See Cigars. Cigar-holders. See Cigars. Cigars, Foreign
Including Cigur-cases, Cigar-
holders, and Pipes.
Cinnabar
Cinnamon
CITRONS, See Vegetables.
Clocks
{
Free.
100 catties 0 750 1500
"
5 per cent. ad valorem| UNIVERSITY OF MICHIGAN
CUSTOMS TARIFF
17
NAKE 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 (if im- ported in reasonable quanti. hes by Foreign Retail Dea- lers, Tailors, and Milliners, for Foreign_use); Foreign Boots and Shoes, Hosiery, Haberdashery, and Milli- sery [Excluding Umbrel- laa, Cotton Handkerchiefs, Silk Ribbons. Silk Thread, Silk Shawls, Silk Scarves, Silk| Tassels, Silk Caps, Chinese Felt Caps, Chinese Boots and Shoes.]
Clothing, Silk..... Cloves
Cloves, Mother
Coal, Foreign *
COAL, NATIVE : FORMO- SA, HUPEH, ANHWEI, KWANGSI, AND K'AI-
P'ING.....
COAL, NATIVE, OTHER
SORTS
Coal shipped by Yachts for
their own use
Coal-scuttles.
de Ménage.
Cochineal....
See Articles
Cocoa. See Confectionery. COCOA-NUTS. See Vegetables Cocoons. See Silk.
COCOONS, REFUSE
TARIFF UNIT AND DUTY.
Per T. m. c. c. 100 catties] 1 5 0 0
Free.
NAME OF ARTICLE,
TARIFF UNIT AND DUTY.
Per
T. m. c. c.
See
Copper, in Sheets.
Metals.
Copper, in Slabs. See
Metals.
Copper Nails. See Metals. Copper Rods. See Metals. Copperware and Pewter-
ware
INCLUDING WHITE METAL
PIPES (INFERIOR).
Copper, Old, Sheathing... Copper Ore
Copperas.
Green.
Coral...
100 catties 1 1 5 0
0500 0500
"
See Alum,
Copying Presses. See Sta-
tionery.
Corals, False
Catty 100 catties
0100
0500 0 18 0
Cordage, Manila
0 3 5 0 0 3 5 0
"J
Cordials. Sec Wines.
Ton
0 0 5 0
Cornelian Beads
100 stones
7000 0300
Corn-flour. See Sago.
[100 catties 10 0 0 0
0 1 0 0
0300
Free.
100 cattics 5 0 0 0
{
5 per cent. [ad valorem
COCOON SKINS (Shells).. Cofee. See Confectionery. Coins, Foreign
Coir
COKE..
Comfits. See Preserves. Confectionery
Including Pastry, Cakes, Bon- bons, Coffee, Chocolate, Co- toa, Spices, Sauces, Season- ings, Flavouring Essences, Foreigs Pepper, Mustard, Table Salt in small jars, Ketchup, Vinegar, and Oil; Anchory, Tomato, and Wor- cestershire Sauces. [Ex- clading Cinnamon, Cloves, 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.
Coppee Cash, Japanese,
MAY BE IMPORTED.
Free.
Ton
(100 catties] 0 1 0 0 0152
Free.
Cornelians
Cornices. See Articles de
Menage.
Cotton Cloth, Native. See
Nankeen,
Cotton Duck. See Can-
vas.
A
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 and
Plain, not exceeding| 36 ins. wide and not exceeding 40 yds. long EXCLUDING FOREIGN COT- TONS DYED IN CHINA. See Nankeen and Native Cotton Cloth.
Piece 0080
Every 10 yards.
Piece
"
"
"
0 0 20
0 1 0 0
0 0 7 5
0 0 8 0
0040
0 1 5 0
"
* On re-shipment, no matter whether for export or consumption on board the vessel in question, a Drawback
(or Exemption Certificate, if applied for) is granted. UNIVERSITY OF MICHIGAN
18
CUSTOMS TARIFF
NAME OF ARTICLE.
TABIFF UNIT and Duty.
Per
\T. m. c. c.
Cotton Piece Goods-cont.
ex-
Fancy White Brocades and White Spotted Shirtings, not 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
long
Piece
0 1 0 0
22
**
NAME OF ARTICLE.
Curiosities, Antiques...{
Excluding Curios, Presents, etc., when forming part of a traveller's Personal Bag- gage and not being carried in such quantity as to sug- gest a trading operation: Free. Curtains.
Ménage.
See Articles de
TARIFF UNIT and Duty,
Per \T. m. c. c.
5 per cent.
ad valorem
100 catties 0 18 0
Free.
0 0 7 0
Cutch Cutlery
Salt.
CUTTLE-FISH.
Damasks.
See Fish,
See Cotton
Piece Goods.
0 0 7 0
Dates, Black
100 catties 0 150
0 0 90
Dates, Red
Deer Horns. See Horns,
0 0 3 5
Deer.
See Sinews.
0 0 7 5
0 0 3 5
tionery.
Deer Sinews.
Despatch Boxes. See Sta-
Dimities. See Cotton Piece
Goods.
Dock Stores (under Special
Regulations)
NOT INCLUDING SHIPS' SIDE LIGHTS, NOT IM- PORTED FOK SPECIFIED VESSELS.
See Skins,
40 yds.
0 200
"
Doe Skins.
Doe.
Blood. Seel
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. long Handkerchiefs, not ex- ceeding 1 yd. square. Fustians, not exceeding 35 yds. long.......... Velveteens, not exceed-
ing 34 yds. long
Cotton Rags
Cotton, Raw
Cotton Seed Oil. See Oil. Cotton Thread
Cotton Yarn
Cow Rezoar [EXPORT
TARIFF
Cow Bezoar, Indian [IM- PORT TARIFF J.............................. Cow Hides. See Hides,
Buffalo
Crackers, Fireworks Crape, Silk. See Silk
Piece Goods.
Crockery, Foreign.
Glassware.
See
Crystalware. Sce Glass-
ware and Crystalware.
Cubebs....
"
0 0 6 5
""
0035
Dozen
Piece
0 0 2 5
0 200
0150 100 catties 0 0 4 5
0350
Dragon's
Gum, Dragon's Blood. Drills. See Cotton Piece
Goods.
Druggeling. Foreign
Excluding Chinese Druggets. Druggets. See Carpets. Duck, Cotton. See Can-
vas.
Dye, Green [Native: Lü-
kiao] Dyed Cottons. See Cot-
ton Piece Goods.
Ear-rings, Foreign. See
Jewellery, Foreign. Earthenware. See Pot-
tery.
Ebony. See Wood, Ebony.
**
07 20 0700
"
Eggs, Preserved.........
Catty
0 3 6 0
1 5 0 0
"
100 catties 0 5 0 0
1 5 0 0
22
See Vege-
tables.
CUMQUATS.
Free.
Catty
0800
Thousand 03 50
Elephants' Teeth, Broken 100 catties 3 0 0 0 Elephants' Teeth, Whole.
Embroideries, Silk.
Silk Piece Goods.
See
Essences, Flavouring. See
Confectionery.
False Pearls.
See Pearls,
Fancy Cottons. See Cot-
ton Piece Goods.
Fans, Feather.....
Fans, Palm-leaf, Trim-
med
Fans, Palm-leaf, Untrim-
med
Fans, Paper
4000
Hundred 0 7 50
Thousand 0 3 6 0
0 200
"
Hundred
0045
Per
Hundred
CUSTOMS TARIFF
NAME OF ANTICLE.
TARIFY UNIT and Duty.
{T. m. c. c.
Feathers,
Kingfishers',
Peacocks*
Felt Caps......
Felt Cuttings
Faders.
See Articles de
Ménage.
de Ménage.
Firewood
Kre-irons. See Articles
Fireworks. See Crackers. Fish, Dried. See Stock
Fish.
0400 1 2 5 0 100 catties 0 1 0 0
Free.
Fish, Salt.
100 catties 0 1 8 0
INCLUDING CUTTLE-PISH
Fish Maws
Fish Skins
1 0 0 0 0200
**
Flannel,
Kot including Sharks' Skins.
See Woollen
Manufactures.
Flints
Floss Silk. See Silk.
Flour..
Free.
Flowers, Artificial.
See
Artificial Flowers.
Fowling-pieces
Cannot be imported or exported except un- der Special Authority. Fox Skins. See Skins,
Fox.
Fragrant-wood.
Wood, Fragrant.
See
Fruits, Foreign. See Vege-
tables.
Fruits, Fresh and Preser-
d. See Vegetables.
30
0 0 3 0
Fungus, or Agaric... 100 catties C 6 0 0
Furniture of all kinds. See
Articles de Ménage.
Furnitures, Cotton. See
Cotton Piece Goois.
0100 0150
Fustians.
See Cotton
Piece Goods.
Galangal
"1
Gambier
"
Gamboge
1 0 0 0
*
Game, Tinned.
See Meats,
Preserved, Foreign.
Garlic
Garoo-wood. See Wood,
Garoo.
Gas Fittings. See Articles
de Ménage.
Gauze, Silk. See Silk
Piece Goods.
GIAR,SHIPS': Old Ropes, OLD SAILS, Old Spars -LANDED Under Per- XIT
GBAR, SHIPS': ANCHORS,
CHAINS, AND
METAL, WHEN
OLD
RI-
MOTED FROM A VES-
BEL NOT INTENDED
TO IS BROKEN UP
Ginghams. Ses Cotton
Fiece Goods.
NAME OF ARTICLE.
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 AB THOUGH IT WERE NATIVE PRoduce. Ginseng, American, Crude Ginseng, Corean or Japan, 1st Quality.i.e., VALUED at Tls. 5 AND OVER A
CATTY
Ginseng, Corean or Ja- pan, 2nd Quality, i.e.,
VALUED 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 CUT- TINGS AND Beard.
19
TARIFF UNIT AND DUTT.
Per
\T. m. c. c.
100 catties] 8 0 0 0
Catty
"
"
5 per cent.
Ginseng, Native......... ad valorem
Glass Bangles, or Arm-100 catties
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- ses, Looking-glasses and Mirrors; also Chinese Glass Beads and Glassware of all kinds].
Glass, Window
GLASS IMPORTED FOR THE USE OF CHURCHES IS LIABLE TO DUTY.
0 0 3 5
"
Glue
Free.
5 per cent. [ad_valorem
Dom by Google
Goats' Hair. See Hair,
Goats'.
Gold and Silver Bullion.
See Bullion.
Gold Thread, 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.
Cardamoms.
See
6 0 0 0
0500
0 3 5 0
0 0 5 0
"
0500 0500
""
0 500
Free.
Box 100 sq. ft.
0 150
100 catties 0 15 0
Catty
0 0 3 0
1 6 0 0
100 catties 0 1 0 0
20
CUSTOMS TARIFF
NAME OF ARTICLE.
TARIFF UNIT and Duty.
NAME OF ARTICLE.
TARIFF UNIT and Duty.
Per
\T. m. c. c.
Per
(T. m. c. c.
Hornware.
See Bone-
ware.
Grasscloth, Coarse (HAV-
ING 40 OR LESS
THREADS IN THE WARP
TO AN INCH). Grasscloth, Fine (HAVING
OVER 40 THREADS THE WARP TO AN INCH) Grates. See Articles de
Ménage.
IN
Green Alum. See Alum,
Green.
Green Dye.
See Dye,
Green.
Green Paint. See 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'
Hair-pins, Foreign.
Jewellery, Foreign. Hair Rugs. See Rugs. Hams
{
See
Handkerchiefs, Cotton.
See Cotton Piece Goods. Hare Skins. See Skins,
Hare.
Harness. See Articles de
100 catties 0 7 5 0
"J
2500
0 0 3 0 0 1 0 0
0600 060 0
"
045 0
29
0450
"
0450
100 catties 0 0 3 0
5 per cent.
ad valorem
100 catties] 0 18 0
Hosiery. See Clothing,
Foreign.
Household Stores, etc.
Articles not named in the
Tariff as dutiable, nor being|| articles, or one or more of a class of articles, specifically mentioned in the Duty free Lixt, 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 Baggage," 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.
See Metals.
Iron Hoops. See Me-
Iron Bars.
tals.
IRON HOOPS, OLD. See
Metals.
Iron, in Pigs. See Me-
Free.
100 catties 1 0 0 0
29
0 1 8 0
4 0 0 0
"
tals.
Iron, in Sheets. See Me-|
tals.
IRON NAILS.
See Metals.
0 5 5 0
IRON PANS.
See Metals.
"
Iron Rods.
See Metals,
Iron Wire.
See Metals.
Isinglass
Catty
0 6 5 0 0 150
Ivoryware
Jeans. See Cotton Piece
Goods.
Ménage.
Hartall, or Orpiment......
0 3 5 0
Jewellery, Foreign
"
Hemp
0 3 5 0
HEMP, RAW, Or China? 15 per cent.
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
ΤΟ COMPREHEND WILD
UNCLEANED HONEY.
Hoop Iron.
Horns, Buffalo
See Metals.
Horns, Deer [IMPORT TA-
RIFF]
Horns, Deer, Young [Ex-
PORT TARIFF]
Horns, Deer, Old [Ex-
PORT TARIFF]
Horns, Rhinoceros
29
0420
0900
0 250
0250
Pair
0900
"
|100 catties 1 3 5 0
"
2000
Including Foreign Shirt Studs, Sleeve Links, Watch Chains, Rings, Charme, Pencil Cases, Earrings, Necklet", Brooches, Bracelets, Lockets, Hair-pins, Scent Bottles. [Excluding Coral, Corne- lians, Bangles, Glass Boada, False Pearls, Goldware and Silverware.l Joists. See Timber. Joss-sticks
JUTE.... Kentledge. See Metals. Ketchup. See Confection-
ery.
Kingfishers' Feathers.
See Feathers. Kittysols, or Paper Um-
brellas
Kranjee-wood. See Wood,
Kranjee.
Free.
100 catties 0 2 0 0
0 200
Hundred
0 5 0 0 UNIVERSITY OF MICHIGAN
NAME OF ARTICLE.
Lacquer, Crude. Seel
Furnish.
Lacquered Ware Laka-wood. See Wood,
Laka.
Lampwicks
Lastings. See Woollen
Manufactures.
Lead, in Pigs.
See Me-
tals.
Metals.
Lead, in Sheets. Seel
Lead, Red (Minium)..
Lead, White (Ceruse)
Lead, Yellow (Massicot).
Leather
Leather Articles,
Pouches, Purses..............................
CUSTOMS TARIFF
TARIFF UNIT AND DUTY.
Per \T. m. c. c.
100 catties 1 0 0 0
"
0 6 0 0
0350
NAME OF ARTICLE.
OF ARRIVAL, i.e., on- GINAL PRICE plus EX- PENSES FOR COMMISSION, FREIGHT, AND OTHER CHARGES. IF THE EX- PENSES CANNOT BE AS- CERTAINED, 10 PER CENT. OF THE INVOICE PRICE ADDED TO THE LATTER
CONSTITUTE THE VALUE ON WHICH DUTY IS TO BE CHARGED.
Maizena. See Sago.
Mangrove Bark
Manure-cakes, or Pout-
drette
Marble Slabs
Marten Skins. See Skins,
Marten.
Massicot.
21
TARIFF UNIT and Duty.
Per
\T. m. c. c.
100 catties 0 0 3 0
JJ
0 3 5 0
J.
0350
04 20
JJ
As
See Lead,
1500
"
Yellow,
Leather, Green
1 8 0 0
Masts. See Timber.
LEATHER, STRIPS
or 5 per cent.
Hundred
Ass
ad valorem
Roll of
Leather Trunks. See
40 yds.
0090
0 200
Lichees......
Mats, of all kinds
Matting
Maws, Fish. See Fish
Maws.
Meal, Indian and Oat.
Preserved, For-
Trunks.
Lemonade.
See Wines.
Leopard
Skins. See
Skins, Leopard.
Meats,
100 catties 0 2 0 0
eign
5 per cent.
ad valorem
100 catties 0 270 0 500
LIGHTS, SHIPS' SIDE,
NOT IMPORTED FOR
SPECIFIED VESSELS
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.| Linen, Fine, as Irish or Scotch, not exceeding 50 yds, long.
Liqueurs. See Wines. Liquorice...
Lockets. See Jewellery,
Foreign.
Long Ells. See Woollen
Manufactures.
Looking-glasses. See Te-
lescopes.
Lotus-nuts.
Seeds.
See
Lily
Lucraban Seed
Lung-ngans
Lung-ngans without the
Stone
Lustres, See Woollen
and Cotton Mixtures.
Mace......
MACHINERY
Piece
0 200
0 500
100 catties 0 1 3 5
"
0035 0 250
0 3 5 0
1 0 0 0
5 per cent. Vad valorem
INCLUDING MACHINERY FOR
GOVELYKENT
Docks,
ÅRSENALS, ETC. DUTY
IS LEVIABLE ON THE COST
OF THE MAGHINEET AS
LAID DOWN AT ITS PORTĮ
·
Including Fish, Flesh, Fowl
Tinned Game of all kinds| Shell-fish, Patties, Sausages Caviare, Beef and Pork| in casks for Ships. [Ex- cluding Hams and Salt Fish.1
MEDICATED WINES......{
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,Į
as in Pigs....... Iron, Kentledge...... Iron Wire
INCLUDING TRUSSES TO
BIND SILK BALES, MANU-
FACTURED WHOLLY FROM IRON WIRE.
5
Free.
"
per cent. |ad valorem
Free.
0 2 0 0
0 200
100 catties 0 1 0 0
1 5 0 0
J
1 0 0 0
"
0 9 0 0 0600
བ 2
-
J
བ བ བ
"
¡not
• If in ronownabio quantities, when declared to be for the personal use of the appliqui andimpf for pale.
Digitized by
Oogle
0 1 2 5
0075
0 0 1 0
0 250
22
CUSTOMS TARIFF
NAME OF ARTICLE.
Per
TARIFF UNIT and Duty.
\T. m. c. c.
NAME OF ARTICLE.
TARIFF UNIT AND DUTY.
Metals-cont.
IRON PANS OF FOR-
Musk Muskets.
Per Catty
\T. m. c. c.
0900
Cannot
be imported
EIGN ORIGIN OR OF CHINESE
ORIGIN
5 per cent.
ad valorem
J
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
THE
WHEN SHIPPED COASTWISE
TO BE EXEMPT AT PORT OF SHIPMENT AND TO DE CHARGED 5 PER 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
Tin
YUNNAN
ΤΙΝ MAY BE PASSED COASTWINE AT HALF THE TARIFF 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.
Mineral Water. See Wines.
Minium. See Lead, Red.) Mirrors. See Telescopes. Mother-o'-pearl Shell Mother-o'-pearl Ware Munitions of War.
Cannot be imported or exported except| under Special Autho- rity.
Mushrooms
Music. See Articles de
Ménage.
Musical Bores..............
Musical Instruments.
Articles de Ménage.
• Ad interim.
22
100 catties 0 2 5 0
"
22
"
JI
5 per cent.
ad valorem.*
100 catties
0 5 5 0
2000
0 250
0250
1 2 5 0
0 4 0 0
0200
Catty 0100
100 catties 1500
{
15
per cent. [ad valorem
See
or exported except under Special Autho-
rity.
Muslins.
See Cottons.
Mussels, Dried
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.
Necklets. See Jewellery.
Foreign.
Newspapers, Chinese Nutgalls Nutmegs
Oil, as Benn, 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.
Oiled Paper
Olibanum. See Gum Oli-
banum.
Olive Seeds
Olives, Unpickled, Salted,
or Pickled.
Opera Glasses. See Teles-
copes.
OгIUM, FOREIGNT
Under Special Regula-
tions.
OPIUM, BOILED OR PRE-
PARED
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.
Packing Twine. See Sta-
tionery.
Paddy. See Rice. Paint, Green
100 catties 0 2 0 0
1 5 0 0
"
Free.
100 catties 0 5 0 0
>
"
2 500
0300
0 45 0
"
0 3 0 0
0 18 0
JJ
Tls. 110.00
137.50§
"
0090
0 450
Paintings. See Pictures,
"
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. 30.0.0.0 Tariff Duty, Tls. 80.0.0.0 Likin.
§ Tls. 37.5.0.0 Tariff Duty, Tls. 100.0.0.0, Likin.
gr-11yGoogle
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.
2 7 5 0
Per
\T. m. c. c.
PIPES,
Palm-leaf Fans. See Fans,
Palm leaf.
PANS, IRON. See Metals. Paper. See Stationery. Paper, 1st Quality
INCLUDING WEISING LOT- TERY Books AND ALL CHINESE Books, WITH THE EXCEPTION OF BOOKS EITHER OFFICIALLY PRO- VIDED OB PURCHASED FOR CHINESE PUBLIC INSTITUTIONS. Books CIRCULATED BY MISSION- ABIES OR DEALT IN BY ORDINARY
BOOKSELLERS
CHINESE
ARE ΤΟ
PAY DUTY. Chinese News-
papers: Free.
Paper, 2nd Quality
100 catties 0 7 0 0
0 4 0 0
PAPER, BLACK TINSEL.
5 per cent.
ad valorem|
Paper, Oiled.
See Oiled
Paper.
Paper Umbrellas.
See
Kittysols.
Pastry. See Confectionery.
Patties. See Meats.
Peacocks' Feathers.
Feathers.
PRABL BARLEY
See
WHITE METAL INFERIOR). See Cop- perware and Pewter-
ware. Pistols.
Cannot be imported| or 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 Tl 1 To Tl. 1.50 PEB| PICUL EXPORTED FROM PAKHOI ; BUT NOT IN- CLUDING SWATOW NATIVE CHINA-WARE.
Pouches, Leather.
See
Free.
100 catties 0 0 5 0
Pearls, False
Peas. See Beans,
Peel, Orange
Peel, Pumelo, 1st Quality
Peel, Pumelo, 2nd Quality
Pencil Cases.
lery, Foreign.
See Jewel-
Pencils, Foreign. See Sta-
tionery.
Pens, Foreign. See Sta-
Pepper, Black...
Pepper, White
Pepper, Foreign. See Con-
fectionery.
Peppermint Leaf
tionery.
Poudrette. See Manure-
100 catties 2 0 0 0
Leather Articles.
"
0300 0450
cakes.
0 15 0
Prawns, Dried
""
0 3 6 0 0500
"
Presents. See Curiosities. Preserves, Comfits, and
Sweetmeats.....
Printed Cottons. See Cot-
ton Piece Goods.
Printing Presses. See Sta-
tionery.
Pumelo Peel. See Peel,
Pumelo.
PUMELOES. See Vegetables
Leather Articles. Putchuck
0 1 0 0
Purses, Leather.
"1
Peppermint Oil
3500
..
Perfumery....
Free.
Excluding Musk.
See
"
Personal Baggage.
Household Stores
Pewterware. See Copper-
ware.
Photographic Apparatus.
See Medicines.
Photographic Chemicals.
See Medicines.
Pickled Olives. See Olives. Pickles. See Fegetables.
Pictures and Paintings... Each Pictures on Pith or Rice
Paper
Pig Iron. See Metals. Piles. See Timber.
PINEAPPLES. See Vege-
tables. Pipes. See Cigars.
0 1 0 0
Hundred 0 1 0 0
Dignizant in Google
See
Quicksilver. See Metals.
Quiltings. See Cotton
Piece Goods.
Quilts, Cotton. See Pa-
lampore.
Rabbit Skins. See Skins,
Rabbit.
Racoon Skins. See Skins,
Racoon.
Rags, Cotton. See Cot-
ton Rags.
Raisins. See Vegetables. Raspberry Vinegar.
Wines.
Rattans
Rattans, Split.. Rattanware
See
Red Tape. See Stationery.Į Red-wood. SeeWood, Red.
0 3 6 0
J
0 5 0 0
"
0 6 0 0
"
"
29
*
0 15 0 0250 0 3 0 0
24
NAME CF ARTICLE.
CUSTOMS TARIFF
TARIFF UNIT AND DUTY.
Per T. m. c .c.
NAME OF ARTICLE.
TARIFF UNIT and Duty.
Per
T. 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
ог
5 per cent.
ad valorem optional.
Millet, & other Grains 100 catties 0 1 0 0
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 Yangtszej Ports by river_sten- 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.
Rose Maloes
Rugs, of Hair or Skin
SATINET, OR FRENCH SATEEN, WITH A COт- 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 Oyster
Shell.
Seahorse Teeth........
Seaweed
PERIOR....
5 per cent. [ad valorem
100 catties 2000
Sealing Wax.
See Sta-
tionery,
Seasonings.
See Confec-
tionery.
J
0 1 5 0
SEAWEED, RUSSIAN, SU-
JJ
0 150
SEAWEED, RUSSIAN, IN-
"
0100
See Wines.
"2
Sharks' Fins, Black.
0135 0 5 0 0
FIED
ad valorem
Sharks' Fins, White........
Sharks' Skins...
[100 catties Hundred
1 500 2000
FERIOR......
Seltzer Water.
Sesamum Seed........
SHARKS' FINS, CLARI-75 per cent.
1 0 0 0
Shell-fish,
"
Each
0 0 90
Meats.
Saddlery. See Articles de
Ménage.
Ménage.
Sago
Including Arrow-root, Corn-
flour, Maizena.
Free.
Safes. See Articles del
Salt..
Trade in, prohibited.
Salt Fish. See Fish, Salt.
Salted Olives. See Olives. Salt, Table. See Confec-
tionery. Saltpetre....
Cannot be imported or-j
exported except un. der Special Authority Samples and Musters of Goods for sale, in reason- able quantilies
EXCESS OF REASONABLE QUANTITY TO PAY TARIFF DUTY.
Samshu
INCLUDING JAPANESE WINE. See Winer, Fo- reign.
100 catties 0 5 0 0
Free.
100 catties 0 1 5 0
Sandalwood...
Sandalwoodware..
Sapanwood ....
Catty 100 catties
Satin.See Silk Piece Goods
0400 0 1 0 0 0 1 0 0
Shawls, Silk. See Silk
Piece Goods.
Tinned. Seel
Ships' Stores. See House-
hold Stores......
Shirtings.
See Cotton
Piece Goods.
SHIRTINGS DYED IN CHINA.
See Nankeen and Native Cotton Cloths. Shirtings, Spotted. See
Cotton Piece Goods. 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.... Silk:-
Raw and Thrown...... Yellow, from Szechuen, Reeled from Dupions... Wild Raw....
Refuse
Cocoons
15
Free.
100 pairs 3 000
"
0 18 0
per cent. ad valorem
|100 catties|10 0 0 0
J9
7000
JD
5000
"
2500
1000
3000
CUSTOMS TARIFF
NAX OF ARTICLE.
TARIFF UNIT AND DUTY,
Per T. m. c. c.
NAME OF ARTICLE.
25
Per
TARIFF UNIT AND DUTY.
\T. m. c. c.
Silk:-continued.
COCOONS, REFUSE.... {
LL
COCOONSKINS (SHE Floss, Canton..... Floss, from other pro-
vinces.....
Ribbons and Thread.... RIBBONS, INTERWOVEN WITH IMITATION GOLD OR SILVER THREAD. See RIB- BONS, SILK, etc. F'iece Goods, viz., Pon- gees, Shawls, Scarves, Crape, Satin, Gauze,
Velvet, and Embroi-
dered Goods.......
Piece Goods--Szechuen,
Shantung..
Tassels
Caps.
5 per cent. [ad valorem
"
100 catties 4 3 0 0
A A
10 0 0 0
10 0 0 0
12 0 0
"
J
4500
**
10 0 0 0
Hundred
0900
5 5 0 0
Silk and Cotton Mixtures 100 catties
NOT INCLUDING FRENCH
SATEEN OR SATINET.
Silk and Linen Mixtures.
See Linen.
Silver Thread, Imitation.
Silver Thread, Real........
Catty
0 0 3 0
1 3 0 0
""
Presses. Printing Presses, Type, Despatch Bores, Red Tape, Portfolios, Packing Twine. [Excluding Chinese Paper, Indian Ink, and CHINESE BOoks.]
Steel. See Metals. Stick lac.......
Stock-fish
Including Dried Fish. Stoves. Sce Articles de
Ménage.
Straw Braid........
Straw Shoes. 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. Sec
Medicines. Sweetmeats.
serves.
Free.
100 catties 0 3 0 0 0500
JJ
0 7 0 0
0 120
27
0 2 50
"
0200
0 200
See Pre-
Silverware and Goldware. 100 catties 10 0 0 0
Sinews, Buffalo and Deer.
Skin Rugs. See Rugs.
Skins, Beaver..............
Skins, Doe. Hare, and
Rabbit..
Skins, Fox, Large.
0 5 5 0
DJ
Tallow, Animal................ Tallow, Vegetable....
Hundred
50 v0
Tassels, Silk.
See Silk
0500
""
Each
Skins, For, Small
0 150 0 0 7 5
Skins, Land Otter...
Hundred
Skins, Marten....
Each
2000 U 1 5 0
TEA, BRICK
Tassels.
T-Cloths. See Cotton Piece
Goods.
Tea, Black and Green......
NO TRANSIT DUES ARE TO
BE LEVIED
ON BRICK
Skins, Raroon
Hundred
2000
TEA MADE
FROM Hua-
Skins, Sea Otter..
Each
1 5 0 0
Skins, Squirrel.
Hundred
Skins, Tiger and Leopard
Each
0500 0150
Sleeve Links.
See Jewel-
lery, Foreign.
Smalt...
Sanf, Native
27
Snuff, Foreign... Soap, Foreign...
SOAP, CHINESE
Soda-water. See Wines. Soy...
Spanish Stripes. See Wool-
len Manufactures.
Spars.
See Timber.
Spelter. See Metals.
Spices. See Confectionery.
100 catties 1 500 0800 7 200
"
Free.
15 per cent.
ad valorem
100 catties 0 4 0 0
Spirits. See Wine.
Free.
Spy Glasses. See Teles-
copes.
Squirrel Skins. See Skins,
Squirrel.
Stationery, Foreign.......... Including Pens, Pencils, Ink, Paper Blotting Paper, Gum, Bealing Was, Copying
Free.
hsiang-ch'a-mo, BOUGHT IN HANKOW, AT TIME OF EXPORT FROM HANKOW.
EXCEED-
TEA DUST, NOT
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. Tis 10 PER PICUL IN VA- LUE, TO PAY as Tea. TEA, LOG; VARIETIES: CHIEN LIANG...............
A A
0 200 0300
27
2500
J
0 6 0 0
1 2 5 0
"
PAI-LIANG KUNG-CHIEN PAI-LIANG TIEN-CHIEN
0 5 0 0 0800
"
1 0 0 0
"
1 2 5 0
5 per cent.
PAI-LIANG CHING-CHIEN TEA-CHESTS, OR MATE-
RIALS
FOR MAKING TEA-CHESTS........... Tea-chests, or Materials for making Tea-chests, ex- ported to another Treaty Port for use in packing Tea
ad valorem]
Free.
Googl
26
CUSTOMS TARIFF
NAME OF ARTICLE.
TEA-BOX
BOARDS.
TARIFF UNIT AND DUTY.
Per
T.m.c.
See
WOOD BOARDS, TEA-
Tea Oil. See Oil.
Box.
Teak-wood. See Timber.
Telegraph Material for Chi-
nese Government
graphs........
EXCLUDING
Tele-
Free.
TELEGRAPH
MATERIAL FOR OTHER THAN CHINESE GOVERN- MENT TELEGRAPHS.
Telescopes, Spy and Opera Glasses, Look- ing-glasses and Mir-
Fors
Thread, Cotton. See Cot-
ton Thread.
Thread, Gold. See Gold
Thread.
Thread, Silk. See Silk
Thread.
Tiger Skins.
See Skins,
Tigers' Bones.....
Tiger.
Timber :-
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.....
5 per cent. ad valorem
100 catties 1 5 5 0
Each
4000
NAME OF ARTICLE.
TARIFF UNIT and DUTY.
Per
Each
T. m. c. c.
0030
Timber-cont.
Piles, Poles, and Joists. To COMPREHEND SOFT- WOOD POLES OF ANY LENGTH.
Tin. See Metals.
Tinder...
Tin-foil.
See Meats.
Tinned Meats. Tinplates. See Metals. TINSEL PAPER, BLACK..
Tobacco, Foreign.................
100 catties 0 3 5 0
"
5 per cent. Vad valorem
Free.
EXCLUDING JAPANESE To- BACCO. See Tobacco, Prepared. Tobacco, Leaf. Tobacco, Prepared......................... Excluding Foreign_Tobacco,
BUT INCLUDING JAPANESE TOBACCO, except when im- ported by Japanese officials. or merchants, for pricute use, up to 40 catties at a time. Tortoise-shell
1 2 50
100 catties 0 1 5 0 450
Catty
+
0 2 5 0 0 0 7 2
"
0200
Tortoise-shell, Broken Tortoiseshellware Trunks, Leather TRUSSES, METAL. See
Metals, Iron Metals, TRUSSES.
