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Executive Committee:-
HORACE DAVIS, President.
JAMES HOGG,
H. SHERWOOD,
Managing Directors.
Branch in HONGKONG:-
W. S. ALLEN,
Manager,
PEDDER STREET.
SPERRY FLOUR COMPANY
(INCORPORATED)
MERCHANT MILLERS
PROPRIETORS OF
The following celebrated Brands of Flour :-
'SPERRY'S XXX'
'GOLDEN GATE'
DRIFTED SNOW'
'PIONEER' 'ANCHOR' 'BUCKEYE'
SAN FRANCISCO OFFICE, 133, SPEAR STREET.
士巴利麵粉公司
ISPERRY'S MILLS
香港中環必打
BAKERS FLOUR
SPERRY & CO.
STOCKTON CALIFORNIA
BAN FRANCISCO OFFICER
185 California Street
街
The above is a Facsimile of our Celebrated Brand of Flour.
SAN FRANCISCO BUSINESS COLLEGE,
1,236, MARKET STREET,
SAN FRANCISCO, CAL., U.S.À.
A first-class Business Education at a low cost.
SEND FOR CATALOGUE.
C. E. HOWARD, Manager.
A. S. WEAVER, Principal.
SCOTT & GILBERT CO., MANUFACTURING CHEMISTS,
300 and 302, DAVIS ST., SAN FRANCISCO, CAL.
PREPARE FOR EXPORT
WRITING INKS, MUCILAGE, FLAVORING EXTRACTS, BICYCLES, SEWING MACHINES and GUN OILS, SHQE DRESSINGS, CARBONATED BEVERAGES, Etc. Correspondence Solicited.
VULCAN ICE MAKING AND
•
REFRIGERATING MACHINES
OF ANY DESIRED CAPACITY.
SEND FOR CATALOQUB
REFERENCES IN THE PHILIPPINES
THOS. E. EVANS & CO., Manlia.
U. S. A. ICE PLANT, Cavite.
U. S. A. HOSPITAL, Cebu.
U. S. A. FIRST RESERVE Hospital, Manila.
U. S. MILITARY GOVERNMENT IN THE PHILIP.
PINES-13 Machines.
PACIFIC COAST 8. S. CO.-4 Machines,
U. 5. A. TRANSPORTS-8 Machines.
PACIFIC MAIL STEAMSHIP CO.-15 Machines.
OCEANIC STEAMSHIP CO.-8 Machines.
PACIFIC STEAM NAVIGATION CO.-1 Machine.
VULCAN IRON WORKS
SAN FRANCISCO, CAL..
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Cable Address "Vulcan ·
BUILT BY KANG ON & CO
KANGON & CO
BUILDERS
CONTRACTORS
Honkong
BUILT BY KANG ON & C2
Google
SENNET FRERES
ENNET
FRERES
WATCHMAKERS, JEWELLERS
& DIAMOND MERCHANTS
NANKING ROAD,
SHANGHA
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BANKS
Chartered Bank of India, Australia & China.
HEAD OFFICE:~HATTON COURT, THREADNEEDLE STREET, LONDON. Incorporated by Royal Charter.
PAID-UP CAPITAL, in 40,000 Shares of £20 each.. RESERVE FUND
COURT OF DIRECTORS 1902-1903.
Sin EDWARD F. ALFORD, WILLIAM CHRISTIAN, Esq. SIK H. S. CUNNINGHAM, K.C.IE. SIR ALFRED DENT, KC,M,G,
£800,000 £650,000
HENRY N. GLADSTONE, Esq.
JOHN HOWARD GWYTHER, Esq. (Chairman,) EMILE LEVITA, Esq. JASPER YOUNG, Esq.
JOINT MANAGERS -C'ALEB LEWIS AND T. H. WHITEHEAD,
AUDITORS.
MAURICE NELSON GIRDLESTONE, Esq.
MAGNUS MOWAT, Esq.
BOMBAY.
CALCUTTA.
RANGOON. COLOMBO.
BANKERS.
THE BANK OF ENGLÅND; THE LONDON CITY AND MIDLAND BANK, LIMITED;
THE NATIONAL BANK OF SCOTLAND, LIMITED.
MADRAS.
PENANG.
THAIPING.
AGENCIES AND
IPOH (PERAK). SINGAPORE, KWALA-LUMPOR,
DELI (SUMATRA)., BATAVIA,
Continent.
BRANCHES.
BANGKOK.
SOURABAYA. CEBU. MANILA.
LIST OF CORRESPONDENTS.
Peru-Mesienrs OFFRoy Guiard & Cir. Amsterdam-Messrs. Horz & Co, Messrs. WERTHEIM & Gompertz, Bank of AmSTERDAM, NETHER- LAND TRADING SOCIETY.
BANK OF ROTTERDAM.
Berlių 3. Frankfort.....Deutsche Bank
Bresta
Hamberg
Messrs. WIDOW J. Lang'an Sox & Co. Messrs. SCHULTZR & WOLDK.
Messrs. J. Barenberg GOSSLER & Co.
Australia and New Zealand.
Bax or AUSTRALASIA.
Bank of New South WALES,
Boya or Victoria, LiMITED.
CRONTAL Bank op Äustralasia, LamicKD,
CONMARITAL BANK OF AUSTRALIA, LIMITED.
Coxnancial Banking Company of Sydsøy, LIMITED,
Loydon BANK OF AUSTralia, LimiTED,
Åsguise, ScoTTIAH, AND Australian Bank, Limited. Choy BANK OF AUSTRALIA. LIMITED.
JK OF Nxw ZealaND.
SATIONAL Bank or New Zaaland, LimiteD.
1.
སཱ、་བ་་་
National Bank of India, Limited.
BANK OF BENGAL.
derindric..........Axglo-Egyptian Bank, Limited,
|
HONGKONG.
FOOCHOW.
SHANGHAI. TIENTSIN.
United States and Canada.
HANKOW. YOKOHAMA. KOBE. NEW YORK.
Toronto § Montreal, Canadian Bank of COMMERCE.
ANGLO CALIfornian Banx, LIMITED. BANK OF CALIFORNIA,
CANADIAN BANK OF Commercr.
California LONDON, PARIS AND AMERICAN BANK, LD,
LONDON & SAN FRANCISCO Bask, LinitaD. THE SAN FRANCISCO NATIONAL BANK, Chicago- FIRST NATIONAL BANK OF CHICAGO.
'TRADESMEN'" Ña110 ·AL BANK. Philadelphia {For STT NATIONAL BANK Seattle-National Bank OF COMMERCE
Honolulu
Messrs. Bi-нo & Co.
{ First National Bank of Hawan, Lb.
South Africa.
STANDARD Bank of South Africa, Limited.
| The Bank or Africa, Limited.
South America,
BRITISH BAN* of South AMERICA, LIMITED. LONDON AND RIKK PLATE В nk, LimitED, Banco de Chilk.
BANK OF TARAPACA AND Argentina, Limited,
Naples.
Messrs. MAURICOFFRE & Co.
Newchwung
Odessa
Padang
Port Said
Raunion...
Roms
tes wr
Credit LyuNNAIS
Joy
Heasts. TAIT & Co.
Bire one
CREDIT LYONNAIS,
Cut:
"Sres. ARANBURU HERMA.
Cartal ad
ANGLO-EGYPTIAN BANK, LIMITED.
AUSTRIAN SOCIETY Or CREDIT (formerly
Gottlieb Lederer)
Corsabe, Eckford & Co.
E. MEYER & Co.
Cvetantinople Credit Lroa NAIS.
"Mesars, Guanet, Brown & Co.
Messrs. SPEIDEL & CO.
DEUTSCH AMATISCHE BANK,
National Bask or Iapta, LIMITED.
#
BANK OF BENGAL.
Messrs. Briss & Co.
M Jr f
Mosers. AYNARD & Fils.
Sres. VDA. é H10 dx DN, A. G. MORENO.
ANGL-HEGYPTian Bask, Limited.
Messrs. EsrRIXE & Co.
BANK OF MAURITIUS, LIMITED.
A
"Zaccaria Pisa.
BANK OF MADRAN,
Holme, Rixoxx & Co.
AMERICAN Trading Co.
BANQUE D'ESCOMPTE D'ÖDESSE.
PADANG-CHx Handel Maatschappij.
IMPERIAL OTTOMAN BANK.
Banque de L'ILE DE LA REUNION,
BANCÁ € MMerciale ItaLIANA,
St. Petersburg..CREDIT LYONNAIS.
Saigon..
Samarung
Sandakan
Messrs. SPEIDEL & Co.
INTERNATIONALE CERDIET KN HANDELS.
VARENIGINg "RotterdAM."
Messrs. BEнn, Meyer & Co.
"Georg MeiNECKE,
Imperial OTTOMAN BANK.
Messrs. BUTTERFIELD & SWIRE
Tulienman......CORNABÉ Eckford & Co.
She.....
Smyrna
Swatne
Trieste....
Valencia....
Venice.
Viennu....
‚K. K. Priv, OESTERREICHIS· HEN CREDIT.
ANSTALT FÜR HANDEL & G&WERBY. Sren. SANCHO Y COMPANIA.
Banca ComMERCIALE ITALIANA,
K. K. PRIV, ÜnsteruFICHISCHEN Cardir.
ANSTALT FÜR HANDEL & G£" ****. Vladivostock "‚0. W. Landholm & Co. Wei-hai-wei Corsabe, Eckford & Co.
Messrs. SMITH, Bell & Cu. Zanzibar.........................Mesurs. Handing & Co.
Iloilo
'pures's Road, Hongkong, 1st Jan., 1903. T. P. COCHRANE, Actg. Manager, Hongkong.
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THE
BANKS
MERCANTILE BANK
OF INDIA, LIMITED.
Authorised Capital
Subscribed
Paid-up
Reserve Fund
£1,500,000
1,125,000
562,500
50,000
HEAD OFFICE: 40, THREADNEEDLE ST., LONDON, E.C.
BANKERS :
Bank of England and the
BRANCHES :
London Joint Stock Bank, Limited.
Calcutta, Bombay, Karachi, Madras,
Colombo, Singapore, Kandy and Galle.
INTEREST allowed on Current Accounts at the rate of Two per cent. per annum on the daily balance.
The Bank receives Current and Fixed Deposits on terms which may be learned on application.
OFFICE HOURS 10 TO 3; SATURDAYS 10 TO 1.
HONGKONG, 1ST JANUARY, 1903.
EVAN ORMISTON,
Acting, Manager..
Google
Digitized by
BANKS
Guaranty Trust Co. of New York.
(AMERICAN BANK.)
Fiscal Agents of the United States Government :
·
MANILA, PHILIPPINE ISLANDS, HONGKONG, CHINA.
Depository of the Government of the Philippine Islands, Manila.
Capital .
Surplus and Undivided Profits
U.S. Gold $2,000,000
"
99
5,180,000
U.S. Gold $7,180,000
HEAD OFFICE: CEDAR STREET, NEW YORK.
WALTER G. OAKMAN, President.
ADRIAN ISELIN, JR., Vice-President | GEO. R. TURNBULL, 2nd Vice-President HENRY A. MURRAY, 3rd
""
WM. C. EDWARDS, Treasurer
F. C. HARRIMAN, Assist. Treasurer
GEORGE F. BAKER. AUGUST BELMONT. GEORGE 8. BOWDOIN. FREDERIC CROMWELL. WALTER R. GILLETTE. E. H. HARRIMAN.
G. G. HAVEN.
R. SOMERS HAYES.
CHARLES R. HENDERSON.
ADRIAN ISELIN, JR.
JOHN GAULT, Manager Foreign Dept. E. C. HEBBARD, Secretary
R. C. NEWTON, Trust Officer
Directors:
JAMES N. JARVIE.
AUGUSTUS D. JUILLIARD. RICHARD A. McCURDY. LEVI P. MORTON. WALTER G. OAKMAN. ALEXANDER E. ORR. HENRY H. ROGERS. H. McK. TWOMBLY.
FREDERICK W. VANDERBILT. HARRY PAYNE WHITNEY.
London Office:
33 and 35, LOMBARD STREET, E.C., and 60, ST. JAMES'S STREET, S.W.
F. C. BISHOP, Manager, Eastern Department.
London Committee:
ARTHUR JOHN FRASER, Chairman.
DONALD C. HALDEMAN
LONDON BANKERS. PARR'S BANK, LIMITED.
Hongkong.-E. F. GROS, Acting Manager. Manila.-A. P. BULLEN, Acting Manager,
Shanghai.-J, D. LONGMIRE, Acting Manager.
RUSSO-CHINESE BANK in Hongkong and Manila.
Agencies LIQUIDATOR, BANK OF CHINA & JAPAN in Liquidation in Hongkong.
HONGKONG--Interest Allowed
On Current Deposit Accounts at the rate of 2 per cent, per annum on tl:e Daily Balar ce. On Fixed Deposits:
For 3 months 2) rer cent. per annum.
6
"
31
11
12 "
"
"
"
General Banking and Exchange Business of every description transacted with the United States of America, Europe, India, China and Japan.