6 0 0 0
Turmeric
+
10 0 0
99
2000
450
"
5 per cent. [ad valorem or Tariff Duty, optional.
5 per cent. lad valorem
6 5 0 0
0 1 5 0
Hundred 3 5 0 0
{5 per cent.
2000
ad valorem
Cubic foot' 0 0 35
Turnips, Salted
Wire;
Twine, Hemp, Canton
Twine, Hemp, Soochow... Type. See Stationery. Umbrellas
Umbrellas, Paper. See
Kittysols.
UNION CLOTH. See Wool-
len
Manufactures :
Spanish Stripes, In- ferior.
100 catties 1 5 0 0
39
0100
0180
0150
0500
Each
0 0 35
1
Varnish, or Crude Lacquer 100 catties 0 500 Vegetables, Preserved, Fo-
reign
Including Foreign Fruits, Fresh and Preserved, Pick- les, Chutneys, Raisins, Chi- neve Fresh Vegetables and Fresh Fruits.[Excluding Olives, Dates, Almonds, Chestnuts, Ground-nuts, Lichees, Lung-ngans, Gar- lic, Melon Seeds, Mush- rooms, Fungus, Salted Tur- mps, ÜRANGES, Cumquat8, CITRONS, PUMELOES,| COCOA-NUTS, AND PINK- APPLES.]
Velvets. See 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 GRAB, SHIPS'.
Free.
Piece 0180
100 catties 0 18 0 2500
riginal from UNIVERSITY OF MICHIGAN
32
Free.
CUSTOMS TARIFF
27
NAME OF ARTICLE.
TARIFY UNIt and Duty
NAME OF ARTICLE.
TARIFF UNIT and Duty,
Per \T. m. c. c.
ad valorem
Per \T. m. c. c. 100 catties 0 1 4 5 0 1 1 5
"
VESSELS WRECKED, MA- 5 per cent.
TIRIALS FROM
If wrecked in port: Free of Import Duty, but liable to Export and Coast Trade Daty.
Vesela wrecked within the harbour limits, export cargo relanded
Finegar. See Confectionery. Vitrified Ware. See Glass-
ware.
Watch Chains, Foreign. See
Jewellery, Foreign.
WATCHES
Watches......
Watches, émaillées
perles
War, Bees'. See Bees-
war.
War, Japan..
War, White, or Insect... WEISING LOTTERY BOOKS. Sea Paper, 1st Quality. Wheat. See Rice. White Wax. See War,
White.
Window Glass. See Glass,
Window.
Wines, Foreign
Including Beer, Spirits, Fo-
reign Bitters, Liqueurs, Cor- dials, Raspberry Vinegar, Soda, Seltzer, and Mixeral Waters, Lemonade, etc. [Excluding Barnshu and Chinese Wine;
ALSO JA-
PAXESH Wing, except when imported by Japanese offi cials or merchants, for pri- cafe use, up to 200 calties at a time.]
WINES, MEDICATED...
Wood, Cainagon
Wood, Ebony.
Wood, Fragrant..
Wood, Garoo......
Wood, Kranjee, 35ft. long.
1 ft. 8 ins. wide, and
1 ft. thick................
Free.
Wood, Laka....... Wood, Red..... WOOD BOARDS, TEA-
BOX, IF EXPORTED TO A FOREIGN COUNTRY. Wood, Oil. See Oil. Wood, Piles, Poles, and Joists. See Timber, Piles, etc. Woodware..
WOOL, CAMELS"..............................
5 per cent. [ad valorem
100 catties 1 1 5 0 0 3 5 0
5 per cent. | ad valorem|
Woollen and Cotton Mix-
Wool........
5 per cent.
ad valorem
tures, viz., Lustres,
or Tariff
Plain and Brocaded,
Duty, optional. Pair
not exceeding 31 yds. long..
Piece
0 200
1 0 0 0
Pair
0 200
4 5 0 0
100 catties 0 6 5 0 1 5 0 0
Ꭻ
Free.
5 per cent.
ad valorem
[100 catties 0 0 3 0
29
0150
0450
"
D
2000
Each
0800
Woollen Manufactures*
Blankets..
Broadcloth and Spanish Stripes, Habit and Medium Cloth, 51 to 64 ins. wide........ Long Ells, 31 ins. wide Camlets, English, 31
ins. wide... Camlets, Dutch, 33 ins.
wide..
Camlets, Imitation, and
Bombazettes.. Cassimeres, Flannel, & Narrow Cloth....... Lastings, 31 ins. 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.
Chang
0120
0045
0050
0 1 0 0
0 0 3 5
004 0 0 0 5 0
0 0 3 5
"
Piece
0 200
Chang
0 1 0 0
100 catties
3 0 0 0
* Proportionate Duty is TO BE CHARGED ON EXTRA WIDTH IN WOOLLENS. UNIVERSITY OF MICHIGAN
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 amount 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, towling-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-turee 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
Dynewby
* 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 the vessel importing it liable to tonnage dues.
4.- The export of pulse and beancake from Tung-chau and Newchwang, under the British flag, is prohibited. From any other of the ports they may be shipped, on payment of the tariff duty, to other ports of Chins, 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.
BULE VI.-Liability of Vessels entering Ports. To the prevention of misunder- standing, it is agreed that 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 II 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 Consulate, Shanghai, 24th March, 1882.
Article IV. of Eule No. 5 appended to the Tariff of 1858 is rescinded. Pulse and bean-cake may be henceforth exported from Tungchow and Newchwang, and from all other ports in China 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 Tarif duty at the port of shipment, and dis- charged at any Chinese port on payment of half-duty, with power to claim drawback of the half-duty if re-exported.
By order, WALTER H, MIDHURST, Consul.
Bytes by
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 thereon 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 a part 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-taze-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.8.)
SIGNATURES OF FIVE CHINESE PLENIPOTENTIARIES.
* See Chefoo Convention, Section III, Article IV.
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 Superintendent 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 committed, 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 or goods ought to be confiscated, the merchant will not have the right of appeal; and 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 1985 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.
www
RULE VI. When the act of which a merchant at any 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 Commissioner 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 released, 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. Pending their decision, the owner of the property must file a bond in the Consular Court to the full value of the pro- posed fine, which will be sent to the Custom House authorities by the Consul, and the goods or ship will be released.
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 to 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-inoney. 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.
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Google UNIVERSITY OF MICHIGAN
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 Chihl,f 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 Goveri ments; thirdly, the adoption of a uniform system in -atisiaction of the understanding arrived at in the month of September, 1875 (8th moon 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 Tho nas Wade has referred himself in discussions on these questions with the Tsung-li Yamên, further reference to which is here omitted as superfluous. The coulitions now agreed to between Sir Thomas Wade and the Grand Secretary are as follow:
SECTION I-Settlement of the Yunnan 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 Memoria! having been presented to the Throne, and the Imperial Decree in reply received, the Tsung-li Yamen will communicate copies of the Memorial and Imperial decree of Sir Thom 18 Wade, together with copy of a letter from the Tsung-li Yamên to the Provincial Governments, instructing them to issue a proclaina- tion that shall embody at leng: h 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 bigh 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 Yunnan, to select a competent officer of rank to confer with them and to conclude a satisfactory arrangement.
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8 UNIVERSITY OF MICHIGAN
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 Yünnan, 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 of 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 Yunnan, 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 tacls, 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 this Government. The text of the Imperial letter is also to be communicated to Sir Thomas Wade by the Tsung-li Yaшên.
SECTION II.-Official Intercourse.
Under this healing are included the conditions of intercourse between high officers in the capital and the provinces, and between Consular officers and Chinese officials at the p rts; 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 hinese 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 R presentatives to consider with them a code of e'iquette, 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 Bri ish Tr aty of 1858, Article XVI., lays down that "Chinese subjects who may b guilty of any criminal act toward British subjects shall be arrested and punished by Chiu se authorities according to the laws of China.
"Bitish su jec s who may commit auy crime in China shall be tried and punished by the Consul, or any other public func ionary authorised thereto, according to the laws of Great Britain.
"Justice shall be equitably and impartially adininistered on both sides."
The words "functionary authorised there:o" 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 measures 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 open ports, the British Minister shall be free to send officers to the spot to be present at the investigation.
To the prevention of misunderstanding on this point, Sir Thomas Wale 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 judicia. 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 procee lings in the interest of just ce. 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 1:w 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 fol.owed by the offic. rs of either nationality.
SECTION III.-Trade.
1. With reference to the area within which, according to the treaties in force, lekin ought not to be collected on foreign gods at the open ports, Sir Thomas Wade agr es to move his Government to allow the ground rented by foreigners (the so-called Concessions) at the different ports, t› 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; Wèu-chow. in Che-kiang; and Pe -hai (Pak-hoi), in Kwang-tung to be added to the number of ports op n to trade an to become Consular statious. The British Gov rnment, will farther, be free to send officers to reside at Ch'ung-k'ing to watch the conditions of British trade in Szechuen; British merchants will not be allowed to reside at Ch'ung-k'ing, or to open esta lish- men s or warehouses there, so long as no ste..mers have access to the port. When steamers have succeedel 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 Na-Ching in the province of An- hui; Ho-Kou. in Kiang-si; Wu-suëh, 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 goods, steamers hall 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.
Produc accompanied by a half-duty certificate may be hipped at such points by the seamers, but may not be landed by them for sale. And at all such points, except in the case 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 collecte i on all goods whitever by the native authorities. Fore eign merchants will not be authorise 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 sale for it. The importer will then pay the tariff duty upon it,
2*
36
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.
4.-The Chinese Government agree that Transit Duty Certificates shall be framed under one rule at all ports, no difference being made 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 intended 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 not 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. The 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 Tarif 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 Colony, the Chinese Government agrees to the appointment of a Commission, to consist of a British Con-ul, an officer of the Hongkong Government, and a Chinese official of equal rank, in order to the establishment or 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 y way Peking through Kan-sn and Koko-Nor, or by way of Ssu-chuen, to Thibet, and th nce to India, the Tsung-li Yamên, having due regard to the circumsta, will, when the time arrives, issue the necessary passports, and will address letters to the high provincial authorities and to the Residen: 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 circumstance s, 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 San-tung, this Thirteenth Day of September. in the year of Our Lord One Thousand Eight Hundred and Seventy-six.
THOMAS FRANCIS WADE.
[L.S.]
[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
$7
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 on 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 Chefoo Agreement, it is agreed that they shall be reserved for further consideration between the two Governments.
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 Customs 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 assorte l sizes as he may select from such sizes as shall have been agreed upon by the Customs authorities and British Consul 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 efficed or tampered with.
Such certificates shall have validity only in the hands of Chinese subjects, and shall not entitle 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.
66
"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.
No.
"Mark,
X
"Port of entry,
"Date
00 packages
"2
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 foreign 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 binaing 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 to 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 the regulations attached to the Treaty of Tientsin shall revive.
8.-The High Contracting Parties may, by common consent, adopt any modifiea- 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 Hongkon; shall be appointed as soon as 10∙sible.
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 possible.
In witness whereof the Undersigned, duly authorized thereto by their respect ve Governments, have sigued 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 day of the sixth moon in the eleventh year of the reign of Kwang-su.
(L.B.) (L.S.)
SALISBURY.
TSENG.
The Marquis Tseng to the Marquis of Salisbury.
Chinese Legation, London, 18th July, 1885. My Lord-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 this 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 comform 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 coutrol, 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 conditions 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 O, ium 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, and 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 cargoe trading between Chinese ports and Macao, and that no dues whatsoever shall be demanded from junks coming to Hongk ng from port 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 wade by the juuks trading with Hongkong against the Native Customs Revenue S'ations or Crui ers in the neighbourhood, and that the Governor of Hongkong, if he deems it advisa'le, shall be eutitled to send a Hongkong Officer to be present at and assist in the investigation and decision.
If, howeve, they do not agree a reference may be made to the Authorities at Peking for jo nt 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 he Chinese Government sball 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.
Signed in triplicate at Hongkong, this 11th day of September, 1886.
* See Ordinance 22 of 817.
† A modißestion allowing export in smaller quantities than one oheat was subsequently agreed. UNIVERSITY OF MICHIGAN
THE CHUNGKING AGREEMENT
ADDITIONAL ARTICLE TO THE AGREEMENT BETWEEN GREAT BRITAIN AND CHINA OF SEPTEMBER 13тH, 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.-Merchandise conveyed between Ichang and Chungking by the above class of vessels shall be placed on the same footing as merchandise 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 Ichaug 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 Yangtze 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
even when the latter may be entitled to carry the British flag, to 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 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 Chine-e is strictly prohibited. Infringement of these Regulations will, in the first instance, render the offender liable to the penalties in force at the ports hit her to opened under Treaty, 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
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THE THIBET-SIKKIM CONVENTION
41
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 ou the date at which such exchange takes place.
Done at Peking in triplicate (three in English and three in Chinese), this thirty-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 Hsu.
(L.8.)
JOHN WALSHAM.
(L.8.)
SIGNATURE OF CHINESE PLENIPOTENTIARY.
THE THIBET-SIKKIM CONVENTION
SIGNED AT CALCUTTA, 17TH MARCH, 1890 Ratified at London, 17th August, 1890
Art. I. The boundary of Sikkim and Thibet shall be the crest of the mountain range separating the waters flowing into the Sikkim Teesta and its affluents from the waters flowing into the Thibetan Machu and northwards into other rivers of Thibet. The line commences at Mount Gipmochi on the Bhutan frontier, and follows the above-mentioned water-parting to the point where it meets Nepaul territory.
Art. II.-It is admitted that the British Government, whose protectorate over the Sikkim State is hereby recognised, has direct and exclusive control over the internal administration and foreign relations of that State, and except through and with the permission of the British Government neither the ruler of the State nor any of its officers shall have official relations of any kind, formal or informal, with any other country.
Art. III.-The Government of Great Britain and Ireland and the Government of China engage reciprocally to respect the boundary as defined in Article I. and to prevent acts of aggression from their respective sides of the frontier.
Art. IV. The question of providing increased facilities for trade across the Sikkim-Thibet frontier will hereafter be discussed with a view to a mutually satisfactory arrangement by the high contracting powers.
Art. V.-The question of pasturage on the Sikkim side of the frontier is reserved for further examination and future adjustment.
Art. VI.-The high contracting powers reserve for discussion and arrangement, the method in which official communications between the British authorities in India and the authorities in Thibet shall be conducted.
Art. VII.--Two Joint Commissioners shall within six months from the ratifica- tion of this Convention be appointed, one by the British Government in India, the other by the Chinese Resident in Thibet. The said Commissioners shall meet and discuss the questions which by the last three preceding articles have been reserved.
Art. VIII.-The present Convention shall be ratified, and the ratifications shall be exchanged in London, as soon as possible after the date of the signature thereof.
THE BURMAH CONVENTION
Signed at PEKING, 4TH FEBRUARY, 1897
In consideration of the Government of Great Britain consenting to waive its objections to the alienation by China, by the Convention with France of June 20th, 1895, of territory forming a portion of Kiang Hung, in derogation of the provisions UNIVERSITY OF MICHIGAN
42
THE BURMAH CONVENTION
of the Convention between Great Britain and China of March 1st, 1894, it has been agreed between the Governments of Great Britain and China that the following additions and alterations shall be made in the last named Convention, hereinafter referred to as the Original Convention.
(Articles I. to XI. refer to the Burmah Frontier.)
Art. XII.-Add as follows:-The Chinese Government agree hereafter to consider whether the conditions of trade justify the construction of railways in Yunnan, and in the event of their construction, agrees to connect them with the Burmese lines.
Art. XIII.-Whereas by the Original Convention it was agreed that China might appoint a Consul in Burma to reside at Rangoon, and that Great Britain might appoint a Consul to reside at Manwyne, and that the Consul of the two Governments should each within the territories of the other enjoy the same privileges and immunities as the Consuls of the most favoured nation, and further that in proportion as the commerce between Burma and China increased, additional Consuls might be appointed by mutual consent to reside at such places in Burma and Yunnan as the requirements of trade might seem to demand.
It has now been agreed that the Government of Great Britain may station a Consul at Momein or Shunning Fu as the Government of Great Britain may prefer, instead of at Manwyne as stipulated in the Original Convention, and also to station a Consul at Szumao.
British subjects and persons under British protection may establish themselves and trade at these places under the same conditions as at the Treaty Ports in China.
The Consuls appointed as above shall be on the same footing as regards correspondence and intercourse with Chinese officials as the British Consuls at the Treaty Ports.
•
Art XIV. Instead of "Her Britannic Majesty's Consul at Manwyne" in the Original Convention read "Her Britannic Majesty's Cnsul at Shunning or Momein,'" in accordance with the change made in article XIII.
Art. XV.-No addition to Original Convention. Art. XVI.-No addition to Original Convention. Art. XVII.-No addition to Original Couvention. Art. XVIII.-No addition to Original Convention.
Art. XIX. Add as follows:-Failing agreement as to the terms of revision, the present arrangement shall remain in force.
SPECIAL ARTICLE.
Whereas on the twentieth day of January one thousand eight hundred and ninety-six the Tsung-li Yamén addressed an official despatch to Her Majesty's Chargé d'Affaire at Peking, informing him that on the thirtieth day of December one thousand eight hundred and ninety-five they had sub:oitted a Memorial respecting the opening of ports on the West River to foreign trade, and had received an Imperial Decree in approval of which they officially communicated a copy.
It has now been agreed that the following places, namely, Wuchow Fu in Kwangsi, and Samshui city and Bongkun Market in Kwangtung, shall be opened as Treaty Ports and Consular Stations with freedon of navigation for steamers between Samshui and Wuchow and Hongkong and Canton by a route from each of these latter places to be selected and notified in advance by the Maritime Customs, and that the following lour places shall be established as ports of call for goods and passengers under the same regulations as the ports of call on the Yangtze River, namely, Kongmoon, Komchuk, Shiuhing and Takhing.
It is agreed that the present Agreement together with the Special Article shall come into force within four months of the date of signature, and that the ratifications thereof shall be exchanged at Peking as soon as possible.
KOWLOON EXTENSION AGREEMENT
In witness where of the undersigned duly authorised thereto by their respective Governments have signed the present agreement.
Done at Peking in triplicate (three copies in English and three in Chinese) the fourth day of February in the Year of Our Lord one thousand eight hundred and ninety-seven.
(Sd.) CLAUDE M. MACDONALD. (Hieroglyphic) LI HUNG-CHANG.
(Sral) (Seal)
KOWLOON EXTENSION AGREEMENT
Whereas it has for many years past been recognised that an extension of Hong- kong territory is necessary for the proper defence and protection of the colony.
It has now been agreed between the Governments of Great Britain and China that the limits of British territory shall be enlarged under lease to the extent indicated generally on the annexed map.
The exact boundaries shall be hereafter fixed wher proper surveys have been made by officials appointed by the two Governments. The term of this lease shall be ninety-nine years.
It is at the same time agreed that within the City of Kowloon the Chinese officials now stationed there shall continue to exercise jurisdiction, except so far as may be inconsistent with the military requirements for the defence of Hongkong. Within the remainder of the newly-leased territory Great Britain shall have sole jurisdiction. Chinese officials and people shall be allowed, as heretofore, to use the road from Kowloon to Hsinan.
It is further agreed that the existing landing-place near Kowloon city shall be reserved for the convenience of Chinese men-of-war, merchant and passengers vessels, which may come and go and lie there at their pleasure; and for the couvenience of movement of the officials and people within the city.
When, hereafter, China constructs a railway to the boundary of the Kowloon territory under British control, arrangements shall be discu sed.
It is further understood that there will be no expropriation or expulsion of the inhabitants of t..e district included within the extension, and that if land is required for public offices, fortifications, or the like official purposes, is shall be bought at a fair price.
If cases of extradition of criminals occur they shall be dealt with in accordance with te existing treaties between Great Britain and China and the Hongkong Regulations.
The area leased by Great Britain, as shown on the annexed map, includes the waters of Mirs Bay and Deep Bay, but it is agreed that Chinese vessels of war, whether neutral or otherwise, shall retain the right to use those waters.
Tho Convention shall come into force on the first day of July, eighteen hundred and ninety-eight being the thirteenth day of the fifth moon of the twenty-fourth year of Kwang Hsü. It shall be ratified by the Sovereigns of the two countries, and the ratifications shall be exchanged in London as soon as possible.
In witness whereof the undersigned, duly authorised thereto by their respective Governments; have signed the present agreement.
Done at Peking in quadruplicate (four copies in English and in Chinese) the ninth day of June, in the year of Our Lord eighteen hundred and ninety-eight, being the twenty-first day of the fourth moon of the twenty-fourth year of Kuang Hsü.
CLAUDE M. MACDONALD,
LI HUNG-CHANG,
LI HUNG-CHANG,,}
Members of
HSU TING K'UEL, Tsung-li Yamên.
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, General of the Bordered 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, who shall enjoy equally in the respective states of the high 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
45
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 such 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 th 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 he official correspondence between the authorities and the officers of the two countries shall be regulated according to their respective rank 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 & Consulate, sh ll 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 educt the business betwe, a 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 equality. 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 commerce 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 Foochow. With regard to UNIVERSITY OF MICHIGAN
46
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 him per.nission to remain a sufficient time to obtain anther passport from the Consul, be conducted to the nearest consulate and shall not be maltreated or insulted in any way.
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 torce, or which may 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 m re fact of their being placed in execution.
Art. X.--Any French subject who, conformably to the stinulations 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. Frenca 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, and 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 UNIVERSITY OF MICHIGAN
TREATY BETWEEN FRANCE AND CHINA
47
the Chinese language and any other language or dialect used in the empire, as also to secure their aid in scienific 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 shell 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, proclaimed, 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, he commissioned by the French Consul in the same manner as shall be in use with other nations.
The remuneration payable 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 capta n or consignee. Every contravention of this provision shall entail a punishment proportionate to the amount exacted, which also shall be returned in full.
Art. XVII-Within the twenty-four hours following the arrival of a French merchant vessel in one 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 and place in the hands of the Consul the ship's papers, the bills of lading, and the manifest. Within the twenty-four hours next following the 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 cargo; 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 penalty of 50 dollars for each day's delay, to the profit of the Chinese Government, but the said penalty shall in no case exceed the sum of 200 dollars.
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TREATY BETWEEN FRANCE AND CHINA
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 boats 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 goods. 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 knowle lge 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, the 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 shall 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 entered 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 port and proceed to another without having to pay either tonnage dues or customs duties, but will discharge them 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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49
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 ɔne 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 exempted 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; but 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 tenor 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 identity 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 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 1885.
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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. The 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.
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, shill 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 me chant 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 executed 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 Freuch 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 aud 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 UNIVERSITY OF MICHIGAN
TREATY BETWEEN FRANCE AND CHINA
51
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 latter, in concert with the competent authority, may provide means for the relief of the crew and the salvage of the debris 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 anl export every kind of merchandise not prohibited.
Art. XXXII.-Should sailors or other persons desert from French ships-of-war, or leave French trading vesse's, 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 address the Consul, who, on proof of the guilt of the accusel, shall immediately take the measures necessary for their extradition. Each party hall car fully 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 the'r arrest and punishment, according to low. 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 examine 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 illdoers or auv 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, indebted 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 French 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 mat ers 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 friendship, co umerce, 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 of
year 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.8.]
""
[L.S.]
BARON GROS.
KWEI-LIANG.
??
[L.S.]
HWASHANA. UNIVERSITY OF MICHIGAN
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 Empires, and to re-establish and assure for ever the relations of peace and amity which before existed and which regrettable events have interruptel, have named as their respective Plenipotentiaries :-
His Majesty the Emperor of the French, Sieur Jean Baptiste Louis, Baron Gros, Senator of the Empire, Ambassador and High Commissioner of France in China, Grand Officer 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, having exchanged their full powers, found in good and due form, have agreed upon the following articles :-
Art. I. His Majesty the Emperor of China has 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 Tientsin, 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 the present 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 an indemnity of two million taels, is annulled 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 made in quarterly instalments consisting of one-fifth of the gross Customs 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 taels 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 it 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 verification of the amount, the giving of receipts, and in short fulfilling all the formalites required in such case.
Art. V.The sum of eight million taels is allowed to the French Government to biquidate 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 UNIVERSITY OF MICHIGAN
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CONVENTION BETWEEN FRANCE AND CHINA
factories at Canton, and also to compensate the Catholic missionaries who have 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 expeases 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 conditi ns 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 Convention, 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 provid d 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 with raw 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 b fore that time.
Art. VIII.-It is further agreed that when the pres nt Convention shall have been signe I 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 hat in all these places or in any of them th 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.
遁
Art. IX. It is agreed between the high contracting parties that when the ratifications of the Treaty of Tientsin shall have ben exchanged an Imperial edict shall order the high authorities of all the provinces to permit any Chinese who wish s to go to countries beyond the sea to establish himself there or to s ek his for: uu, to embark, himself and his family, if he so wishes, on French ship 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 sa'ne 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.8.] (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 T.entsin 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 Order of the Pole Star, &c., &c.
And His Majesty the Emperor of China, Li Hung-chang, Imperial Commissioner, Senior Gran 1 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 Tsu g-li Yamên, President of the Board of Punishments, Administrator of the Treasury at the Ministry of Finance, Director of Schols 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 baving 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 collecting 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. UNIVERSITY OF MICHIGAN
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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 or 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 Freach 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 Republic 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 China shall 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 Yunnan 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. UNIVERSITY OF MICHIGAN
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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 sl 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, remaia in full force.
The present Treaty shall be ratified at once by His Majesty the Emperor of China, and after it shall have been ratified by the President of the French Republic, the exchange of ratifications shall take place at Peking with the least possi le delay.
Done in quadruplicate at Tientsin, this ninth June, one thousand eight bundred and eighty-five corresponding to the twenty-seventh day of the fourth moon of the eleventh year of Kwang-su.
PATENOTRE.
(Signed)
[L.8.]
99
[L.S.]
HSI CHEN.
[L.8.]
LI HUNG-CHANG.
"}
[L.S.]
TENG CHANG-SU.
Dynewby
Google UNIVERSITY OF MICHIGAN
TRADE REGULATIONS FOR THE TONKIN 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 stated 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 conceled 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 he opened to trade north of Langson shall be selected and deterinine in he 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 telegrains 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 holler'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 Le 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 trausport of merchandise.
Chinese authorities on Chinese soil and French authorities in Tonkin shall have the right to arrest persons who have crossed the fron: ier without passports and send them back to their respective authorities to be tried and punished if necessary.
Chinese residing in Annam may return from Toukin 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 i is accompanied. The Custom、 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 sul-ject 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 fixed 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. UNIVERSITY OF MICHIGAN
60
TRADE REGULATIONS FOR THE TONKIN FRONTIER
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 le examined at the first of these statious, 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 tim › withi 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 exemption certificates will never be given in respect of these.
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TRADE REGULATIONS FOR THE TONKIN FRONTIER
61
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 Chinese 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 of the goods under a penalty of Tls. 50 for each day's delay; but the fine shall not exceed Tls. 200. An inexart 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 bis goods. Goods not provided with a perinit trom 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 authorities. 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 frand, 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 agen's 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 Tonkin. The Imperial Government will be notified of the new tar.ff which France will establish in Tonkin. If taxes of excise, of consumption, or of guarantee be established in Tonkin on any articles of indigenous production, similar Chinese productions 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 transi duty which shall not exceed two per cent. of 'he 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 produce whenever 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, sach Chinese produces, on entering Tonkin, shall pay the import duty.
A transit permit will accompany the goods to 'he 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- istration
as to the quality, quantity, real origin, or real destination of merchandise
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62
TRADE REGULATIONS FOR THE TONKIN FRONTIER
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 meal, 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 the r 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 destine 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 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 Toukin, that is to say, money, luggage, clothes, women's head or aments, 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 oue side and Yünnan, Kwang-si, and Kwangtung on the other side.
Art. XV. The export of rice and of cereals from China is forbidden. The import of the-e articles shall be free of duty.
:he iu port of the following articles into China is forbiddeu :-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 armis 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 crimiual, 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 Chinese subjects and Frenchmen or Annamites shall be decided in a Mixed Court by Chinese and French officers.
under
With reference to crimes or offences committed by Frenchmen or persons 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 UNIVERSITY OF MICHIGAN
ADDITIONAL CONVENTION BETWEEN FRANCE AND CHINA-1887
63
the local authority shall apply to the Consul, who, 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 Customs, 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 ratifications 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.] [L.S.]
G. COGORDAN.
E. BRUWAERT.
[L.S.]
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 Tr aty signed at Tie, ts n on the 25th_April, 1886, have appointed Plenipotentiaries to take the necessary ste s thereto. H.İ.M. the Emperor of China has spec ally appointed HIH. Prince Ching an H E Sun Yu-wen, member of the Tsung-li Yamen and Vice-Presid nt of the B ard of Works. The President of the R public ha appointed His Excellency Constans, Deputy, ex-Mi ister of the Interior, and Minister Plenipotentiary in China. Who, having exchanged their full powers and established their authenticity in due form, have agred on the following Articles :-----
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 the Treaty of 1886 that Lung, how in Kwangsi and Mengtzu in Yunnan should be opened to trade, and whereas Manghao, which lies between Paosheng and Mengtzu, is in 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 rende there. UNIVERSITY OF MICHIGAN
64
ADDITIONAL CONVENTION BETWEEN FRANCE AND CHINA-1887
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 have 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 Lungehow, 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-houses on the frontier goods taken overland must not ie sold at Luugehow until they have paid duty there.
Art. VII.-It is agreed that should China enter into treat:es 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 Treaty.
Art. X.-The ratifi ations 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 CHI'NG. SUN YU-WEN. UNIVERSITY OF MICHIGAN
ADDITIONAL CONVENTION BETWEEN FRANCE AND CHINA
SIGNED AT PEKING, 20TH JUNE, 1895
Art. I.-It is agreed, to assure the policing of the frontier, that the French Government will have the right of maintaining an agent of the Consular order at Tonghing opposite Monkay on the frontier of Kwantung. A further regulation will determine the conditions under which these should be exercised in accordance with the French and Chinese authorities and the communal police of the Sino- Annamite frontier.
Art. II. Article 2 of the Additional Convention, signed at Peking, June 26th, 1887, is modified and completed as follows:-It is agreed between the high contracting parties that the town of Lungehow in Kwangsi and that of Mêngtse in Yunnan are open to French-Annamite commerce. It is intended besides that the post open to commerce on the river route of Laokay to Mêngtse will no longer be Manbao, but Hokow, and that the French Government have the right of maintaining at Hokow an agent under the Consul at Mêngtse, at the same time the Chinese Government can maintain a customs agent.
Art. III. It is agreed that the town of Ssumao in Yunnan shall be open to French-Aunamite commerce, like Lungchow and Mêngtse, and that the French Government will have the right as in the other open ports of maintaining a Consul at the same time that the Chinese Government can maintain a customs agent. The local authorities will employ themselves to facilitate the installation of the French Consul in the proper résidence. Frenchmen and protected French subjects may establish themselves at Ssumao under conditions of the Articles 7, 10, 11, 12, and others of the treaty of June 27th, 1858; also by Article 3 of the Convention of April 25th, 1886. Goods destined for China can be transported by the rivers, particularly the Loso and the Mekong as well as by land routes, and particularly by the Mandarin-road which leads either from Mongle or Ipang to Ssumao and Puerh, the duties which these goods will be subject to being paid at Ssumao.
Art. IV.-Article 9 of the Commercial Convention of April 25th, 1886, is modified as follows:-(1) Chinese goods in transit from one of the other four towns open to commerce on the frontier, Lungchow, Mengtse, Ssumao, and Hokow, in passing by Annam, will pay on leaving the reduced duties of four-tenths. A special certificate will be delivered stating the payment of this duty, and destined to accompany the goods. When they have come to another town they shall be exempt from payment and import duty. (2) Chinese goods which shall be exported from the four above named localities and transported to Chinese ports, maritime or fluvial, open to commerce, shall be freed on leaving the frontier by payment of the reduced export duty of four-tenths. A special certificate will be delivered stating the payment of this duty, and destined to accompany the goods. When they shall arrive at one of the ports, maritime or fluvial, open to commerce, they shall be freed the half-duty of ro-importation in conformity with the general rule for all such goods in the maritime or fluvial ports open to commerce. (3) Chinese goods which shall be transported from Chinese ports, maritime or fluvial, open to commerce, by way of Annam, towards the four above named localities, shall be freed on leaving of all duty. A special certificate will be delivered, stating the payment of this duty, and destined to accompany the goods. When they shall have arrived at one of the frontier customs they shall be freed on entry by half duty of re-importation based on the reduction of four-tenths (4) The Chinese goods above mentioned, accompanied by the special certificate.