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A 1*
ESTATE AND FINANCE COMPANY
CO., ESS
HUMPHREYS ESTATE AND FINANCE CO.,
LIMITED.
CAPITAL, FULLY PAID-UP
RESERVE FUNDS
$,1000,000 250,000
J. VAN BUREN, E.
EWENS. E
C. S. SHARP.
Directors:
H. W. SLADE, Esq. HO TUNG, Esq.
General Managers:
Messrs. JOHN D. HUMPHREYS & SON.
Bankers:
THE HONGKONG AND SHANGHAI BANKING CORPORATION.
THE COMPANY is prepared to act as Special Agents or Attorneys, Liquidators, Exentors or Administrators, as Trustees, Receivers, House and Estate Agents for fesgents or non-Residents, and, on Commission, to buy or sell Property, to advance rsey against Mortgage, to invest funds in Mortgage or otherwise, to buy or sell Share or Local Stocks, and generally to act for those who may be temporarily or permanently absent from the Colony.
JOHN D. HUMPHREYS & SON,
General Managers. |
& 40, Queen's Road Central.
Hosokong, 1ST JANUARY, 1903.
THE HONGKONG HIGH-LEVEL TRAMWAYS CO.,
PEAK
LIMITED.
TRAMWA
No traveller should miss a trip to the Peak. The most beautiful views, which compare favourably with any in the world, can be obtained within easy distance of the Peak Terminus.
TIME TABLES are printed in the local papers and can be obtained free upon application at the Company's Office.
JOHN D. HUMPHREYS & SON,
General Managers.
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*
STEAMSHIP COMPANIES
MESSAGERIES MARITIMES
DE FRANCE.
Telegraphic Address:
LONDON.
LICORNE PARIS.
MARSEILLES.
Paris
OFFICES:
Head Office: 1, Rue Vignon. Freight Office:
10, Kne de in Republique. Direction :
Quai de IN Joliette.
Passenger
of-
fire: 16, Rue
Canebiere.
Marseilles..
Bordeaux
(97. Cannon
London
(20, Allees d'Or-
learn.
Street, E.C. 161, Pall Mall,
S.W.
FRENCH MAIL STEAMERS,
UNDER CONTRACT WITH THE FRENCH GOVERNMENT.
REGULAR SERVICES
FROM MARSEILLES
TO INDIA, CHINA, JAPAN.
MAIN LINES. (Port Said, Suez, Aden, Bombay, Colombo,
Singapore, Saigon, Hongkong, Shanghai, Kobe, Yokohama
Every 28 Days.
A
B
Port Said, Suez, Djibouti, Colombo, Singapore, Saigon, Hongkong, Shanghai, Kobe, Yokohama...
Every 28 days.
Colombo to Pondichery, Calcutta
Every 28 days.
BRANCH LINES.) Singapore to Batarin
Every Mail.
Saigon to Tonquin Ports
Weekly.
Saigon to Singapore
MAIN LINE Connecting at Colombo with the Chiua Main Line A.
TO AUSTRALIA and NEW CALEDONIA.
(Port Said, Suez, Colombo, Freemantle, Adelaide, Melbourne, Sydney, Noumea...
Every Mail.
Every 28 days.
TO ZANZIBAR, MADAGASCAR, REUNION, MAURITIUS, SEYCHELLES,
To EGYPT, SYRIA, GREECE, TURKEY, BLACK SEA PORTS.
To HAVRE and LONDON, Cargo only (Weekly).
FROM
BORDEAUX
TO PORTUGAL, SENEGAL, BRESIL, LAPLATA.
Particulars regarding dates of sailing, rates of passage money, freight, etc.,
may be obtained on application at the Office.
HONGKONG AGENCY:
No. 3, QUEEN'S BUILDING 2nd Floor.
Digitized by
vi
STEAMSHIP COMPANY
HAMBURG-
HAME
Hamburg--East Asia Line.
OUTWARD :
Regular Freight Service from
HAMBURG and or BREMEN, EMDEN, ROTTERDAM, ANTWERP,
to
PENANG, SINGAPORE, HONGKONG, SHANGHAI, YOKOHAMA,
KOBE, and to MANILA and TSINGTAU.
HOMEWARD.
Regular Fortnightly Freight Service from
YOKOHAMA, KOBE, SHANGHAI, HONGKONG, SINGAFORE
(calling at PENANG or COLOMBO)
to
HAVRE and HAMBURG.
New York--East Asia Line.
Regular Freight Service between
NEW YORK and PENANG, SINGAPORE, MANILA, HONGKONG,
SHANGHAI, YOKOHAMA and KOBE
For further particulars apply to
HAMBURG-AMERIKA LINIE, HONGKONG OFFICE, AND HAMBURG-AMERIKA LINIE, TSINGTAU,
Or to the Agents: Messrs. C. ILLIES & Co., Yokohama and Kobe.
Carlowitz & Co., Shanghai (Homeward). SIEMSSEN & Co., Shanghai (Outward).
""
""
"
""
BEHN, MEYER & Co., Singapore, Penang & Manila. VOLKART BROs., Colombo,
Hongkong-Vladivostock Line.
Regular monthly Service between
HONGKONG, NAGASAKI and VLADIVOSTOCK, calling at KOBE or CHEFOO by the First Class Freight and Passenger Steamer- "SAVOIA."
For further particulars apply to
HAMBURG-AMERIKA LINIE, HONGKONG OFFICE,
Or to the Agents: Messrs. KUNST & ALBERS, Nagasaki and Vladivostock
C. Illies & Co., Kobe,
爷爷
Hongkong- Port Arthur Line.
DIEDERICHSEN, JEBSEN & Co., Chefoo.
Regular monthly Service between
HONGKONG, SHANGHAI, DALNY, PORT ARTHUR and NEW.
CHWANG by the First Class Steamer "SULLBERG."
For further particulars apply to
HAMBURG-AMERIKA LINIE, HONGKONG OFFICE,
Or to the Agents: Messrs. KUNST & ALBERS, Dalny and Port Arthur.
་
SIEMSSEN & Co., Shanghai.
Bandinel & Co. Newchwang.
Digitized
STEAMSHIP COMPANY
AMERIKA LINIE,
BURG.
Canton, Hongkong- Shanghai Line.
vii
Regular Weekly Service by the well known Freight and Passenger steamers
"LOONGMOON" and "LYEEMOON."
Agents in Hongkong, Canton and Shanghai: Messrs. SIEMSSEN & Co.
Wuhu-Canton Line.
Regular Service between
WUHU, CHINKIANG, HONGKONG and CANTON by the well-known
Freight and Passenger steamer " KOWLOON."
Agents in Shanghai, Hongkong and Canton: Messrs. SIEMSSEN & Co.
Shanghai--Tsingtau Line-Imperial German Mail Service.
Regular Weekly Service by the First Class Passenger and Freight Steamer
"GOUVERNEUR JAESCHIKE"
Leaving SHANGHAI every WEDNESDAY morning.
TSINGTAU every SATURDAY evening.
For further particulars apply to
HAMBURG-AMERIKA LINIE, TSINGTAU,
Or to the Agents in Shanghai: Messrs. MELCHERS & Co.
Shanghai, Tongku-Tientsin Line-Imperial German Mail Service.
Regular Weekly Service between
TSINTAU,
SHANGHAI, TSINGTAU, CHEFOO and TONGKU (TIENTSIN)
by the First Class Freight and Passenger Steamers
"KNIVSBERG," and "VORWAERTS.
For further particulars apply to
HAMBURG-AMERIKA LINIE, TSINGTAU,
Or to the Agents in Shanghai: Messrs. MELCHERS & Co.
Yangiss
Line.
Chefoo: Tientsin:
"9
DIEDERICHSEN, JEBSEN & Co. Carlowitz & Co.
""
Regular Service between
SHANGHAI and HANKOW, calling at TUNGCHOW, KIANGYIN, TAISINCHOW, CHINGKIANG, ECHING, NANKING, WUHU, TATUNG, NGANKING, KIUKIANG, WUSUEH, WÖNGSHE- KONG and WHANGCHOW by the First Class Freight and Passenger steamers SUITAI" and SÚLAN."
For further Particulars apply to
Messrs. ARNHOLD, KARBERG & Co., at Shanghai, Hạnkow and other
Yangtsze Ports.
Digitized by
oogle
viii
STEAMSHIP COMPANIES
IMPERIAL GERMAN MAIL LINE.
The Steamers of the above Line, subsidized by H.I.G.M.'s Government, convey Passengers and Cargo every fortnight to and from the following ports, viz.:---
Bremen-Hamburg, Antwerp, Southampton, Gibraltar, Genoa, Naples, Port Said, Suez, Aden, Colombo, Penang, Singapore, Hongkong, Shanghai, Nagasaki, Hlogo and Yokohama;
HAVING REGULAR CONNECTIONS
at Penang for Rangoon and Sumatra,
at Singapore for Sumatra, Bangkok, Borneo, Manila and Ports in Java,
at Shanghai for Tsingtan, Chefoo and Tientsin.
The above Company has a bi-weekly Service of fast Mail Boats plying between
Bremen, Southampton, Cherbourg and New York,
AND, FURTHER,
a regular Mail Service between
Bremen and Baltimore, Galveston, Brazils, River Plate,
Cuba, Australia, etc.;
o a line between
also
Singapore and Sydney via Batavia,
Macassar and German Colonial Ports.
A regular Service of fast Mail Steamers has also been established between
Genoa via Naples and Gibraltar to New York.
Particulars regarding dates of sailing, rates of passage money, freight, etc., may be obtained on application at the Office of
Messrs. MELCHERS & Co.,
AGENTS FOR THE COMPANY AT
GLODGLAND CHINA.
JKOSGIAN
HON
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STEAMSHIP COMPANIES
21
ix
NIPPON YUSEN KAISHA.
(JAPAN MAIL STEAMSHIP CO.)
Under Contract with the Imperial Government for the Conveyance of Mails.
HEAD OFFICE, TOKIO. TELEGRAPHIC ADDRESS: MORIOKA, TOKIO."
"
A. 1. & A. B. C. CODES USED.
Telephone Nos. 167, 1551, 1721, & 1905 (Honkyoku).
CAPITAL, YEN 22,000,000.
FLEET, 76 VESSELS.
European Line American Line
Australian Line
Bombay Line
Yokohama-Shanghai Line
TONNAGE, 240,000.
Kobe-Corea-North China Line
Shanghai-Tientsin Line
Kobe-Tientsin Line
Kobe-Newchwang Line
Fortnightly. Fortnightly. Four weekly.
Four weekly. Weekly.
Four weekly.
Weekly.
Fortnightly.
Fortnightly.
KOBE and OTARU via PORTS:
Eastern Route
Western Route
Ten times a month.
Weekly.
Kobe-Keelung (Formosa) Line Four times a month.
Besides these, there are frequent services between the coast ports of Japan.
The Company's Steamers carry the Imperial Japanese Mail, are subject to periodical inspection by the Government Marine Surveyors, and are registered in the highest class at Lloyd's.
For further information in regard to Freight, Passage, Sailings, etc., apply at any of the Branches or Agencies as under, where full particulars on all points may be obtained. Branch Offices and Agencies:
Adelaide, Amoy, Amsterdam, Antwerp. Auckland. N.Z., Bangkok, Bombay, Bremen, Brisbane, Calcutta, Canton, Chefoo, Colombo, Deli, Dunedin, N.Z., Foochow, Freemantle, Fushiki, Fusan, Gensan, Glasgow, Greymouth, N.Z., Hakodate, Hamburg, Havre, Hongkong, Honolulu, Jinsen, Keelung. Kobe, London, Lyttelton, N.Z., Manchester, Manila, Marseilles, Melbourne, Middlesboro', Moji, Nagasaki, Newcastle-on-Tyne, Nowchwang, New York, Odessa, Osaka, Penang, Port Said, Port Arthur, Rotterdam, Saigon, Seattle, Shanghai, Shimonoseki, Singapore, St. Paul, Suez, Swatow, Sydney. Thursday Island, Tientsin, Tokio, Yokkaichi, Townsville, Trieste, Tsuchizaki, Tuticorin, Yokohama, Vla∙livostock, Weihaiwei, Wellington, N.Z., &c.
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X
STEAMSHIP COMPANIES
The Heungkong S. B. Co., Ltd.
HONGKONG-CANTON LINE
HONGKONG TO CANTON
A Steamer leaves every evening (Saturday excepted) from 1st October to 30th April at 5.30 p.m., and from 1st May to 30th September at 6 p.m., arriving in Cantou at 6 o'clock next morning.
CANTON TO HONGKONG
Each evening (Sunday excepted) at 5 p.m, arriving in Hongkong about 1 a.m. next morning.
FARE $3 EACH WAY.
MEALS $1 EACH.
F
·
The Company's wharf in Hongkong is at the lower end of Hillier Street, and the berth at Canton is immediately close to Shameen, the Foreign Settlement.