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ADDITIONAL CONVENTION BETWEEN FRANCE AND CHINA-1895
above mentioned, shall be, before passing the export customs, or after passing customs re-importation, submitted to the regulations governing native Chinese goods.
Art. V.-It is understood that China, for the exploitation of its mines in the provinces
of Yunnan, Kwangsi, and Kwangtung, will address itself, in the first instance, to French commerce and engineers, the exploitation remaining otherwise subject to the rules and the edicts by the Imperial Government which affects national industry. It is understood that railways already in existence or projected. in Annam can, after mutual agreement, and under conditions to be defined, be prolonged on Chinese territory.
Art. VI.-Article 2 of the Telegraphic Convention between France and China, signed at Chefoo, December 1, 1888, is completed as follows:-D.-A union shall be established between the secondary prefecture of Ssumao and Annam by two stations, which shall be Ssumao in China and Muang Hahin in Annam, midway between Laichow and Luang Prabang. The tariff shall be fixed in conformity with Article 6 of the Telegraphic Convention of Chefoo.
Art. VII.-It is agreed that the commercial stipulations contained in the present Convention being of a special nature, and the result of mutual concessions deter- mined by the necessities of the relatiens between Lungchow, Hokow, Mêngtse, Ssumao, and Annam, the advantages which result therefrom cannot be invoked by the subjects and protected subjects of the two high contracting parties but on these points as well as on the fluvial and land ways here determined of the frontier.
Art. VIII.-The present stipulations shall be put in force as if they were in- serted in the text of the additional convention of June 26th, 1887.
Art. IX.-The terms of former treaties, agreements, and conventions between France and China not modified by the present treaty remain in full force. The pre- sent complementary convention shall be ratified immediately by His Majesty the Emperor of China, and after it has been ratified by the President of the French Republic the exchange of ratifications shall be made at Peking with the least delay possible.
Done at Peking in four copies June twentieth, one thousand eight hundred and ninety-five, corresponding to the twenty-eight day of the fifth moon of the twenty- first year Kwang Su.
(Signed)
A. Gerard. CHING.
SIU. UNIVERSITY OF MICHIGAN
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 Cbina 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 Pyrmont, the Duchies Anhalt, Dessau, Koethen, and Anhalt Bernburg, the Principalities Lippe, the Principalities Schwarzburg Sondershausen and Schwarzburg Rudolfstadt, 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 ontracting 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 family 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 procced 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
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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.
It 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 bands 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 fiue 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. Merchandise 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 weighted 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 endeavour 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 which 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 ducies 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 authzed by the hines Government to receive the duties on his behalf. The recen is of these bakers 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 merchandise 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. UNIVERSITY OF MICHIGAN
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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.
He may take the rest of the cargo to another port, pay duties there, and dispose of the
same.
Art. XXVI.-Merchants of any of the contracting German States, who may have imported merchandise 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, shall 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 remaining 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 cargo. 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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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 Consular 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 measu es for apprehending 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 within Chinese waters, be plundered by pirates, it shall be the duty of the Chinese authorit es 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 apprebended, 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 pecuniarity 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 Offi er, determine if the mater be just, and the lan- guage 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 " 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 c ntracting German States having reason to complain of a Chinese, must first proceed to the Consular Officer 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 robbed 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 enforce 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.
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 contracting 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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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 contracting parties agree that the German States and their subjects shall fully and equally participate in all privileges, immunities, and ad- vantages that have been, or may be hereafter, granted 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 transit duties, 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, shipowners, and navigators.
Art. XLI.-If in future the contracting German 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 Legotiations to that effect. Six months before the expiration 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 signature, the exchange of the ratiûcations to take place at Shanghai or Tientsin, at the option of the Prussian Government. Im- mediately 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 wheroof 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 year 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.
(Signed)
"
""
COUNT EULENBURG. CHONG MEEN.
[L.S.] [L.S.
[L.S.]
CHONG HEE.
Separate Article
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, and 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 respective Plenipotentiaries have hereunto set their signa- tures and affixed their seals.
Done in four copies at Tientsin, this second day of September, in the year of our Lord one thousand eight hundred and sixty-one, corresponding to the Chinese date of the twenty-eighth day of the seventh moon of the eleventh year of Hien Fung.
(Signed)
COUNT EULENBURG. CHONG MEen.
[L.S.] [L.S.]
L.S.
CHONG HEE.
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Separate Article
In addition to a treaty of amity, commerce, and navigation, 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 navigation.
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-oue, corresponding to the Chinese date of the twenty-eighth day of the seventh moon of the eleventh year of Hien Fung.
(Signed)
[L.8.
L.8.
"?
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 Prussi, &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 Envoy 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 stipulated by Treaty.
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 and 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 aum
of Tis. 500.
Art. IV. --Chinese concession.The export duty on Chinese coal, exported 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 been 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 least 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.-Shi;s_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 (htined for them from the Catsoms 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 authority, 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 Customs.
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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 mouths 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 confirme anew, as both partics 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 signed 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 thirty-first March, one thousand eight hundred and eighty, corresponding to the twenty-first day of the second month of the sixth year Kwang Su.
(Signed)
L.8.
L.S.
"
[L.S.]
M. VON BRandt. SHEN KUE-FEN. CHING LIEN.
SPECIAL STIPULATIONS TO THE SUPPLEMENTARY CONVENTION
For the sake of greater clearness 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.
3. 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.
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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 ship 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- ness, 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 bave 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 be 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 formal 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 his, in so far as they are specially entered in the import or export tariff, will be UNIVERSITY OF MICHIGAN
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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 thirty-first March, one thousand eight hundred and eighty corresponding with the twenty-first day of the second month of the sixth year Kwang Sü.
(Signed)
[L.8.]
M. VON BRANDT.
99
[L.S.]
SHEN KUE-FEN.
""
[L.8.]
CHING LIEN.
THE PRINCE OF KUNG AND THE MINISTERS OF THE TSUNG-LI YAMEN
TO HEER von Brandt.
Kwang Sü, 6th year, 2nd mouth, 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 it Peking the twenty-first August, one thousand eight hundred and "ighty, corresponding with the sixteenth day of the seventh month of the sixth year Kwang Sü.
M. VON BRANDT,
(Signed)
[L.S.]
39
[L.S.]
SHEN KUE-FEN.
23
[L.S.]
CHING LIEN.
""
[L.S.]
WANG NEEn-Shou.
"1
[L.S.]
LIN SHU.
[L.S.]
CHUNG LI.
THE KIAOCHOW CONVENTION
The Convention between Germany and China in reference to Kiaochow has not been officially promulgated but, the following is believed to be a correct transla- tion from the Chinese:-
I-His Majesty the Emperor of China, being desirous of preserving the existing good relations with His Majesty the Emperor of Germany, and of promoting an increase of German power and influence in the Far East, sanctions the acquirement under lease by Germany of the land extending for 100 li, at high tide (at Kiaochow).
His Majesty the Emperor of China is willing that German troops should takè possession of the above-mentioned territory at any time the Emperor of Germany chooses. China retains her sovereignty over this territory, and should she at any time wish to enact laws or carry out plans within the leased area, she shall be at liberty to enter into negociations with Germany with reference thereto; provided always that such laws or plans shall not be prejudicial to German interests. Germany may engage in works for the public benefit, such as water-works, within the territory covered by the lease, without reference to China. Should China wish to march troops or establish garrisons therein she can only do so after negociating with and obtaining the
express permission of Germany.
II. His Majesty the Emperor of Germany, being desirous like the rulers of certain other countries, of establishing a naval and coaling station and constructing dockyards on the coast of China, the Emperor of China agrees to lease to him for the purpose all the land on the southern and northern sides of Kiaochow Bay for a term of ninety-nine years. Germany is to be at liberty to erect forts on this laud for the defence of her possessions therein.
III.-During the continuance of the lease China shall have no voice in the government or administration of the leased territory. It will be governed and administered during the whole term of ninety-nine years solely by Germany, so that the possibility of friction between the two Powers may be reduced to the smallest magnitude. The lease covers the following districts:-
(a)-All the land in the north-east of Lienhan, adjacent to the north-eastern mouth of the Bay, within a straight line drawn from the north-eastern corner of Yintao to Laoshan-wan.
(b.)-All the land in the south-west of Lienban, adjacent to the southern mouth of the Bay, within a straight line drawn from a point on the shore of the Bay bearing south-west by south from Tsi-pe-shan-to.
(c.)-Tsi-pe-shan-to and Ỹintao.
(d.)-The whole area of the Bay of Kiaochow covered at high-water.
(e.)-Certain islands at the entrance of the Bay which are ceded for the purpose of erecting forts for the defence of the German possessions. The boundaries of the leased territory shall hereafter be more exactly defined by a commission appointed jointly by the Chinese and German Governments, and consisting of Chinese and German subjects. Chinese ships of war and merchaut-ships, and ships of war and merchant ships of countries having treaties and in a state of amity with China shall receive equal treatment with German ships of war and merchant ships in Kiaochow Bay during the continuance of the lease. Germany is at liberty to enact any regula- tions she desires for the government of the territory and harbour, provided such regulations apply impartially to the ships of all nations, Germany and China included.
IV.-Germany shall be at liberty to erect whatever lighthouse, beacons, and other aids to navigation she chooses within the territory leased, and along the islands and coasts approaching the entrance to the harbour. Vessels of China and vessels of other countries entering the harbour shall be liable to special duties for the repair and maintenance of all light-houses, beacons and other aids to navigation which Germany may erect and establish. Chinese vessels shall be exempt from other special duties. UNIVERSITY OF MICHIGAN
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THE KIAOCHOW CONVENTION BETWEEN GERMANY AND CHINA
V.-Should Germany desire to give up her interest in the leased territory before the expiration of ninety-nine years, China shall take over the whole area, and pay Germany for whatever German property may at the times of surrender be there situated. In cases of such surrender taking place Germany shall be at liberty to lease some other point along the coast. Germany shall not cede the territory leased to any other Power than China. Chinese subjects shall be allowed to live in the territory leased, under the protection of the German authorities, and there carry on their avoca- tions and business as long as they conduct themselves as peaceable and law-abiding citizens. Germany shall pay a reasonable price to the native proprietors for whatever lands her Government or subjects require. Fugitive Chinese criminals taking refuge in the leased territory shall be arrested and surrendered to the Chinese authorities for trial and punishment, upon application to the German authorities, but the Chine-e authorities, shall not be at liberty to send agents into the leased territory to make The German authorities shall not interfere with the likin stations outside but adjacent to the territory.
THE RAILWAY AND MINING CONCESSION
I. The Chinese Government sanctions the construction by Germany of two lines of railway in Shantung. The first will run from Kiaochow and Tsinan-fu to the boundary of Shantung province viâ Wei-hsien, Tsinchow, Pashan, Tsechuen and Suiping. The second line will connect Riaochow with Chinchow, whence an extension will be constructed to Tsinan through Laiwu-hsien. The construction of this extension shall not be begun until the first part of the line, the main line, is completed, in order t› give the Chinese an opportunity of connecting this line in the most advan... · tageous manner with their own railway system. What places the line from Tsinan-fu to the provincial boundary shall take in en route is to be determined hereaftor.
II. In order to carry out the above mentioned railway work a Chino-German company shall be formed, with branches at whatever places may be necessary, and in this Company both German and Chinese subjects shall be at liberty to invest money if they so choose, and appoint directors for the management of the undertaking.
III.-All arrangements in connection with the works specified shall be determined by a future conference of German and Chinese representative. The Chinese Govern ment shall afford every facility and protection and extend every welcome to represent- atives of the German Railway Company operating in Chines territory. Profits derived from the working of these railways shall be justly divided pro rata between the shareholders without regard to nationality. The object of constructing these lines is solely the development of commerce. In inaugurating a railway system in Shantung Germany entertains no treacherous intention towards China, and under- takes not to unlawfully seize any land in the province.
IV. The Chinese Government shall allow German subjects to hold and develope mining property for a distance of 30 li from each side of these railways and along the whole extent of the lines. The following places where mining operations may be carried on are particularly specified along the northern railway from Kiaochow to Tsinan, Weihsien Pa-shan-hsien and various other points; and along the Southern Kiaochow-Tsinan-Chinchow line, Chinchow-fu Luiwuhsien, etc. Chinese capital may be investel in these operations and arrangements for carrying on the work shall hereafter be made by a joint conference of Chinese and German representatives. All German subjects engaged in such works in Chinese territory shall be properly protected and welcomed by the Chinese authorities and all profits derived shall be fairly divided between Chinese and German shareholders according to the extent of the interest they hold in the undertakings. In trying to develope mining property in China, Germany is actuated by no treacherous motives against this country, but seeks alone to increase commerce and improve the relations between the two countries
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If at any time the Chinese should form schemes for the development of Shantung, for the execution of which it is necessary to obtain foreign capital, the Chinese Government, or whatever Chinese may be interested in such schemes, shall, in the first instance, apply to German capitalists. Application shall also be made to German manufacturers for the necessary machinery and materials before the manu- facturers of any other Power are approached. Should German capitalists or manu- facturers decline to take up the business the Chinese shall then be at liberty to obtain money and materials from sources of other nationality than German
This convention requires the sanction of His Majesty the Emperor of China and His Majesty the Emperor of Germany. When the sanction of His Majesty the Emperor of China reaches Berlin the agreement approved by His Majesty the Emperor of Germany shall be handed to the Chinese Ambassador. When the final draft is agreed to by both parties four clean copies of it shall be made, two in Chinese and two in German, which shall be duly signed by the Chinese and German Minister at Berlin and Peking. Each Power shall retain one Chinese copy and one German copy, and the agreement shall be faithfully observed on either side.
Dated, the fourtenth day of the second moon of the twenty-fourth year of Kuang Hsu. (March 6th, 1898). UNIVERSITY OF MICHIGAN
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 Buzow, actual councillor of state.
And His Majesty the Emperor of China: Tseng, Marquess of Neyong, vice president of the high court of justice, his envoy extraordinary and minister plenipo tenitary 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 have 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 Ili, 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. The Chinese will oppose no impedirent to their emigration or to the transportation of their moveable property.
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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TREATY BETWEEN RUSSIA AND CHINA
the administration of the province of Ili, and who will be charged, in general, with the execution of the stipulations 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 bigh direction of the affair.
The resumption 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 of 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 e 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 mentioned sum of nine millions of metallic 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 present 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 Tchugtu- chack in 1864.
Art. VIII-A part of the frontier line, fixed by the protocol sigue at Tchugtu- chack in 1861, at the east of the Lake Zais.n, 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 proceed to place posts of 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 or meeting of these commissioners shall be fixed by an understanding between the two governments.
The two Goveruments will also name commissioners to examine the frontier and to place posts of demarcation between the Russian province of Ferganah and the western part of the Chinese province of 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 Soutcheou (Tsia-yu-kwan) and of Turfan. In the following towns: Kobdo, Uliassoutai, Khami, Urumtsi, and Goutchen, the Russian UNIVERSITY OF MICHIGAN
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Government will establish consulates in proportion to the development of commerce, and after an understanding with the Chinese Government.
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 contained 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-shau will make use of, for their journeys and for their correspondence, the postal institutions of the government, conformably to the stipulations 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 Turfau not being a locality open to foreign trade, the right of establishing a consulate will not be invoked as a precedent to obtain a right analogous to the ports of Chiua for the provinces of the interior and for Manchuria.
Art. XI-Russian Cousuls 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 the functionaries of two friendly powers reciprocally owe each other.
All the affairs which may arise on Chinese 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.
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 obligations.
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 Kashgar, of Urumtsi, and others situated on the slopes north and south of the chain of the Tien-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.
be.
Russian subjects can import into the above-nanied provinces of China and export from them every description of produce, of whatever origin they may 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 purchased, as well in the towns and ports above named as in the interior markets.
They will equally have the right to repair, for matters of trade, to Soutcheou (Tsia-vu-kwan), the terminal point of the Russian caravans, and they will enjoy there all the rights granted to Russian trade 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, ueither 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 established for foreign maritime commerce in China. If it becomes necessary to make modifications in these regulations, the two Governments will establish 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 Chinese 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, actually imposed at the rates established for the tea of superior qualily, will be diminished 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 theit and the harbouring of cattle 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 understood 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. UNIVERSITY OF MICHIGAN
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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 16th 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 confirined.
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, aud 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.
one.
Done at St. Petersburg, the twelfth of February, eighteen hundred and eighty-
(Signed)
[L.S.] L.8.
NICOLAS DE GIERS. EUGENE Burzow.
""
L.8.
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 Rus-ian 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 had 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 S. Petersburg, the twelfth of February, one thousar d'eight hundred and eighty-one.
(Signed)
[L.S.]
L.S.
""
[L.S.]
Dynewby
NICOLAS De Giers.
EUGENE BUrzow.
TSENG.
TRADE REGULATIONS BETWEEN RUSSIA AND CHINA
REGULATIONS FOR THE LAND TRADE
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Art. L-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 regulations.
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 Mongoliau 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 Chines, 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 have 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 Russian 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 merchandise is forwarded will proceed, without delay, to verify 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 Russia 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 a 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 Russia 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 others, 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 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 connivance 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. On the exportation by sea from Tientsin to some other Chinese port opened to foreign trade by treaty of goods brought from Russia Ly 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 intercal markets are subject to transit dues (ie., 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, re-imported goods bought as Tientsin, as well as those bough 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 re-importation 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 permi: 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 hought 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 subjec 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 gools 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- tcheon, 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, glassware, and ornaments. The above-mentioned articles will pass free of duty on entering and on leaving by land; but if they are sent from the towns and ports mentioned in these regulations to the internal markets they will pay a transit duty of 23 per cent. ad talorem. Travellers' luggage, gold and silver ingots, and foreign coins will, however,
pay this duty.
not
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 Far, 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 UNIVERSITY OF MICHIGAN
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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.S.]
L.8.
NICOLAS DE Giers. EUGENE BUrzow.
""
"
[L.8.]
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, has taken place according to custom.
In faith of which the undersigned have drawn up the present proces-verbal, and havo affixed to it the seal of their arms.
Done at St. Petersburg, the 7th August, one thousand eight hundred and eighty-
one.
(Signed)
[L.S. [L.8.]
Nicolas de Giers. TSENG.
PORT ARTHUR AND TALIENWAN AGREEMENT.
His Majesty the Emperor of China, on the sixth day of the third moon of the twenty-fourth year of Kuang Hsü (March 27, 1898), appointed the Grand Secretary, Li Hung Chang, and the Senior Vice-President of the Board of Revenue, Chang Yin-huan, as Plenipotentiaries to arrange with M. Pavloff, Chargé d'Affaires and Plenipotentiary for Russia, all matters connected with the leasing and use by Russia of Port Arthur and Ta-lien-wan.
The treaty arranged between them in this condition is as follows:-
of
Art. I.-It being necessary for the due protection of her navy in the waters of North China that Russia should possess a station she can defend, the Emperor China agrees to lease to Russia Port Arthur and Ta-lien-wan, together with the adjacent seas, but on the understanding that such lease shall not prejudice China's sovereignty over this territory.
Art. II.-The limits of the territory thus leased, for the reasons above stated, as well as the extent of territory north of Ta-lien-wan necessary for the defence of that now leased, and what shall be allowed to be leased shall be strictly defined and all details necessary to the carrying out of this treaty be arranged at St. Petersburg.
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with Hsu Tajên so soon as possible after the signature of the present treaty, and embodied in a separate treaty. Once these limits have been determined, all land held by Chinese within such limits, as well as the adjacent waters, shall be held by Russia alone on lease.
Art. III.-The duration of the lease shall be 25 years from the day this treaty is signed, but may be extended by mutual agreement between Russia and China.
Art. IV.-The control of all military forces in the territory leased by Russia and of all naval forces in the adjacent seas, as well as of the civil officials in it, shall be vested in one high Russian official, who shall, however, be designated by some title other than Governor-General (Tsung-tu) or Governor (Hsün-fu). All Chinese military forces shall, without exception, be withdrawn from the territory, but it shall remain optional with the ordinary Chinese inhabitants either to remain or to go, and no coercion shall be used towards them in this matter. Should they remain, any Chinese charged with a criminal offence shall be harded over to the nearest Chinese offical to be dealt with according to Art. VIII. of the Russo-Chinese treaty of 1860
Art. V. To the north of the territory leased shall be a zone, the extent of which shall be arranged at St. Petersburg between Hsu Ta-jên and the Russian Foreign Office. Jurisdiction over this zone shall be vested in China, but China may not quarter troops in it except with the previous consent of Russia.
Art. VI. The two nations agree that Port Arthur shall be a naval port for the sole use of Russian and Chinese men-of-war, and be considered as an unopened port so far as the naval and mercantile vessels of other nations are concerned. As regards Ta-lien-wan, one portion of the harbour shall be reserved exclusively for Russian and Chinese men-of-war, just like Port Arthur, but the remainder shall be a commercial port freely open to the merchant vessels of all countries.
Art. VII.-Port Arthur and Ta-lien-wan are the points in the territory leased most important for Russian military purposes. Russia, shall, therefore, be at liberty to erect, at her own expense, forts and build barracks and provide defences at such places as she desires.
Art. VIII.-China agrees that the procedure sanctioned in 1896 regarding the construction of railroads by the board of the Eastern China Railway shall, from the date of the signature of this treaty, be extended so as to include the construction of a branch line to Ta-lien-wan, or, if necessary, in view of the interests involved, of a branch line to the most suitable point on the coast between Newchwang and the Yalu River. Further, the agreement entered into in September, 1896, between the Chinese Government and the Russo-Chinese Bank shall apply with equal strength to this branch line. The direction of this branch line and the places it shall touch shall be arranged between Hsü Ta-jên and the board of the Eastern Railroads. The construction of this line shall never, however, be made a ground for encroaching on the sovereignty or integrity of China.
Art. IX. This treaty shall take full force and effect from the date it is signed, but the ratifications shall be exchanged in St. Petersburg.
Signed March 27, 1898. UNIVERSITY OF MICHIGAN
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 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 B. Reed, Envoy Extraordinary and Minister Plenipotentiary to China; and His Majesty the Emperor of China, Kweiliang, a member of the Privy Council and Superintendent of the Board of Punishments, and Hwashana, President of the Board of Civil Office and Major-General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them being Imperial Commissioners and Plenipotentia- ries: And the said Ministers, in virtue of the respective full powers they have received from their governments, have agreed upon the following articles :-
Art. I.-There shall be, as there has always been, peace and friendship between the United States of America and the Ta-Tsing Empire, and between their people respectively. They shall not insult or oppress 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 friendship, on th· exchange of ratifications by the President, with the advice and consent 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 published 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.
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Art. IV. In order further to perpetuate friendship, the Minister or Commis- sioner, or the highest diplomatic representative of the United States of America in China, shall at all times have the right to correspond on terms of perfect equality and 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 the Two Kiang; and whenever he desires to have such correspondence with the Privy Council at the capital he shall have the right to send it through either of the said Governors-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 respectfully.
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 high 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 that 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 friendly nation to reside at his capital 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 (chau-hwui). 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 addressing 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 United States.
Art. VIII-In all future personal intercourse between the representative of the United States of America and the Governors-General or Governors the interviews shall 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 these interviews. Current inatters shall be discussed by correspondence, so as not to give the trouble of a personal ineeting.
of
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 commanders of said ships and the superior local authorities government shall, if it be necessary, hold intercourse on terms of equality and courtesy, in token 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 America 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 vessels of the United States shall pursue the said pirates, and if captured deliver them over for trial and punishment.
Art. X.-The United States of America shall have the right to appoint Consuls and other commercial agents for the protection of trade, to reside at such places in the dominions of China as shall be agreed 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 their respective Governments, 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 interested cau 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 officere fcr 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 an 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, civil 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 placed in the hands of the Consul. If by reason of the extent of territory and numerous population of China, it shall in any case happen that the robbers cannot be apprehended, 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 commerce; 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 commerce, 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 vsesels of the United State 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, shall, 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 for her discharge. And the master, supercargo, or cousignee, 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 law.ul for him to do so, paying duty ou such part only, and to proceed with the remainder to any other ports. Or if the master so desire, he may within forty- sight hours after the arrival of the vessel, but not later, decide to depart without breaking bulk; in which case be 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, th 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 t! at 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 gools 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 tonrage dues are | aid, be shall be held responsible therefor.
Art. XXIII.-When goods on board any merchaut 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 Superintencent of Customs, who may appoint officers to examine into the lacts and permit the transhipment. And if any goods be transhipped without written permits, they shall be subject to be forfeited to the Chinese Government.
Art. XXIV.-Where there are debts due by subjects of China to citizens of the United 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 individuais; and it shall in like manner be lawful for citizens of the United States to purchase all manner of books in China.
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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 adn:itted to trade freely to and from the ports of China open 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 ber 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 government; 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, an the matter just and right, in which event he 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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quietly profess and teach these doctrines shall 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 no 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.
Iu 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.S.
WILLIAM B. Reed. KWEILIANG.
L.8.]
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, of 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. I.-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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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 anv 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 rationality, 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.
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. And reciprocally, Chinese subjects visiting or residing in the United States shall enjoy the sam privileges, immuniti s, 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 States, always disclaiming and discouraging all prac tices of unnecessary dictation and intervention by one nation in the affairs or domestic administration of another, do hereby freely disclaim and disavow 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 improvements. 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 hereafter his Imperial Majesty shall determine to construct, or cause to be constructed, works of the character mentioned within the Empire, and shall make application to the United States or any other Westeru Power tor facilities to carry out that policy, the United States will in that case designate or authorize suitable engineers to be employed by the Chinese Government, and will recommend to other 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 twenty-eighth day of July, in the year of our Lord one thousand eight hundred and sixty-eight.
[L.S.] (Signed)
[L.S.]
WILLIAM H. SEWARD. ANSON BURLINGAME. CHIH KANG.
[L.8.
""
[L.S.]
SUN CHIA-KU.
""
IMMIGRATION AND COMMERCIAL TREATIES BETWEEN
THE UNITED STATES AND CHINA
Signed at PEKING, 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 supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed; and
Whereas the Government of the United States, because of the constantly in- creasing immigration of Chinese labourers to the territory 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 Janes 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's 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 Plenipotentiary, having conjointly examined their full powers, and having discussed the points of possible modifications in existing treaties, have agreed upon the following articles in modification:
Art. L.-Whenever, in the opinion of the Government of the United States, the coming of Chinese labourers to the United States, or their residence therein, affects,
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or threatens to affect, the interests of that country, or to endanger the good order of any locality within the territory thereof, the Government of China agrees that the Government of the United States may regulate, limtt, or suspend such coming or residence, but may not absolutely prohibit it. The limitation or suspension shall be reasonable, and shall apply only to Chinese who may go to the United States as labourers, other classes not being included in the limitation. Legislation in regard to Chinese labourers will be of such a character only as is necessary to enforce the regulation, limitation, or suspension, ot immigration, and immigrants shall not be subject to personal maltreatment or abuse.
Art. II-Chinese subjects, whether proceeding to the United States as traders or students, merchants, or from curiosity, together with their body and household servants, and Chinese labourers who are now in the United States, shall be allowed to go and come of their own free will and accord and shall be accorded 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 the territory 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 measuers for their protection, and secure to them the same rights, privileges, immunities, and exemptions as may be enjoyed by the citizens or subjects of the most favoured nation, and to which they are entited by
treaty.
Art. IV. The high contracting Powers, having agreed upon the foregoing Articles, whenever the Government of the United States shall adopt legislative measures in accordance therewith, such measures will be communicated to the Government of China, and if the measures, as effected, are found to work hardship upon the subjects of China, the Chinese Minister at Washington may bring the matter to the notice of the Secretary of State of the United States, who will consider the subject with him, 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 Plenipo- tentiaries 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 one thousand eight hundred and eighty, Kuang Sü sixth year, tenth moon, fifteenth day Signed and sealed by the abovenamed Commissioners of both Governments.
The Commercial Treaty
The following is the text of the commercial treaty 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. Trescott, 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- intendent of the Board of Civil Office; and Di Hung Tsao, a member of His Imperial Majesty's Privy Council, as his Commissioners Plenipotentiary; and the said Com- missioners Plenipotentiary, 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 Governinents of the United States and China, recognizing the benefits of their past commercial relations, and in order to still further promote such relations between the citizens 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. inal from
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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 nation clauses in existing treaties shall not be claimed by the citizens or 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.
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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 pro official f th nationality of the defendant. The properly authorized official of the plaintiff's nati nality 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 seventeenth day of November, in the year of our Lord one thousand eight hundred and eighty, Kuang Sü sixth year, tenth moon, fifteenth day.
JAMES B. ANGELL.
(Signed)
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JOHN F. SWIFT.
19
WILLIAM H. TRESCOTT.
PAO CHUN.
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LI HUNG-TSAO.
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IMMIGRATION PROHIBITION TREATY BETWEEN THE UNITED
STATES OF AMERICA AND CHINA, 1894
RATIFICATIONs Exchanged at Washington, 7TH DECEMBER, 1894
Whereas, on the 17th of November, a. D. 1880, and of Kwanhsui, the sixth year, the tenth month, and the 15th day, a treaty was concluded between the United States and Chiua for the purpose of regulating, limiting, or suspending the coming of Chinese labourers to and their residence in the United States, and, whereas, the Government of China, in view of the antagonism and much depreciated and serious disorders to which the presence of Chinese labourers has given rise in certain parts of the United States, desires to prohibit the emigration of such labourers from China to the United States; and, whereas, the two Governments desire to co-operate in prohibiting such emigration and to strengthen in many other ways the bounds of relationship between the two countries; and, whereas, the two Governments are desirous of adopting reciprocal measures for the better protection of the citizens or subjects of each within the jurisdiction of the other; now, therefore, the President of the United States has appointed Walter Q. Gresham, Secretary of State, as his Plenipotentiary, and his Imperial Majesty, the Emperor of China, has appointed Yang Yui, Officer of the Second Rank, Sub-director of the Court of Sacrificial Worship and Envoy Extraordinary and Minister Plenipotentiary, and the said Plenipotentiaries having exhibited their respective full powers, found to be in due form and good faith, have agreed upon the following articles :--
Art. I. The high contracting parties agree that for a period of ten years, beginning with the date of the ratifications of this convention, the coming, except under the conditions hereinafter specified, of Chinese labourers to the United States shall be absolutely prohibited.
Art. II. The preceding article shall not apply to the return to the United States of any registered Chinese labourer who has a lawful wife, child, or parent in the United States or property therein of the value of $1,000, or debts of like amount due to him and pending settlement. Nevertheless, every such Chinese labourer shall, before leaving the United States, deposit, as a condition of his return, with the collector of customs of the district from which he departs, a full description in writing of his family or property or debts as aforesaid, and shall be furnished by the said collector with such certificate of his right to return under this treaty as the laws of the United States may now or hereafter prescribe, and not inconsistent with the provisions of the treaty; and, should the written description aforesaid be proved to be false, the rights of return thereunder, or of continued residence after return, shall in each case be forfeited. And such right of return to the United States shall be exercised within one year from the date of leaving the United States; but such right of return to the United States may be extended for an additional period, not to exceed one year, in cases where, by reason of sickness or other course of disability beyond his control, such Chinese labourer shall be rendered unable sooner to return, which facts shall be fully reported to the Chinese Consul at the port of departure, and by him certified to the satisfaction of the collector of port at which such Chinese subject shall land in the United States. And no such Chinese labourer shall be permitted to enter the United States by land or sea without producing to the proper officer of the Customs the return certificate herein required.
the
Art. III. The provisions of the convention shall not affect the right at present enjoyed of Chinese subjects, being officials, teachers, students, merchants, or travellers for curiosity or pleasure, but not labourers, of coming to the United States and residing therein. To entitle such Chinese subjects as are above described to admission into the United States they may produce a certificate either from their Government or from the Government of the country where they last resided, viséd by the diplomatic or consular representative of the United States in the country or UNIVERSITY OF MICHIGAN
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port whence they depart. It is also agreed that Chinese labourers s all continue to enjoy the privilege of transit across the territory of the United States in the course of their journey to or from other countries, subject to such regulations by the Government of the United States as may be. nec ssary to prevent the said privilege of transit from being abused.
Art. IV. In pursuance of Article 3 of the Immigration Treaty between the United States and China, signed at Peking on the 17th day of November, 1880, it is hereby understood and agreed, that Chinese labourers or Chinese of any other class, either permanently or temporarily residing in the United States, shall have for the protection of their persons and property all rights that are given by the laws of the United States to citizens of the more favoured nations, excepting the right to become naturalized citizens. And the Government of the United States reaffirms its obligations, as stated in the said Article 3, to exert all its power to secure the protection to the person and property of all Chinese subjects in the United States.
Art. V. The Government of the United States having, by an Act of Congress, approved May 5th, 1892, as amended and approved November 3rd, 1893, required all Chinese labourers lawfully within the United States, before the passage of the first-named Act, to be registered, as in the said Acts provided, with a view of affording them better protection, the Chinese Government will not object to the enforcement of the said Acts, and reciprocally the Government of the United States recognises the right of the Government of China to enact and enforce similar laws and regulations, for the registration, free of charge, of all labourers, skilled or unskilled (not merchants, as defined by the said Acts of Congress), citizens of the United States in China whether residing within or without the treaty ports. And the Government of the United States agrees that within twelve months from the date of the exchange of the ratifications of this convention, and annually thereafter, it will furnish to the Government of China registers or reports showing the full name, age, occupation, and number or place of residence of all other citizens of the United States, including missionaries residing both within and without the treaty ports of China, not including, however, diplomatic and other officers of the United States residing or travelling in China upon official business, together with their body and household servants.
Art. VI.- This convention shall remain in force for a period of ten years, beginning with the date of the exchange of ratifications, and, if six mouths before the expiration of the said period of ten years neither Government shall have formally given notice of its final termination to the other, it shall remain in full force for anotho like perio of ten years.
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faith whereof, we, the respective plenipotentiaries, have signed this Convention and have hereunto affixed our seals.
Done, in duplicate, at Washington, the 17th day of March, A.d. 1894.
WALTER Q. GRESHAM,
YANG YUI,
Secretary of State.
Chinese Minister to the United States. UNIVERSITY OF MICHIGAN
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 other 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. 1888
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 Lisbon on the 26th day of March, 1887, 2nd day of 3rd moon of the 13th year of the reign of the Emperor Kwang-sü, 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 Cb'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 aud 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- reution; 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 Chiua 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 both the High Contracting Parties as the present treaty.
Art. V. His Most Faithful Majesty the King of Portugal and the Algarves may appoint an Ambassador, Minister, or other diplomatic agent to the Court of His Im- perial Majesty the Emperor of China, and this agent, as well as the persons of his suite and the r families, will be permitted, at the option of the Portuguese Govern- ment, to reside permanently in Peking, to visit that Court, or to reside at any other place where such residence is equally accorded to the diplomatic representative of other nations. The Chinese Governneut may also, if it thinks fit, appoin: an Ambassador, Minister, or other 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 immunities accorded by the laws of .ations; 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 in the Portuguese language accompanied by a translation in Chinese, and each nation shall regard as authorita ive the document written in its 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 authorities 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 terus of perfect equality. Merchants and generally all others who are not invested with an official characte: 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 or other places where it is all wed to other nations to have them. These functionaries will have powers and attributes similar to those of the Consuls of other uations, and will enjoy all the exemptions, privileges, and iminunities which at any time the consular functionaries of the most favoured nation may enjoy.
The Consuls and the local authorities will show to each other reciprocal civilities and correspond with each other on terms of perfect equality.
The Consuls and acting Consuls will rank with Tao-tais, Vice-Consuls, acting Vice-Consuls, Consular agents and interpreters-translators, with Prefects.
'The Consuls must be officials of the Portuguese Government and not merchants. The Chinese Government will make no objection in case the Portuguese Government should deem it unnecessary to appoint an official Consul at any port and choose to entrust a Consul 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 con- cerning commerce and navigation, such as any reduct on in the duties of 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 subjects. If any concession is granted by the Chinese Government to any foreign Government under special conditions, Portugal, on claim- ing the same concession for herself and for her own subjects, will equally assent to the conditions attached to it.
Art XI.-Portuguese subjects are allowed to reside at, or frequent, the ports of China opened to foreign commerce and there carry on trade or employ themselves freely. 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 tarifft of 1858, adopted for all the other nations; and in no instance shall higher duties be exacted from then than those paid by the subjects of any other foreign nation.
Art. XIII.-Portuguese subjects are permitted to hire any descrition 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, aud employ them in any lawful capacity in China, without restraint 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 rotection 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 autho- 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 open 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 atter due notice given by the proprietors to the local authority. 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 al owed to proceed and no oposition 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 any offence against the law, he shall be handed over to the nearest Consul of Poringid 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 com elled 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 tle 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 lauded, 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, within 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 exact. d.
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 tonuage dues; Lut 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 Chin, 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 rom the consignee, being liable to a penalty roportionate to the amount receive 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 h urs after the arrival of the ship, the captain shall be subject to a fine of fity 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 wh ch the cargo shall be minutely and truthfully described, subject to a fine of five hundred 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 livery 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 Custos 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 upo: 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.-Portuguese 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 goods shipped or landed shall be liable to confiscation.
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 Superintendent of Customs will grant her a certificate and the Consul will returu 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 three merchants to examine them, and the highest offer made by any of the said merchants to buy the goods will be considered as their just value.
Art. XXXIII.-Duties will be paid on the net weight of every 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 tare of each of the packages separately, and the average tare resulting therefrom will be adopted for the whole parcel.
In case of any doubt or dispute not mentioned herein, the Portuguese merchant may appeal to the Consul, who will refer the case to the Superintendent of Customs; this officer will act in such a manner as to settle the question amicably. The appeal, however, will only be entertainel if made within the term of twenty-four hours; and in such a case no entry is to be made in th› 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 indicated in the clause of this Treaty with respect to duties payable on merchandise ad valorem.
Art. XXXV.-Any Portuguese merchant who, having imported foreign goods into one of the open ports of China and paid the proper duties thereon, may wish to re-export them to another of the said ports, will have to send to the Superintendent of Customs an account of them, who, to avoid trand, will direct his officers to examine whether or not the duties have been paid, whether the same have been entered on the books of the Customs, whether they retain their original markets, and whether the en- tries agree with the account sent in. Should everything be found correct, the same will be stated in the export permit together with the total amount of duties paid, and all these particulars wil 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, upon examination, they are found to be the identical goods; but if during the ex- amination any fraud be detecte 1, 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 cereals 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 smuggling.
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 already 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- suips.
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 ani 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 tho3 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 Article XIX., to enter into other ports, or to carry on a clandestine trade on the coast of Chia, a wl the tran-gressor of this or ter shall be subject to confiscation of his 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-house, 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 authorities, who may send the ships away from the port, after settlement of all her accounts, and prohibit her to continue to trade.
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 on their applying to the Portuguese Consul; and likewise the Portuguese criminals who take refuge in China shall be arrested and delivered to the Portuguese authorities on their applying to the Chinese authorities; and by neither of the parties shall the crininals 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 Treats, 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.
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 Portuguese 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 authorities must report such acts to the Portuguese Consul in order that the guilty may be tried according to the laws of Portugal. I from
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Art. XLIX. If any Chinese subject shall have become indebted to a Portuguese subject and wi'hholds pavment, or fraudulently absconds from his 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 subjec's.
Art. L.-Whenever any Portuguese subject shall have to petition the Chinese authority of a district, he is to subunit 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 lav 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 efficacions 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 he 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 ra'ifications 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 bave 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 to the Chinese date of the seventeenth day of the tenth moon of the thirteenth year of Kwang-Sü.
[L.S.] [Chinese Seal]
(Signed)
Signatures of the Chinese Plenipotentiaries.
THOMAS DE SOUZA ROZA.
CONVENTION
Prince CH'ING.
SUN-IU-UEN.
It having been stipulated in the Art. IV. of the Treaty Amity of and Commerce, concluded between Portugal and China on the 1st day of the month of December,
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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 rovenne 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 Ching, 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. 1.-Portugai will enact a law subjecting the opium trade of Macao to the following provisions:-
→→→Ño 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 Superinten·lent
4. The importers and exporters of opium in Macao must keep a register, accord- ing to the form furnished by the Government, showing with exactness and clearness the quantity of opin they have imported, the number of chests they have 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 opinın 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 adoptel in Hongkong for similar purposes.
Art. II.-Permits for the exportation of opium rom Macao into Chinese por‹s, 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 to the Chinese date of the seventeenth day of the tenth moon of the thirteenth year of Kwang-Sü.
[L.S.] (Signed) THOMAS DE SOUZA Roza. [Chinese Seal]
Signature of the Chinese Plenipotentiaries.
Prince CH'ING.
SUN-IU-UEN.
AGREEMENT
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 convenient to come to an understanding upon some points relating to the said co-operation as well as to fixed 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 autuorized by His Excellency Thomas de Sonza 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 ou Chinese territory, for the sale of opium duty certificates, to be freely sold to merchants UNIVERSITY OF MICHIGAN
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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.
2. Opium accompanied by such certificates, at the rate of not more than 110 Taels per picul, shall be free from all other imposts of every sort, and have all the benefits stipulated for by the 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 Customs 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 point decision.
4-Junks trading between Chinese ports and Macao, and their cargoes, shall not be subject to any dues or duties in excess of tose leviable on junks ani their cargoes trading between Chinese ports and Hongkong, and no dues whatsoever shall be de- manded from junks proceeding to Macao from ports of Chin, or coming from Macao to ports in China, over and above the dues paid, or payable, at the ports of clearance or destination. Chinese produce which has paid Customs duties and Likin tax before entering Macac may be re-exported from Macao to Chinese ports without paying Customs duties aud Likin tax again, and will be only subject to the payment of the tax named Siao-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.
(Signed)
(Signed)
BERNARDO PINHEIRO CORREA DE MELLO.
Secretary of the Special Mission of His Most Faithful Majesty.
SIR ROBERT HART,
Inspector-General of Chinese Imperial Maritime Customs.
JAPAN
TREATY OF PEACE BETWEEN JAPAN AND CHINA
SIGNED AT SHIMONOSEKI (BAKAN), Japan, on tHE 17TH APRIL, 1895
Ratifications Exchanged at Chefoo, China, on the 8th May, 1895
His Majesty the Emperor of Japan, and His Majesty the Emperor of China, desiring to restore the blessings of peace to their countries, and subjects, and to remove all cause for future complications, have named as their Plenipotentiaries for the
purpose of concluding a Treaty of Peace, that is to say:-
His Majesty the Einperor of Japan, Count Ito Hirobumi, Junii, Grand Cross of the Imperial Order of Paullownia, Minister-Presi·lent of State, and Viscount Mutsu Munemitsu, Junii, First Class of the Imperial Order of the Sacred Treasure, Minister of State for Foreign Affairs;
And His Majesty the Emperor of China, Li Hung-chang, Senior Tutor to the Heir Apparent, Senior Grand Secretary of State, Minister Superintendent of Trade for the Northern Ports of China, Viceroy of the Province of Chihli, and Earl of the First Rank, and Li Ching fong, ex-Minister of the Diplomatic Service of the Second Official Rank;
Who, after having exchanged their full powers, which were found to be in good and proper form, have agreed to the following Articles:-
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Art. I.-China recognizes definitely the full and complete independence and autonomy of Corea, and, in consequence, the payinent of tribute and the perform- ance of ceremonies and formalities by Corea to China in derogation of such independ- ence and autonomy shall wholly cease for the future.
Art. II.-China cedes to Japan in perpetuity and full sovereignty the follow- ing territories, together with all fortifications, arsenals, and public property thereon:- (a.) The southern portion of the Province of Fêng-tien, within the following boundaries-
The line of demarcation begins at the mouth of the River Yalu, and ascends that stream to the mouth of the River An-ping; from thence the line runs to Fêng Huang; from thence to Haich ng; from thence to Yin: Kow, forming a line which describes the southern portion of the territory. The places above named are included in the ceded territory. When the line reaches the River Liao at Ying Kow it follows the course of that stream to its mouth, where it terminates. The mid-channel of the
River Liao shall be taken as the line of demarcation.
This cession also includes all islands appertaining or belonging to the Province of Fêng Tien situated in the eastern portion of the Bay of Liao Tung, and in the northern part of the Yellow Sea.
(b.) The Island of Formosa, together with all islands appertaining or belonging to the said Island of Formosa.
(c.) The Pescadores Group, that is to say, all islands lying between the 119th and 120th degrees of longitude eist of Gree wich and the 23rd and 24th degrees of
north latitude.
Art. III. The alignments of the frontiers described in the preceding Article, and shown on the annexed map, shall be subject to verification and demarcation on the spot by a Joint Commission of Delimitation, consisting of two or more Japanese and two or more Chinese Delegates, to be appointed immediately after the exchange of the ratifications of this Act. In case the boundaries laid down in this Act are found to be defective at any point, either on account of topography or in consideration of good administration, it shall als› be the duty of the Delimitation Commission to rectify the same.
The Delimitation Commission will enter upon its duties as soon as possible, and will bring its labours to a conclusion within the period of one year after appointment. The alignments laid down in this Act shall, however, be maintained until the rectifications of the Delimitation Commission, if any are made, shall have received the approval of the Governments of Japan and China.
Art. IV.-China agrees to pay to Japan as a war imdemnity the sum 200,000,000 Kuping taels. The said sum to be paid in eight instalments. The first instalment of 50,000,000 taels to be paid within six months, and the second instalment of 50,000,000 taels to be paid within twelve months after the exchange of the ratifications of this Act. The remaining sun to be paid in six equal annual instalments as follows: the first of such equal annual instalments to be paid within two years, the second with in three rears, the third within four years, the fourth within five years, the fifth within six years, and the sixth within seven years after the exchange of the ratifications of this Act. Interest at the rate of 5 per cent. per annum shall begin to run on all unpaid portions of the said indemnity from the date the first instalment falls due.
China shall, however, have the right to pay by anticipation at any time any or all of said instalments. In case the whole amount of the said indemnity is paid within three years after the exchange of the ratifications of the present Act, all interest shall be waived, and the interest for two years and a-half, or for any less period if then already paid, shall be included as a part of the principal amount of the indemnity.
Art. V. The inhabitants of the territories ceded to Japan who wish to take up their residence outside the ceded districts shall be at liberty to sell their real property and retire. For this purpose a period of two years from the date of the exchange of the ratifications of the present Act shall be granted. At the expiration of that
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period those of the inhabitants who shall not have left such territories shall, at the option of Japan, be deemed to be Japanese subjects.
Each of the two Governments shall, immediately upon the exchange of the ratifications of the present Act, send one or more Commissioners to Formosa to effect a final transfer of that province, and within the space of two months after the exchange of the ratificatious of this Act such transfer shall be completed.
Art. VI. -All Treaties between Japan and China having come to an end in consequence of war, China engages, immediately upon the exchange of the ratifica- tions of this Act, to app int Plenipotentiaries to conclude with the Japanese Pleni- potentiaries a Treaty of Commerce and Navigation, and a Convention to regulate frontier intercourse and trade. The Treaties, Conventions, and Regulatious, now subsisting between China and European Powers shall serve as a basis for the said Treaty and Convention between Japan and China. From the date of the exchange of the ratifications of this Act until the said Treaty and Convention are brought into actual operation the Japanese Government, its officials, commerce, navigation, frontier intercourse ani trade, industries, ships and subjects, shall in every respect be accorded by China most favoure !-nation treatment.
China makes, in addition, the following concessions, to take effect six months after the date of the present Act:-
1. The following cities, towns, and ports, in aldition to those already openeã shall be opened to the trade, residence. industries, an manufactures of Japanese subjects under the same conditions, and with the sam privileges and facilities as exist at the present open cities, towns, and ports of China.
(1.) Shashih, in the Province of Hupeh.
(2.) Chung King, in the Prov.nce of Szechuan, (3.) Suchow, iu the Province of Kiang Su.
(4.) Hangchow, in the Province of Chekiang.
The Japanese Government shall have the right to station Consuls at any or all of the above-named places.
2. Steam navigation for vessels under the Japanese flag for the conveyance of passengers and cargo shall be extended to the following places:--
(1.) On the Upper Yangtsze River, from Ichang to Chung King.
(2.) On the Woosung River, and the Canal, from Shanghai to Suchow and Hangchow.
The Rules and Regulations which now govern the navigation of the inland waters of China by foreign vessels, shall, so far as applicable, be enforced in respect of the above-named routes, until new Rules and Regulations are conjointly agreed to.
3. Japanese subjects purchasing goods or produce in the interior of China or transporting imported merchandise into the interior of China, shall have the right temporarily to rent or hire warehouses for the storage of the articles so purchased or transported, without the payment of any taxes or exactions whatever.
4. Japanese subjects shall be free to engage in all kinds of manufacturing industries in all the open cities, towns, and ports of China, and shall be at liberty to import into China all kinds of machinery, paying only the stipulated import duties thereon.
All articles manufactured by Japanese subjects in China, shall in respect of inland transit and internal taxes, duties, charges, and exactions of all kinds and also in respect of warehousing and storage facilities in the interior of China, stand upon the same footing and enjoy the same privileges and exemptions as merchandise imported by Japanese subjects into China.
In the event additional Rules and Regulations are necessary in connection with these concessions, they shall be embodied in the Treaty of Commerce and Naviga- tion provided for by this Article.
Art. VII. Subject to the provisions of the next succeeding Article, the evacua tion of China by the armies of Japan, shall be completely effected within three months after the exchange of the ratifications of the present, Actal from
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Art. VIII.-As a guarantee of the faithful performance of the stipulations of this Act, China consents to the temporary occupation by the military forces of Japan, of Wei-hai.wei, in the Province of Shantung.
Upon the payment of the first two instalments of the war indemnity herein stipulated for and the exchange of the ratifications of the Treaty of Commerce and Navigation, the said place shall be evacuated by the Japanese forces, provided the Chinese Government consents to pledge, under suitable and sufficient arrangements, the Customs Revenue of China as security for the payment of the principal and interest of the remaining instalments of said indemnity. In the event no such arrangements are concluded, such evacuation shall only take place upon the payment of the final instalment of sail indemnity.
It is, however, expressly understood that no such evacuation shall take place until after the exchange of the ratifications of the Treaty of Commerce and Navigation.
Art. IX.-Immediately upon the exchange of the ratifications of this Act, all prisoners of war then held shall be restored, and China undertakes not to ill-treat or punish prisoners of war so restored to her by Japan. China also engages to at once release all Japanese subjects accused of being military spies or charged with any other military offences. China further engages not to punish in any manuer, nor to allow to be punished, those Chinese subjects who have in any manner been compromised in their relations with the Japanese army during the war.
Art. X.-All offensive military operations shall cease upon the exchange of the ratifications of this Act.
Art. XI. The present Act shall be ratified by their Majesties the Emperor of Japan and the Emperor of China, and the ratifications shall be exchanged at Chefoo on the eighth day of the fifth month of the twenty-eighth year of Meiji, corresponding to fourteenth day of the fourth month of twenty-first year of Kuang Hsü.
In witness whereof, the respective Plenipotentiaries have signed the same and have aaffixed thereto the seal of their arms.
Done at Shimonoseki, in duplicate, this seventeenth day of the fourth month of the twenty-eighth year of Meiji, corresponding to twenty-third of the third month of the twenty-first year of Kuang Hsü.
(L.B.)
(L.S.)
(L.8.)
(L.8.)
Count ITO HIROBUMI, Junii, Grand Cross of the Imperial Order of Paullownia, Minister-President of State, Plenipotentiary of this Majesty the Emperor of Japan.
Viscount
MUTSU MUNEMITSU, Junii, First Class of the Imperial Order of the Sacred Treasure, Minister of State for Foreign Affairs, Plenipotentiary of His Majesty the Emperor of Japan. LI HUNG-CHANG, Plenipotentiary of His Majesty the Emperor of China, Senior Tutor to the Heir Ap- parent, Senior Grand Secretary of Northern Ports of China, Viceroy of the Province of Chihli, and Farl of the First Rank.
LI CHING-FONG, Plenipotentiary of His Majesty the Emperor of China, Ex-Minister of the Diplomatic Service, of the Second Official kank. UNIVERSITY OF MICHIGAN
THE LIAOTUNG CONVENTION
SIGNED AT Peking, 8th NOVEMBER, 1895
His Majesty the Emperor of China and His Majesty the Emperor of Japan, desiring to conclude a Convention for the retrocession by Japan of all of the Southern portion of the province of Feng-tien to the Sovereignty of China, have for that purpose nained as their Plenipotentiaries, that is to say:-
His Majesty the Emperor of China, Li Hung-chang, Minister Plenipotentiary, Senior Tutor of the Heir Apparent, Senior Grand Secretary of Stat and Earl of the First Rank, and His Majesty the Emperor of Japan, Baron Hayashi Tadasu, Shoshü Grand Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary; who, after naving communicated to each other their Full Powers, which were found to be in good and proper form, have agreed upon the following Articles:-
Art. I.-Japan retrocedes t China in perpetuity and full sovereignty the Southern portion of the province of Feng-tien, which was ceded to Japan under Article II. of the Treaty of Shimonoseki on the 23rd day of the 3rd month of the 21st year of Kuang Hsu, corresponding to the 17th day of the 4th month of the 28th year of Meiji, together with all fortifications, arsenals, and public property thereon at the time the retroceded territory is completely evacuated by the Japanese forces in accordance with the provisions of Article III. of this Convention, that is to may, the Southern portion of the province of Feng-tien from the mouth of the River Yalu to the mouth of the River An-ping, thence to Feng Huang Ch'ên, thence to Hai Chiêng and thence to Ying K'ou; also all cities and towns to the south of this boundary and all islands appertaining or belonging to the province of Feng Tien situated in the Eastern portion of the Bay of Liao Tung and in the Northern pait of the Yellow Sea.
Article III. of the said Treaty of Shimonoseki is in consequence suppressed, as are also the provisions in the same Treaty with reference to the conclusion of a Convention to regulate frontier intercourse and trade.
Art. II.-As compensation for the retrocession of the Southern portion of the province of Feng Tien, the Chinese Government engage to pay to the Japanese Government 30,000,000 Kupidg Taels on or before the 30th day of the 9th month of the 21st year of Kuang Hsü, corresponding to the 16th day of the 11th month of the 28th year of Meiji (November 16th, 1895).
Art. III. Within three months from the day on which China shall have paid to Japan the compensatory indemnity of 30,000,000 Kuping Tals provided for in Article II. of this Convention, the retroceded territory shall be completely evacuated by the Japanese forces.
Art. IV.-China engages not to runish in any manner nor to allow to be punished those Chinese subjects who have in any manner been compromised in convection with the occupation by the Japanese forces of the retroceded territory.
Art. V. The present Convention is signed in duplicate in the Chinese, Japanese, and English languages. All these texts have the same meaning and intention, but in case of any differences of interpretation between the Chinese and Japanese texts, such differences shall be decided by reference to the English text.
Art. VI. The present Convention shall be ratified by His Majesty the Emperor of China and His Majesty the Emperor of Japan and the ratifications thereof shall be exchanged at Peking within twenty-one days from the present date.
In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seals of their arms.
Done at Peking this twenty-second day of the ninth month of the twenty-first year of Kuang Hsu. corresponding to the eighth day of the eleventh month of the twenty-eighth year of Meiji (November 8th, 1895).
[L.S.] [L.S.]
Dynem by
LI HUNG-CHANG
Baron Hayashi Tadasu
TREATY OF COMMERCE AND NAVIGATION
MADE AT PEKING, JULY 21st, 1896
His Majesty the Emperor of Japan and His Majesty the Emperor of China, having resolved, in pursuance of the provisions of Article VI. of the Treaty signed at Shimonoseki on the 17th day of the 4th month of the 28th year of Meiji, corresponding to the 23rd day of the 3rd month of the 21st year of Kwang-hsū, to conclude a Treaty of Commerce and Navigation, have for that purpose, named as their Plenipotentiaries, that is to say:-
His Majesty the Emperor of Japar, Baron Hayashi Tadasu, Shoshii, Grand Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary; and His Majesty the Emperor of China, Chang Yin-hoon, Minister of the Tsung-li Yamên, holding the rank of the President of a Board and Senior Vice-President of the Board of Revenue.
Who, after having communicated to each other their Full Powers, found to be in good and due form, have agreed upon and concluded the following Articles.
Art. I.-There shall be perpetual peace and friendship between His Majesty the Emperor of Japan and His Majesty the Emperor of China, and between their respective subjects who shall enjoy equally in the respective countries of the High Contracting Parties full and entire protection for their persons and property.
Art. II.-It is agreed by the High Contracting Parties that His Majesty the Emperor of Japan may, if he see fit, accredit a Diplomatic Agent to the Court, of Peking and His Majesty the Emperor of China iuay, if he see fit, accredit a Diplomatic Agent to the Court of Tokyo.
The Diplomatic Agents thus accredited shall respectively enjoy all the pre- rogatives, privileges and immunities accorded by international law to such Agents and they shall also in all respects be entitled to the treatment extended to similar Agents of the most favoured nation.
Their persons, families, suites, establishments, residences and correspondence shall be held inviolable. They shall be at liberty to select and appoint their own officers, couriers, interpreters, servants, and atten lants without any kind of molestation.
Art. III.His Majesty the Emperor of Japan may appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents to reside at such of the ports, cities, and towns of China which are now or may hereafter be opened to foreign residence and trade, as the interests of the Empire of Japan may require.
These officers shall be treated with due respect by the Chinese Authorities, and they shall enjoy all the attributes, authority, jurisdiction, privileges and immunities which are or may hereafter be extcuded to similar officers of the nation most favoured in these respects.
His Majesty the Emperor of China may likewise appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents to reside at any or all of those places in Japan where Consular Officers of other nations are now or may hereafter be admitted, and, saving in the matter of jurisdiction in respect of Chinese subjects and property in Japan which is reserved to the Japanese Judicial Courts, they shall enjoy the rights and privileges that are usually accorded to such officers.
Art. IV. Japanese subjects may, with their families, employés and servants, frequent, reside and carry on trade, industries and manufactures or pursue any other lawful avocations, in all the ports, cities and towns of China, which are now or may
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hereafter be opened to foreign residence and trade. They are at liberty to proceed to or from any of the open ports with their merchandise and effects, and within tho localities at those places which have already been or may hereafter be set apart for the use and occupation of foreigners, they are allowed to rent or purchase houses, rent or lease land and to build churches, cemeteries and hospitals, enjoying in all respects the same privileges and immunities as are now or may hereafter be granted to the subjects or citizens of the most favoured nation.
Art. V.-Japanese vessels may touch for the purpose of landing and shipping passengers and merchandise, in accordance with the existing Rules and Regulations concerning foreign trade there, at all those places in Chica which are now ports of call, namely, Ngan-ching, Ta-tung, Hu-kow, Wu-such, Lu-chi-kow and Woosung and such other places as may hereafter be made ports of call also. If any vessel should unlawfully enter ports other than open ports and ports of call in China or carry on clandestine trade along the coast or rivers, the vessel with her cargo shail be subject to confiscation by the Chinese Government.
Art. VI.-Japanese subjects may travel, for their pleasure or for purposes of trade, to all part of the interior of China, under passports issued by Japanese Consuls and countersigned by the Local Authorities. These passports, if deinan .ed, must be produced for examination in the localities passed through. If the passports be not irregular, the bearers will be allowed to proceed and no opposition shall be offered to their hiring of persons, animals, carts or vessels for their own conveyance or for the carrige of their personal effects or merchandise. If they be without passports or if they commit any offence against the law, they shall be handed over to the nearest Consul or punishment but they shall only be subject to necessary restraint and in no case to ill-usage. Such passptors shall remain in force for a period of 13 Chinese months from the date of issue. Any Japanese subject travelling in the interior without a passport shall be liable to a fine not exceeding 300 Taels. Japanese sub- jects may, however, without passports go on excursions from any of the ports open to trade, to a distance not exceeding 100 Chinese li aud for a period not exceeding five days. The provisions of this Article do not apply to crews of ships.
Art. VII.-Japanese subjects residing in the open ports of China may take into their service Chinese subjects and employ them in any lawful capacity without restraint or hindrance from the Chinese Government or Authorities.
Art. VIII.-Japanese subjects may hire whatever boats they please for the conveyance of cargo or passengers and the sun to be paid for such boats shall be settled between the parties themselves, without the interference of the Chinese Government or Officers. No limit shall be put upon the number of boa's, neither shall a monoply, in respect either of the boats or of the porters or coolies engaged in carrying goods, be granted to any parties. If any smuggling takes place in them the offenders will of course be punished according to law.
Art. IX.-The Tariffs and Tariff Rules now in force between China and the Western Powers shall be applicable to all articles upon importation into China by Japanese subjects or from Japan, or upon exportation from China by Japanese subjects or to Japan. It is clearly understood that all articles, the importation or exportation of which is not expressly limited or prohibited by the Tariffs and Tariff Rules existing between China and the Western Powers, may be freely imported into and export d from China, subject only to the payment of the stipulated import or export duties. But in no case shall Japanese subjects be called upon to pay in China other or higher import or export duties than are or may be paid by the subjects or citizens of the most favoured nation; nor shall any article imported into China from Japan or exported from China to Japan, be charged upon such importation or exportation, other or higher duties than are now or may hereafter be imposed in China on the like article when imported from or exported to the nation most favoured in those respects.
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and exactions of every nature and kind whatsoever, irrespective of the nationality of the owner or possessor of the articles, or the nationality of the conveyance or vessel in which the transportation is made.
Art. XI.-It shall be at the option of any Japanese subject desiring to convey duly imported articles to an inland market, to clear his goods of all transit duties by payment of a commutation transit tax or duty, equal to one-half of the import duty in respect of dutiable articles, and two and half per cent. upon the value in respect of duty free articles; and on payment thereof a certificate shall be issued which shall exempt the goods from all further inland charges whatsoever.
It is understood that this Article does not apply to imported Opium. Art. XII.-All Chinese goods and produce purchased by Japanese subjects in China elsewhere than at an open port thereof and intended for export abroad, shall in every part of China be freed from all taxes, imposts, duties, lekin, charges and exactions of every nature and kind whatsoever, saving only export duties when exported, upon the payment of a commutation transit tax or duty calculated at the rate mentioned in the last preceding Article, substituting export duty for import duty, provided such goods and produce are actually exported to a foreign country within the period of 12 months from the date of the payment of the transit tax. All Chinese goods and produce purchased by Japanese subjects at the open ports of China and of which export to foreign countries is not prohibited, shall be exempt from all internal taxes, imposts, duties, lekin, charges and exactions of every nature and kind whatsoever, saving only export duties upon exportation, and all articles purchased by Japanese subjects in any part of China, may also, for the purposes of export abroad, be transported from open port to open port subject to the existing Rules and Regulations.
Art. XIII.-Merchandise of a bonâ fide foreign origin, in respect of which full import duty shall have been paid, may at any time within three years from the date of importation, be re-exported from China by Japanese subjects to any foreign country, without the payment of any export duty, and the re-exporters shall, in addition, be entitled forthwith to receive from the Chinese Customs drawback certi- ficates for the amount of import duty paid thereon, provided that the merchandise remains intact and unchanged in its original packages. Such drawback certificates shall be immediately redeemable in ready money by the Chinese Customs Authorities at the option of the holders thereof.
Art. XIV. The Chinese Government consents to the establishment of Bonded Warehouses at the several open ports of China. Regulations on the subject shall be made hereafter,
Art. XV.-Japanese merchant vessels of more than 150 tons burden, entering the open ports of China, shall be charged tonuage dues at the rate of 4 mace per registered ton; if of 150 tons and under, they shall be charged at the rate of 1 mace per registered ton. But any such vessel taking its departure within 48 hours after arrival, without breaking bulk, shall be exempt from the payment of tonnage dues.
Japanese vessels having paid the above specified tonnage dues shall thereafter be exempt from all tonnage dues in all the open ports and ports of call of China, for the period of four months from the date of clearance from the port where the pay ment of such tonnage dues is made. Japanese vessels shall not, however, be required to pay tonnage dues for the period during which they are actually undergoing repairs in China.
No tounage dues shall be payable on small vessels and boats employed by Japanese subjects in the conveyance of passengers, baggage, letters, or duty-free articles between any of the open ports of China. All small vessels and cargo boats, however, conveying merchandise which is, at the time of such conveying, subject to duty, shall pay tonnage dues once in four months at the rate of 1 mace per ton.
No fee or charges, other than tonnage dues, shall be levied upon Jay anese vessels and boats, and it is also understood that such vessels and boats shall not be required to pay other or higher tonnage ducs than the vessels and boats of the most favoured nation. UNIVERSITY OF MICHIGAN
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Art. XVI.-Any Japanese merchant vessel arriving at an open port of China 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 employ a pilot to take her out of port.
Art. XVII.-Japanese merchant vessels compelled on account of injury sustained or any other carse, to seek a place of refuge, shall be permitted to enter any nearest port of China, without being subject to the payment of tonnage dues or duties upon goods landed in order that repairs to the vessel may be effected, provided the goods so landed remain under the supervision of the Customs authorities. Should any such vessel be stranded or wrecked on the coast of China, the Chinese authorities stall immediately adopt measures for rescuing the passengers and crew and for securing the vessel and cargo. The persons thus saved shall receive friendly treatment, and, if necessary, shall be furnished with means of conveyance to the nearest Consular station. Should any Chinese merchant vessel be compelled on account of injury sustained or any other cause to seek a place of refuge in the nearest port of Japan, she shall likewise be treated in the same way by the Japanese authorities.