HONGKONG-WUCHOW
LINE
A steamer leaves for Wuchow every six days. The definite time
of departure may be ascertained at the Company's Office,
128, Connaught Road, Central,
FARE $5 EACH WAY.
MEALS EXTRA. Digitized by 00
xi
STEAMSHIP COMPANIES
SERVICE SUBVENTIONNE
DES
CORRESPONDANCES FLUVIALES
DU TONKIN.
REGULAR MAIL SERVICE on all the Rivers and Coast of Tonkin, effect- ed by a Fleet of 20 Steamers fitted up for 1st Class Pas- sengers, Deck Passengers and Cargo. Quick Transport at the Lowest
MARTY &
A. R.
D'ABBADIE-HAIPHONG, TONKIN MARTY-Agent
in HONGKONG
Rates.
1903
ENGINE and BOILER WORKS, FORGE FOUNDRY, and SHIPBUILDING
YARD. DRY DOCK for Small Vessels.
SPECIALITIES-EN-
GINE and SHIP REPAIRS.
All kinds of IRON
WORK undertaken.
Sole proprietors of the RE- VETEMENT CALORIFUGE TON-
KINOIS, a material for coating steam boilers and pipes to lessen conduction of heat to or from their interior.
Telegraphic Address:-
FLUVIALES,
HAIPHONG.
French Telegraph Code:-
A. COSTE.
English Telegraph Codes:-
A. B. C. 1880, 4th EDITION. A. 1, 1888, TELEGRAPHIC CODE.
The Passengers' Guide to the Tonkin Rivers and Coast sent free on application.
xii
DOCKS
MARTY ET D'ABBADIE,
BOULEVARD DE LA REPUBLIQUE,
HAIPHONG-TONKIN.
ENGINEERING AND SHIPBUILDING YARDS.
ESTABLISHED 1886.
Works considerably enlarged and fitted with up-to-date machinery, including
DRY DOCK FOR SMALL VESSELS AND
PATENT SLIP FOR STEAMERS Or 40) tons.
ALL KINDS OF IRON WORK
undertaken, and carefully and promptly attended tɔ.
Engine and Shipbuilding and Repairs
A SPECIALITY
SOLE MAKERS OF:
MARINE AND LAND BOILERS
SOLE PROPRIETORS OF:
of every description.
REVETEMENT CALORIFUGE TONKINOIS
The best Antiradiator for covering Steam pipes
and Boilers. Samples on application.
LAVAL PATENT STEAM TURBINE
The Best and Most Economical Motor for run-
ning high speed machinery. Takes less room
and has less weight for same power than any
other Motor.
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SOLE AGENTS OF:
DE
#
ENGINEERING FIRMS
CRANE CO. OF CHICAGO,
SHANGHAI, CHINA.
xiii
Largest Manufacturers in the World of Valves and Cocks in Brass and Iron.
FITTINGS
IN MALLEABLE, CAST IRON AND BRASS
Steam, Gas, and Water.
FOR
Flanged Fittings, Drainage Fittings.
Steam and Gas Fitter's Tools.
Engineer's Supplies, Wrought Pipe.
GOODS FOR LOW, STANDARD, MEDIUM, EXTREMELY HIGH AND HYDRAULIC PRESSURES. COMPLETE PIPE EQUIPMENTS
(FROM DRAWINGS).
FOR POWER PLANTS.
STEAM AND HOT WATER HEATING APPARATUS.
A COMPLETE LINE OF SUPPLIES FOR
Plumber's, Steam Fitter's, and Boilermaker's, Docks, Mines and Factories, Water and Gas Works.
Our Catalogue on request. Address all Communications to :
J. E. ROLLINS,
CHIEF REPRESENTATIVE.
CABLE ADDRESS: CRANEOOY --SHANGHAL.
CRANE CO. OF CHICAGO,
SHANGHAI, CHINA.
TEMPORARY ADDRESS:
ASTOR HOUSE.
CODES:
PRIVATE,
Digitized by AB,0. 4th Ed. A-1
xiv
SHIPPING FIRMS
BROWNE & CO.,
Telegraphic Address:
"Browne."
All Codes Used.
KOBE & MOJI, JAPAN.
AGENTS AT KOBE FOR:-
Lloyds' (Robison & Co).
British India Steam Navigation Co., Ltd.
Apcar Line
Russian Volunteer Fleet.
Salvage Association. London.
Marine Insurance Co., Ltd.
Maritime Insurance Co., Ltd.
AGENTS AT MOJI FOR :--
Lloyds' (Bakan).
Commercial Union Assurance Co., Ltd.
Sun Insurance Office (Robison & Co.)
Peninsular & Oriental Steam Navigation Co. British India Steam Navigation Co., Ltd.
Austrian Lloyds' Steam Navigation Co.
Glen" Line of Steamers.
Apcar Line of Steamers.
Russian Volunteer Fleet.
Chinese Eastern Railway Co.
Marine Insurance Co., Ltd.
North-China Insurance Co., Ltd.
Imperial Alliance Assurance Co., Ltd.
CHARTERING AGENTS, &c.
Being the oldest established Foreign Firm at Moji, with a large experience in the Coal Trade, we are prepared to negotiate contracts in this Article, also in
Cement, Coke and other local Exports.
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HONGKONG FIRMS
BISMARCK & CO.
(HONGKONG AND PORT ARTHUR,
XV
18 & 19, Connaught Road Central, New Blake Pier.
AVY CONTRACTORS, SHIPCHANDLERS, GENERAL IMPORTERS,
COAL AND PROVISION MERCHANTS,
SAIL AND FLAG MAKERS AND COMMISSION AGENTS.
Ships' and Engine Stores of all Descriptions. Paints of any Colours. Genuine Composition for the Bottoms of Steel and Iron Ships always in Stock at Reasonable Prices.
English, German, French and
American Navy Purveyors. FRESH WATER SUPPLIED BY STEAM PUMPING BOAT
ON SHORTEST NOTICE.
All Orders Promptly Executed.
PRICE LIST SENT ON APPLICATION.
Bakery-Capable of putting out 10,000 lbs.
of Biscuits per Day.
HONGKONG.
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,
xvi
HONGKONG FIRMS
WING-KEE & CO.,
Coal Merchants, Shipchandlers, Stevedores and Naval Contractors to the British Admiralty.
Office: Nos. 66, 68 & 70. PRAYA CENTRAL.
TESTIMONIALS.
Copr.]
Hongkong, 18th February, 1901.
GENTLEMEN,
I am desired by the Commodore-in-Charge to express his great pleasure at the Coaling Operation which you carried out last week.
On the 14th instant a total of 3,739; tons were handled by you, including the loading up of 2,600 tons at Lap-Sap-Wan between 7 a.. and 12 midnight.
On the following day the loading of H.M.S. "TERRIBLE" with 2,600 tons was carried out, with every success, in 15} hours (including 23 hours for meals, &c.) and the Commodore and Commanding Officer of H.M.S. "TERRIBLE " have both expressed their satisfaction at this operation.
Messrs. WING-KEE & Co.
Hongkong.
I am.
Gentlemen,
Your Obedient Soi vant,
(Signed) W. SMITH,
Naval Store Officer.
(COPY)
MESSRS. WING-KEE & Co.
Hongkong, 24th January, 1899.
DEAR SIRS,
I am directed by the Commodore to express to you his satisfaction with the manner in which the recent coaling of the "CENTURION" was carried out.
Both the No. 1 man and the coolies worked well, and the Captain of II.M S. "CENTURION," who reported this to the Commodore, was also pleased with the rapid coaling
of the ship.
I am,
Yours Faithfully,
(Signed) H. SIMMINS,
Naval Store Officer.
[COPT.]
H.M. NAVAL
YARD.
Hongkong, 30th March, 1898,
MESSRS. WING-KEE & Co.
I am desired by the Commodore to express to you his gratification with the expeditious
manner in which the coaling of H.M S. "CENTURION
was carried out yesterday.
Digitized by
(Signed) W. TARN,
Javal Store Keeper.
Googlal
HONGKONG FIRMS
WO FAT & CO.
xvii
SHIPCHANDLERS, SAILMAKERS,
COMMISSION AGENTS.
IRON, BRASS & STEEL MERCHANTS
AND
IMPORTERS OF ALL DESCRIPTIONS
OF
ENGINEERS' & SHIPBUILDERS' TOOLS.
GENERAL STOREKEEPERS.
ESTIMATES GIVEN.
No. 11, Lee Yuen Street East,
HONGKONG, Google
Digitized by
xviii
HONGKONG FIRMS
貨洋和昌浩
HOO CHEONG WO & CO.
!
.
I
常有糖上什物機器 漆油帆布帆包料器鐃
SHIPCHANDLERS & SAIL MAKERS,
142, Des Voeux Road,
辣布喉水泵發客舖在中環德輔道第一百四十二號
+
HONGKONG.
Near Western Side of Central Market.
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|
HONGKONG FIRMS
RITCHIE
GENERAL STORE
xix
CO..
KEEPERS,
CONTRACTORS AND COMMISSION AGENTS,
39, Des Vœux Road,
Vœux Road, Hongkong.
SHIP
-
AGENCIES:
CHANDLERS The Wrexham Lager
SAIL MAKERS
COAL MERCHANTS
STEVEDORES
WINE
AND SPIRIT
AND
Beer Co., Ltd.,
WREXHAM, N.W.
Macdonald and Muir,
TOBACCO IMPORTERS
DISTILLERS, LEITH.
La Oceanica Cigar Factory,
MANILA.
PROVISION AND
SHIPPING·
CATTLE DEALERS
EXPORTERS FOR :--
COAST PORTS,
JAPAN,
TRANSPORTATION, GENERAL.
LAUNCHES FOR SALE OR HIRE.
STRAITS,
MANILA,
LONDON,
AUSTRALIA,
ETC.,
ETC.,
ETC.
failors, Firemen, Cooks, Boys, Stewards, and
Water Supplied at a very short notice.
Telegraphic Address "RITCHIE-HONGKONG."
A.B.C. Code 4th Edition used.
Telephone No. 327.
HONG NAME.
行洋治列
R
Call Flag
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XX
+44
HONGKONG FIRMS
WILKINSON, HEYWOOD & CLARK, LIMITED.
(Proprietors of DAVID STORER & SONS, STORER'S WHARF, LONDON. MANUFACTURERS of Paints, Varnishes, Paint Oils and Colours.
HONGKONG BRANCH:
DES VŒUX ROAD.
BELL BRAND.-Genuine White Zine,
White Lead, Red Lead, Raw and Boiled Linseed
Oil, Patent Driers, Paints of all Colours, and Copal
and other Varnishes are kept at the Company's
Depôt in Hongkong and can be obtained from
all Shipehandlers.
MORE & SEIMUND.
Shipchandlers, Sailmakers, Riggers,
Commission Agents and General Storekeepers,
43 § 45, DES VEUX ROAD, HONGKONG.
Agents for
BLUNDELL, SPENCE & CO.'S COMPOSITION. Shipowner's Composition Company (Greyhound Brand).
SHIPPING GAZETTE AND LLOYDS'_‚LIST.
Digitized by
SILIST.
HONGKONG FIRMS
YEE KEE & CO.
貨洋記怡
xxi
Shipchandlers, Navy Contractors, Stevedores.
Provision and Coal Merchants.
Commission Agents.
All Orders promptly attended to.
ît, Des Voeux Road Central,
HONGKONG.
HONG SING.
NAVY AND ARMY TAILOR,
CAP MAKER AND GENERAL OUTFITTER,
Nos. 7 and 8, Beaconsfield Arcade,
OPPOSITE
THE CITY HALL),
HONGKONG.
面對院物博店巍裁昇洪
Google
Digitized by
xxii
HONGKONG FIRMS
A Chee & Co
店貨洋私镓群利廣
TELEPHONE No, 2.6.
CABLE ADDRESS: "ACHEE, HONGKONG,"
A B C CODE, 4TH EDITION,
17a, Queen's Road,
HONGKONG.
Established 1859.
Furniture Warehousemen.
DRAWING-ROOM,
DINING ROOM,
and BEDROOM
FURNITURE.
ELECTRO-PLATED GLASS AND CHINA WARES.
Pasteurs's Filters, Rochester Lamps, Clocks and Lace Curtains.
Cooking Ranges, Kitchen Utensils,
and Household Requisites.
PHOTOGRAPHIC GOODS OF EVERY
DESCRIPTION.
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!
ENGLISH FIRMS, &c.
HIGHEST POSSIBLE AWARD.
JOSEPH
The ONLY
"Grand Prix"
Exclusively awarded for Steel Pans.
PARIS EXHIBITION,
1900.
GILLOTT'S
NUMBERS FOR BANKERS,
Barrel Pens, 225, 226, 262. Slip Pens, 332, 909, 287, 166, 404,
In Fine, Medium, and Broad Points.S
801, 7000.
The New Turned-up Point, 1032.
THE HONGKONG DAILY PRESS,
THE OLDEST DAILY PAPER,
xxiii
HAVING THE LARGEST CIRCULATION IN CHINA. Subscription, £5. 10. 0. per Annum, including Postage, Payable in Advance.
LONDON OFFICE:-131, Fleet Street, E.C.
Orders for Subscriptions and Advertisements also received by
MACAO
AMOY
FOOCHOW.
SHANGHAI
CHEFOO AND WEIHAIWEI TSINTAL (KIAOCHAU) TIENTSIN
Mr. A. A. DE MELLO
Messrs. A. S. Watson & Co,, LD., Kulangsoo Messrs. A. S. Watson & Co., LIMITED
Messrs. KELLY & WALSH, LIMITED, The Bund ...Messrs. H. SIETAS & Co.
PORT ARTHUR & TALIENWAN COREA.... NAGASAKI
KOBE AND OSAKA YOKOHAMA aed TOKYO VLADIVOSTOCK.
MANILA
TONKIN
SAIGON
BANGKOK
SINGAPORE
PENANG
BATAVIA
CEYLON
CALCUTTA
BOMBAY
SYDNEY
MELBOURNE
LONDON
LONDON
LONDON
PARIS
GERMANY.
NETHERLANDS
Messrs. SIETAS, PLAMBECK & Co. Messrs. H. BLOW & Co.
Messrs. SIETAS, BLOCK & Co.
"Messrs. Honge & Co., Seoul PRESS, Seoul
NAGASAKI Press Office
KOBE CHRONICLE OFFICE
Messrs. KELLY & WALSH, LIMITED, 60, Main St. NAGASAKI PRESS OFFICE, Nagasaki
Mr. José de Loyzaga y AgEo, El Comercio Office Messrs. PAULUS & Co., Rue Jean Dupuis, Hanoi Messrs. KLoss & Co., 9, Quni de l'Rrroyo Chinois ...BANGKOK TIMES OFFICE
Messrs. KELLY & WALSH, Ln., 32, Raffles Place Messrs. GRAHam & Co., Limited
Messrs. H. M. Van Dorr & Co.
.....Messrs. A. M. & J. Ferguson, Colombo
...Messrs. THACKER, SPINK & Co., Govnt. Place
TIMES OF INDIA OFFICE
Messrs. Gordon & Gotch, 123, Pitt Street
Messrs. Gordon & GoтCH, 124 & 126, Queen Street DAILY PRESS OFFICE, 131, Fleet Street, E.C. Mr. F. ALGAR, 11 and 12, Clement's Lane, E.C. Messrs. G. STREET & Co., LD., 30, Cornhill, E.C. Messrs. G. E. PUEL DE Lobel & Cie., Rue Lafayette ...Messrs. MAHLAU & WALDSCHMIDT, Frankfort a/M. .......................Messrs. HAASFNSTEIN & VOGLER, Amsterdam
SAN FRANCISCO ........................L. P. FISHER, Advertising Agency, 21, Merchant's Exchange
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卍
HOUSE FLAGS
H
+
AMERICAN TRADING OF ARNHOLD, KARBERG LOF
F BLACKHEAD 20o
BORNEO C
BOUSTEAD & CY Muta
BOYD & CO
K
J.J.B.
BRADLEY & €*
BRANDAO & OF
BROWNE 4 C*
Japan
BUCHMEISTER & Co
Shanghar
BUTTERFIELD & SWIRE
CANADIAN PACIFIC
LINE
MUTRAL
CARLOWITZ *C*
ICHIKA MERCHANT
SAG
CHINA MUTUAL
SAC
CAJ TRADING C
CLARKSON & CO
Flacotock
+
CORNABE,ECKFORD & Cˆ
Cherbo
ALFRED DENT * C*
DODWELL & C¢
FEROUSSON%CF
Chartoo
BIBB, LIVINGSTON #C
SILMAN * C* LAVERS Ge
JOHN GITTINS & CO
Joochon
KŁA
=
HOLLIDAY, WISE *C*
JARDINE, MATHESON 4C(r)
JEBSEN * C*
"KUNST & ALBERS
Planilin metoek: dac
D. LAPRAJK & CP
LAUTS&HAESLOOP LAUTS.WEGENER & C+
TB
M
UNSTEAD & DAVIS LLOYD KHOO TIONG PONAC*
MACLEOD & G
Manilla ke
MAITLAND & CO
MALISTER & C
Straits
MALCAMPO & CT
M
+
M
MM
Á. MARKWALD & C*
A.R.MARTY MARTY#C
G.M BAIN
MELCHERS & C?
MESSAGERIES MARITIMES
MEYER &C*
MITSUI BUSSAN KAISHIA
MORRIS #C
Shanghai
MOURILYANNEIMANI & C?
#LENTINE
NILS MOLLER: SONS
Shanghau
NIPPON YUSEN KAISHA
NORDDEUTSCHER
LLOYD
OCCIDENTAL " ORIENTAL CO
H.B.AM.
OSTASIATISCHE HANDELS GES,
P.M.5.8.C
PASEDAG & Co
Amoy
P&O. S. N. C
IA PETERSEN&C+
ALON
M
REUTER, BROCKELMANN40o BANDEN,WIELER & OP
ung Song
VD. SA8880N,SONSACT
A SCHOMBERG & Co
Hotherw
SIEMSSER & CO
H. SKÖTT * C*
SMITH BELL*C*
Manilla
S
G
|GEO R STEVENSE C.
Hong Kong
=
SCOTTISH ORIENTAL S. S. CO
+
STRAITS STEAMSHIP C
SHEWAN TOMES.C
TAIT & C
Amos
ཡ="་=-------
THE
¿
1061
DIRECTORY & CHRONICLE
FOR
CHINA, JAPAN, COREA, INDO-CHINA, STRAITS SETTLEMENTS, MALAY STATES, SIAM, NETHERLANDS INDIA, BORNEO, THE PHILIPPINES, &c.
WITH WHICH ARE INCORPORATED "THE CHINA DIRECTORY " AND-
"THE HONGKONG DIRECTORY AND HONG LIST FOR THE FAR EAST"
FOR THE YEAR
1903
FORTY-FIRST YEAR OF PUBLICATION
HONGKONG:
THE "HONGKONG DAILY PRESS" OFFICE, 14, DES VŒUX ROAD.
LONDON: "HONGKONG DAILY PRESS" OFFICE, 131, FLEET STREET, E.C.
MDCCCCIII.
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}
}
}
1
!
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AGENTS
PS
152
062
1963
LONDON
Do.
Do.
PARIS
GERMANY
Office of "Hongkong Daily Press," 131, Fleet Street, E.C. ..................................................Mr. F. Algar, 11, Clement's Lane, Lombard Street, E.C.
.Messrs. G. Street & Co., Ld., 30, Cornhill, E. C.
Messrs. G. E. Puel de Lobel & Cie., 53, Rue Lafayette ........Messrs. Mahlau & Waldschmidt, Frankfort a M.
UNITED STATES, EAST Mr. A. I. Hart, 826, N. Carey Street, Baltimore, Md. SAN FRANCISCO .........L. P. Fisher Advertising Agency, 21, Merchants' Exchange SOUTH AFRICA .........Messrs. Gordon & Gotch, Long Street, Cape Town SYDNEY .................................................. Messrs. Gordon & Gotch, 123, Pitt Street
MELBOURNE
BRISBANE
CALCUTTA
BOMBAY
COLOMBO....
BATAVIA
PENANG
SINGAPORE
BORNEO
BANGKOK
SAIGON ........................
TONKIN
MANILA
YOKOHAMA
KOBE
NAGASAKI
FORMOSA......
VLADIVOSTOCK
CORRA
Messrs. Gordon & Gotch, 124 and 126, Quoen Street Messrs. Gordon & Gotch, Queen Street
.Messrs. Thacker, Spink & Co. 5 & 6, Government Place
"Times of India" Öffice, Elphinstone Circle
64
..Messrs. A. M. & J. Ferguson, "Ceylon Observer" Office ..... Messrs. H. M. Van Dorp & Co.
‚Messrs. Graham & Co., Ld., Beach St., George Town
Messrs. Kelly & Walsh, Limited, 32, Raffles Place Mr. E: L: Woodin, Sandakan
64
Bangkok Times " Office
Messrs. Kloss & Co., Quay de l'Arroyo Chinois Messrs. Paulus & Co., Rue Jean Dupuis, Hanoi Mr. J. de Loyzaga y Ageo, "El Comercio " Office Messrs. Kelly & Walsh, Limited, 60, Main Street
Kobe Chronicle" Office.
....The "Nagasaki Press
"
.Mr. A. W. Gillingham, Tamsui
......... The "Nagasaki Press," Nagasaki
.................... Messrs. Hodge & Co.,
Seoul Press," Seoul
SHANGHAI, &c. ......... Messrs. Kelly & Walsh, Limited, The Bund
TIENTSIN
Mesars. H. Blow & Co.
PORT ARTHUR .......................Messrs. Sietas, Block & Co.
CHEFOO & Weihaiwe¡Messrs. H. Sietas & Co.
TSINTAU (KIAOCHAU) Messrs. Sietas, Plambeck & Co.
FOOCHOW
ΑΚΟΥ
SWATOW
MACAO..
.....Messrs. A. S. Watson & Co., Limited
Messrs. A. S. Watson & Co., Limited, Kulangs o .... Yun Cheong Book Store
........Mr. A. A. de Mello
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INDEX-DIRECTORY
PAGR
House Flags, Plate of
Frontispiece
Amoy, Descriptive ami Statistical
311
Amoy Directory
312
Kobe (Hyogoy Insurance of. Kowloon (British), Plan of.. Kowloon (Chinese), Bescriptive
41
Amoy Ladies' Directory
317
Kowloon (Chinese; Directory
Anuam, Descriptive.
496
Kunsan Directory
Annam, Provinces Directory
417
Kwanchauwan, Descriptive
Anping, Descriptive.........
107
Labuan, Descriptive and Statistical
Amping Directmy
108
Labuan Directory
Bangkok, Descriptive and Statisticul.
Lappa, Descriptive
Bangkok Directory
.31
Lappa Directory
Batavia, Descriptive aid Statistical
672
Lungehow, Descriptive and Statistical
12
74
74
33
34
Batavia Directory
473
Langehow Directory
Batavia, Plan of..
672
Macao, Descriptive and Statistical
Borneo, Descriptive and Statistical
Macao Directory
47
Borneo, Britishi North, Descriptive and Statistical
730
Marão Ladies' Directory
Borneo, British North, Directory
740
Macassar, Descriptive.
Borneo, British North, Estates Directory
745
Macassar Directory
1)
Buitenzorg, Descriptive
673
Camboria, Descriptive and Statistical
525
Malacca, Descriptive and Statistical, Malacca Directory
Cambodia Directory.
Canton, Descriptive and Statistical
Canton Directory
Canton Ladies' Directory
Cebu, Descriptive and Statistical
Cebu Directory
526
321
323
Malny States (Federated). Descriptive. Malay States (Federated) Directory. Manila, Descriptive and Statistical.
62
然
3
Manila Directory
***
732
Manila, Insurance Offices
70%
783
Manila, Plan of
FOR
Chefoo, Descriptive and Statistical
4'hefoo Directory
181
Mengruz, Descriptive and Statistical.
241
182
Mengtsz Directory
Corea. Descriptive and Statistical
China, Descriptive and Statistical
Chinkiang, Descriptive and Statistical
Chinkiang Directory
Corean Ports, Descriptive and Statistical
Corean Ports, Directories
Chungking, Descriptive and Statistical Chungking Directory
Cochin China, Descriptive
Far East, Map of
130
Missionaries in Japan, Protestant
272
Missionaries in China, Protestant
273
Missionaries, Cores..
12:
115 to 126
Moji, Descriptive
115 to 126
272
273
Do. Directory
Nagasaki, Descriptive and Statistical
Nagasaki Directory
.503
Nanking, Descriptive
.
Nanking Directory
Facing Directory
Naval Squadron, British
Foochow, Descriptive and Statistical..
.393
Naval Squadron, Italian
Foochow Directory
.304
Naval Squadron, French
Foochow Ladies' Directory
.310
Naval Squadron, Giernan
Foreign Residents, Alphabetical list of.
780
Naval Squadron, Japanese.
764
*67
Formosa, Descriptive
103
Naval Squadron, Russian
Formosa Directory
.104
Naval Squadron, United States
Haiphong, Descriptive and Statistical
433
Negri Sembilan, Descriptive and Statistical
620
Haiphong Directory.
484
Negri Sembilan Directory
Hakodate, Descriptive and Statistical
04
Netherlands India, Descriptive and Statistical
632
Hakodate Directory
65
Netherlands India Directory
607
Hangehow, Descriptive and Statistical
.297
Newchwang, Descriptive and Statistical
172
Hangehow Directory
298
Newchwang Dircetory....
17%
Hankow, Descriptive and Statistical
.be
Ningpo, Descriptive and Statistical
Hankow Directory
282
Ningpo_Directory.