Art. XVIII.-The Chinese authorities at the several open ports shall adopt such means as they judge most proper to prevent the revenue suffering from fraud or smuggling.
Art. XIX.-If any Japanese vessel be plundered by Chinese 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 and restore the stolen property.
Art. XX.-Jurisdiction over the persons and property of Japanese subjects in China is reserved exclusively to the duly authorized Japanese authorities, who shall hear and determine all cases brought against Japanese subjects or property by Jap- anese subjects or by the subjects or citizens of any other Power, without the interven- tion of the Chinese authorities.
Art. XXI.-If the Chinese authorities or a Chinese subject make any charge or complaint of a civil nature against Japanese subjects or in respect of Japanese property in China, the case shall be heard and decided by the Japanese authorities. In like manner all charges and complaints of a civil nature brought by Japanese authorities or subjects in China against Chinese subjects or in respect of Chinese property, shall be heard and determined by the Chinese authorities.
Art. XXII.-Japanese subjects, charged with the commission of any crimes or offences in China, shall be tried and, if found guilty, punished by the Japanese authorities according to the laws of Japan.
In like manner Chinese subjects charged with the commission of any crimes or offences against Japanese subjects in China, shall be tried and, if found guilty, punished by the Chinese authorities according to the laws of China.
Art. XXIII.--Should any Chinese subject fail to discharge debts incurred to a Japane-e subject or should he fraudulently abscond, the Chinese authorities will do their utmost to effect his arrest, and enforce recovery of the debts. The Japanese Authorities will likewise do their utmost to bring to justice any Japanese subject who fraudulently absconds or fails to discharge debts incurred by him to a Chinese subject.
Art. XXIV.-If Japanese subjects in China who have committed offences or have failed to discharge debts and fraudulently abscond, should flee to the interior of China or take refuge in houses occupied by Chinese subjects or on board of Chinese ships, the Chinese authorities shall, at the request of the Japanese Consul, deliver them to the Japanese authorities.
In like manner if Chinese subjects in China who have committed offences or have failed to discharge debts and fraudulently abscond, should take refuge in houses occupied by Japanese subjects in China or on board of Japanese ships in Chinese waters, they shall be delivered up at the request of the Chinese authorities made to the Japanese authorities.
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Art. XXV.-The Japanese Government and its subjects are hereby confirmed in all privileges, immunities and advantages conferred on them by the Treaty stipulations between Japan and China which are now in force; and it is hereby expressly stipu lated that the Japanese 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 Emperor of China to the government or subjects of any other nation.
Art. XXVI.-It is agreed that either of the High Contracting Parties may demand a revision of the Tariffs and of the Commercial Articles of this Treaty at the end of ten years from the date of the exchange of the ratifications; but if no such demand be made on either side and no such revision be effected within six months after the end of the first ten years then the Treaty and Tariffs, in their present form, 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 period of ten years.
Art. XXVII.-The High Contracting Parties will agree upon Rules and Regulations necessary to give full effect to this Treaty. Until such Rules and Regulations are brought into actual operation the Arrangements, Rules and Regulations subsisting between China and the Western Powers, so far as they are applicable and not inconsistent with the provisions of this Treaty, shall be binding between the Contracting Parties.
.
Art. XXVIII.-The present Treaty is signed in the Japanese, Chinese and English languages. In order, however, to prevent future discussions, the Pleni- potentiaries of the High Contracting Parties have agreed upon that in case of any divergencies in the interpretation between the Japanese and Chinese Texts of the Treaty, the difference shall be settled by reference to the English Text.
Art. XXIX. The present Treaty shall be ratified by His Majesty the Emperor of China and His Majesty the Emperor of Japan, and the ratification thereof shall be exchanged at Peking not later than three months from the present date.
In Witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms.
Done at Peking this twenty-first day of the seventh month of the twenty- ninth year of Meiji, corresponding to the eleventh day of the sixth month of the twenty-second year of Kuang Hsü (July 21st, 1896).
[L.S.] [L.S.]
CHANG YIN-HOON.
HAYASHI Tadasu.
PROTOCOL REGARDING NEW PORTS
MADE AT PEKING, 19TH OCTOBER, 1896
Baron Hayashi Tadasu, Envoy Extraordinary and Minister Plenipotentiary_of His Majesty the Emperor of Japan, and the Minister of Foreign Affairs of His Majesty the Emperor of China have agreed upon the following stipulations supple- mentary to the Treaty of Commerce and Navigation :-
Art. I.-It is hereby agreed that special Japanese settlements shall be formed at the places newly opened to commerce, and that affairs relating to roads and police shall be under the control of the Japanese Consul.
Art. II.-Regulations with respect to steamers or ships owned or chartered by Japanese subjects at Suchow, Hangchow, and Shanghai shall be determined after conference with Japan, on the basis of the Provisional Regulations for the conduct of business by foreign merchants at those places, issued by the Shanghai Customs on August third of the twenty-second year of Kwang Hsü.
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Art. III.-The Government of Japan concedes the right of the Chinese Govern- ment to impose upon articles manufactured by Japanese subjects in China such a tax as may seem expedient, provided that the said tax shall not differ from, or exceed, the tax paid by Chinese subjects; and provided that the Chinese Govern- ment shall, when the Japanese Government so desires, immediately provide sites for the formation of special Japanese Settlements in Shanghai, Tientsin, Amoy, and Hankow.
Art. IV.-Instructions shall be issued in Sunfu, in Shantung, that no Chinese troops shall approach, or take possession of any position, within 5 Japanese ri, that is to say, about 40 Chinese li, of the limits of any positions held by Japanese forces in accordance with treaty stipulations.
The above Protocol shall be drawn up in the Chinese and Japanese languages and after comparison, the two copies shall be signed and sealed, each side taking one of the copies.
HAYASHI TADASU.
PRINCE KING.
[Signed]
29
YIN LU.
"
CHANG YIN-WHAN.
Nineteenth day, tenth month, twenty-ninth, year of Meiji; thirteenth day, ninth month, twenty-second year of Kuang Hsü. UNIVERSITY OF MICHIGAN
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 dominions, 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 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 to His Majesty the Emperor of China;
His Majesty the King of Corea, Min Yõng-mok, President of His Majesty's Foreign Office, a Dignitary of the First Rank, 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 powers, found in good and due form, have agreed upon and concluded the following Articles:-
Art. I.-There shall be perpetual peace and friendship between Her Majesty the Queen of the United Kingdom 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 aud property within the dominions 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 ofhces to bring about an amicable arrangement.
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-General, 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 country where they respectively reside, together with all other privileges and immunities, as are enjoyed by Diplomatic or Consular functionaries in other
countries.
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 snall 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 Corean 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. It 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 Corea shall be tried and punished by th: British Judicial authorities according to the laws of Great Britain. 5.--A Corean subject who commits in Corea 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 Regulation that may 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 seized by the Corean authorities at an open port, shall be put under the seals of the Corean and the British Consular authorities 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.
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 allowed 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 arrested 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 on 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), Wonsan (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, shall 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 ground 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.
to
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 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 watter 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 ender 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 authorties of the two countries.
Art. V. At each of the ports or places open to Foreign trade, British subjects shall be at full liberty 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
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
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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- veyance 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 foot 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 beacous 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 landing 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.-Any 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, und 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 bodies 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
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4.-No charge shall be made by the Government of Cores 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 Corea Government.
5.-Any British merchant ship compelled by stress of weather or by want of fuel or provisions to enter an unopened port in Corca 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 all the ports of the other. 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 duties 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 custody of a British officer, without the pay- ment of any duty. But if any such supplies are sold, the purchaser shall pay the proper duty to the Corean authorities.
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, interpreters, 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 or 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 Antho- 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 (Soul) 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.
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Done in triplicate at Hanvang, 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 Hsü.
[L.8.] [L.8.]
HARRY S. Parkes.
MIN YONG-MOK.
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 Customs authorities the receipt of the British Consul showing that he has deposited the ship's papers at the British Consulate, and he shall then make an entry of this ship by handing in a written paper stating the name of the ship, of the port from which she comes, of her master, the number, and, if required, the names of her passengers, her tonnage, and the number of her crew, which paper shall 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 forth the marks and numbers of the packages and their contents as they are described in the bills of lading, with the names of the persous 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 Mexican 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 banded 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 master who shall neglect to enter his vessel 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 hours 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 hatches, also any vessel driven into port by stress of weather, or only in want of supplies, shall not be required to enter or pay tonnage dues so long as such vessel does not engage in trade.
C.-When the master of a vessel wishes to clear, he shall hand in to the Customs authorities an export manifest containing similar particulars 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. These documents must be handed into the Consulate before the ship's papers are returned to the master.
6.-Should any ship leave the port without clearing outwards 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-
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chandise. If it is not produced, or if its absence is not satisfactorily accounted for, the owner shall be allowed to laud 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 merchandise, 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 te 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 o. 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.-Upou 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 tees for the extra duty thus performed.
7.-Claims by importers or exporters for duties paid in excess, or by the Customs authorities for duties whiou have not been fully paid, shall be entertained only when made within thirty days from the date of payment.
8.-No eutry 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 Autho 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 snip 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 UNIVERSITY OF MICHIGAN
Bytom by Google
PROTOCOL TO TREATY BETWEEn great bRITAIN AND COREA
131
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 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 probibited 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 fin- not exceeding two hundred Mexican dollars.
5-Any violation of any provision 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 Trenty, it is hereby declared that the right of extra-territorial jurisdiction over British subjects in Corea granted by this Treaty shall be relinquished when, in the judgment of the British Goverument, the laws and legal procedure of Coren shall have been so far modified and reformed us 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 Ésü.
[L.8.] [L.S.]
Digitized by Googl:
HARRY S. PARKES.
MIN YONG-MOK.
Original 5*
132
COREAN TARIFF
IMPORTS
Ad valorem
No.
ARTICLE.
Rate of Duty. Per cent.
No.
1 Agricultural implements
Free
52
Fans, all kinds
2 Alum
3
Amber
4
Anchors and chains
5
5
53
ARTICLE.
Feathers, all kinds
•
Ad valorem Rate of Duty. Per cent.
20 54
Felt
5 55
Fire engines
Arms, ammunition, fire-arms, fowling- pieces, or sidearms imported under special permit of the Corean Govern-
56
Fireworks
57
Fish, fresh
58
dried and salted
ment for sporting purposes or for self- defence
59
Flax, hemp, and jute...
20
60
Flints
6
Artificial flowers
20
61
Floor rugs,
all kinds
7 Bamboo, split or not
5
62
Flour and meal, all kinds
8
Bark for tanning
9
Beans, peas, and pulse, all kinds
:
:
5
63
5
64
10
12
Birds' nests
13
14
Bones
15
Books, maps, and charts
16
Bricks and tiles
Beer, porter, and cider
11 Beverages, such as lemonade, ginger
beer, soda and mineral waters
Blankets and rugs
10
65
66
71 67
20 68
:.
741
1
5 69
Gamboge
Free 70
571
18
17 Bullion, being gold or silver refined
Buttons, buckles, hooks and eyes, &c. 19 Camphor, crude
Free
7 72
|
5
...
20
refined
"
21
Candles
22
Canvas
...
23
Carmine
10 73
***
7 74
Glue
7 75
10
76
...
24 Carpets of jute, hemp, or felt, patent
tapestry
25 Carpets, superior quality, as Brussels, Kidderminster, and other kinds not enumerated
26 Carpets, velvet
27 Carriages...
777
78
79
*
223
10
80
"
20 81 20
28
29
Cement, as Portland and other kinds Charcoal...
:
71
31
30 Chemicals, all kinds...
Clocks and parts thereof
32 Clothing and wearing apparel, all kinds,
hats, boots and shoes, &c.
33 Clothing and wearing apparel made
wholly of silk...
34 Coal and coke
35
36
Cochineal
Cocoons
T
37 Coins, gold and silver
784
10
85
86
787
Ivory, manufactured or not
10
838
88
40 Cordage and rope, all kinds and sizes..... 41 Cotton, raw .......
42 Cotton manufacture, all kinds... 43 Cotton and woollen mixtures, all kinds 44 Cotton and silk mixtures, all kinds 45 Cutlery, all kinds
46 Drugs, all kinds
***
47 Dyes, colours, and paints, paint oils, and materials used for mixing paints Earthenware
48
...
49 Embroideries in gold, silver, or silk
50 Enamel-ware
51 Explosives used for mining, &c., and imported under special permit
20
71
91
Free
92
38 Confectioneries and sweetmeats, all kinds 10 93 39 Coral, manufactured or not
20
91
...
Lanterns, paper.....
795 596
***
7
82 783
Foil, gold and silver
tin, copper, and all other kinds...
Fruit, fresh, all kinds
dried, salted, or preserved
Furniture of all kinds
...
Furs, superior, as sable, sea otter, seal,
otter, beaver, &c.
...
74
ខ្លះនឹងគឺខ្លះ ខ្លួន
71
Ginseng, red, white, crude, and clarified 20 Glass, window, plain and coloured, all
qualities
Glass, plate, silvered or unsilvered,
framed or unframed...
Glassware, all kinds...
***
Grain and corn, all kinds
*
:.
Grasscloth, and all textiles in hemp,
jute, &c.
...
Guano and manures, all kinds Hair, all kinds except human
human...
...
ornaments, gold and silver
Hides and skins, raw and undressed
"
"
tanned and dressed
Horns and hoofs all kinds not otherwise
provided for
Incense sticks
India-rubber, manufactured or not Isinglass, all kinds
Jade-ware
89 Jewellery, real or imitation
...
:
5 90 Kerosine, or petroleum, and other
mineral oils
...
Lacquered-ware, common
"
Lamps, all kinds
superior
Leather, all ordinary kinds, plain....
"
:
:.
:.
superior kinds, and stamped,
figured, or coloured...
7397 Leather manufactures, all kinds
***
798
7 99
7100
7
101
20
20
102
222
10
...
Lime ...
Linen, linen and cotton, linen and wool-
len mixtures, linen and silk mixtures,
all kinds
Matches
路
***
Matting, floor, Chinese, Japanese, coir,
&c., common qualities
Matting, superior qualities, Japanese
tatamis,""&c.
108 Meat, fresh...
***
...
74
jačõnad aa55
20
7
20
20
aõõ gandõ, 888-58
20
71
10
5
7}
:
:.
:
:
:
:
:
71
74
71
Free
20
5 71
5
No.
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- piates. quicksilver, nickel, platina, German silver, yellow metal, tuten- agne, or white copper, unrefined gold and silver
108 Metal manufactures, all kinds, as nails, screws, tools, machinery, railway plant,
and hardware...
109 Models of inventions
•
110 Mosquito netting, not made of silk...
111
"J
23
112 Musical boxes ...
made of silk
113 Musical instruments, all kinds 114 Mosk
115 Needles and pins
116
Oil-cake
117 Oils, vegetable, all kinds ... 118 Oil, wood (Tung-yu)...
:
:.
COREAN TARIFF
ARTICLE.
Ad valorem Rate of Duty. Per cent.
No.
71
5
ARTICLE.
138
Ad valorem Rate of Duty.
Per cent.
152 Silk manufactures, as gauze, crape, Japanese amber lustrings, satins, satin
damasks, figured satins, Japanese white silk ("habutai")
163 Silk manufactures not otherwise pro-
10
vided for
154
Silk thread and floss silk in skein...
10
155
Soap, common qualities
156
Soap, superior qualities
10
157
Soy, Chinese und Japanese
:
158
Spectacles
...
159 Spices, all kinds
20
•
74
160
Spirits, in jars
Fougeror
71
5
5
71
71
161
Spirits and liqueurs, in wood or bottle,
all kinds
20
7}
162
Stationery and writing materials, all
Free
kinds, blank books, &c.
...
71
71
163
Stones and slate, cut and dressed...
71
10
164
10
Sugar, brown and white, all qualities,
molasses, and syrups.......
71
10
165
Sugar candy
10
20
166
Sulphur
71
7}
167
Table stores, all kinds, and preserved
5
provisions
7
7
168
Tallow
:
:
71
5
169
Tea
7
119 Oil, and floor-cloth, all kinds...
71
170
Telescopes and binocular glasses
10
120 Packing bags, packing matting, tea-
171
Tobacco, all kinds and forms...
20
lead, and ropes for packing goods Free
172
Tortoise shell, manufactured or not
20
121 Paper, commone qualities
5
173
Tooth powder...
10
122
all kinds, not otherwise provided
174 Travellers' baggage.......
Free
for
7}
175
...
Trunks and portmanteaux
10
123 Paper, coloured, fancy, wall and hanging 124 Pearls
10
176
Twine and thread, all kinds, excepting
20
in silk
5
***
12 Pepper, unground...
177
Types, new and old
Free
126 Perfumes and scents
20
178
127 Photographic apparatus...
10
179
Umbrellas, paper
cotton
5
"
125 Pictures, prints, photographs, engrav-
inge, all kinds framed or unframed
180
Milk
"
:
:.
7
10
10
***
181
Umbrella frames
...
129 Fitch and tar
5
182
Varnish
***
130 Pianks, soft
7층
183
Vegetables, fresh, dried, and salted
131
hard
10
184
Velvet, silk...
20
132 Plants, trees and shrubs, all kinds
Free
185
Vermicelli
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
7}
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
139 Rattans, split or not
5
190
cloth...
139 Rhinoceros horns
20
191
...
14. Rosin
141 Saddlery and harness
142 Salt
***
143 Samples in reasonable quantities
144 Sapanwood
145 Scales and balances...
71
Wines in wood or bottle, all kinds 192 Wood or timber, soft
10
***
***
10
193
hard...
10
...
"
...
71
194
Wool, sheep's, raw...
Free
195
***
74 196
Woollen manufactures, all kinds Woollen and silk mixtures,
foffofe offofoof
5
71
71
5
all
5
kinds
7
146 Scented wood, all kinds
20
197
Works of art
20
...
147 Scientific instruments, as physical, ma- thematical, meteorological, and sur-
gical, and their appliances
Free
148 Seals, materials for.....
10
149 Sea products, as seaweed, bêche-de-mer,
&c.
74
150 Seeds, all kinds
5
DES
151 Silk, raw, reeled, thrown, floss or waste 7+
Dygen by Google
Yarns, all kinds, in cotton, wool hemp,
&c.
...
All unenumerated articles, raw or un-
manufactured .....
All unenumerated articles, partly manu-
factured
All unenumerated articles, completely
manufactured...
***
198
-
***
་་
5
...
7
10
134
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,
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.
saltpetre, gunpowder, guucotton, 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.
EXPORTS.
Counterfeit coins, all kinds.
Opium, except medicinal opium.
CLASS II.
All other native goods or productions not enumerated in Class I. will pay an ad valorem duty of five per cent.
bited.
RULES.
The exportation of red ginseng is prohi
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.8.]
HARRY S. PARKES.
MIN YONG-MOK, UNIVERSITY OF MICHIGAN
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
Ratifications 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 bona fide officials. No merchants shall be permitted to exercise the duties of the office, nor sball 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 as-ume 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 UNIVERSITY OF MICHIGAN
136
TREATY BETWEEN THE UNITED STATES AND COREA
that steps may be taken to send the crew home and 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 enjoy 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 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 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, stall 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, between citizens of the United States and subjects of His Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the two governments of the United States and Chosen that such case shall be tried by the proper official of the nationality of the defendant according to the law of that nation. 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 interests of justice. If he so desire he shall have the right to be present, 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 t'e purpose of traffic shall pay duties and tonnage dues and fees according to the customis 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 or 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. UNIVERSITY OF MICHIGAN
TREATY BETWEEN THE UNITED STATES AND COREA
187
United States merchant vessels entering the ports of Chosen shall pay tonnage dues at the rate of five mace per ton, payable once in three months on each vessel, according to the Chinese calendar.
Art. VI-Subjects of Chosen who may visit the United States shall be per- mitted to reside and to rent premises, purchase land, or to construct residences or warehouses in all parts of the country. They shall be freely permitted to pursue their various callings and avocations, and to traffic in all merchandise, raw and manufactured, 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 therein. They shall be freely permitted to pursue their various callings and avocations within the limits of the ports and to traffic in all merchandise, raw and manufactured, 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 sale or to proceed thither to purchase native produce, nor are they per- mitted to transport native produce from one open port to another open fort.
Violation of this rule will subject such merchandise to confiscation, and the merchants offending will be handed over to the consular authorities to be dealt with. Art. VII. The Governments of the United States and of Chosen mutually agree and undertake that subjects of Chosen shall not be permitted to import opium 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 traffic in it in Chosen. This absolute prohibition, which extends to vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, and to veɛsels owned by the citizens or subjects of either Power and employed by other persons for the transportation of opium, shall be enforce 1 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 States 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 and breadstuffs of ever description is prohibited from the open port of Yin-Chueu.
Chosen having of old pr..hibitel the exportation of red ginseng, if citizens o! the United States clandestinely purchase it for export it shall be confiscated and the offenders punished.
Art. IX. Purchase of cannon, small arms, swords, gunpowder, shot, and all munitions of war is permitted only to officials of the Government of 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 punished.
Art. X.-The officers and people of either nation residing in the other shall have the right to employ natives for all kinds of lawfui work.
Should, however, subjects of Chosen, guilty of violation of the laws of the king. dom, or against whom any action 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
188
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 merchauts or citizens of any ration 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.
Bytes by
B. W. SHUFeldt,
Commodore United States Navy, Envoy
of the United States to Chosen.
SHIN CHEY,
CHIN HONG CHI,
Members of the Royal Cabinet of Chosen. UNIVERSITY OF MICHIGAN
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 Japau 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-sô-Kwan, who, according to the powers received from their respective Govern- ments, have agreed upon and concluded the following Articles :-
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-sohan-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, o to get supplies of
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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 coasta 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 Government 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 counties.
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 aud 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 Plenipotentiarics of Japan and Chosen, have affixed our seals hereunto this twenty-sixth day of the secord month of the ninth year of Meiji, 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)
""
""
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KURODA KIyotaka. INOUYE KAOEU. SHIN KEN.
IN JI-SHO. Origina fron
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- jishô, 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, Gisheifudôshô, 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 laud 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 tɔ 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 port of Fusan, in determining them regard shall be had as to the distance there is to the cemetery already established at Fusan.
the
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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 Corea 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 Corea, 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 mouth 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,
Kòshoo Kwan, Gisheifudosho.
Bytes by
Google UNIVERSITY OF MICHIGAN
RUSSO-JAPANESE AGREEMENT REGARDING COREA
AGREEMENT AS TO COREA.
PROTOCOL.
[Translation]
The Secretary of State, Prince Lobanow Rostovsky, Minister of Foreign Affairs for Russia, and the Marshal Marquis Yamagata, Ambassador Extraordinary of his Majesty the Emperor of Japan, having exchanged views on the situation of Corea, have concluded the following articles :--
Art. I.-The Russian and Japanese Goverments, with the view of remedying the financial embarrassment of Corea, will advise the Coreau Government to suppress all useless expenditure and to establish an equilibrium between the expenses and the revenue. If, as the result of admittedly indispensable reforms, it should become necessary to have recourse to foreign loans, the two Governments will lend by mutual accord their assistance to Corea.
Art. II. The Russian and Japanese Governments will endeavour to leave to Corea, as soon as the financial and economical situation of that country will permit them to do so, the creation and maintenance of an armed forc and of a native police in sufficient proportions to maintain internal order without foreign aid.
Art. III. With the view of facilitating communications with Corea the Japanese Government will continue to administer the telegraph lines, which are at the present moment in its hands. Russia reserves the right to establish a telegraph line from Seoul to her own frontier. The different lines may be bought back by the Corean Government as soon as it has the means of doing so.
Art. IV. In the event of any of the principles herein set forth requiring a more precise and more detailed definition, or if other points should arise on which it would be neces ary for the two Governments to agree, their representatives shall be charged to consider the matter in a friendly sense. Done at Moscow, May 28th (June 9th), 1896.
LOBANOW. YAMAGATA.
The following Memorandum, drawn up in English, is attached to the Moscow Convention:-
MEMORANDUM.
The Representatives of Russia and Japan at Seoul, having conferred under the identical instructions from their respective Governments, have arrived at the follow- ing conclusions:
Art. I.-While leaving the matter of his Majesty the King of Corea's return to the palace entirely to his own discretion and judgment, the Representatives of Bussia and Japan will frien lly advise his Majesty to return to that place, when no doubts concerning his safety could be entertained.
The Japanese Representative on his part gives the assurance that the most complete and effective measures will be taken for the control of Japanese soshi,
Art. II. The present Cabinet Ministers have been appointed by his Majesty from his own free will, and most of them held Ministerial or other high offices during the last two years, and are known to be liberal and moderate men. The two Representa- tives will always aim at recommending to his Majesty to appoint liberal and moderate men as Ministers and to show clemency to his subjects.
Goog
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Art. III.-The Representative of Russia quite agrees with the Representative of Japan that at the present state of affairs in Corea it may be necessary to have Japanese guards stationed at some places for the protection of the Japanese telegraph line between Fusan and Seoul, and that these guards, now consisting of three com- panies of soldiers, should be withdrawn as soon as possible and replaced by gendarmes, who will be distributed as follows:-Fifty men at Taiku, fifty men at Kaheung, and ten men each at ten intermediate posts between Fusan and Seoul. This distribution may be liable to some changes, but the total number of the gendarmes force shall never exceed 200 men, who will afterwards gradually be with- drawn from such places where peace and order have been restored by the Corean Government.
Art. IV. For the protection of the Japanese settlements at Seoul and the open ports against possible attacks by the Corean populace two companies of Japanese troops may be stationed at Seoul, one company at Fusan and one at Gensan, each company not to exceed 200 men. These troops will be quartered near the settle- ments, and shall be withdrawn as soon as no apprehensions of such attack could be entertained.
For the protection of the Russian Legation and Consulates the Russian Govern- ment may also keep guards not exceo ling the number of Japanese troops at those places, and which will be withdrawn as soon as tranquility in the interior is completely restored.
Seoul, May 14th, 1896.
C. WAEBER, Representative of Russia. J. KOMURA, Representative of Japan.
RUSSO-JAPANESE AGREEMENT REGARDING COREA
PROTOCOL.
Baron Rosen, State Councillor, Chamberlain, Envoy Extraordinary and Minister Plenipotentiary of the Emperor of Russia, and Baron Nissi, Minister for Foreign Affairs of the Emperor of Japan, in order to give effect to Article IV. of the Protocol signed at Moscow on June 9, 1896, between Prince Lobanoff and the Marquis Yamagata, being duly authorised to that effect, have agreed to the following Articles:-
Art. I.-The Imperial Governments of Russia and Japan recognise definitely the Sovereignty and entire independence of Corea, and pledge themselves mutually to abstain from all direct interference in the internal affairs of that country.
Art. II.-Desiring to remove all possible cause of misunderstanding in the future, the Imperial Governments of Russia and Japan pledge themselves mutually, in the event of Corea having recourse to the advice and assistance either of Russia or of Japan, to take no measure in respect to the appointment of Military Instructors or Financial Advisers without arriving beforehand at a mutual agreement on this subject.
Art. III.-In view of the wide development taken by the commercial and industrial enterprise of Japan in Corea, as well as the large number of Japanese subjects residing in that country, the Russian Government will not hinder in auy way the development of commercial aud industrial relations between Japan and
Corea.
Done at Tokyo in duplicate the 13/25 April, 1898.
Dynewby
ROSEN.
NISSI. UNIVERSITY OF MICHIGAN
TREATIES WITH JAPAN
GREAT BRITAIN
TREATY OF COMMERCE AND NAVIGATION BETWEEN GREAT BRITAIN AND JAPAN
SIGNED AT LONDON, 16TH JULY, 1894
Ratifications Exchanged at Tokyo, 25th August, 1894
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the Emperor of Japan, being equally desirous of maintaining the relations of good understanding which happily exist between them, by extending and increasing the intercourse between their respective States, and being convinced that this object cannot better be accomplished than by revising the Treaties hitherto existing between the two countries, bave resolved to complete such a revision, based upon principles of equity and mutual benefit, and, for that purpose, have named as their Plenipotentiaries, that is to say :-
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, the Right Honourable John, Earl of Kimberley, Knight of the Most Noble Order of the Garter, &c., &c., Her Britannic Majesty's Secretary of State for Foreign Affairs;
And His Majesty the Emperor of Japan, Viscount Aoki Siuzo, Junii, First Class of the Imperial Order of the Sacred Treasure, His Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of St. James';
Who, after having communicated to each other their Full Powers, found to be in good and due form, have agreed upon and concluded the following Articles :-
Article I.-The subjects of each of the two High Contracting Parties shall have full liberty to enter, travel, or reside in any part of the dominions and possessions of the other Contracting Party, and shall enjoy full and perfect protection for their persons and property.
They shall have free and easy access to the Courts of Justice in pursuit and defence of their rights; they shall be at liberty equally with native subjects to choose and employ lawyers, advocates, and representatives to pursue and defend their rights before such Courts, and in all other matters connected with the administration of justice they shall enjoy all the rights and privileges enjoyed by native subjects.
In whatever relates to rights of residence and travel; to the possession of goods and effects of any kind; to the succession to personal estate, by will or otherwise, and the disposal of property of any sort in any manner whatsoever which they may lawfully acquire, the subjects of each Contracting Party shall enjoy in the dominions and possessions of the other the same privileges, iberties, and rights, and shall be subject to no higher imposts, or charges in these respects than native subjects, or subjects or citizens of the most favoured nation. The subjects of each of the Contracting Parties shall enjoy in the dominions and possessions of the other entire liberty of conscience, and, subject to the Law, Ordinances, and Regulations, shall enjoy the right of private or public exercise of their worship, and also the right of burying their respective countrymen, according to their religious customs, in such suitable and convenient places as may be established and maintained for that purpose.
They shall not be compelled, under any pretext whatsoever, to pay any charges or taxes other or higher than those that are, or may be, paid by native subjects, or subjects or citizens of the most favoured nation.
Article II.-The subjects of either of the Contracting Parties residing in the dominions and possessions of the other shall be exempted from all compulsory military service whatsoever, whether in the army, navy, National Guards, or militia ;
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from all contributions imposed in lieu of personal service; and from all forced loans or military exactions or contributions.
Article III.-There shall be reciprocal freedom of commerce and navigation between the dominions and possessions of the two High Contracting Parties.
The subjects of each of the High Contracting Parties may trade in any part of the dominions and possessious of the other by wholesale or retail in all kinds of produce, manufactures, and merchandize of lawful commerce, either in person or by agents. singly, or in partnerships with foreigners or native subjects: and they may there own or hire and occupy the houses, manufactories, warehouses, shops, and premises which may be necessary for them, and lease land for residential and commercial purposes, confor.ning themselves to the Laws, Police, and Customs Regulations of the country like native subjects.
They shall have liberty to come with their ships and cargoes to all places, ports, and rivers in the dominions and possessions of the other which are or may be opened to foreign commerce, and shall enjoy, respectively, the same treatment, in matters of commerce and navigation as native subjects, or subjects or citizens of the most favoured nation, without having to pay taxes, imposts, or duties, of whatever nature or under whatever denomination levied in the name or for the profit of the Government, public functionaries, private individuals, Corporations, or establish- ments of any kind, other or greater than those paid by native subjects, or subjects or citizens of the most favoured nation, subject always to the Laws, Ordinances, and Regulations of each country.
Article IV. The dwellings, manufactories, warehouses, and shops of the subjects of each of the High Contracting Parties in the dominions and possessions of the other, and all premises appertaining thereto destined for purposes of residence of commerce, shall be respected.
It shall not be allowable to proceed to make a search of, or a domiciliary visit to such dwellings and premises, or to examine or inspect books, papers, or accounts except under the conditions and with the forms prescribed by the Laws, Ordinances. and Regulations for subjects of the country.
Article V.-No other or higher duties shall be imposed on the importation into the dominions and possessions of Her Britannic Majesty of any article, the produce or manufacture of dominions and possessions of His Majesty the Emperor of Japan, from whatever place arriving; and no other or higher duties shall be imposed on the importation into the dominions and possessions of His Majesty the Emperor of Japan of any article, the produce or manufacture of the dominions and possessions of Her Britannic Majesty, from whatever place arriving than on the like article produced or manufactured in any other foreign country; nor shall any prohibition be maintained or imposed on the importation of any article, the produce or manufacture of the dominions and possessions of either of the High Contracting Parties, into the dominions and possessions of the other, from whatever place arriving, which shall not equally extend to the importation of the like article, being the produce manufacture of any other country. This last provision is not applicable to the sanitary and other prohibitions occasioned by the necessity of protecting the safety of persons, or of cattle, or of plants useful to agriculture.