2:4
Hanoi, Descriptive and Statistical
470
Osaka, Descriptive and Statistical
Hanoi Directory
471
Osaka Directory
67
Hanoi, Plan of
.472
Padang, Descriptive
Hoihow, Descriptive and Statisţical
340
Padang Directory
Hoihow Directory.
340
Pahang, Descriptive and Statistical
Hokow, Descriptive
.344
Pahang Directory
622
Hokow Directory
344 Pakhoi, Descriptive and Statistical
731
Hongkong, Descriptive and Statistical
372
Pakhoi Directory
334
Hongkong Directory
396
Peitaiho, Descriptive
Hongkong, Insurance Offices
440
Peking. Descriptive and Statistical
.141
Hongkong Ladies' Directory
444
Peking Directory
146
Hongkong, Peak Directory
449
Penang, Beserijitive and Statistical
003
Hongkong, Plan of Peak District
.448
Penang Directory
604
Hongkong, Plan of Victoria
372
Penang, Plan of
B04
Hongkong Streets Directory.
451
Perak, Descriptive and Statistical
641
Hué, Descriptive aud Statistical
400
Perak Directory..
64%
Iné, Directory
497
Philippines, Descriptive and Statistical.
1924
Ichang, Descriptive and Statistical.
293
Port Arthur, Descriptive
lebang Directory
294
Port Arthur Directory....
177
Indo-China, French, Descriptive
408
Saigon, Descriptive and Statistical..
floilo, Descriptive and Statistical
720
Saigon Directory
805
Hoilo Directory
730
Samishui, Descriptive
3-34
Japan, Descriptive and Statistical
12
Samshni Directory
3-3
Jelebu, Descriptive
.620
Santu (Funing-fu), Descriptive..
302
Jelebu Directory
627
Santu (Funing-fu) Directory
Johore, Descriptive and Statistical.
615
Sarawak, Descriptive and Statistical
735
Johore Directory
619
Sarawak Directory
736
Keling, Descriptive and Statistical
104
Selangor, Descriptive and Statistical.
.631
Kelung Directory
105
Selangor Directory
832
Kewklang, Descriptive and Statistical
279
Selangor Estates Directory
.640
Kewkiang Directory....
270
Semarang, Descriptive
listi
Kinoclnu Directory
100
Semarang Directory
Kiaochau, Plan of
148
Seoul, Descriptive.
112
Kobe (Hyogo), Descriptive and Statistical
7+
Seoul Directory
...11
Kobe and Hyogo, Plan of
70
Shanghai, Descriptive and Statistical
Kobe (Hyogo) Directory....
71
Shanghai Diretory
Digitized by oogle
197 .213
RAFFLES HOTEL
Sarkies Brothers
PROPRIETORS
RAFFLES
RAFFLES HOTEL
Singapore
ADVERTISEMENT
RAFFLES HOTEL,
SINGAPORE,
NEEDS NO ADVERTISING.
WORLD WIDE REPUTATION.
ELECTRIC LIGHTS, FANS AND BELLS. TELEPHONE.
Telegraphic Address: RAFFLES SINGAPORE.
EASTERN AND
ORIENTAL HOTEL,
PENANG.
SITUATED ON THE SEA BEACH, FACING THE HARBOUR.
The only First Class Hotel in the Island.
Telegraphic Address : SARKIES PENANG.
STRAND HOTEL,
RANGOON,
THE PREMIER HOTEL OF BURMAH.
ELECTRIC LIGHTS, FANS AND BELLS. TELEPHONE.
Telegraphic Address : SARKIES RANGOON.
SARKIES BROTHERS,
Proprietors,
SINGAPORE, PENANG & RANGOON.
Digiized by
i
ป
.
Shanghai, Insurance Offices
Shanghai, Roads in the Settlements
268
INDEX
DIRECTORY---Continued
PAGE
.200 Tamsui, Descriptive and Statistical
Tamsui Directory
xxix
104
.105
shanghai, Plan of Foreign Settlements
197
Shanghai, Plan of Hongkew and Settlement Extension 268
Tientsin, Descriptive and Statistical. Tientsin Directory
150
154
shasi. Descriptive
292
Tientsin Insurance Offices..
187
Shasi Directory
412
Tientsin, Plan of Foreign Settlements
182
Singapore Directory.
Siam, Descriptive and Statistical.
Singapore, Descriptive and Statistical
Singapore, Insurance Office-
Singapore, Plan of
Bochow, Descriptive
Soochow Directory
Sorabaia, Descriptive
Sõerabaia Directory
528
Tokyo, Descriptive and Statistical
17
554
Tokyo Directory
IS
.357
Tonkin, Descriptive....
505
Tonkin, Provinces Directory.
401
558
Tsiutau (Kinochau), Descriptive.
INS
271
Tsintau (Kiaochau) Directory
100
271
Twatutia Directory
167
.681
Vladivostock, Descriptive.
#*
.682
Vladivostock Directory
+
Steamers, Coasting and River
.768
Wei-hai-wei, Descriptive
185
Straits Settlements, Descriptive
553
Wei-hai-wei Directory
187
Sumatra (East Const), Descriptive
002
Wei-hai-wei Ladies' Directory
.188
Sumatra (East Coast) Directory
.603
Wenchow, Descriptive and Statistical
.301
Sungei Ujong, Descriptive and Statistical
.020
Wenchow Directory
302
Sungel Ujong Directory.
627
Swatow, Descriptive and Statisticn!
.318
Whampoa, Descriptive and Statistical Whampoa Directory
*rstow Directory..
319
Swazow Ladies' Directory
321
Wuchow-fu, Descriptive and Statistical Wuchow-fu Directory.
Szetuao, Descriptive
345
Szemao Directory.
.346 i
Takow and Tainanfoo, Descriptive and Statistical
107
Yochow, Descriptive
Takow and Tainaufoo Directory
108
Yochow Directory
Takn, Descriptive and Statistical
108
Wuhu, Descriptive and Statistical Wuhu Directory
Yokohama, Descriptive and Statistical
Takn Directory
170
Yokohama Directory
Tal:euwan, Descriptive
176
Yokohama, Insurance Offices
Talienwau Directory
177
Yokohama, Plan of
#1
42
€2
40
TREATIES, CODES, AND GENERAL
Admiralty, Rules of Procedure in Supreme Court
PAOK .300
PAGE
Advertisers, Index to
xxxii-iv
APERTS
Calendar and Chronology
XXXVII-1
Calendar, Anglo-Chinese
Chair, Boat sul Coolie Hire, Hongkong
RM'
Chambers of Conuuerce, Heale of Cominissions, œe....
346
Chinese Festivals and Observances.
.xlix.l
Chinese Tariff of Import Duty, 1901
31
Chinese Passenger Act,
328
Convolar Fees, Table of
240
Great Britain, Peking Convention, 1860 Great Britain, Chefoù Curvention, 1876 Great Britain, Chefoo Convention, Additional Great Britain, Opium Convention, 1880 Great Britain, Chungking Convention, 1800 Great Britain, Thibet-Sikkim Convention, 1890 Great Britain, Burmah Convention, 1897. Great Britain, Kowloon Extension, 1898 Great Britain, Weihaiwei Convention, 1808 Great Britain, Commercial Treaty with China.. Great Britain, Agreement with Japan Relative to
12
36
38
39
40
42
43
44
Court of Consuls at Shanghai, Rules of Procedure
303
China & Corea, 1902 ..
Customs Seizure, China, Articles relative to
31
Japan, Shimonoseki, 1895
128
(utons Tariff, China.
15
Jajan, Liaotung Convention, 1895.
132
Castonis Tariff, China, Rules.
28
Japan, Commercial, Peking, 1896)
133
Castoms Tariff, Japan, Conventional
.167
Japan, New Ports, Peking, 189
137
Cutonas Tariff, Japan, Statutory
170
Portugal, 1888
120
Costous Tariff, Siam
.182
Russia, St. Petersburg, 181.
95
Customs Tariff, Corea....
147
Russia, Regulations for Land Trade
100
Foreign Jurisdiction Act, 1890..
100
Russia, Port Arthur Talienwan Agreement, 1898 103
Foreign Companies in Japan, Regulation for
.345
Russia, Manchurian Convention
105
Harbour Regulations, Japan
.342:
United States of Americs, Tientsin, 1978
107
Hongkong, Charter of the Colony
314:
United States of America, Additional, 1968
18
Hongkong. Constitution of Councils,
.3:6
United States of America, Peking, 1880
..115
Hongkong, Legislative Council, Rules of
.319
United States of America, Immigration, 1894
.11
Hongkong, Port Regulations
332
With Corea :--
Hongkong, Supreme Court Fees.
.324
Malay States Federation Agreement, 1808
195
Great Britain, 1883
Money, Weights and Measures
349
Great Britain, Trade Regulations
Orders in Council, H.B.M., China, Japan, Corea
238
Japan, 1876
Port Regulations for H.B.M. Consulates in China....
339
Japan, Supplementary, 1876,
Postal Guide, Hongkong
United States, 1882
130
.114
154
150
.150.
>hanghai Mixed Court, Rules of the
.391
With Japan :
Surnals, Fire, Storm, &r., Hongkong.
.348
Supreme and other Courts in China II.B.M., Rules of
.240
Great Britain, 1894
المراة
Supreme Court in China H.B.M., Fees..
207
Great Britain, Duties Convention, 186
16G
Tresties :---
Great Britain, 198
..174
With China : --
Final Protocol with Eleven Powers, 1801.
386
Russia, Agreements as to Corea, 1896 and 1898-158-159 United States, 1886, Extra:lition Treaty
.178
France, Tientsin, 1858..
56
With Siam :--
France, Convention of Peace, 1800.
64
Great Britain, 1856
.178
France, Tientsin, 1885....
66
Great Britain, Trade Regulations with.
.181
France, Trade Regina, for Toukin Frontler, 1896 .. 60 /
Great Britain, Registration of Subjects
183
France, Convention, 1887
74
France, 183
184
France, Convention, 18
70
Japan, 1898
..136
Germany, Tientsin, 1861
78
Russia, 1899
...1
Germany, Peking, 1880
Germany, Kiaochau Convention, 1898
90
"Germany, Railway and Mining Concession, 1998
91
Great Britain, Nanking, 1842
*
Great Britain and France,Siamese Frontier, 1896 ..194 Great Britain and Russia Railway Convention, 1899 191 United States Consular Courts in China, Regulations..304 United States Consular and Court Fees..........
.310
·Great Britain, Tientsin, 1838
Weights and Measures, Money,
igitize by
Moneige
340
XXX
HONGKONG FIRMS
MITSUI BUSSAN KAISHA.
IMPORT, EXPORT AND COMMISSION MERCHANTS.
Telegraphic Address:
HEAD OFFICE :
"MITSUI."
43, SAKAMOTOCHO, TOKYO, JAPAN.
PRESIDENT:
HACHIROJIRO MITSUI, ESQ.
DIRECTORS:
TAKASHI MASUDA, Esq. i GIICHI HIDA, Esq.
SENJIRO WATANABE, Esq.
YOKOHAMA,
NAGOYA,
OSAKA,
KOBE,
MOJI.
HOME BRANCH OFFICES :.
69, Honocho Shichome | KARATSU.
148, Denmacho Gochome
Koraibasbi Nichome
Kaigan-Dori Sanchome
Sanbashi-Dori
WAKAMATSU, Wakamatsu Minato
NAGASAKI.
KUCHINOTSU,
MIIKE.
TAIPEH, HAKODATE,
Karatsu Minato 3, Oura
Kuchinotsa Minato
Omuta Machi
14, Taitohtei Kohengai 3. Daimachi
BRANCH
OFFICES IN ASIA:
TIENTSIN.
The Bund
SHANGHAI,
17. Szechuen Road
BOMBAY,
Elphinstone Circle
SINGAPORE, 2. Finlayson Green HONGKONG, {
( Prince's Buildings,
Ice House Street
HAMBURG
LONDON BRANOh offiOE:
MITSUI & Co., 34, LIME STREET,
NEW YORK BRANOH OFFICE:
MITSUI & Co, 445, BROOME STREET.
REPRESENTATIVES :
SAN FRANCISCO
SYDNEY
SOURABAYA MANILA AMOY HANKOW
NEWCHWANG PORT ARTHUR
de..
SEOUL
&c.,
Digitized by
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CHEFOO
CHEMULPO
i
►
HONGKONG FIRMS
xxxi
JAPAN
COALS
MITSUI BUSSAN KAISHA
(MITSUI & CO.)
CONTRACTORS OF COAL to the Imperial Japanese Navy and Arsenals and the State Railways; Principal Railway Companies and Industrial Works; Home and Foreign Mail and Freight Steamers.
SOLE PROPRIETORS of the famous Miike, Tagawa, Yamano and Ida Coal Mines; and SOLE AGENTS for Hokoku,
Hondo, Kanada, Kishima, Mameda, Mannoura, Onoura, Otsuji, Sasahara, Tohmiyama, Tsubakuro, Yoshinotani, Yoshio, Yunokibara,
and other Coals.
THE MEIJI FIRE INSURANCE COMPANY, LD. (Head Office: Tokyo, Japan.)