Article VI.-No other or higher duties or charges shall be imposed in the dominions and possessions of either of the High Contracting Parties on the exports- tion of any article to the dominions and possessions of the other than such as are, or may be, payable on the exportation of the like article to any other foreign country; nor shall any prohibition be imposed on the exportation of any article from the dominions and possessions of either of the two Contracting Parties to the dominions and possessions of the other which shall not equally extend to the exportation of the like article to any other country.
Article VII.-The subjects of each of the High Contracting Parties shall enjoy in the dominions and possessions of the other exemption from all transit duties and a perfect equality of treatment with native subjects in all that relates to warehousing, bounties, facilities, and drawbacks.
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Article VIII-All articles which are or may be legally imported into the ports of the dominions and possessions of His Majesty the Emperor of Japan in Japanese vessels
may likewise be imported into those ports in British vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in Japanese vessels; and, reciprocally, all articles which are or may be legally imported into the ports of the dominions and possessions of Her Britannic Majesty in British vessels may likewise be imported into those ports in Japanese vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in British vessels. Such reciprocal equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other places.
In the same manner there shall be perfect equality of treatment in regard to exportation, so that the same export duties shall be paid and the same bounties and drawbacks allowed in the dominions and possessions of either of the High Contract- ing Parties on the exportation of any article which is or may be legally exported therefrom, whether such exportation shall take place in Japanese or in British vessels, and whatever may be the place of destination, whether a port of either of the Contracting Parties or of any third Power.
Article IX.-No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or other similar or corresponding duties of whatever nature or under whatever denomination, levied in the name or for the profits of the Government, public functionaries, private individuals, Corporations, or establishments of any kind, shall be imposed in the ports of the dominions and possessions of either country upon the vessels of the other country which shall not equally and under the same conditions be imposed in the like cases on national vessels in general or vessels of the most favoured nation. Such equality of treatment shall apply reciprocally to the respective vessels, from whatever port or place they may arrive, and whatever may be their place of destination.
Article X.--In all that regards the stationing, loading, and unloading of vessels in the ports, basins, docks, roadsteads, harb ›urs, or rivers of the dominions and possessions of the two countries, no privilege shall be granted to national vessels which shall not be equally granted to vessels of the other country; the intention of the High Contracting Parties being that in this respect also the respective vessels shill be treated on the footing of perfect equality.
Article XI.-The coasting trade of both the High Contracting Parties is excepted from the provisions of the present Treaty, and shall be regulated according to the Laws, Ordinances, and Regulations of Japan and of Great Britain respec- tively. It is, however, understood that Japanese subjects in the dominions and possessions of Her Britannic Majesty, and British subjects in the dominions and possessions of His Majesty the Emperor of Japan, shall enjoy in this respect the rights which are or may be granted under such Laws, Ordinances, and Regulations to the subjects or citizens of any other country.
A Japanese vessel laden in a foreign country with cargo destined for two or mor.. ports in the dominions and possessions of Her Britannic Majesty, and a British vessel laden in a foreign country with cargo destined for two or more ports in the dominions and possessions of His Majesty the Emperor of Japan, may discharge a portion of her cargo at one port, and continue her voyage to the other port or ports of destination where foreign trade is permitted, for the purpose of landing the remainder of her original cargo there, subject always to the Laws and Custom House Regulations of the two countries.
The Japanese Government, however, agrees to allow British vessels to continue, as heretofore, for the period of the duration of the present Treaty, to carry cargo between the existing open ports of the Empire, excepting to or from the ports of Osaka, Niigata, and Ebisu minato.
Article XII.-Any ship of war or merchant vessel of either of the High Contracting Parties which may be compelled by stress of weather, or by reason of any other distress, to take shelter iu a port of the other, shall be at liberty to refit UNIVERSITY OF MICHIGAN
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therein, to procure all necessary supplies, and to put to sea again, without paying any dues other than such as would be payable by national vessels. In case, how- ever, the master of a merchant vessel should be under the necessity of disposing of a part of his cargo in order to defray the expenses, he shall be bound to conform to the Regulations and Tariffs of the place to which he may have come.
If any ship of war or merchant vessel of one of the Contracting Parties should run aground or be wrecked upon the coast of the other, the local authorities shall inform the Consul-General, Consul, Vice-Consul, or Consular Agent of the district of the occurrence, or if there be no such Consular officer, they shall inform the Consul-General, Consul, Vice-Consul, or Consular Agent of the nearest district.
All proceedings relative to the salvage of Japanese vessels wrecked or cast on shore in the territorial waters of Her Britannic Majesty shall take place in accordance with the Laws, Ordinances, and Regulations of Great Britain, and, reciprocally, all measures of salvage relative to British vessels wreckel or cast on shore in the territorial waters of His Majesty the Emperor of Japan shall take place in accordance with the Laws, Ordinances, and Regulations of Japan.
Such stranded or wrecked ship or vessel, and all parts thereof, and all furniture, and appurtenances belonging thereunto, and all goods and merchandise saved therefrom, including those which may have been cast into the sea, or the proceeds thereof, if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents, when claimed by them. If such owners or agents are not on the spot, the same shall be delivered to the respective Consuls-General, Consuls, Vice-Consuls, or Consular Agents upon being claimed by them within the period fixed by the laws of the country, and such Consular officers, owners, or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the case of a wreck of a national vessel.
The goods and merchandise saved from the wreck shall be exempt from all the duties of Customs unless cleared for consumption, in which case they shall pay the ordinary duties.
When a ship or vessel belonging to the subjects of one of the Contracting Parties is stranded or wrecked in the territories of the other, the respective Consuls. General, Consuls, Vice-Consuls, and Consular Agents shall be authorized, in case the owner or master, or other agent of the owner, is not present, to lend their official assistance in order to afford the necessary assistance to the subjects of the respective states. The same rule shall apply in case the owner, master, or other agent is present, but requires such assistance to be given.
Article XIII.-All vessels which, according to Japanese law, are to be deemed Japanese vessels, and all vessels which, according to British law, are to be deemed British vessels, shall, for the purposes of this Treaty, he dermed Japanese and British vessels respectively.
Article XIV. The Consuls-General, Consuls, Vice-Consuls, and Consular Ageuts of each of the Contracting Parties, residing in the dominions and possessions of the other, shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries. It is understood that this stipulation shall not apply to the subjects of the country where the desertion takes place.
Article XV.-The High Contracting Parties agree that, in all that concerns commerce and navigation, any privilege, favour, or immunity which either Contract- ing Party has actually granted, or may hereafter grant to the Government, ships, subjects, or citizens of any other State, shall be extended immediately and uncondi tionally to the Government, ships, subjects, or citizens of the other Contracting Party, it being their intention that the trade and navigation of each country shall be placed, in all respects, by the other on the footing of the most favoured nation.
Article XVI.-Each of the High Contracting Parties may appoint Consuls- General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents in all the ports, UNIVERSITY OF MICHIGAN
Googl
TREATY BETWEEN GREAT BRITAIN AND JAPAN
149
cities, and places of the other, except in those where it may not be convenient to recognize such officers..
This exception, however, shall not be made in regard to one of the Contracting Parties without being made likewise in regard to every other Power.
The Consuls-General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents may exercise all functions; and shall enjoy all privileges, exemptions, and immunities which are or may hereafter be granted to Consular officers of the most favoured nation. Article XVII.-The subjects of each of the High Contracting Parties shall enjoy in the dominions and possessions of the other the same protection as native subjects in regard to patents, trade marks, and designs, upon fulfilment of the formalities prescribed by law.
Article XVIII.-Her Britannic Majesty's Government, so far as they are concerned, give their consent to the following arrangement :---
The several foreign Settlements in Japan shall be incorporated with the respective Japanese Communes, and shall thenceforth form part of the general municipal system of Japan.
The competent Japanese authorities shall thereupon assume all municipal obligations and duties in respect thereof, and the common funds and property, if any, belonging to such Settlements, shall at the same time be transferred to the said Japanese authorities.
When such incorporation takes place existing leases in perpetuity under which property is now held in the said Settlements shall be confirmed, and no conditions whatsoever other than those containe‹l in such existing leases shall be imposed in respect of such property. It is, however, understood that the Consular authorities mentioned in the same are in all cases to be replaced by the Japanese authorities.
All lands which may previously have been granted by the Japanese Government free of rent for the public purposes of the said Settlements shall, subject to the right of eminent domain, be permanently reserved free of all taxes and charges for the public purposes for which they were originally set apart.
Article XIX.-The stipulations of the present Treaty shall be applicable, so far as the laws perinit, to all the Colonies and foreign possessions of Her Britannic Majesty, excepting to those hereinafter named, that is to sy, except to-
India.
Natal.
Newfoundland.
Victoria.
Tasmania.
Western Australia.
The Dominion of Canada. The Cape.
New South Wales.
Queensland.
South Australia. New Zealand.
Provided always that the stipulations of the present Treaty shall be made applicable to any of the above-named Colonies or foreign possessions on whose behalf notice to that effect shall have been given to the Japanese Government by Her Britannic Majesty's Representative at Tokyo within two years from the date of the exchange of ratifications of the present Treaty.
Article XX. The present Treaty shall, from the date it comes into force, be substituted in place of the Conventions respectively of the 23rd day of the 8th month of the 7th year of Kayai, corresponding to the 14th day of October, 1854, and of the 13th day of the 5th month of the 2nd year of Keiou, corresponding to the 25th day of June, 1866, the Treaty of the 18th day of the 7th month of the 5th year of Ansei, corresponding to the 26th day of Angust, 1858, and all Arrangements and Agreements subsidiary thereto concluded or existing between the High Con- tracting Parties; and from the same date such Conventions, Treaty, Arrangements, and Agreements shall cease to be binding, and, in consequence, the jurisdiction then exercised by British Courts in Japan, and all the exceptional privileges, exemp- tions, and immunities then enjoyed by British subjects, as a part of or appurtenant to such jurisdiction, shall absolutely and without notice cease and determine, and thereafter all such jurisdiction shall be assumed and exercised by Japanese Courts. UNIVERSITY OF MICHIGAN
Dyno by Google
150
TREATY BETWEEN GREAT BRITAIN AND JAPAN
Article XXI.-The present Treaty shall not take effect until at least five years after its signature. It shall come into force one year after His Imperial Japanese Majesty's Government shall bave given notice to Her Britannic Majesty's Govern ment of its wish to have the same brought into operation. Such notice may be given at any time after the expiration of four years from the date hereof. The Treaty shall remain in force for the period of twelve years from the date it goes into operation.
Either High Contracting Party shall have the right, at any time after eleven years shall have elapsed from the date this Treaty takes effect, to give notice to the other of its intention to terminate the same, and at the expiration of twelve months after such notice is given this Treaty shall wholly cease and determine.
Article XXII.--The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at Tokyo as soon as possible, and not later than six months from the present date.
In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms.
Done at London, in duplicate, this sixteenth day of the seventh month of the twenty-seventh year of Meiji.
[L.8.] [L.8.]
Kimberley AOKI.
PROTOCOL
The Government of Her Majesty the Queen of Great Britaiu and Ireland and Empress of India and the Governinent of His Majesty the Emperor of Japan, deeming it advisable in the interests of both countries to regulate certain special matters of mutual concern, apart from the Treaty of Commerce and Navigation signed this day have, through their respective Plenipotentiaries, agreed upon the following stipula
tious-
But
1.-It is agreed by the Contracting Parties that one month after the exchange of the ratifications of the Treaty of Commerce an Navigation signed this day, the Import Tariff hereunto annexed shall, subject to the provisions of Article XXIII. of the Treaty of 1858 at present subsisting between the Contracting l'arties, as long as the sail Treaty remains in force and thereafter, subject to the provisions of Articles V. and XV. of the Treaty signed this day, be applicable to the articles therein enumerated, being the growth, pr..duce, or manufacture of the dominions and possessions of Her Britannic Majesty, upon importation into Japan. nothing contained in this Protocol, or the Tariff hereunto annexed, shall be held to limit or qualify the right of the Japanese Government to restrict or to prohibit the importation of adulterated drugs, medicines, food, or beverages; ind cent or obscene prints; paintings, books, cards, lithographic or other engravings, photographs, or any other indecent or obscene articles; a ticles in violation of patent, trade-mark. or copy-right laws of Japan; or any other article which for sanitary reasons, or in view of public security or morals, might offer any danger.
The ad valorem duties established by the said Tariff shall, so far as may be deemed practicable, be converted into specific duties by a supplementary Convention, which shall be concluded between the two Governments within six months from the date of this Protocol; the medium prices, as shown by the Japanese Customs Returns during the six calendar months preceding the date of the present Protocol, with the addition of the cost of insurance and transportation from the place of purchase, production or fabrication, to the port of discharge, as well as commission, if any, shall be taken as the basis for such conversion, In the event of the Supplementary Convention not having come into force at the expiration of the period for the said Tariff to take effect, ad valorem duties in conformity with the rule recited at the end of the said Tariff shall, in the meantime, be levied.
In respect of articles not enumerated in the said Tariff, the General Statutory Tariff of Japan for the time being in force shall, from the same time, apply, subject, as aforesaid, to the provisions of Article XXIII. of the Treaty of 1858 and Articles V. and XV. of the Treaty signed this day respectively.
Digizon by Google UNIVERSITY OF MICHIGAN
SUPPLEMENTARY CONVENTION BETWEEN GREAT BRITAIN AND JAPAN 151
From the date the Tariffs aforesaid take effect, the Import tariff now in opera- tion in Japan in respect of goods and merchandise imported into Japan by British subjects shall cease to be binding.
In all other respects the stipulations of the existing Treaties and Conventions shall be maintained unconditionally until the time when the Treaty of Commerce and Navigation signed this day comes into force.
2.-The Japanese Government, pending the opening of the country to British subjects, agrees to extend the existing passport system in such a manner as to allow British subjects, on the production of a certificate of recommendation from the British Representative in Tokyo, or from any of Her Majesty's Consuls at the open ports in Japan, to obtain upon application passports available for any part of the country, and for any period not exceeding twelve months, from the Imperial Japanese Foreign Office in Tokyo, or from the chief authorities in the Prefecture in which an open port is situated; it being understood that the existing Rules and Regulations governing British subjects who visit the interior of the Empire are to be maintained. 3.-The Japanese Government undertakes. before the cessation of British Consular jurisdiction in Japan, to join the International Conventions for the Pro- tection of Industrial Property and Copyright.
4.-It is understood between the two High Contracting Parties that, if Japan thinks it necessary at any time to levy an additional duty on the production or manufacture of refined sugar in Japan, an increased customs duty equivalent in amount may be levied on British refined sugar when imported into Japan, so long as such additional excise tax or inland duty continues to be raised.
Provided always that British refined sugar shall in this respect be entitled to the treatment accorded to refined sugar being the produce or manufacture of the most favoured nation.
5. The undersigned Plenipotentiaries have agreed that this Protoco! shall be submitted to the two High Contracting Parties at the same time as the Treaty of Commerce and Navigation signed this day, and that when the said Treaty is ratified the agreements contained in the Protocol shall also equally be considered as approved, without the necessity of a further formal ratification.
It is agreed that this Protocol shall terminate at the same time the said Treaty ceases to be binding.
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.
Done at London, in duplicate, this sixteenth day of July, in the year of our Lord one thousand eight hundred and ninety-four.
[1.8.]
L.8.
KIMBERLEY. AOKI.
SUPPLEMENTARY CONVENTION BETWEEN GREAT BRITAIN AND
JAPAN RESPECTING THE DUTIES TO BE CHARGED ON BRITISH GOODS IMPORTED INTO JAPAN
Signed at Tokyo, 16тн July, 1895
Ratifications exchanged at Tokyo, 21st November, 1895
Whereas, by the Protocol signed at London on the 16th of July, 1894, it was agreed between the Government of Her Britannic Majesty and the Government of His Majesty the Emperor of Japan that the ad valorem duties of the Tariff annexed to the aforesaid Protocol should, so far as might be deemed practicable, be converted into specific duties by means of a Supplementary Convention, to be concluded between the two Governments within six months from the date of that Protocol; and
Whereas this period was extended by subsequent arrangement: The High Contracting Parties have appointed as their Plenipotentaries to conclude a Convention for this purpose, that is to say: UNIVERSITY OF MICHIGAN
152
JAPANESE CONVENTIONAL TARIFF
Her Britannic Majesty the Queen of the United Kingdom of Great Britai n and Ireland, Empress of Irdia, Gerard Augustus Lowther, Her Britannic Majesty's Chargé d'Affaires ;
And His Majesty the Emperor of Japan, Marquis Saionzi Kimmochi, Junii, first class of the Order of the Sacred Treasure, His Imperial Majesty's Minister of State for Education, and Acting Minister of State for Foreign Affairs;
Who, having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles :-
1. The Tariff annexed to this Convention shall be substituted for the ad valorem Tariff annexed to the aforesaid Protocol of the 16th of July, 1894; it shall be subject to all the stipulations contained in Article I. of the Protocol, in so far as these are applicable, and it shall come into force one month after the exchange of the ratifications of this Convention.
2. The specific duties established by this Convention shall be subject to triennial readjustment. Such readjustment shall be based on the difference between the average of the two quarterly rates of exchange adopted by the Japanese Customs during the six months ending June 30th, 1894, and the average of the rates of exchange adopted by the Japanese Customs for the four quarters preceding that in which each successive period of three years expires.
The Schedule of readjusted duties shall be published by the Japanese Govern- ment three months in advance, and shall take effect immediately upon the expiration of the said period.
It is understood between the High Contracting Parties that the operation of this stipulation shall be subject to the acceptance of a similar arrangement by the other Powers with whom Conventional Tariffs are now being negotiated by Japan.
3. The quarterly rates of exchange mentioned in the preceding Article are the rates determining the comparative values, as entered in the quarterly Tables published by the Japanese Department of Finance, of the present Japanese silver yen on the one hand, and of the English pound sterling on the other.
4. The present Convention shall have the same duration as the Treaty and Protoc 1 concluded on the 16th of July, 1894, of which it is a complement.
5. The present Convention shall be ratified, and the ratific..tions shall be exchang- ed at Tokyo as soon as possible, and not later than six months from the present date.
Done at Tokyo, in duplicate, this 16th day of July, 1895.
(Signed) [L.S.] GERARD AUGUSTUS LOWTHER.
No.
123
* NO TO 100
Caoutchouc, manufactures of
Cement, Portland
Cotion yarns, plain or dyed Cotton tissues-
Dr.lls
Duck
[L.8.]
MARQUIS SAIONZI.
TARIFF.
Articles.
Hands erchiefs in the piece Prints
Sateens, plain, figured or printed, Brocades,
Italians and figured shirtings
Shirtings, dyed
grey
11
15
PRIDRIE
9
10
twiled
督管
12
white or bleached
13
T-cloths
14
Turkey Red C.mbrics...
Velvets or Velveteens.................. ...
16
Victoria Liwns
Duty.
Yen.
ad valorem 100 catties
10 per cent.
0*065
4.180
square yard
0.016
('053
•
0.011
0.012
་
0:017
0 013
0.006
0.011
11
0.010
*
0.009
0.012
0.041
0.106
'Original fro'n
No.
JAPANESE CONVENTIONAL TARIFF
Articles.
Duty.
153
17
18
Cotton Tissues (Continued)-
All other sorts of pure cotton tissues, and all tissues of cotton mixed with flax, hemp, or other fibre, including wool, the cotton, however, predominating in weight, not specially provided for in this Tariff
NOTE. It is expressly understood that ready-made clothing and other made-up articles are not included under the hearling of Cotton Tissues.
Glass window, ordinary-
(a.) Uncoloured and unstained
tb.) Coloured, stained, and ground
28 788
19
Hats, including also hats of felt
20
Indigo, dry
Iron and Mild Steel--
Pig and Ingot
Bar and Rod exceeding 4-inch in diameter........
Nails, including spikes, sprigs, tacks, and brads:-
(a.) Plain
(b., Galvanized..
Pipes and Tubes
Yer,
ad valorem
10 per cent.
100 sq. ft. ad valorem
"
100 cattics
0*302 10 per cent.
10
12.963
0.683
0.261
0.573
ad valorem
10 per cent.
10
"
100 catties
0.298 0.129
ad valorem
10 per cent.
100 catties
0*740
0.691
ad valorem 100 catties
10 per cent.
0.503
0*256
>>
តតតតឌក
==
31
32
**
33
34
***
35
•
Plate and sheet...
Rails..
Screws, Bolts, and Nats, plain and galvanized
Sheet, galvaniz d. both plain and corrugated........
Tinned plates-
(a.) Urinary
(b) Crystallized
Wire, and small Rod not exceeding ‡-inch in diameter Wire, telegraph or galvanized...
NOTE. By the term "mild steel" as used in this Tariff is
understood mild steel manufactured by the Siemens, Bes- semer, Bassic, or similar processes, and approximating in value to irɔn of the same class in this Tariff.
Lead, pig, ingot, and slab Leather-
(a.) Sole
(b.) Other kinds
Linen yarns, plain or dyed Linen Tissues-
Canvas
All other sorts
NOTE. It is expressly understood that ready.inade clothing and other made-up articles are not included under the heading of Linen Tissues.
Mercury or quicksilver
"
ad valorem 100 cattics
square yard ad valorem
100 catties
0.316
5.690 10 per cent. 6.527
0.047 10 per cent.
37
38
Milk, ondensed or desiccated
39
40
41
农药二右路
Oil, paraffin
Paint in oil
Paper, printing
Saltpetre (nitrate of potash).
Silk-faced cotton a"tins
and proportionately for
tins of other weights
NOTE-It is expressly understood that all other mixed tissues
of cotton and silk, and of wool and silk, where the cotton or wool predominates in weight, are to be classed for duty under Nos. 17 and 61 of this Tariff respectively.
Steel (other than mild steel)-
doz 1 lb. tins.
5:048 0.123
10 per cent.
1.304
1.163
0*490
lō per cent.
ad valorem 100 catties
19
ad valorem
$445
44
Ingot
43
Bar, rod, plate, and sheet
46
Wire, and small rod not exceeding 4-inch in diameter
Sugar, refined -
(a.) No. lõ to No. 20, inclusive, Dutch standard in colour (b.) Above No. 20 Dutch standard in colour
MARK
Tin
Blook, Pig, and Slab
5
29
""
75
100 catties
1.819
0*748
"?
*
0*827
1.992
10 per cent.
0.544 9.169
Plates
Wax, paraffin....
Woollen and Worsted Yarns, plain or dyed
ad valorem
100 catties
"
154
JANPANESE CONVENTIONAL TARIFF
No.
Articles.
Duty.
Woollen and Worsted Tissuos, pure or mixe l with other ma.
1erial-
Yen.
***3
52
Alpacas
square yard
0:075
53
54
55
Cloth-
Blanketing and whipped blankets in plain weave Buntings
(a.) Wholly of woollen or worsted yarn, or of woollen and worsted yarns, such as broad, narrow, and army cloth, cassimeres, tweeds and worste : coat- ings
(b.) In part of woollen or worsted yarn and in part of corton yarn, such as pilot, president, and union cloth
100 catties
7:458
square yard
0.031
85888
56
Flannels
57
It lian cloth
58
Long ells
59
Mousseline de laine
60
Serves
(a.) Where the warp is worsted and the weft woollen (b.) All other kinds
0'093
"
0.039
0.044
0.029
0.036
"
0.021
99
0:056
ad valorem
10 per cent.
61
62
32
63
61
All other sorts, pure or mixed with other maʼerial, the wool, however, predominating in weight, not specially provided for in this Tariff
NOTR. -It is expressly understood that ready-made clothing and other made-up articles are not included under the heading of Woollen and Worsted Tissues.
Yarns, all sorts, not specially provided for in this Tariff Zinc---
Block, pig, and slab Sheet
10
"
10
100 catties
0:451
0.028
The catty mentioned in this Tariff is the Japanese weight. It is equal to 600 grammes of the metric system of weight, or 1·32277 lbs. English avoirdupois weight.
The pound is the Enlish avoirdupois weight.
The square yard and square foot are the rng'ish Imperial surface measures.
Import dusies payable ad valorem under this Tariff shall be calculated on the actual cost of the articles at the place of purchase, production, or fabrication, with the addition of the cost of insurance and transportation from the place of purchase, production, or fabrication, to the port of discharge, as well as commission, if any exists.
In determining the dutiable width of any tissues the Customs shall discard all fractions of an inch not exceeding half-an-inch, and shall count as a full inch all fractious exceeding half-an-iuch
NOTE.-It is understood that selvedges shall not be included in the measurement of tissues.
IMPERIAL ORDINANCE No. 385.
Art. I.--When the Conventional Tariffs come into force, goods imported into the Empire shall be accompanied by a certificate verifying the place of origin.
Art. II.-On the certificate of the place of origin shall be given the mark, number, and class, the number of packages, quantity or weight of the goods, the name of the place of manufacture or production, the port and date of shipments. The certificate must be endorsed by the Japanese Consul or Commercial Agent at the port of shipment (or, at ports where there is no consulate, by the Customs or other authorities concerned). The certificate shall be valid for one year from its date.
Art. III.-In cases where the goods are not accompanied by a certificate of the place of origin, or if_the_particulars in a certificate are incomplete or do not correspond with the goods themselves, or if the certificate is considered improper by the Customs authorities, the duty will be imposed on the goods according to the Japanese Statutory Tariff. If a proper certificate is produced within six months after importation of the goods, the duty paid thereon shall be reduced to the rates of the Conventional Tariff. UNIVERSITY OF MICHIGAN
JAPANESE STATUTORY TARIFF.
IMPERIAL ORDINANCE.
We hereby sanction the rates of specific duties to be levied on articles of import, and order the same to be promulgated.
IMPERIAL SIGN MANUAL AND SEAL
September 24th, 1898.
MATSUDA MASAHISA,
Minister of Finance.
IMPERIAL DECREE No. 220.
In accordance with Art. III of the Revised Custom Law specific duties will be levied on the following articles of import at the rates therein mentioned, on and after the 1st January, 1899:-
ARTICLES OF IMPORT ON WHICH SPECIFIC DUTIES
WILL BE LEVIED.
BEVERAGES AND COMESTIBLES.
No. in the
Specifio
No. in the Statutory
Tariff
33 Butter
34 Cheese
35 Coffee (seed)...
...
Specific Per Duty. Yen. kin... .086 kin... .054 74 kin... .084
Statutory
Per
Duty.
Tariff.
Yen.
69 Alcohol...
kin...
.036
70 Alum
100 kin...
.198
Biakujutsu (1adix a- tractylis ovata or alta)
100 kin...
.877
37 Eggs, fresh
38 Whent-flour.
40 Hams and Bacon
41 Meat, fresh (mutton)...
12 tins contain-】
ing 1 lb. each.
42 Milk, condensed or Tins having dif
dessicated
44 Salt (se or rock):
a. Crude
b. Refined...
45 Saltfish
ferent weights in proportion to this rate.
46 Saltmeat (Beef or Pork
in casks)
47 Sekilasai (gelidium cor-
neam)
...
***
CLOTHING AND ACCESSORIES.
63 Undershirts and Drawers, knit:-
1,000
100 kin...
kin... .065
1.115
75
Bismuth subnitrate
kin... .206
.48%
77
Borax Sodii biboras)..
100 kin... 1.238
73
100 kin...
1.849
79
81
Cam hor, Borneo, and Blumea or Ngai Cassia, or cinnamon bark 80 Cassia, or cinnamon oil
Cataria, lead of .371
$2 Cinchona bark
kin... .377
...
...
100 kin...
.723
kin...
.202
...
83 Cinchonine (muriate or
sulphate of)
..
100 kin... .539 100 kin... 1.732
kin...
.200
100 kin... .083 100 kin... 1.370 100 kin...
84 Cinnabar (hydrargyri
sulphuretum rubrum)...
kin... .096
.876
85
Cloves (caryophyllus)...
100 kin... 1.385
86
Cocaine hydrochloride...
100 kin... 1.292
89
Colombo (radix calumba)
100 kin...
kin... 12.983
.517
91
48 Tea
100 kin... .513 100 kin...
.062
Cutch and Gambier (ex- tractum catechu nigrum and extractum terra Ja- ponica or catechu palli-
dum)
a. Of Cotton
12 pieces.. 1.410
92
Gentian (radix gentiana)
100 kin... .927 100 kin... 1.364
d. Of Wool
12 pieces.. 2.543
e. Of Wool and Cotton
12 pieces.. 1.812
136 Boracic acid...
100 kin... 2.038
kin... .036
DRUGS, CHEMICALS, AND MEDICINES.
60 Acidium Carbolicum (in
crystals)
...
67. Acidium salicylicum (in
crystals and powdered) Acidium Tartaricum
kin... .157 102 Ipecac (radix ipecacu-
kin... 073
Dynom by Google
anha)
***
kin... ,036 1.307
100 kin... 1.124 100 kin... .560
kin... .058 kin... .511
100 kin... 86.620 UNIVERSITY OF MICHIGAN
94
Glycerine
95
Gum Arabic, or acacia...
100 kin...
96
Gum benzoin, or benzoi-
num
***
99
Gum olibanum
100
Hops
***
101 Iodoform
...
156
No. in the Statutory
Tariff.
JAPANESE STATUTORY TARIFF
Specific
No. in the
Per
Duty.
Statutory
Per
Specific
Duty.
Yen.
Tariff.
Yen.
108 Jalap (radix jalapa)
100 kin..
4.581
GRAINS AND SEEDS.
104 Lead, acetate, or sagar of
100 kin...
1.282
173 Barley
100 kia... .101
...
...
105 Liquorice (radix gly-
174
Beans and Peas
100 kin...
.129
...
cyrrhiza)
100 kin...
.933
177
Sesume, or Sesamum
100 kin...
.197
106
Mawo (epedora vulgaris) 100 kin...
.353
178
Wheat
100 kin...
.153
...
108 Morphine, hydrochlor
179
Cotton seed
100 kin...
.044
ate or sulphate of › mor- phia hydrochloras
or
100 kin... 5.641
100 kin... 2.321 100 kin... 1.410 100 kin... .298
126 Shellac
...
120 Rhubarb, in lump or ground (radix rheur.)..
121 Saffrou (crocus) 122 Saltpetre (potassii nitras) 123 Sant nine (santonium). 124 Sarsaparilla (radix sarsa) Semen cygnæ, or worm seed (semen santonica)..
125
127 Soda ash
sulphas)
111 Nard, or spikenard
HORNS, IVORY, SKINS, HAIR SHELLS, ETC.
184 Hair, human
kin... 4.043
185
***
100 kin...
1.52J
112 Phosphorus, amorphus.. 136 Phosphorus yellow
114 Potash, bromide
of
(Potassii bromidum) 115 Potash chlorate of (Potassii chloras)...
117 Putchuk
119 Rosin
...
kin... .165 100 kın... 12.353
kin... .093
Hides or Skins, bull, ox, cow, and buffalo (raw,
dried, salted, or pickled, and undressed)
186 Hides or Skins, deer
(raw, dried, salted, or
100 kin... .962
pickled, and undressed) 100 kin... 1.588
187 Hides or Skins, samba
(cerous elephus) (raw,
dried, salted, or pickled, and undressed)
***
100 kin...
.661
100 kin...
1.387
188
Hoofs
100 kin...
.414
kin... 1.177
189
Horns, bull, ox, cow,
100 kin...
.980
and buffalo
100 kin...
.504
kin... .380
190
Horns, deer...
100 kin...
.654
100 kin...
1.681
12
Ivory or Tusks, elephant
kin... .298
15
Ivory or Tusks, walrus
100 kin...
1.522
sea horse
kin...
.102
kin... .055
106
Leather, sole
100 kin... 7.441
100 kin...
.351
128 Soda bicarbonate
(or
Brass:
sodii bicarbona)
100 kin...
.457
203
Bar and rod
129
Soda caustic (sodii
203 Plate and sheet
***
...
100 kin...
soda)
136
Nitrate of soda
100 kin...
100 kin... .471
kin... .142
***
100 kin... .462 100 kin... 1.870 100 kin... 1.642
100 kin... PAINTS.
100 kin... 6.690 100 kin... 34.628
...
145 Gamboge
...
***
***
...
***
...
...
...
***
163 Vermillion
***
165 White Zinc
oured or unstained
100 sq. ft. .400
caustica...
130 Soda crystals (washing
31 Soda, salicylate (or sodii
salicylas)
132 Sojutsu (radix attractylis
laneca)...
133 Sticklac...
134 Vaseline
...
135 Wogon (radix scutel-
laria lancesharia)
DYES, COLOURS AND
139 Blue, mineral (dry or
liquid)
141 Cobbalt, oxide of...
144 Galls of all kinds
147 Indigo, dry
***
...
150 Lead (all colours)
152 Logwood, extract of
153 Mangrove bark
154 Paint in oil
156 Sapan-wood
158 Turmeric
159 Ultramarine.....
161 Varnish, Chinese...
162 Verdigris
164 Wansho, or Gosu...
...
100 kin... 1.715 100 kin... 6.802 100 kin... 12.953 100 kin... 1.070 100 kin... 2.397 100 kin... .119
100 kin 1.304 100 kin... .235 100 kin... .384 100 kin... 1.749 100 kin... 3.272 100 kin... 2.297 kin... .120
100 kin... 5,423 100 kin... 1.230
Glass and Glass MANUFACTURES.
167 Glass, window, uncol-
221 Galvanized sheet and
plate (plain or corru- gated)
222 Plate,
*
224 Nails (dog-spikes, bolts
.454
.227
Copper :-
208
METALS AND METAL MANUFACTURES.
206 Old (only fit for re-
manufacturing)
Bar and rod ...
...
100 kin... 3.070 100 kin... 3.086
***
100 kin...
.915
208
Plate and sheet
209
Nails
211 Wire
449
要
.499
214
Wire
...
***
213 Old (only fit for re-
manufacturing
German Silver :-
214 Plate and sh、et
Iron and Mild Steel:-
100 kin... 3.464 100 kin... 3.488 100 kin... 3.956 100 kin... 7.496
100 kin...
.799
100 kin... 6.020
...
100 kin... 6.257
215
Pig and ingot
100 kin...
.083
217
Bar and rod (of diameter
not exceeding of an in.)
100 kin...
.356
217
Hoop and Band
100 kin...
.427
218
T
angle, and other
wrought iron and mild steel
100 kin...
.313
...
219 Rails
100 kin...
.297
•
220
Sheet and plate (corru- gated excepted)
100 kin...
100 kin...
.345
...
diagonal or
checkered
...
100 kin...
.345
and nuls, etc., not galvanized)
...
100 kin...
.575
298
Tinned plates (plain)... 100 kin...
.691
227
Wire and small rod not
exceeding in. diameter
(tinned)
..100 kin...
.665
JAPANESE STATUTORY TARIFF
157
No. is the Statutory
Tarif.
Specific
No, in the
Por
Duty. Yen.
Statutory
Tariff.
Specific
Per
Duty, Yen.
223 Telegraph wire (galvan-
TISSUES, YARNS, THREADS AND MATERIAL
ised)
100 kin...
.591
239 Wire-rope (galvanized) 100 kin... 1.367
THEREOF. PART I.
230 Wire-rope, old (galva-
nized or otherwise)
231 Old hoops
100 kin... 100 kin...
.109
.103
304 Cotton yarn (plain and dyed) for weaving pur poses
100 kin... 6.066
232 Lead Pig, ingot and slab 100 kin...
308 Cotton drills (plain and
233 Lead, sheet
100 kin...
.368 .753
bleached)
sq. yd.
.029
309
Cotton ducks
935 Mercury
sq. yd
(80
100 kin... 3.689
236 Nickel
310
100 kin... 3.529
Cotton prints and chintz
sq. yd....
.020
24 8:eel (not mild) Wire
311
Cotton satins, Brocades,
and small rod not exceed-
Italians and figured
ing inch in diameter.. 100 kin... 1.819
Shirtings
sq. yd....
.029
244 Steel (not mild) Wire
312
Cotton velvets, or Vel·
(for
umbrella
ribs
veteens ...
314
8q. yd.
.062
***
trongh-shaped)
100 kin... 2.145
Shirtings, grey
...
...
8q. yd....
.010
245 Steel (not mild) Wire-
rope (plain or galva- nized)
246 Steel (not mild) old wire rope (only fit for re- manufacturing)
217 Tin, pig and slab...
Yellow Metal or Muntz Metal :--
315 Shirtings, white or ble-
ached
sq. yd.
.015
316
Shirtings, twilled
100 kin... 1.687
8q. yd.
.017
317
Shirtings, dyed
sq. yd....
.020
319
T. Cloth (shirtings of
narrow width)
100 kin... 100 kin..
.117 1.992
sq. yd.
.015
320
Turkey-red cambrics
sq. yd.
***
.018
321
Victoria-lawns
sq. yd.
.009
PART. II.
250 Sheet and Plate
•
...
251 Rod and Bar...
...
100 kin... 2.871 100 kin... 2,586
323 Woollen and worsted
yarns (all kinds, plain
.451
256 Zinc, sheet
...
...
•
100 kin... 1.303
100 kin...
.297
100 kin... 11,269
100 kin .. 3.522
100 kin...
.747
(in
tins,
...
100 kin... 1.060 100 kin... 1.181 100 kin... 1.122
gallon .016
*
gallon
.010
casks)
100 kin... 1.724
100 kin... 2.929
gallon
.076
***
100 kin... 1.757 100 kin.. 1.757
255 Zinc, block, pig and slab 100 kin...
257 Zinc, old sheet
264 Bronze powder
272 Candles, all kinds of
274 Oil, beans and peas
275 Oil, castor
casks and jars)
276 Oil, cocoa-nut
277 Oil, ground-nut
278 Oil, kerosene :-
4. In tins..
b. In casks
...
279 Oil, linseed (in tins and
280 Oil, olive (in tins and
casks)
...
283 Spirit of Turpentine (in
tins or casks)...
...
285 Wax, paraffine 292 Paper, printing 299 Sugar (up to No. 14
standard of colour in- dicated in Dutch speci- men colours)
300 Sugar refined:
a. (From No. 15 to No. 20 as indicated in Dutch specimen colours)...
100 kin... .204
354 Hemp canvas
PART V. 385 Blankets and blankets trimmed with threads (flatwoven)
359 Carpets or carpeting,
100 kin... 13.984
Brussels
...
sq. yd....
.277
100 kin... 1.523
360 Carpets or carpeting, felt sq. yd....
.067
361
Carpets or carpeting,
362
hemp or jute Carpets or carpeting,
...
8q. yd....
.047
100 kin... 1.828
patent tapestry
sq. yd....
.265
364
Chikufu
+
***
...
***
100 kin... 2.218 100 kin...
.157
sq. yd....
.027
368
Handkerchiefs, cotton in
piece
8q. yd....
.017
b. (Upwards of No. 20 standard colour as indicated in Dutch specimen colours)...
301 Sugar, rock candy 302 Molasses
and dyed)
***
100 kin... 12.308
324
Alpaca
***
8q. yd.
.113
-
326
Buntings
sq. yd....
.058
330
Flannel:
a. (of wool)
331
Italian cloth.....
332
Long ells
•
393
b. (of wool) and cotton sq. yd.
Mousseline de laine (wholly of wool):
a. (Plain or white)
b. (Dyed or printed)... sq. yd....
335 Serges (woven by worsted
warp and woollen woof) 337 Woollen cloth:
sq. yd.
.068
.062
***
sq. yd.
.053
8q. yd
.C61
Bq. yd.
.03
.035
D
sq. yd. .057
a. (Of wool) b. (Of wool and cotton) PART III.
sq. yd. sq. yd....
.141
.071
341
Silk, raw
341
317
100 kin... 55.130 Raw silk of wild cocoons 100 kin... 23.846 .270 Silk satins, Chinese
8q. yd.
***
352
PART IV. Flax yarn (plain and dyed) for weaving pur-
poses
...
100 kin... 8.159 sq. yd.
.071
158
JAPANESE STATUTORY TARIFF
No. in the
Specific
No. in the
Statutory
Per
Duty.
Statutory
Tarifi
Yen.
Tariff
Specific Per Duty.
Yes.
370
Leather-cloths for fur-
MISCELLANEOUS.
niture, etc.) ...
...
sq. yd....
.043
00 Alosewood
100 kin... 8.688
371
Oil cloths and Linoleum
418
Celluloid (in sheet or
cloths (for flours)......
8q. yd....
.071
rod)
kin...
.169
TOBACCO.
419
Portland Cement...
100 kin...
.089
379 Cigars and cigarettes
kin...
.772
423 Conl
能源
***
-
380 Cigarettes rolled in
ton... .879
424 Coke
paper
...
1,000
1.153
426
382 Tobacco, ent...
...
...
Cordage and Ropes of
ton...
.789
kin...
.444
flax, hemp, jute, Manila
WINES LIQUORS and SpiritS.
hemp, or China grass
Beer, Ale, Porter, and Stout:
In bottles containing not more than half a litre..
(for rigging and other
purposes)
...
12 bottles .388
430
Dynamite
100 kin... 1.954
kin...
Beer, Ale, Porter and Stout: In bottles containing not more than one litre
436 Fishing-guts (tegusu)
.100 100 kin... 16.976
***
440
Funori (gleopeltis intri-
12 bottles
.515
387 Champagne and other effervescent liquors re- sembling champagne (in cases):
In 24 bottles not containing more than half a litre...
cata)
...
443
Glue (common)
100 kin... 2.58 100 kin... .972
445 Gun powder (smoke-leas
powder excepted)...
100 kin... 2.617
*
446 Gypsum
100 kin... .055
...
455
Malt
100 kin...
544
case..
5.425
In 12 bottles containing not
more than one litre
457
Mattings, China (in rolls
of 40 yards) ...
roll
.610
case...
5.425
458
Mattings, cocoa
5qyd.
sq. yd....
.058
391
461
Oakum...
100 kin...
.710
...
394
397
Wines, of all kinds:
464 Pitch
100 kin...
.187
464 Wood tar
100 kin...
.329
399
465 Plaster of Paris
100 kin...
.174
***
a (in casks)
10 litres...
.435
case... 2.660
case... 2.66°)
Not containing more than 16
degrees of alcohol:
b in cases) of 24 bottles containing not more than half
a litre
***
In 12 bottles not containing more than one litre
Not containing more than 24 degrees or less than 16 degrees of alcohol:
a. (in casks)
b. (in cases), of 24 bot- tles not contg. more than half a litre Of 12 bottles not contg.
more than one litre
10 litres... 2.774
case... 2.380
cass...
2.380
484 Timber, santalum (shitan) 485 Timber, Teak
Note The word "kin" in the above table means the Japanese weight The words "yard, foot and inch" are
蹿
English mesures. The words "pounds and tons are English weights in avoirdupois. The word gallon 14 American standard gallon. The word "litre" is French
measure.
467
Plumbago, or black lead
100 kin...
.7.30
471
Pulp (for making paper)
100 kin... .297
472
Putty
...
100 kin...
934
473
Rattans (split or other-
wise)
100 kin... .393
475
Sandal wood...
100 kin... 1.434
478
Soap (for washing)
10C kin... 1.085
479
Soap-stone (in lump or powder)...
100 kin...
.089
100 kin....
.175
...
100 cub. ft. 7.628
Bytes by
Google UNIVERSITY OF MICHIGAN
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 jurisdictious, 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. Hubbard, 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 conditions 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 inde ted- 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. UNIVERSITY OF MICHIGAN
160
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 arrrest of such criminal, and keep him in safe custody for a reasonable time, not exceeding two months, to await the production of the documents upon which claim for extradition is founded.
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 the power to deliver them up if in their discretion it be demed proper to do so.
Art. VIII. The expenses of the arrest, detention. examination, and transporta- tion of the accused shall be paid be 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.
(Signed)
[L.B.]
INOUTE KAour.
[LuB.] RICHARD B. HUBBARD.
TREATIES WITH SIAM
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 Siam 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 from 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 interest 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 conforın 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 between 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, uor be entitled to his protection.
Dynep by
Original f $1 UNIVERSITY OF MICHIGAN
162
TREATY BETWEEN GREAT BRITAIN AND SIAM
1
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 tim buy or rent houses, lands, or plantations, situated anywhere within a distance of twenty-four hours' 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 directious given him by them, and will be subject to the same tixation 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 cultiva ion or improvement of the land so acquired within a term of three years from the late 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 inmediately reported to he 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 sua 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. VII.-British ships.ot war may enter the river and anchor at Paknam, but they shall not procced 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.
Digizon by Google
TREATY BETWEEN GREAT BRITAIN AND SIAM
163
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-exported. 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 goo is 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, and 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 proclamatione 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 aball prove to be desirable.
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Original f 60 UNIVERSITY OF MICHIGAN
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 Cousulate, 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 inistake 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. UNIVERSITY OF MICHIGAN
TARIFF OF DUTIES-SIAM
165
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 ontained 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 hoist 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 Gǝmboge
3 Rhinoceros' horns
4 Cardamons best..
5 Cardamons, bastard
6 Dried mussels
7 Pelicans' quills
TICAL SALUNG FUANG HUN
10
0
per picul
k
0
0
50
0
0
14
6
1
**
་་
* Betel nut, dried
9 Krachi wood........
10 Sharks' fins, white..........
11 Sharks' fins black.
3
12
!ukkraban seed
0
1
Peacocks' tails
10
14 Buffalo and cow bones
14 Rhinoceros' hides
16 Hide cuttings
17 Turtle shell
18 Soft litto
19 Beche-de-mer
20 Fish maws
21
Birds' nests, uncleaned
22 Kingfishers' feathers.
23 Cutch..
24 Beyche seed (Nux Vomica)
25 Pungtarai seed
1
1
3 3
20 per cent.
6
0
0
25 Gum Benjamin
27 Angrai bark
28 Agilla wood
25 Bay skins
30 Old deers' horns
31 Soft, or young ditto
32 Deer hides, fine
3 Deer hides, common
34 Deer sinewa
25 Buffalo and cow hides
T
#
2
0
10 per cent
8
3
4
OCON=N==NODNHOO-OPINGNONJOHL000
"
0
0
per
100 tails
per picul
14
19
..
---------
per 100 0 per picul
"
19
"
11
0
per 100 hides
1.
0 per pioul
19
166
36 Elephants' bones
37 Tigers' bones 33 Buffalo horns
39 Elephants' hides.
40 Tigers' skin
41
Armadillo skins
42 StickinO
43 Hemp
44 Dried Fish, Plaheng
45 Dried Fish, Plusalit
46 Sapanwood
TARIFF OF DUTIES-SIAM
TICAL SALUNG FUANG
HUN
1510
1
2
0 per picul
0 per skin
0
3 per picul
•
"
47 Salt meat
48 Mangrove bark
49
Rosewood
30 Ebony
51 Rice
1
1
n
•
*
•
0 per koyan
II. The undermentioned Articles being subject to the Inland or Transit duties herein named, and which shall not be increased, shall be exempt from export duty.
52 Sugar, White
53 Sugar, Red
54 Cotton, clean and uncleaned
55 Paper
56 Salt fish, Plat
37
Beans and Peas
TICAL SALUNG FUANG
0
2
0
HUN
0
per picul
1
0
10 per cent
1
1
0 p. 1,000 fish
one twelfth
on" twelfth
58 Dried Prawns
59
Til-eed
60 Silk, raw
al Bees' wax
62 Tawool
63 Salt
64 Tobacco
one twelfth
oue twelfth
one fifteenth
1
6
1
0 per picul
0 per koya
p. 1,000 bdies
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.
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FRANCE
TREATY AND CONVENTION BETWEEN FRANCE AND SIAM
SIGNED AT BANGKOK, 3RD OCTOBER, 1893
Treaty
Art. I.-The Siamese Government renounces all pretension to the whole on the territories on the left bank of the Mekong and to the islands in the river.
Art. II.-The Siamese Government undertakes not to place or navigate armed boats or vessels on the waters of the great Tonle Sap Lake, the Mekong, or their tributaries situated in the territory indicated in the next article.
any
Art. III. The Siamese Government will construct no fortified post or military establishment in the provinces of Battambang and Siem-Reap or within a radius of 15 miles from the right bank of the Mekong.
Art. IV. In the zones mentioned in Article 3 the police service will be car- ried on as usual by the local authorities with the contingent forces that are strictly necessary. No regular or irregular armed force is to be maintained.
Art. V.-The Siamese Government binds itself to oper negotiations with the French Government, within six months, with a view to regulating the customs and commercial system of the territories mentioned in Article 3, and to the revision of the Treaty of 1865. Until the conclusion of that agreement no customs duties will be established in the zone referred to in Article 3. Reciprocity will continue to be granted by the French Government to the products of the said zone.
Art. VI. As the development of the navigation of the Mekong may render necessary certain works on the right bank or the establishment of relay stations for boits for wood an i coal depôts, the Siamese Government binds itself to give, on the request of the French Government, all the necessary facilities for this purpose.
Art. VII.-French citizens, whether actual subjects or political dependents, may travel about freely and carry on their business in the territories mentioned in Article 3, on being provided with a pass from the French authorities. Reciprocity will be accorded to the inhabitants of the said zone.
Art. VIII.-The French Government reserves the right of establishing Con- sulates where it shall think proper in the interest of its citizens, subjects, or depen- denta, and particularly at Kborat and at Muang Nam. The Siamese Government will grant the sites necessary for the erection of the said Consulates.
Art. IX. In case of difficulties, the French text will be the sole authority. Art. X.-The present treaty must be ratified within four months from the date of its signature.
Convention
The Siamese military posts established on the left bank of the Mekong and on the islands in the river must be evacuated within a u.onth from the date of the signing of the present Convention. Those situated in the province of Angkor and Battambang, or on the right bank of the river within 15 miles thereof, must be
evacuated at the same time and the fortifications razed.
# UNIVERSITY OF MICHIGAN
168
TREATY BETWEEN FRANCE AND SIAM
The authors of the incidents of Tong-Kieng-Khan and Cammon will be judged by the Siamese authorities. A representative of France will be pr..cat at the trial, and will see that the sentences pronounced are carried out. The French Govern- ment reserves the right of judging whether the penalties are sufficient, and, if necessary, of demanding a fresh trial before a mixed tribunal, the composition of which it will itself determine.
The Siamese Government will deliver up to the French Minister at Bangkok or to the French authorities on the frontier all French subjects, whether Annamites, Cambodians, or Loatians of the left bank, now detained for any cause whatever. It will throw no obstacle in the way of the return to the left bank of the former inhabit- ants of that region.
The Bang-Bien of Tong-Kieng-Khan and his suite will be taken by a delegate of the Minister of Foreign Affairs to the French Legation, and also the arms and the French flag seized by the Siamese authorities.
The French Government will continue to occupy Chautaboon until the execu tion of the stipulations of the present Convention, and particularly until the complete and pacific evacuation of the Siamese posts established both on the left bank of the Mekong and on the islands in the river, as well as those in the provinces of Battam- bong and Siem-Reap, and within 15 miles of the right bank of the Mekong. UNIVERSITY OF MICHIGAN
JAPAN
TREATY OF FRIENDSHIP, COMMERCE AND NAVIGATION
BETWEEN JAPAN AND SIAM.
SIGNED AT BANGKOK, 25TH FEBRUARY, 1898.
His Majesty the Emperor of Japan and His Majesty the King of Sian, being equally animated by a desire to promote the relations of Friendship, Commerce and Navigation which happily exist between their respective states and subjects, have resolved to conclude a Treaty for that purpose, and have named as their Plenipo- tentiaries, that is to say:
His Majesty the Emperor of Japan, Manjiro Inagaki, Shogoi, His Majesty's Minister Resident at the Court of His Majesty the King of Siam, and His Majesty the King of Siam, His Royal Highness Prince Krom Luang Devawongse Varoprakar, Knight of the Order of Chakrakri, First Class of the Order of Rising Sun, &c., Minister for Foreign Affairs of His Majesty the King of Siam.
Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles.
Art. L.-There shall be constant peace and perpetual friendship between Japan and Siam and the subjects of each of the High Contracting Parties shall enjoy in the dominions and possessions of the other, full and the entire protection for their persons and property according to the established law of the country.
Art. IL-It shall be free to each of the Contracting Parties to appoint Consuls- General, Consuls, Vice-Consuls and Consular Agents to reside in the towns and ports of the dominions and possessions of the other, where similar officers of other Powers are permitted to reside. Such Consuls-General, Consuls, Vice-Consuls and Consular Agents, however, shall not enter upon their functions until after they shall have been approved and admitted in the usual form by the Government to which they are seut. They shall enjoy all the honours, privileges, exemptions and immunities of every kind which are or may be granted to Consuls of the most favoured nation.
Art. III.-The subjects of each of the High Contracting Parties may enter, remain and reside in any part of the dominions and possessions of the other, where the subjects and citizens of the nation most favoured in these respects are permitted to enter, remain and reside; they may there hire and occupy houses, manufactories, shops and warehouses, and they may there en nge in trade by wholesale and retail in all kinds of produce, manufactures and merchandise, paying no other or higher taxes, imposts, charges or exactions of any kind than are now or may hereafter be paid by the subjects or citizens of the most favoured nation.
In all that relates to travel, trade and residence; to the acquisition, possession and disposal of property of all kinds and to the right to engage in all kinds of busi- ness, occupation and enterprise, the subjects of each of the Contracting Parties in the dominions and possessions of the other, shall at all times enjoy the treatment accorded to the subjects or citizens of the most favoured nations.
Art. IV. There shall be reciprocally full and entire freedom of commerce and navigation between the dominions and possessions of the two High Contracting Parties. The subjects of each of the Contracting Parties shall have liberty freely and securely to come and go with their ships and cargoes to and from all places, ports and rivers in the dominions and possessions of the other, which are now or may hereafter be opened to foreign commerce and navigation original from
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170
TREATY BETWEEN JAPAN AND SIAM
Art. V.-The subjects of each of the High Contracting Parties shall enjoy in the dominions and possessions of the other, a perfect equality of treatment with the subjects or citizens of the most favoured nation in all that relates to transit duties, warehousing, bounties, the examination and appraisement of merchandise and draw- backs.
Art. VI. No other or higher duties shall be imposed on the importation into the dominions, and possessions of His Majesty the King of Siam of any article, the produce or manufacture of the dominions and possessions of His Majesty the Em- peror of Japan, from whatever place arriving, and no other or higher duties shall be imposed on the importation into the dominions and possessions of His Majesty the Emperor of Japan or any article, the produce or manufacture of the dominions and possessions of His Majesty the King of Siam, from whatever place arriving, than on the like article produced or manufactured in any other foreign country; nor shall any prohibition be maintained or imposed on the importation of any article, the pro- duce or manufactures of the dominions and possessions of either of the High Contracting Parties into the dominions and possessions of the other from whatever place arriving, which shall not equally extend to the importation of the like article being the produce or manufacture of any other country. This last provision is not applicable to t e sanitary and other prohibitions occasioned by the necessity of pro- tecting the safety of persons, or of cattle, or of plants useful to agriculture.
Art. VII.-No other or higher duties, taxes, or charges of any kind shall be imposed in the dominions and possessions of either of the High Contracting Parties in respect of any article exported to the dominions and possessions of either of the other than such as are or may be payable in respect of the like article exported to any other foreign country; nor shall any prohibition he imposed on the exportation of
any article from the dominions and possessions of either of the two Contracting Parties to the dominions and possessions of the other, which shall not equally extend to the exportation of the like article to any other country.
Art. VIII. All articles which are or may be legally imported into the ports of the dominions and possessions of His Majesty the Emperor of Japan in Japanese vessels or vessels of the most favoured nation, may likewise be imported into those ports in Siamese vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in Japanese.vessels or vessels of the most favoured nation and reciprocally, all articles which are or may be legally imported into the ports of the dominions and possessions of His Majesty the King of Sian in Siamese vessels or in vessels of the most favoured nation, may like- wise be imported into those ports in Japanese vessels, without being liable to any other or higher duties or charges of whatever denomination than if such articles were imported in Siamese vessels or vessels of the most favoured nation. Such reciprocal equality of treatment shall take effect without distinction, whether such articles come directly from the place of origin or from any other place.
In the same manner there shall be perfect equality of treatment in regard to exportation, so that the same internal and export duties shall be paid and the same bounties and drawbacks allowed in the dominions and possessions of either of the High Contracting Parties on the exportation of any article which is or may be legally exported therefrom whether such exportation shall take place in Japanese or Siamese vessels or in vessels of a third Power and whatever may be the place of destination, whether a port of either of the Contracting Parties or of any third Power.
Art. IX. No other higher duties or charges on account of tonnage, light or harbour dues, pilotage, quarantine, salvage in case of damage or shipwreck or any other local charges, shall be imposed in any ports of Japan on Siamese vessels nor in any of the ports of Siam on Japanese vessels than are now or may hereafter be payable in the like cases in the same ports on national vessels in general or vessels of the most favoured nation. Such equality of treatment shall apply reciprocally to the respective vessels from whatever port or place they may arrive and whatever may be their place of destination.
TREATY BETWEEN JAPAN AND SIAM
171
Art. X.-In all that concerns the entering, clearing, stationing, loading and unloading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and possessions of the two countries no privilege shall be granted by one country to national vessels or vessels of any third Power, which shall not be equally granted in similar cases to vessels of the other country.
Art. XI.-Any ship of war or merchant vessel of either of the High Contracting Parties which may be compelled by stress of wheather, or by reason of any other dis- tress, to take shelter in a port of the other, shall be at liberty to refit therein, to pro- cure all necessary supplies, and to put to sea again, without paying any duties other than such as would be payable by national vessels. In case, however, the master of a merchant vessel should be under the necessity of disposing of a part of his cargo in order to defray the expenses, he shall be bound to conform to the regulations and tariffs of the place to which he may come.
If any ship of war or merchant vessel of one of the Contracting Parties should run aground or be wrecked upon the coasts of the other, such ship or vessel, and all parts thereof, and all furnitures and appurtenances belonging thereunto, and all goods and merchandise saved therefrom, including those which may have been cast into the sea, or the proceeds thereof, if sold, as well as all papers found on board such stranded or wrecked ship or vessel, shall be given up to the owners, master or their agents, when claimed by them. If such owners, master or agen:s are not on the spot, the same shall be delivered to the respective Consuls-General, Consuls, Vice-Consuls or Consular Agents upon being claimed by them within the period fixed by the laws of the country, and such consular officers, owners, master or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the case of a wreck of a national vessel.
The goods and merchandise saved from the wreck shall be exempt from all the duties of the customs unless cleared for consumption, in which case they shall pay the ordinary duties.
In the case of a ship or vessel belonging to the subjects of either of the Con- tracting Parties being driven in by stress of weather, run aground or wrecked in the dominions and possessions of the other, the respective Consuls-General, Consuls, Vice-Consuls and Consular Agents shall, if the owner or master or other agent of the owner is not present, or is present but requires it, be authorized to interpose in order to afford the necessary assistance to the subjects of the respective States.
Art. XII.-The vessel of war of each of the High Contracting Parties may enter, remain, and make repairs in those ports and places of the other, to which the vessels of war of the most favoured nation are accorded access; they shall there submit to the same regulations and enjoy the same honours, advantages, privileges and exemptious as are now or may hereafter be conceded to vessels of war of the most favoured nation.
Art. XIII.-The High Contracting Parties agree that in all that concerns com- merce, industry and navigation, any privilege, favour, or immunity which either Contracting Party has actually granted, or may hereafter grant, to the Government, subjects, citizens, ships or merchandise of any other State shall be extended immedi- ately and unconditionally to the Government, subjects, ships or merchandise of the other Contracting Party; it being their intention that the trade, industry and naviga- tion of each country shall be placed, in all respects, by the other on the footing of the most favoured nation.
Art. XIV. The present Treaty shall come into force immediately after the exchange of ratifications, and shall remain in force for ten years, and thereafter until the expiration of a year from the day on which one or the other of the Contracting Parties shall have repudiated it.
Art. XV.-The present Treaty is signed in duplicate in the Japanese, Siamese and English languages and in case there should be found any discrepancy between the Japanese and Siamese texts, such discrepancy shall be decided in conformity with the English text. UNIVERSITY OF MICHIGAN
172
TREATY BETWEEN JAPAN AND SIAM
Art. XVI.-The present Treaty shall be ratified and the ratifications thereof shall be exchanged at Bangkok as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed the the same and have affixed thereto the seal of their arms.
Done at Bangkok in sextuplicate, this twenty-fifth day of the second month of the thirty-first year of Meiji, corresponding to the twenty-fifth day of February, of the one hundred and sixteenth year of Ratanakosindr Sok and the eighteen hun- dred and nine-eighth year of the Christian era.
(L.S.)
MANJIRO INAGASI Devawongse Varoprakar (L.S.)
PROTOCOL.
At the moment of proceeding this day to the signature of the treaty of Friend- ship, Commerce and Navigation between Japan and Siam, the Plenipotentiaries of the two High Contracting Parties have declared as follows:
I. The Siames Government consent that Japanese Consular officers sball exercise jurisdiction over Japanese subjects in Siam until the judicial reforms of Siam shall have been completed; that is, until a Criminal Code, a Code of Criminal Procedure, a Civil Code (with exception of Law of Marriage and Succession), a Code of Civil Procedure and a Law of Constitution of the Courts of Justice will come into force.
II.-The Japanese Government accept as binding upon Japanese subjects and vessels resorting to Siam the Trade Regulations and Customs Tariffs now in force in Siam in respect of the subjects, citizens and vessels of the Powers having Treaties with Siam.
Such Regulations and Tariffs shall be subject to revision at any time upon twelve months' previous notice, on demand of either Japan or Siam.
All fines and penalties imposed for infractions of the said Regulations or of the Treaty signed this day, shall be paid to the Siamese Government.
III. Any controversies which may arise respecting the interpretation or the execution of the Treaty signed this day or the consequences of any violation thereof, shall be submitted, when the means of setting them directly by amicable agreement are exhausted, to the decision of Commissions of Arbitration, and that the result of such arbitration shall be binding upon both Governments.
The members of such Commissions shall be selected by two Governments by common consent, failing which each of the Parties shall nominate an Arbitrator or an equal number of Arbitrators and the Arbitrators thus appointed shall select an Umpire.
The procedure of the Arbitration shall in each case be determined by the Con- tracting Parties, failing which the Commission of Arbitration shall be itself entitled to determine it beforehand.
The undersigned Plenipotentiaries have agreed that this Protocol shall be sub- mitted to the High Contracting Parties at the same time as the Treaty, and that when the Treaty is ratified, the agreements contained in this Protocol shall also equally be considered as approved, without the necessity of a further formal ratification. In witness whereof, the respective Plenipotentiaries have signed the present Protocol and have affixed thereto their seals.
Done at Bangkok in sextuplicate, this twenty-fifth day of the second month of the thirty-first year of Meiji, corresponding to the twenty-fifth day of February of the one hundred and sixteenth year of Ratanakosindr Sok and the eighteen hundred and ninety-eighth year of the Christian era.
MANJIRO INAGASI.
(L.S.)
DEVAWONGSE VAROPRAKAR. (L.8.)
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:
GREAT BRITAIN AND FRANCE
DECLARATION SIGNED BY GREAT BRITAIN AND FRANCE RESPECTING SPHERES OF INFLUENCE
SIGNED AT LONDON, 15TH JANUARY, 1896
The undersigned, duly authorised by their respective Governments, have signed the following Declaration :-
I.-The Governments of Gr at Britain and France engage to one another that neither of them will, without the consent of the other, in any case, or under any pretext, advance their armed forces into the region which is comprised in the basins of the Petcha Bouri, Meiklong, Menam, and Bang Pa Kong (Petriou) rivers and their respective tributaries, together with the extent of coast from Muong Bang Tapan to Muong Pase, the basins of the rivers on which those two places are situated, and the basins of the other rivers, the estuaries of which are included in that coast; and including also the territory lying to the north of the basin of the Menam and situated between the Anglo-Siamese frontier, the Mekong River, and the Eastern watershed of the Me Ing. They further engage not to acquire within this region any special privilege or advantage which shall not be enjoyed in common by, or equally open to, Great Britain and France and their nationals and dependents. These stipulations, however, shall not be interpreted as derogating from the special clauses which, in virtue of the Treaty concluded on Oct. 3, 1893, between France and Siam, apply to a zone of 25 kilom. on the right bank of the Mekong and to the navigation of that river.
IL-Nothing in the foregoing clause shall hinder any action on which the two Powers may agree, and which they shall think recessary in order to uphold the independence of the Kingdom of Siam. But they engage not to enter into any separate agreement permitting a third Power to take any action from which they are bound by the present declaration themselves to abstain.
III. From the mouth of the Nam Huok northwards as far as the Chinese frontier the thalweg of the Mekong shall form the limit of the possessions or spheres of influence of Great Britain and France. It is agreed that the nationals and dependents of each of the two countries shall not exercise any jurisdiction or authority within the possessions or sphere of influence of the other.
The police of the islands in this part of the river, which are separated from the British shore by a branch of the river, shall, so long as they are thus separated, be entrusted to the French authorities. The fishery shall be open to the inhabitants of both banks.
IV. The two Governments agree that all commercial and other privileges and advantages conceded in the two Chinese provinces of Yunnan and Szechuen either to Great Britain or France, in virtue of their respective Conventions with China of March 1, 1894, and June 20, 1895, and all privileges and advantages of any nature which may in the future be conceded in these two Chinese provinces, either to Great Britain or France, shall, as far as rests with them, be extended and rendered common to both Powers and to their nationals and dependents, and they engage to use their influence and good offices with the Chinese Government for this
purpose.