THE TOKYO MARINE INSURANCE CO., LD. (Head Office: Tokyo, Japan.)
AGENTS: MITSUI BUSSAN KAISHA.
SHANGHAI. HONGKONG. SINGAPORE.
Digitized by oog e
INDEX TO ADVERTISERS.
PAGE
PAGR
A. Blanchard, Paris...
A.B.C. DIRECTORY OF British TradERS,
MERCHANTS AND MANUFACTURERS 1007-1012 ÅDVERTISINg Balloons :-
AERATED Waters MANUFACTURERS :--
COAL MERCHANTS:
Bismarck & Co., H'kong & Port Arthur F. Blackhead & Co., Hongkong
XV
...1035
..1057
L. F. Cooke & Co., Hongkong
...1038
A. S. Watson & Co., Ld.
Back Cover
...
Hokkaido Colliery and Railway Co. Mitsui Bussan Kaisha
...102%
...xxxi
Aquarius Co., Shanghai
Fucing 212
Wing Kee & Co., Hongkong
xvi
DICTIONARY:-
Autocopyist Co., London...
1050
BANKS:--
Royal Aerated Waters' Manuf., H'kong 1035 ANTI-FOULING COMPOSITION : -
Peacock & Buchan, Southampton, Eng.1056 AUTOCOPTIST :--
G. & C. Merriam Co., Springfield, Mass,
U.S.A.
Docks :-
...101
S. C. Farnham, Boyd & Co., S'hai Facing 212 Hongkong& Whampon Dock Co. Facing 3
Chartered Bank of India, A. and China Guaranty Trust C ". of New York...
i
Kawasaki Dockyard, Kobe
...Facing 72
iii
Marty & d'Abbadie, Haiphong
xii
Hongkong Savings Bank...
...1019
Hongkong & Shanghai Banking Corpn. 1015 Humphreys Estate and Finance Co.
iv
Tanjong Pagar Dock Co., S'pore Uraga Dock Co., Yokohama Yokohama Dock Co., Ld........
Facing 557
Facing 43
Facing 42
Mercantile Bank of India, Ld.
ii
Russo-Chinese Bank
.1017
Sanjushi Ginko (34th Bank) O-aka
.1419
Sumitomo Gin 、o, Osaka
.1018
Yokohama Specie Bank
.1018
BooK BINDERS:
Hongkong Daily Press Office
...1040
BOOKSELLERS, PUBLISHERS & STATIONERS: -
1059
W. Brewer & CJ., S'hai & H'kong Facing 384 A. M. & J. Ferguson, Colombo Hongkong Daily Press Officer
Brewers:-
..1038
Japan Brewery Co., Yokohama Facing 780-781 San Miguel Brewery, Manila... ...1040 Shangkai Brewery Co.
BUILDING Contractors !-
Kang On, Hongkong
EDUCATION:--
San F'cisco Business College Front Fly Leaj ENGINEERS AND MACHINISTS: ~~~
W. S. Bai ey & Co., Hongkong Facing 384. H. F. Carmichael, Hongkong... Crane Co., of hicago, Shanghai
1039
xiii
Douglas and Grant, Kirkcaldy, Scotland 1049 S. C. Farnham, Boyd & Co., S'hai Facing 212 Goo. Fenwick & Co., Hongkong ...Facing 37% H'kong &W'poa Dock Co., Ld.~~...Facing 384 Marty & d'Abbadie, Haiphong
New Engineering & Shipbuilding Works,
Shanghai...
xii
Facing 212 Richard Frères & Coiffard, Lyons... ...1057 Soc. des Forges de Fanche-Comte
Besançon, France
Facing 212
Facing i
A Tiersot & Co ; Paris
Vallotton & Cie., Lyons
C. E. Warren & Co., Hongkong - Facing 384 BUTTERS:
Bretel Frères à Valognes, France... ...1057 CANNED Goons :-
California Fruit Canners' Association..... 1048 S. Foster & Co., San Francisco CANVAS :--
...1018
Arnhold, Karberg & Co., Hongkong ....1036 CEMENT MANUFACTURERS:-
Green Island Cement Co., H'ong & Macao 384 CHEMISTS AND DRUGGISTS:-
A. S. Watson & Co. Ld.
Back Cover
P. O.'Brien Twigg, Shanghai ... Facing 212 Victoria · Dispensary, Hongkong Fucing 384 CIGAR FACTORIES:-
Alhambra," Manila
Compania General, Manila
...
...1041
...1039
W. Kennedy & Co., Manila ... Facing 701 Philippine Tobacco Trust ‹ 0.
La Urania, Manila
La Yebana, Manila
CIGAR MERCHANTS : -
44
W. H. Potts & Co., Hongkong CIGARETTE MANUFACTURERS :-
Iwaya & Co., Tobyo...
...
***
...1044 ... 1043 ...1049
...
Facing 384
...10.9.
...1037
Tanjong Pagar Dock Co., S'pore Facing 557
ESTATE AGENTS:---
...1057
...1058
iv
...1038
Humphreys Estate & Finance Co., Ld.,
Hongkong
Sam Wang Land Investment, Loan and
Agency Co., Hongkong..... FILTERS--Berkereld :-
Voelkel & Schroeder, Shangbai Facing 213. FLOUR MERCHANTS :-
Port Costa Milling Co., San Francisco.....1039 Sperry Flour Company... ...Front Fly Leaƒ FLY PAPER :-
0. & W. Thum Co., Grand Rapids,
Mitch, U.S.A....
FURNITURE DEALERS
A Chee & Co., Hongsong
A Ling & Co., Hongkong Cheong Lee & Co., Hongkong GOLD LEAF MANUFACTURERS :
Wing Shing Loong, Hongkong HANDBOOKS:-
Darlington & Co., Llangollen
Facing 212
***
xxii ..1033.
...1037
..103-$
1:54
..Back Fly Leof
Directory of Protestant Missionaries in
China, Japan and Corea
Digitized by oog e
INDEX TO ADVERTISERS - Continued
PAGE!
HIDE & SKIN BROKERS:-
Dyster, Nalder & Co., London HOTELS-
Canton: Victoria
Hongkong: Connaught House Hongkong: Peak Hotel London: Howard Hotel Macao: Boa Vista...
Macao: Hotel Internacional Manila: Hotel Oriente...
...
...1050
...1031
...Facing 384 Facing 384
xxxiii
PAGR
Hongkong Weekly Press Tropical Agriculturist, Colombo
...1037
... 1059
OUTFITTERS :-
Cottam & Co., Hongkong
...Side of Cloth Cover, facing 384
Lane,Crawford & Co., Hongkong Facing 373
...1056
aa
PAINTS:-
Facing 456
Penang: Eastern & Oriental... Bangoon: Strand Hotel Shanghai: Astor House Shanghai: Hotel des Colonies Shanghai: Hotel Metropole... Singapore: Raffles Hotel Weihaiwei: Queen's Hotel
HOUSE FURNISHERS:-
...1031
Facing 700 Facing xxviii Facing xxviii Facing 212
Co. Facing 212 ...Facing 212 Facing xxviii Facing 186
Lane, Crawford & Co., Hongkong Facing 373 ICE & REFRIGERATING MACHINERY MANUFAC-
TURERS :-
Vulcan Iron Works, San Francisco, Front
Insurances. FIRE:-
Meiji Fire Insurance Co.
Peacock & Buchan, Southampton...
Torbay Paint Co., London
•
...1056 xxxvi
Wilkinson, Heywood & Clark, Hongkong xx
PAPER MAKERS:-
Duxbury & Sons, Manchester
...1051
A
John Dickinson & Co., London Edward Lloyd, London
...1052
...103%
PEN MAKERS:-
PHOTOGRAPHERS:
Joseph Gillott & Sons, Birmingham ...xxiii
Mee Cheung, Hongkong... M. Mumeya, Hongkong PHOTOGRAPHIC ARTICLES:- A Chee & Co., Hongkong Jougla, Paris
PICTURE FRAME MAKER:-
Wo Sun, Hongkong.....
PRINTERS:
...103-4
Facing 384
...1032
..1037
... 10-4
Hongkong Daily Press Office... Facing... 373
PRINTERS' FURNISHERS:
John Dickinson & Co., London
Fly Leaf
Phenix Fire Insurance Co.
...xxxi
...1021
Issurances. LIFE :-
Standard Life Office, Shanghai
...1020
ISSURANCES. MARINE :-
...1052
Tokyo Marine Insurance Co....
Nippon Marine & Transport Insce. Co....1020
PROVISION MERCHANTS:-
...xxxi
Jax MaxupACTURERS:--
G. Girault, Hongkong
Facing 402
S. Foster & Co., San Francisco
. 1048
Chas. Southwell & Co., London JEWELLERS, &c:-
...1054
...
...Facing
...1033 ... 1034
i
Sennet Frères, Shanghai
Sun Shing, Hongkong
Kwong Man Shing, Hongkong
Wing Cheong & Co.. Hongkong Facing 385
LACE MANUFACTURERS;-
Fr. Blunck, Hongkong
Facing 384
LIGHTING:--
A. C. Wells & Co, London
...1053
Shanghai Gas Co.
Facing 212
LyossESE MANUFACTURE:
Pierre Chaize, Jne., Lyons
...1057
MASEFACTURING CHEMISTS :~~
Front Fly Leaf
Andrews
MASUFACTURers' RepkeSENTATIVES:-
and George, China and
Japan
Facing 212
MAP MAKERS:-
wott & Gilbert Co, San Francisco
RAILWAY COMPANIES:-
Southern Pacific Co., San Francisco1046-1047 ROPE MANUFACTURERS:-
H'kong Rope Manufacturing Co. Facing 384 SAILMAKERS :-
Hoo Cheong Wo & Co., Hongkong Wo Fat & Co., Hongkong
SHIPBUILDERS :----
S. C. Fruham, Boyd & Co,
Hongkong
...xviii
xvii
Shang-
Facing 212
Facing 384
hai W. S. Bailey & Co, Geo. Fenwick & Co., Hongkong Facing 372 H'kong & Whampoa Dock Co., Ld. Facing 384 New Engineering & Shipbuilding Works,
Shanghai
... Facing 212
Tanjong Pagar Dock Co., S'apore Facing 557 SHIPCHANDLERS :-
Bismarck & Co., Hongkong & Port Arthur F. Blackhead & Co., Hongkong
Hartwig & Co., Singapore
W. & A. K. Johnston, Ld., Edinburgh...1056 Merchants, Commission AGENTS, &C:-
A. M. Capen's Sons, New York
Isaya & Co., Tokyo ...
...
K. W. Geldart, New York, U. S. A. Paul Behrens, Tsingtau
Mitsui Bussan Kaisha
Wai Hung & Co., Hongkong, METAL MERCHANTS:-
E Hing, Hongkong
Ceylon Observer Thung Ngoi Sau P
Hongkong Daily Press
...
:
...
***
...10:9
1038, 1060 ...xxiii
XV
.. 1085
1050
Kwong Sang & Co., Hongkong
Hoo Cheong Wo & Co., Hongkong
...1027
...Xviii
•
.1029
...1045 ...1031
Ritchie & Co., Hongkong
More & reimund, Hongkong
Lane, Crawford & Co....Back of Cloth Cover
...1037
***
xx
Shau Cheong & Co., Shanghai
xix
...
... XXX 1036
...1033
Wing Kee & Co., Hongkong
Wo Fat & Co., Hongkong
Yee Kee & Co., Hongkong SILK FABRICS :-~
Soc. Anon. pour fabric. de la soie
du Chardonnet Besançon, France ...1657 STAMP DEALER :-
Graça & Co., Hongkong gle... Facing 384
R
...1031
xvi
... xvii
xxi
INDEX TO ADVERTISERS. Continued
PAGE
1058
.1032
xxxiv
STEAMSHIP AGENTS:-
Browne & Co., Kobe an 1 Moji Butterfield & Swire, Hongkong STEAMSHIP LINES:-
Beng Brothers Line Steamships China & Manila S.S. Co.
PAGE
TILE MAKERS :-
xiv
Soc. Anon. des Carrelages en Gres
.....1021
Cerame de Paray-la-Monial
TIMBER DEALERS :-
́...1024
China Navigation Co., Limited
...Facing 384 ..1026
L. Mallory, Hongkong
TOBACCONISTS :-
Compañia Trasatlantica ...
.1023
Eastern and Australian S. S. Co.
1025
Hamburg-Amerika Linie
vi-vii
Heungkong Steamboat Co.
H'kong,Canton & Macao S.B.Co. Bark Fly Leaf
Imperial German Mail Line
viit
Koninklijike Paketvaart Maatschappij..1027
Messageries Maritimes
Nippon Yusen Kaisha
ix
Norddeutscher Lloyd Orient Linie ...1026 Osaka Shosen Kaisha
Foot of Directory Pages
.1022
1025
Peninsular & Oriental S. N. Co.