Done at London 15th January, 1896.
SALISBURY.
ALPH. DE COURCEL. Original from
THE MALAY STATES FEDERATION AGREEMENT, 1896
Agreement between the Governor of the Straits Settlements, acting on behalf of the Government of Her Majesty the Queen, Empress of India, and the Rulers of the following Malay States, that is to say, Perak, Selangor, Pahang, and Negri Sembilan.
Art. I.-In confirmation of various previous Agreements, the Sultan of Perak, the Sultan of Selangor, the Sultan of Pahang, and the Chiefs of the States which form the territory known as the Negri Sembilan, hereby severally place themselves and their States under the protection of the British Government.
Art. II.-The above-named Rulers and Chiefs of the respective States hereby agree to constitute their countries a Federation, to be known as the Protected Malay States, to be administered under the advice of the British Government.
Art. III. It is to be understood that the arrangement hereby agreed upon does not imply that any one Ruler or Chief shall exercise any power or authority in respect of any State other than that which he now possesses in the State of which he is the recognised Ruler or Chief.
Art. IV. The above-named Rulers agree to accept a British Officer, to be styled the Resident-General, as the agent and representative of the British Government under the Governor of the Straits Settlements. They undertake to provide him with suitable accommodation, with such salary as is determined by Her Majesty's Government, and to follow his advice in all matters of administration other than those touching the Mohammedan religion. The appointment of the Resident-General will not affect the obligations of the Malay Rulers towards the British Residents now existing or to be hereafter appointed to offices in the above- mentioned Protected States.
Art. V. The above-named Rulers also agree to give to those States in the Federation which require it such assistance in men, money, or other respects as the British Government, through its duly appointed officers, may advise; and they further undertake, should war break out between Her Majesty's Government and that of any other Power, to send, on the requisition of the Governor, a body of armed an i equipped Indian troops for service in the Straits Settlements.
Art. VI. Nothing in this Agreement is intended to curtail any of the powers or authority now held by any of the above-named Rulers in their respective States, nor does it alter the relations now existing between any of the States named and the British Empire. UNIVERSITY OF MICHIGAN
THE FOREIGN JURISDICTION ACT, 1890
53 and 54 VICTORIA, CHAPTER 37
AN ACT TO Consolidate the Foreign JurisdICTION ACTS
[4th August, 1890]
WHEREAS by treaty, capitulation, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has jurisdiction within divers. foreign countries, and it is expedient to consolidate the Acts relating to the exercise of Her Majesty's jurisdiction out of Her dominions :
Be it therefore enacted by the Queen's most Excellent Majesty, hy 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:
1.-It is and shall be lawful for Her Majesty the Queen to hold, Exercise of
jurisdiction in exercise, and enjoy any jurisdiction which Her Majesty now has or may foreign country. at any time hereafter nave within a foreign country in the same and as ample a mauner as if Her Majesty had acquired that jurisdiction by the cession or conquest of territory.
British subjects
2.-Where a foreign country is not subject to any government from Exercise of whom Her Majesty the Queen might obtain jurisdiction in the manner jurisdiction over recited by this Act, Her Majesty snall by virtue of this Act have jurisdic- in countries with- tion over Her Majesty's subjects for the time being resident in or resort-out regular go- in to that country, and that jurisdiction shall be jurisdiction of Her Majesty in a foreign country within the meaning of the other provisions of this Act.
vernments.
3.-Every act and thing done in pursuance of any jurisdiction of Her Validity of acts Majesty in a foreign country shall be as valid as if it had been done done in pursuance
of jurisdiction. accoring to the local law then in force in that country.
existence or ex-
country.
4.-(1.) If in any proceeding, civil or criminal, in a court in Her Evidence as to Majesty's dominions or held under the authority of Her Majesty, any tent of juris- question arises as to the existence or extent of any jurisdiction of Her diet on in foreign Majesty in a foreign country, a Secretary of State shall, on the ap·lication of the court, send to the court within a reasonable time his decision on the question, and his decision shall for the purposes of the proceeding be final.
(2.) The court shall send to the Secretary of State, in a document under the seal of the court, or signed by a judge of the court, questions framed so as properly to raise the question, and sufficient answers to those questions shall be returned by the Secretary of State to the court, and those answers shall, on production thereof, be conclusive evidence of the matters therein contained.
enactments in
5.-(1.) It shall be lawful for Her Majesty the Queen in Council, Power to extend if She thinks fit, by Order to direct that all or any of the enactments First Schedule. described in the First Schedule to this Act, or any enactments for the time being in force amending or substituted for the same, shall extend, with or without any exceptions, adaptations, or modifications in the Order mentioned, to any foreign country in which for the time being Her Majesty has jurisdiction.
(2) Thereupon those enactments shall, to the extent of that jurisdiction, operate as if that country were a British possession, and as if Her Majesty in Council were the Legislature of that possession.
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176
FOREIGN JURISDICTION ACT, 1890
Power to send 6.-(1.) Where a person is charged with an offence cognizable by persons charged a British court in a foreign country, any person having authority derived trial to a British from Her Majesty in that behalf may, by warrant, cause the
with offences for
pussession.
Provision as to
ment of persons convicted.
person so charged to be sent for trial to any British possession for the time being appointed in that behalf by Order in Council, and upon the arrival of the person so charged in that British possession, such criminal court of that possession as is authorised in that behalt by Order in Council, or, if no court is s. authorised, the supreme criminal court of that possession, may cause him to be kept in safe and proper custody, and so soon as con- veniently may be may inquire of, try, and determine the offence, and on conviction punish the offender according to the laws in force in that behalf within that possession in the same manner as if the offence had been committed within the jurisdiction of that criminal court.
Provided that-
(a.) A person so charged may, before being so sent for rial, tender for examination to a British court in the foreign country where the off nce is alleged to have been committed any competent witness whose evidence he deems material to his defence and whom he alleges himself unable to produce at the trial in the British possession:
(b.) In such case the British court in the foreign country shall proceed in the examination and cross-examination of the witness as though he had been tendered at a trial before that court, and shall cause the evidence so taken to be reduced into writing, and shall transmit to the criminal court of the British possession by which the person charged is to be tried a copy of the evidence, certified as correct under the seal of the court before which the evidence was taken, or the signature of a judge of that court: (c.) Thereupon the court of the British possession before which the trial takes place shall allow so much of the evidence so taken as would have been admissible according to the law and practice of that court, had the witness been produced and examined at the trial, to be read and received as legal evidence at the trial: (d.) The court of the British possession shall admit and give effect to the law by which the alleged offender would have been tried by the British court in the foreign country in which his offence is alleged to have been committed, as far as that law relates to the criminality of the act alleged to have been committed, or the nature or degree of the offence, or the punishment thereof, if the law differs in those respects from the law in force in that British possession.
(2.) Nothing in this section shall alter or repeal any law, statute, or usage by virtue of which any offence committed out of Her Majesty's dominions may, irrespectively of this Act, be inquired of, tried, determined and punished within Her Majesty's dominions, or any part thereof.
7. Where an offender convicted before a British court in a foreign place of punish country has been sentenced by that court to suffer death, penal servitude, imprisonment, or any other punishment, the sentence shall be carried into effect in such place as may be directed by Order in Council or be determined in accordance with directions given by Order in Council, and the conviction and sentence shall b of the same force in the place in which the sentence is so carried into effect as if the conviction had been made and the sentence passed by a competent court in that place.
Validity of acts
in Council.
8. Where, by Order in Council made in pursuance of this Act, any done under Order British court in a foreign country is authorised to order the removal or deportation of any person from that country, that removal or deportation, and any detention for the purposes thereof, according to the provisions
FOREIGN JURISDICTION ACT, 1890
177
of the Order in Council, shall be as lawful as if the order of the court were to have effect wholly within that country.
jurisdiction to
Foreign
9. It shall be lawful for Her Majesty the Queen in Council, by Power to assign Order, to assign to or confer on any court in any British possession, or British courts in held under the authority of Her Majesty, any jurisdiction, civil or criminal, cases within original or appellate, which may lawfully by Order in Council be assigned Jurisdiction Act to or conferred on any British court in any foreign country, and to make such provisions and regulations as to Her Majesty in Council seem meet respecting the exercise of the jurisdiction so assigned or conferred, and respecting the enforcement and execution of the judgments, decrees, orders, and sentences of any such court, and respecting appeals therefrom.
Orders in
10. It shall be lawful for Her Majesty the Queen in Council to revoke Power to amend or vary any Order in Council made in pursuance of this Act.
Council.
and effect of
11. Every Order in Council made in pursuance of this Act shall be Laying before laid before both Houses of Parliament forthwith after it is made, if Parliament, Parliament be then in session, and if not, forthwith after the commence- Orders in ment of the then next session of Parliament, and shall have effect us if it Council. were enacted in this Act.
Orders in
12.-(1.) If any Order in Council made in pursuance of this Act as In what cases respects any foreign country is in any respect repugnant to the provisions Council void for of any Act of Parliament extending to Her Majesty's subj cts in that repugnancy. country, or repugnant to any order or regulation made under the authority of any such Act of Parliament, or having in that country the force and effect of any such Act, it shall be read subject to that Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be void.
(2.) An Order in Council made in pursuance of this Act shall not be or be deemed to have been, void on the ground of repugnancy to the law of England unless it is repugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid.
persons
Foreign Jurisdio-
13.-(1.) An action, suit, prosecution, or proceeding against any Provisions for person for any act done in pursuance or execution or intended protection of execution of this Act, or of any enactment repealed by this Act, or of any oting under Order in Council made under this Act, or of any such jurisdiction of Her tion Acts. Majesty as is mentioned in this Act, or in respect of any alleged neglect or default in the execution of this Act, or of any such enactment, Order in Council, or jurisdiction as aforesaid, shall not lie or be instituted--
(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 the action, suit, prosecu. tion, or proceeding have been within the jurisdiction of the court in which the same is instituted; nor
(b.) in any of Her Majesty's courts without Her Majesty's dominions unless the cause of action arose within the jurisdiction of that court, and the action is commence 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 to 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 in- Original from UNIVERSITY OF MICHIGAN
Jurisdiction
tain Eastern seas.
178
FOREIGN JURISDICTION ACT, 1890
curred 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.
14.-It shall be lawful for Her Majesty the Queen in Council to over ships in cer- make any law that may seem meet 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 or of Japan, 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.
Provision as to
15. Where any Order in Council made in pursuance of this Act subjects of Indian extends to persons enjoying Her Majesty's protection, that expression
shall include all subjects of the several princes and states in India.
princes.
Definitions.
Power to repeni
or vary Acts in
16.
In this Act,--
19
The expression "foreign country means any country or place out
f Her Majesty's dominions:
C
The expression "British court in a foreign country means anv British court having jurisdiction out of Her Majesty's dominions in pursuance of an Order in Council whether made under any Act or otherwise:
The expression "jurisdiction" includes power.
17.-The Acts mentioned in the Second Schedule to this Act may
Second Schedule, be revoked or varied by Her Majesty by Order in Council. Repeal.
Short title.
18.-The Acts mentioned in th Third Schedule to this Act are hereby repealed to the extent in the third column of that schedule mentioned: Provided that,-
1890.
(1) Any Order in Council, commission, or instructions made or issued in pursuance of any enactment repealed by this Act, shall, if in force at the passing of this Act, continue in force, until altered or revoked by Her Majesty as if made in pursuance of this Act; and shall, for the purposes of this Act, be deemed to have been made or issued under and in pursuance of this Act; and
(2) Any enactment, Order in Council, or document referring to any enactment repealed by this Act shall be construed to refer to the corresponding enactment of this Act.
19.-(1.) This Act may be cited as the Foreign Jurisdiction Act,
(2.) The Arts whereof the short titles are given in the First Schedule to this Act may be cited by the respective short titles given in that schedule.
1
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FOREIGN JURISDICTION ACT, 1890
179
SCHEDULES
SESSION
AND CHAPTER.
FIRST SCHEDULE (Sections 5 and 19)
TITLE.
ENACTMENTS WHICH MAY BE EXTENDED BY ORDER IN COUNCIL.
12 & 13 Vict. c. 96. An Act to provide for the Pro- The whole Act.
14 & 15 Viet c. 99.
17418 Vict. c. 104.
19 & 20 Vict. c 113.
22 Vict. c. 20.
secution and Trial in Her Majesty's Colonies of Offences committed within the juris- diction of the Admiralty. An Act to amend the law of
evidence.
The Merchant Shipping Act,
1854.
An Act to provide for taking evidence in Her Majesty's Dominions in relation to civil and commercial matters pend- ing before Foreign tribunals.
Short TITLE.
Admiralty Offences (Colonial) Ac 1849.
Sections seven and Evidence Act, 1851
eleven. Part X.
The whole Act.
An Act to provide for taking The whole Act.
evidence in Suits and Proceed-
ings pending before Tribunals
in Her Majesty's Dominions,
in places out of the jurisdic- tion of such tribunals.
22 & 23 Vict. c. 63. An Act to afford Facilities for The whole Act.
the more certain Ascertain- ment of the Law administered
in one Part of Her Majesty's Dominions, when pleaded in ¦ the Courts of another Part thereof.
23 & 24 Vict. c. An Act to enable the Legisla. The whole Act.
122.
tures of Her Majesty's PossES- sions Abroad to make Enact- ments similar to the Enact-
ment of the Act ninth, George the Fourth, chapter thirty- one, section eight.
24 & 25 Vict. c. 11. An Act to afford facilities for The whole Act.
30 & 31 Vict. c.
124.
37 & 38 Vict. c. 94.
44 & 45 Vict. c. 69.
48 & 40 Vict. c. 74.
the better Ascertainment of the Law of Foreign Countries when pleaded in Courts with- in Her Majesty's Dominions. The Merchant Shipping Act.
1867.
The Conveyancing (Scotland)
Act, 1874.
The Fugitive Offenders Act,
1881.
i
Section eleven.
Section fifty-one.
The whole Act.
The Evidence by Commission The whole Act.
Act, 1885.
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| Foreign Tribunals
Evidence Act, 1856.
!
Evidence by Com- mission Act, 1859.
British Law Ascer- tainment Act, 1859.
Admiralty Offences (Colonial) Act,
1860.
Foreign Law Ascer-
tainment 1861. UNIVERSITY OF MICHIGAN
Act,
180
FOREIGN JURISDICTION ACT, 1890
SECOND SCHEDULE (Section 17)
Acts which may be revoked or varied by Order in Council
SESSION AND CHAPTER.
4 & 25 Vict. c. 31.
26 & 27 Vict. c. 35.
SESSION ANd ChapteR.
TITLE.
Extent of Repeal.
An Act for the prevention and punishment The whole Act.
of offences committed by Her Majesty's subjects within certain territories adja- cent to the colony of Sierra Leone.
An Act for the prevention and punishment The whole Act.
of offences committed by Her Majesty's subjects in South Africa.
THIRD SCHEDULE (Section 18)
Enactments repealed
TITLE OR SHORT TITLE.
EXTENT OF REPEAL.
6 & 7 Vict. c. 94 20 & 21 Vict. c. 75
28 & 29 Vict. c. 116
29 & 30 Vict. c. 87
33 & 34 Vict. c. 55
38 & 39 Vict. c. 85 39 & 40 Vict. c. 46
41 & 42 Vict. c. 67
The Foreign Jurisdiction Act, 1843 An Act to confirm an‹ rder in Council con- cerning the exercise of jurisdiction in matters arising within the kingdom of Siam
The Foreign Jurisdiction Act Amendment
Act, 1865.
The Foreigu Jurisdiction Act Amendment
Act. 1866.
The whole Act.
The whole Act.
The whole Act.
The whole Act.
The Siam and Straits Settlements Juris- The whole Act.
diction Act. 1870.
The Foreign Jurisdiction Act, 1875. An Act for more effectually punishing offences against the laws relating to the slave trade.
The Foreign Jurisdiction Act, 1878.
The whole Act. Sections four and six.
The whole Act. UNIVERSITY OF MICHIGAN
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:-
6 and 7 Viot.
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS an Act of Parliament was passed in the Sssion of the sixth Preamble. and seventh years of Her Majesty's reign (chapter eighty) "for the better . 80. 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 an 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 6 and 7 Vict. Session (chapter ninety-four) "to remove doubts as to the exercise of *. 94. 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 Order refers):
And whereas, by the Foreign Jurisdiction Act it was enacted (among other things) that it was and should be lawiul 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 Treoon 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 ordmances for the better government of Her Majesty's subjects being UNIVERSITY OF MICHIGAN
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Short Title.
Interpretation.
182
ORDER IN COUNCIL
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 exercise of Her Majesty's power and jurisdiction aforesaid, and par- ticularly for the more regular and efficient administration of justice among Her Majesty's subjects resident in or resorting to the dominions of the Emperor of China or of the Tycoon 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:
1.-PRELIMINARY
1. This Order may be cited as The China and Japan Order in Coun- 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' inclules every officer in Her Majesty's Consular Service, whether Consul-General, Consu, 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 Merchant Shipping Act, 1854, or any other Act of Parliament for the time being in force for the regulation of merchan 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 Chie: Superintendent of Trade: The term "Treaty" includes Couvention, and any Agreement, Regula- tions, Rules, Article, Tariff, or other instrument 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).
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H.B.M. SUBJECTS IN CHINA AND JAPAN
183
3. The provisions of this Order relating to British subjects apply to British subjects. all subjects of Her Majesty, whether by birth or by naturalization.
The provisions of this Order relating to foreigners apply to subjects Foreigners. 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
Order.
4. All Her Majesty's jurisdiction exercisable in China or in Japan for Her Majesty's the judicial hearing and determination of matters in difference between jurisdiction to British subjects, or between foreigners and British subjects,-or for the according to this 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.
tered.
5. Subject to the other provisions of this Order, the civil and criminal Law of England jurisdiction aforesaid shall, as far as circumstances admit, be exercised to be adminis- 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.
6. Except as to offences made or declared such by this Order, or by What to be 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
deemed criminal
acta.
7. There shall be a Court styled Her Britannic Majesty's Supreme Style and seal of Court for China and Japan.
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.
Supreme Court.
8. The Supreme Court shall hold its ordinary sittings at Shanghai, Place of sitting. 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.-22. Revoked.
23. The Judge, Assistant Judge, and Law Secretary shall hold office Tenure of office
of Judge, during the pleasure of Her Majesty, but any warrant of appointment to Assistant Judge, the office of Judge, Assistant Judge, or Law Secretary shall not be vacated and Law by reason only of a demise of the Crown.
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 warraut 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
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Secretary. UNIVERSITY OF MICHIGAN
Consular officers temporarily attached.
Provincial Courts to be
held by Consuls
or Vice-Consuls (commissioned),
or by acting Consuls or Vice-Consuls.
Seal.
Qualifications Jurors.
Exemptions
184
ORDER IN COUNCIL
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 tim temporarily attach to the Supreme Court any persons holding appointments as Consuls or Vice-Consuls.
A
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 Assistan: 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 China or in Japan with the exception of Her Majesty's Consuls at Shanghai, 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.
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 upwar.is,-being able to speak and read English, -having or earning a gross income at the rate of not less than 250 dollars a vear,-not having been attained of treason or felony or convicted of any crime that is infamous (unless he has obtained a free pardon) ana not being under outlawry,-shall be qualified to serve on a jury.
27. All persons so qualified sall be liable so to serve, except the following:-
Persons in Her Majesty's Diplomatic, Consular, or other Civil service
iu 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 hol ting 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;
Paysicians, surgeons, and apothecaries in actual practice; And except persons disabled by mental or bodily infirmity.
H.B.M. SUBJECTS IN CHINA AND JAPAN
185
list
28. On or before the 14th day of September, in the year 1865, and on or Making of Jary 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 affixel 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 thereo (of which public notic shall be given), shall revise the list by striking ut 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.
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 fewer than fifteen, as seem requisite.
attendance of jurors.
Any person failing to attend according to such summons shall be Penalty. liable 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 fined notice in writing of the imposition of the fine, ani 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 afidavit, and may, if it deem proper, remit the fine.
30. A jury shall consist of five jurors. 31. In civil and in criminal cases the like challenges shall be allowed Challenges. as in England. with this addition, that in civil cases each party may challenge three jurors peremptorily.
Number of jury.
Unanimity.
Consular
32. A jury shall be required to give an unanimous verdict. 33. Where a Provincial Court proceeds, in pursuance of this Order, Provincial to bear and determine any case, civil or criminal, with Assessors, the Court,- Court shall nominate and summon as Assessors, not less than two and Assessors,
their number; not more than four indifferent British subjects of good revute, resident
qualifications in the district of the Court.
Where, however, by reason of local circumstances, the Court is able to obiain 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 and functions. Court in any case, civil or criminal; but an Assessor dissenting in a cirilm
Ordinary
original
jurisdiction of
186
ORDER IN COUNCIL
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 I.-In General
35. All Her Majesty's jurisdiction, civil and criminal, exercisable in China, shall, for and within the district of the Consulate of Shanghai, Supreme Court. be vested exclusively in the Supreme Court as its ordinary original
jurisdiction.
Jurisdiction of
Provincial Court.
Concurrent
jurisdiction
Provincial
36. All Her Majesty's jurisdiction, civil and criminal, exercisable in China, beyond the district of the Consulate of Shanghai and not under this Or er vested exclusively in the Supreme Court,
shall to the extent and in the manner provided by this Order be vested in the
rovincial Courts, each for and within its own district.
.
37. The Supreme Cour: shall have, in all matters civil and of Supreme with criminal, an extraordinary original jurisdiction throughout China,
concurrent with the jurisdiction of the several Provincial Courts, such extraordinary jurisdiction to be exercised subject and according to the provisions of this Order.
Courts.
Visits to Provincial Courts.
Reference of case by Provincial to Supreme Court,
Court of Record.
Barristers, attorneys,
and solicitors.
Consul at Shanghai to be Sheriff.
Execution by
of writs, 40.,
from Supreme
Court.
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 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.
The Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding avthing 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.
41. The Judge of the Supreme Court may from time to time admit fit persons to practice in the Supreme Court as barristers, attorneys, and 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.
42. Her Majesty's Consul at Shanghai shall have all the powers and authorities of the Sheriff of a county in England, with all the privileges and immunities of the office, and as such Sheriff shall be charged with the execution of all decrees, orders, and sentences inade and passed by the Supreme Court, on the requisition in that behalf of the Supreme Court.
43. Each Provincial Court shall execute any writ, order, or warrant Provincial Court issuing from the Supreme Court and directed to the Provincial Court, and may take security from any person named therein for his appearance 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. UNIVERSITY OF MICHIGAN
H.B.M. SUBJECTS IN CHINA AND JAPAN
187
41. 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 writs, &c., from
Hongkong. and accompanied by a request for such execution 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.
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, Consular or warrant of the Supreme Court of Hongkong.
› Officers.
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, anxiliary.
civil or criminal.
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 Supreme Court
Court from time to time directs.
II.-In Civil Matters
RECONCILIATION AND ARBITRATION
48. Every Court may promote reconciliation, and encourage and Settlement of facilitate the settlement in any amicable way of any suit or proceeding litigation. pending before it.
by Court.
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 arbitration all matters in reference between the parties, on such terms and with such directions as to appointment of arbitrator and other things as may seem fit, and may, if i 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 decrce 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 mad
50. Every agreement for reference to arbitration, or submission to Reference to arbitration, by consent, may on the application of any party, be .ade 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 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 Law and Equity. Equity.
Special Authorities of Courts
52. The Supreme ant every other Court shall be a Court of Bank- Bankruptcy. ruptcy, and as such shall, as far as circumstances admit, have (as to a Provincial Court, for and within its own listrict), 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 judicial authority having for the time being jurisdiction in Bankruptcy in England.
53. The Supreme and every other Court shall (as to a Provincial Coroner, 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.
Dyneemt by D9
Google UNIVERSITY OF MICHIGAN
Admiralty.
Lunsoy.
Matrimonial Causes.
Probate and
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ORDER IN COUNCIL
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, bave 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 persous 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, Administration. as far as circumstances admit, 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 jurisdiction as for the time being belongs to Her Majesty's Court of Probate in England.
Testamentary papers to be deposited in Court.
Penalty.
Property of intestate until administration.
Penalty on
without probate.
A Provincial Court shall, however, 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 his 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.
Such a grant shall not be impeachable by reason ouly that the de- ceased had not at the time of his death his fixed place of abode within the particular jurisdiction.
58. Any person having in his possession or under his control any paper or writing of a deceased British subject, being or purporting to be testa- mentary, shall forth with bring the original to the Court within the district whereof such person is a. the time of his first knowledge of the death of the deceased, and deposit it there.
Any person neglecting to do so for fourteen days after having know- ledge of the death of the deceased shall be liable to such penalty, not exceeding 250 dollars, as the Court thinks fit to impose.
59. From the death of a British subject, having at the time of death his fixed place of abode in China or Japan, intestate, until 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.
60. If any person, other than one of Her Majesty's Consular Officers, administration takes possession of and in any manner administers any part of the personal property of any person deceased, without obtaining probate or administra- tion within three months after the death of the deceased,-or within one UNIVERSITY OF MICHIGAN
H.B.M. SUBJECTS IN CHINA AND JAPAN
189
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 posses- place of abode in China or Japan, dies there, the Court within whose dis- sion of property
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 seal of the Court (in either case, if the nature 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
with Jury.
62. Where a suit originally instituted in the Supreme Court relates Cases for trial to money, goods, or other property, or any matter at issue of the amount 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 be heard and determined in summary way) a suit so instituted may be tried 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 provision 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, cases 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.
In all other cases the Court (subject to the provisions of the Order respecting inability to obtain an Assessor) shal! hear and determine the cases with Assessors.
III.-In Criminal Matters
64. Every Court may cause to be apprehended and brought before it Powers of any British subject being within the district of the Court and charged over British
apprehension with having committed a crime or offence in China or in Japan, and may subjects, 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.
district.
65. Where a person charged with having committed a crime or offence Accused escap- in the district of one Court escapes or removes from that district, and is ing to another 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
I
TOM
Backing of
in British dominions.
190
ORDER IN COUNCIL
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 warrant issued 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.
ending of prisoner to Hongkong for trial.
Supreme Court, Jury.
Summary jurisdiction.
Sentence of death.
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 punisied 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.
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 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.
69. Where any person is sentenced to suffer the punishment of death, 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 hand.
Dynet by
H.B.M. SUBJECTS IN CHINA AND JAPAN
191
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.
Court,-
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 Consular 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).
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, Punishment. and with or without a fine not exceeding 1,000 dollars, or the punishment
of a fine not exceeding 1,000 dollars without imprisonment.
Provincial for
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, it proved, of case by 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.
73. Every Court and authority in imposing and inflicting punish Punishment 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, regarded. shall have regard, as far as circunstonces admit, and subject to the other provisions of this Order, to the punishments imposed by the law of Eng- land in like cases, and to the mode in which the same are inflicted in England.
or
Payment of expenses by offender;
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, 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 or by accuser. 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.
Recovery of
76. In either of the two last-mentioned cases, the amount ordered to be paid shall be deemed a det dube to the Crown, and may by virtue expenses. of the order, without further proceedings, be levied on the property of the person convicted or making the charge, as the case may be.
Mitigation or
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 remission of expedient, the Judge of the Supreme Court may at any time, and from punishment. 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 (according as the crime or offence was committed in China or Japan) recommending a mitigation or remission of the punishment; and on such recommendation UNIVERSITY OF MICHIGAN
Place of imprisonment
in China or Japan.
Imprisonment
in British dominions.
In criminal cases, reports to Secretary of State.
Punishment for levying war, &c.
192
ORDER IN COUNCIL
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 inade with respect to any punishment awarded by a Provincial Court, exc"pt 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 inay, where it seems expedient, by warrant under is 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 Jajan, 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 Foreign Jurisdiction Act, section 5) be sent for imprisonment to Hongkong.
The Judze 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 ou him may be there carriel 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 hear 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 Supreme 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 an observations the Court thinks fit. The Judge of the Supreme Court shall, when required by one of Her Majesty's Principal Secretaries of State, transmit the same to the Secretary of State, and may send therewith any observations he thinks fit.
VI.-WAR, INSURRECTION, or Rebellion
81. If any British subject commits any of the following offences, that 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 80 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. UNIVERSITY OF MICHIGAN
II.B.M. SUBJECTS IN CHINA AND JAPAN
193
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.
Forces of the
ligence.
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 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, Chias, without 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.
Court.
84. 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 Provincial 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 anythng in this Order) the case shall be so heard and determined accord- ingly.
VII.-TREATIES AND Regulations
Treaties.
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 violation of 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. to 91.-Revoked
VIII. UNLAWFUL TRADE WITH JAPAN
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 any thing in this Order) the case shall be so heard 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, &c. 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 trade by this Order declared unlawful, and may either detain the vessel, with the master,
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as to entering
waters, &c.
Penalties and proceedings.
Seizure of vessel.
Jurisdiction as to piracy.
Report by
Provincial Court,
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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 of any proceedings taken in respect of such misdemeanour.
IX.-JAPANESE WATERS
95. When and as often as it appears to Her Majesty's Minister in Japan that the unrestricted entrance of British vessels into, or the 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.
96. The forgoing provisions of this Order relative to the making, 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.
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 inay 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.
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XI.-OFFENCES AGAINST RELIGION
195
summary way
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 Punishment in publicly offering any insult to any religious service, feast, or ceremony for public insult established or kept in any part of China or in Japan, or to any place for to religion
or religious worship, tomb, or sanctuary belonging to any such religion, or to the institutions. ministers or professors thereof,-or of wilfully committing any act tending to bring any such religion or its ceremonies, mode of worship, orobservances 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 Majest'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
and Japan.
101. Where a British subject, being after the commencement of this furisdiction of Order in China or in Japan, is charged with having committed, either Courts in China before or after the commencement of this Order, any crime or offence within 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 reliminary examination and commit him for trial.
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 Provincial pendency of the case.
The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be beard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accord- ingly.
Court.
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, other provisions, extend and apply to every such case, in like manner as if the crime or offence had been committed in China or Japan.
Jurisdiction at
104. Where a British subject, being after the commencement of this Order in Hongkong, is charged with having committed, either before or Hongkong. 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.
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 Naval Deserters. 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
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Deportation, what cases.
Place of Deportation.
Report by Provincial Court.
Time of deportation.
Order for expenses.
Report of deportation.
Deportation to and from Hongkong.
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on investigtaion that any person so apprehended 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
106. (i.) When it is shown on oath, to the satisfaction of any of Her 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 Order the Court shall not, without the consent of the person to be deported, direct the deportation of any person to any place other than Hongkong or England.
108. A Provincial Court shall forthwith report to the Judge of the Supreme Court any order of deportation made by it, and the grounds thereof.
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 & 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 custody (so that the period of such detention do not exceed three months), or else shall discharge him from custody.
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returning.
113. If any person deported returns to China or Japan without the Punishment for 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
114 Every British subject resident in China or Japan,--being of the Annual registra age of 21 years or upwards, or being married, or a widower or widow, though tion of residents. under that age, shall, in the month of January in the year 1866 and every subsequent year, register imself 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.
Every British subject not so resident arriving at any place in China. Registration of 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.
non-residents.
Any person failing so to register himself or herself, and not excusing Penalty. his or her failure to the satisfaction of the Consular Officer, shall not be 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.
115. Every person shall on every registration of himself or herself Fee. 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 Oginal from UNIVERSITY OF MICHIGAN
Dip Dyes by
Compulsory attendance of British subjects before foreign tribunals.
Leave to appeal to be obtained.
On convie'ia
on indictment,
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ORDER IN COUNCIL
direct, a trial with a jury, then, but not otherwise, by the Judge, Assi-tant Judge, Law Secretary, or proper Consular officer, with a jury.
118. When it is shown to any of Her Majesty's 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 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 exped ent 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 his 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 discre- tion of the Court.
XVI. APPEAL TO SUPREME COURT
1.-In Civil Cases
119. Where any decision of a Provincial Court, sitting with or without 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 nay 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.
S
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 of a crime or off. nce 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.
question of law
On summary conviction
appeal on point of law to lie.
Postponement of judgment or execution.
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 in 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 UNIVERSITY OF MICHIGAN
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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
124. The judgment of the Supreme Court shall be delivered in open bebo 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, it necessary, Amendment of 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, Refusal to state it seems to the Court or Officer that the application is merely frivolous, summary con but not otherwise, the Court or Officer may refuse to state a case.
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
viction.
127. The Judge of the Supreme Court may, from time to time, frame Rules to be
framed by Judge Rules for any purpose for which it is before in this Order expressed or of Supreme implied that Rules of procedure or practice are to be made, and also for Court. the regulations of procedure and pleading, forms or writs, and other pro- ce dings, expenses of witnesses and prosecutions, costs and fees, in