Service des Corres. Fluviales du Tonkin xi STOREKEEPERS:-
...1035
F. Blackhead & Co., Hongkong Bismarck & Co., Hongkong & Port Arthur XV Lane, Crawford & Co., Hongkong.......Back of TAILORS:
Cloth Cover
Hong Sing, Hongkong
xxi
Ah Man & Hing Cheong Co., Hongkong.....1032 Houng Cheong & Co., Hongkong... TANBAN WATER :-
...1033
J. Clifford Wilkinson, Kobe Side of Cloth Cover TRAK MERCHANTS:--
Denny, Mott & Dickson, Ld., Bangkok 1027
J. & E. Karsenty, Fils & Cie, Marseilles 1057 TRADE MARKS OF BRITISH MANUPTRS, 1013-1014 TRAMWAYS:-
Hongkong High Level Tramways Co., Ld.
TYP FOUNDERS :-
Tokyo Tsukiji Type Foundry...... TYPEWRITERS :-
Remington Standard Typewriter, New
York
VARNISH MANUFACTUREKA :--
iv
1030
Wilkinson, Heywood & Clark, Hongkong xx WATCHES AND CLOCKS: -
Sennet Frères, Shanghai
WINES AND SPIRITS :---
Ansonia Clock Co., New York
Facing 212
Facing
10:3:3
1058
10577
Caldbeck, Macgregor & Co., China A. Bézagu & Co., Bordeaux .....
G. Preller & Co., Bordeaux
H. Price & Go., H'kong & Manila....... Facing 38 4 A. S. Watson & Co.
Hannis Distilling Co.,
U.S.A.
Front Cocer
Philadelphia,
W. H. Potts & Co., Hongkong G. Girault, Hongkong
Facing 212 ... Facing 344 Facing 402
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Anglo-Chinese Calendar for 1903.
BEING 11. & III. OF KING EDWARD VII.
XXVIII. of Kwang-##, bring Yam-yan, or the 39th Year of the Cycle, and XXIX. of Kwang-aй, being Kwai-mow, or the 40th Year of the Cycle. 卯癸次歲年九十
豬光至寅壬次歲年八十二緒光
JANUARY
FEBRUARY
MARCH
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SEPTEMBER
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NOVEMBER
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(31 Days)
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(31 Days)
(30 Days)
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(31 Days)
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xxxvi
ENGLISH FIRM
TORBAY PAINT.
EXTENSIVELY USED BY
THE BRITISH NAVY, WAR OFFICE,
Imperial Japanese and Chinese Railways, British and Foreign Railway Companies, Gas Cos., and Engineering Cos. for
BRIDGES, STATION ROOFS,
LOCOMOTIVES, GAS WORKS, WAGONS,
AND FOR THE FINEST DECORATIVE PURPOSES.
Large Surfacing Powers,
Extraordinary Preservative Qualities.
RESISTS THE EXTREMES OF HEAT AND COLD, DAMP AND MOISTURE.
油巴度
全物師及叉梁器國及署此 相耐倘各煤及等各日常油 宜久用物氣用各國本用乃 此無此用車以站司鐵之 以英 佈論油之輪製頭皆路鐵油國 寒更等造用公路節水 暑抹件新宇此司公各師 潮可精如織之以煤司物及 濕出妙欲機油氣井中兵 均保各裝噐背橋機英國部
Registered Trade Marks: "WOLSTON" and "CALLEY'S TORBAY"
Sole Manufacturers-
*
THE TORBAY PAINT COMPANY,
26, 27, & 28, BILLITER STREET,
LONDON, ENGLAND.
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THE CALENDAR FOR 1903
JANUARY--31 DAYS
xxxvii
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st 15th
..6h. 42m.
3h. 26m.
1901
1902
....6h. 44m.
sh. 35m.
Maximum
75.8
78.0
Minimum
.56.7
48.5
MOON'S PHASES
Mean
...64.9
63.1
d. h.
11.
First Quarter
7 6
02
A.M.
BAROMETER, 1902.
Full Moon
13
10
Mean..
.30.14
23
P.M.
Last Quarter
20
7
35
P.M.
New Moon
29
0 45
A.M.
1901 0.685 inches
RAINFALL
1902
0.285 inches
Lata or Days or
12 & 1
WIEK
MONTH
MOONH
Thur.
1
3
Frid.
.
}
Nat.
Sum.
6
Mon.
Tues.
6
Wed.!
9
Thur.
10
Frid.
-
Sat.
10
Sun.
Mon. 12
14
11
13
15
20
24
CHRONOLOGY of Remarkable EveNTS
Kobe and Osaka opened, 1868. 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.
2ND AFTER CHRISTMAN,
Decree of Emperor Tao-kwang prohibiting trade with Eùgland, 1840.
Yeh captured, 1858.
Commissioner
EPIPHANY. Fearful fire at Tientsin, 1,400 famine refugees burnt to death, 1878.
Forts at Chnenpi taken with great slaughter, 1841.
Tex one-fourth inch thick at Canton, 1872. British str. "Nahrhow" sanh on Cup Chi, HE
Swatow; about 350 lives lost, 1802
Murder of Mr. Holworthy at the Peak, Hongkong, 1869. Marriage of the Mikado of
Japan, 1869.
Murder of a Chinese Reformer in Gage Street, Hongkong, 1901,
1ST AFTER Epiphany. Seamen's Church, West Point, opened, 1872. New Union Church,
Hongkong, opened, 1891.
Tung-chi, Emperor of China died, in the nineteenth year of his age, 1875.
Ki-ying, Viceroy of Two Kwang, issues a proclamation intimating the intention of
opening up Canton according to the Treaties, 1846.
Secretary of United States Legation murdered at Tokyo, 1871.
Bread poisoning in Hongkong by Chinese baker Alum, 1857,
Severe frost in Hongkong, 1893. Là Hung-chang, new Viceroy, reaches Canton, 1985,
Chinese Imperial Court returned to Peking, 192.
The Tai-wo gate at the Palace, Peking, destroyed, 1889.
28d after ÉrivHANY. Great Gunpowder explosion in Hongkong harbour, 1867.
Elliot and Kishen treaty, ceding Hongkong, 1841. Sailors' Home at Hongkong formally
opened, 1863.
Attempt to set fire to the C- N. Co.'s steamer " Pekin " at Shanghai, 1891.
Collision near Woosing between P. & O, steamer "Nepaul" and Chinese transport. **Wan-nien-ching "¦° latter sunk and eighty lives lost, 1887. Celebration of Hongkong's Jubilee, 1891.
Death of Queen Victoria, 1901. The first Chinese Ambassadors arrived in London, 1977. P. & 0. steamer "* Niphon" lost off Amoy, 1868,
..
Matheus Ricei, the Jesuit Missionary, enters Peking, 1601. U.S. corvette "Oncida
lost through collision with P. & O. steamer **Bombay. near Yokohama, 1870. Decree announcing resignation of Emperor Kwang Hsu, 1900, 3RD AFTER EPIPHANY.
Hongkong taken possession of, 1841. S. Paul's Church at Macao burnt, 1835, Terrific
fire at Tokyo; 10,000 houses destroyed and many lives lost, 1881.
21 12
CED A 3N
33 19
31
2 = 2 * 122 122 32 333 3 498 3:
Tues.
Wed.
Thur. 15
14
16
17
Frid.
16
18
Sat.
17
19
Sơn.
Mon.
21
Turs.
20
Wed.
21
Thur. 22
Frid.
23
25
>at.
24
26
SHA.
25
Mon.
26
28
Tues. Wel Thur.
27
29
}
28
30
29
N.Y.
Frid. 30
Decree from Yong-ching forbidding, under pain of death, the propagation of the
Christian faith in China, 1733.
Lord Saltou left China with ~3,600,000 ransom money, 1846,
Outer forts of Weihaiwej captured by Japanese, Taði. ........ Öögle
xxxviii
THE CALENDAR FOR 1903
FEBRUARY-28 DAYS
SUNRISE
1st
.6h. 41m.
SUNSET 5h. 47m.
HONGKONG TEMPERATURE
1901 1902
15th
..6h. 33m
5. 56m
Maximum
..68.3
75.3
Minimum
.38.4
40.5
MOON'S PHASES
Mean
..54.8
59.3
d. h.
1.
First Quarter 5
6
IN
P.M.
BAROMETER, 1902
Full Moon
Meau...
30.30
12
9
04
A.M.
Last Quarter 19
2
29
P.M.
New Moon
27
6
26
P.M.
1901 0.763 inches
RAINFALL
1902
0,020 inche
DAYS OF DAYS OF 1 & 2
WEEK
MONTH
MOONS
Sun.
1
4
Mon.
Tues.
Wed.
Thur.
5
Frid.
Sat.
*
6
9
10
** = 1
1- 00
Sun.
Mon.
Tues. 10
11
12
PI 00
13
Wed. 11
14
Thur. 12
15
Frid. 13
16
Sat.
14
17
Sam. 1
15
18
Mon. 16
19
Tues.
17
20
Wed. 18
21
Thu
19
22
Frid.
Sat.
*22* 2 ** *9
+α = 2* N*
1212223
20
23
21
24
Sun,
22
25
Mon.
23
26
Tues.
24
27
Wed. 25
28
Thur. 26
29
Frid. 27
Sat.
28
CHRONOLOgy of REMARKABLE Events
Th
4TH AFTER EPIPHANY. Inhabitants of Hongkong declared British subferts, 1841.
Additional Article to Chetoo Convention came into force, 1887. Mrs. Carew senteret to death at Yokołuunt for the murder of her husband; senteure commuted to pemaal servitude, 1897.
The new German Club at Hongkong opened, 1872, Weihaiwei citadel captures by
Japanese, 1895.
Great robbery in the Central Bank, Hongkong, discovered, 1865, Agreement opening
West River signed, 1897,
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,
SEPTUMDENIMA SUNDAY, The Spanish fleet leaves the port of Cavite, by order of the
tiovernor of Manila, for the purpose of taking Formosa, 1626,
The
"
Henrietta Maria" was found drifting about in the Palawan Passage, captain. crew, and 24 coolies missing, 1857. Muider of Messrs. Kiddle and Sutherla ned Mengka on Yunnan border, 1900,
zat
The Japanese constitution granting representative government proclaimed by the
Emperor in person at Tokyo, 1889.
Outbreak of Convicts in Singapore Gaol, 1875. Surrender of Liukangtan Island
forts and remainder of the Chinese fleet to the Japanese, 1895.
1872.
S. Valentine's Day. Tung Wah Hospital, Hongkong, opened by Sir R. G. MacDonnell, SEXAGESIMA SENDAY. Ports of Hongkong and Tinghai declared free, 1841. The Chines.. frigate "Yu-yuen" and corvette "Chin-cheng" sunk by the French in Sheij **, Tusurgents evacuated Shanghai, 1855. Stewart scholarship at Central School, Hong-
kong, founded, 1884. Alice Memorial Hospital, Hongkong, opened, 1887,
harbour, 1885,
The U.S. paddle man-of-war **Ashuelot ** wrecked on the East Lammock Rock,
Swatow, 1883.
Ter
Lord Amherst's Embassy, returning from China, was shipwrecked in the Java Net-
1817.
Mr. A. R. Margary, of H.B.M.'s Consular Service, was murdered at Manwyne. Yunnan,
by Chinese, 1875.
"TITSENQUAGESIMA SUNDAY. The Emperor Tao-kwang died, 1850 (reigned 30 years).
Hostilities between England and China recommenced, 1841. Steamer Queen
captured and burnt by pirates, 1837. First stone of the Hongkong City Hall laid, 187.
SITROVE TUESDAY. Chusan evacuated by the British troops, 1841. Explosion of boiler or the str. "Yotsai" between Hongkong and Macao; six Europeans and thirteen Chinese killed and vessel destroyed, 1884.
ASTY WEDNESDAY. Captain Da Costa and Lieut. Dwyer murdered at Wong-ma-kok, ių
Hongkong, 1849.
Bogue Forts (Canton) destroyed by Sir Gordon Bremer, 1841. Hongkong police chop
burnt, 1884. Marriage of the Emperor Kwang Hsu, 1889).
Treaty of peace between Japan and Corea signed at Kokwa, 1876.
of Port Hamilton by the British forces, 1887.
Capture of the Sulu capital by the Spaniards, 1876f
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"Google
Evacuation
THE CALENDAR FOR 1903
xxxix
MARCH-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st.
.6h. 23mı.
6h. 02m.
1901
1902
15th
...6h. 10m.
6h. 08m.
Maximum
.78.**
79.3
Minimuni
54.5
53.7
Mean
.63.7
68.1
MOON'S PHASES
1. h.
[1].
BAROMETER, 1902.
First Quarter 7 3
20
A.M.
Mean.......
30.03
Full Moon
13
8
19
P.M.
Last Quarter
21
10
14
A.M.
1901
RAINFALL
1902
New Moon
29
9
32
A.M.
1.275 inches
0.480 inches
Dy " or Days or ¦ 2 and 3
Sra.
Mont.
Tues.
Wed.
MOSTR
ក
MOONS
CHRONOLOGy of Remarkable EvenTA
18 IN LENT. S. 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 Tsż, Ktang Po, 1301.
Emperor Kwang Hsu assumes the government, 1889.
Expulsion of Chinese Custom House from Macao by Governor Amaral, 1849.
Hostilities at Canton recommenced. - Fort Napier taken by the English, 1841.
Departure of Governor Sir J. P. Hennessy from Hongkong, 1882.
2DD IN LENT, Arrival in Hongkong of Prince Henry of Prussia, 1898. Russo-Chinese
Manchurian Convention signed, 1902.
Attack on Messrs. Farnham and Rohl at Shanghai, 1872.
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.
Imperial Commissioner Ki-chen, degraded by the Emperor, left Canton as a prisoner, 1841.
Capture of Bacninh, Tonkin, by the French, 1884.
Chinese Custom House closed at Macao, 1849.
8,000 Chinese troops routed by the English at Tze-hi with great slaughter, 1842
Law Courts at Yokohama opened, 18T0. Hongkong and Shun,hai Bank at Peking burnt down, 1900,
New
Thur.
Frid
Sat.
Swit
10
Mon.
Tues 10
උස
11
12
Wel. 11
13
Thur. 12
14
Frid. 13
į
15
Sat.
14
16
2 = 2 * *
Sen.
15
Mon.
16
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Wel.
Thur.
Frid
18
19
20
Sat.
Mon.
Tues.
WeL
Thur.
Frisl.
Nat.
Stat.
28
Mon. 30
Tues.
31
ོད་ལ་དྷསྶཏིསྶ བགབརཆེ
18 :
19
F
20
22
23
24
26
27
* 2 2 22839 9 5 * 8-**
있
25
28
29
30
26
27
3RD IS LEST. Governor Sir H. Robinson left Hongkong for Ceylon, 1565,
Chinese Envoy Ping and suite left Shanghai for Europe, 1866.
8. 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 foreign trade, 1891.
Governor Sir G. Bonham landed at Hongkong, 1848.
Wreck of the steamer "Nanzing," near Hongkong, 1891.
British ship "Sarah," first free-trader, sailed from Whampoa, 1834.
4TH IN LENT. Death, at Peking, of Sir Harry Parkes, H.B.M. Minister to China, 1887. Captain Elliot forced his way to Canton, 1839. Aguinaldo captured by the Americans
In the Philippines, 1901.
First Section of Manila-Dagupan railway opened, 1891. Attempted assassination of
Li Hung chung at Shintoneseki, 185.
Captain Elliot demands passports for himself and all the British subjects imprisoned'
in Canton, 18:39.
Great Flood at Foochow, 1874.
Death of the widow of the Emperor Tung-chi, 1873. Protocol of Convention between
China and Portugal signed at Lisbon, 1887.
Good Frmay, 20,280 chests of opium burned by Lin, 1839.
5th 18 Lest. Seizure and occupation of the Pescadores by the French fleet, 1885.
"Arrival of Governor Sir George Bowen, G.C.M.G., 1981.
Abolition of the coolie trade at Macan, 1874.
Arrival of the Duke and Duchess of
•oogle
Commaught in Hongkong, 1890, Digitized by Oogle"
xl
THE CALENDAR FOR 1903
APRIL-30 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st.....
.5h. 55m.
Ch. 14m.
1901 1*2
15th....... 5h. 41m.
6h. 19m.
Maximum
..84.8 89.5
Minimum Mean
..61.9 58.8
.71.9 73.1
MOON'S PHASES
d. h.
11.
First Quarter 5
9
57
A.M.
Full Moon
12
24
A.M.
Last Quarter 20
36
A.M.
New Moon
27
9
37
P.M.
BAROMETER, 1902
Mean......
.29.99
1901
RAINFALL
1902
9.035 inches
1.845 inches
DAYS OF Days or 3 and 4
!
WEEK
MONTH
Wed.
1
Thur.
Frid.
3
Sat.
Sun.
Mon.
6
Tues.
7
10
Wed. 8
11
Mooss
CHRONOLOGy of RemaRKABLE EVENTS
The port of Hoihow, Hainau, opened, 1876. The ports of Pakhoi, Wenchow, Wuhu,
and Ichung opened, 1877,
French Flag hoisted at Kwangehauwan, 1898. Belilios Reformatory opened at Hong-
kong, 19.0.
7 Protocol arranging the preliminaries of peace between France and China signed at Paris, 1885. The Tsarewitch and Prince George of Greece arrive in Hongkong, 1851. Mujor-General Gascoigne, Acting Governor, Hongkong, 1300,
ఈ
PALM SUNDAY.
Bogue Forts destroyed by General D'Aguilar, 1847. Wheelbarrow Rior at Shanghai, 1817.
Convention between Mr John Francis Davis and the Viceroy Ki-ying for the admission
of Europeans into the city of Canton within two month-, 1842.
Hongkong Mint opener, 1866. Indignation Meeting at Shanghai respecting Wheel-
barrow Rint, 1807.
Arrival of M. Paul Bert at Hanoi, 1888.
Thur. 9
12
Frid. 10
13
Sat. 11
14
Sun.
12
15
Terrifle tornado in Canton; 2,000 houses destroyed and 10,000 lives lost, 1878. EASTER DAY. 37,000 Christians butchered in Japan, 1738.
Tseng, 1890.
Death at Peking of Marquis
Mon. 13
16
Tues. 14
17
Wed. 15
18
Thur. 16
19
Frid.
17
20
18
21
Presentation of colours to Hongkong Regiment, 1895. Soldiers' Club opened at Hongkong, 1900,
S. Francis Xavier left Goa for China, 1552.
British Flag hoisted at Taipoli, Kowloon New Territory, 1599.
Kennedy arrived in Hongkong, 1872. Telegraph to Shanghai opened, 1871. (including Nanoa" pirates), 1891.
t Shimonoseki, 1895,
Governo Sir Arthur
Execution at Kowloon city of nineteen pirates Treaty of Peace between China and Japsanı signed
Convention between China and Japan settling Corean differences signed at Tientsin, 1983-
The 9. & O, steamer **San Pabló" wrecked near Turnabout, 1888.
LOW SUNDAY. The "Sir Charles Forbes," the first steamer in China waters, arrivet,
1830. The Tsarewitch arrived at Hankow, 1891.
Sat.
Sun
Mon. Tues.
20
21
Wed. 22
EN **SX NAS
* 2 R = N 3 ****
Thur. 23
Frid.
Sat.
Sun. 26
Mon.
Tues.
27
28
Wed. 29
Thar.
38
30
19
22
23
24
Resignation of Shanghai Municipal Council, 1897.
25
East India Company ceased trade with China, 1834.
Hennessy in Hồngkong, 1877.
Arrival of Governor J
Pope
26
S. George's Day.
24
27
25
28
20
Capture of the citadel at Hanoi, Tonkin, by the French forces, 1892., Departttre
Sir William Marsh, acting Governor of Hongkong, 1897,
2ND AFTER EASTER, Foundation stone of Queen's College, Hongkong, laid, 1884.
of
Arrival of General Grant in Hourkong,189ed by Google
Ratifications of Corean Treaty with England exchanged, 1834.
Japan constituted by Imperial decree, 1888.
Prwy Council
for
THE CALENDAR FOR 1903
MAY-31 DAYS
xli
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st.. 15th..
.5h. 29m.
6h. 25m.
1901 1902.
.5h. 21m.
6h. 31m.
Maximum
.88.7
29.1
Minimum
64.2
70,6
MOON'S PHASES
Mean
77.1 79.4
d. h.
m.
First Quarter
4 3
32
P.M.
Barometer, 1902
Mean.......
29.83
Full Moon
9
24
P.M.
Last Quarter
19
11
24
P.M.
New Moon
27
6 50
A.M.
1901 14.105 inches
RAINFALL
1902
26.730 inches
PASS OF DATE or, 4 and 5
WEEK MONTH MOONS +
Frid.
5
Sat.
SER.
Mon.
001-00
3rd after EasTER.
First number of
Chronology of Remarkable Events
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, 1885.
Riot in French Concession at Shanghai, 1874.
inauguratedi, 1884.
Suspension of Oriental Bank, 1884.
Roman Catholic Cathedral at Peking
Tues.
British troops evacuated Ningpo, 1842.
Wed. 6
10
Thur. 7
11
Frid.
12
Mat.
9
13
N.
10
14
Mon. 11
13
Tres.
12
16
Wed.
13
17
Thor. 14
18
Frid
15
19
Mat.
16
20
Sun. 17
21
of General Grant in Shanghai, 1879.
Mon.
:
* 2 2 2
18
19
23
20
24
21
25
:
22
26
Foreign factories at Canton pillaged, 1841,
!
27
U.S. Legation at Tokyo burned down, 1863,
I
28
29
Formosa Republic declared, 1895.
26
30
Death of Grand Secretary Wen-siang, 1976.
.27
1
28
Tues.
Wed.
Thur.
Fridl.
MI.
SHA.
Mon.
Tues.
Wed:
Thor.
23
24
25
*** *** * 38 3
Frid. 20
30
Swa.
31
1ST AFTER ASCESSION. Queen Victoria born, 1819. Captain Elliot and all the British
mibjects left Canton for Macao, 1859. British fing
The city of Canton invested by British troops, 1841.
hoisted at Weihaiwei, 1908.
Anti-foreign riot at Nanking, 1891.
Canton ransomed for $6,000,000, 1841. Boxers burn station on Lu-Hau line, 190,
Queen's Statue, Hongkong, unveiled, 1896. Great rain storm in Hongkong, serious
damage, 1880. Anti-foreign riots in Szechmen, 1895.
H.B.M. screw sloop "Reynard'
1" lost on the Pratas shoal in trying to rescue reminder of crew of "Velocipede," 1851. Opening of the Peak Tramway, Hongkong, 168s. WHIT SUNDAY. Typhoon at Hongkong and Macao; loss of the "Poyang," with 100 lives,
near Macao, 1878.
Digitized by
Google
Attack on Mr. Wood at the British Legation at Tokyo, 1874, Departure of Governor Sir Williant Des Vieux from Hongkong, 1891. H.M.S. **Terrible" arrived at Hongkong from South Africa, 1900, New Town Hall at Tientsin opened, 1890. Waglan Lighthouse opened, 1893. 4th after Easter. Hongkong declared infected with plague, 1804
the Imperial troops captured Chang-chow, the rebel city, 1884. Decupation of Port "Haniliam W," the fuitish fiquitron, 1885.
Attempted assassination of the Tsarewitch by a"Japanese at Otsu, Japan, 1881. Execution
of fifteen pirates (including leader of "Namoa" pirates) at Kowloon, 1891.
East India Company's garden at Canton destroyed by the Mandarins, INGI.
A corporal of the British Legation murdered by Chinese soldiers at Peking, 1864. Auti-
Foreigï riot at Wuhu, 1977.
Arrival of Sir Joñu Walsham, Bart., in Hongkong, on his way to Peking to assume
the functions of British Minister, 1886.
Ratification at Peking of the amendert Treaty between Russia and China, 1881. Anti-
foreign riot in the Hochow district, 1891..
Kowloon want city occupied, 1899.
ROGATION Sunday. Loss off Amoy of the French war steamer "Izere,
The city of Chapu taken by the British troops, 1842. Anti-foreign riot a: Nanking, 1891.
Disastrous surprise of a French sortie in Tonkin led by Commandant Riviere and death
of the latter, 1883. * Hongkong Daily Press" enlarged, 1900,
Forts at mouth of Peiho captured by British and French forces, 1858. The Canton Mint
commenced striking silver coins, 1800,
Ministers'
ASCENSION DAY. Loss of M.M. str. "Menzalch" while on her passage from Hongkong to
Yokohama, 1887. Imperial Edict respecting anti-Christian literature, 1892. Joint Note to Chinese Government on the Boxer agitation, 1900.
Colonel Gouden with
* 1 it. Arrival
xlii
THE CALENDAR FOR 1903
JUNE-30 DAYS
SUNRISE
1st......... .5h. 16m.
SUNSET
HONGKONG TEMPERATURE
6h. 3stu.
1901 1902
15th....... .5h. 16m.
6h. thn.
Maximum
.90.6
89.3
Minimum
74.2 71.9
Mean
81.5 80.3
MOON'S PHASES
d. h.
m.
Barometer, 1902
First Quarter
2
9
30 P.M.
Mean.....
29.73
Full Moon
10
11
14
A.M.
Last Quarter
18
50
P.M.
New Moon 23
17
P.M.
1:01 2.335 inches
RAINFALL
1902
15.440 inches
DAYS OF DAYS OF 5 & Int.
WEEK
MONTH
MOONS
CHRONOLOGy of RewaRKABLE EVENTS
Mon.
1
Tues.
I-
Wed.
Thur. Frid.
4
*
10
උස
Sat.
11
Sani.
12
Mon.
13
Tues.
14
Wed. 10
15
Thur.
19 ม
11
16
Frisl. 12
17
Sat.
13
18
Swa. 14
Mon.
15
20
29
19
Tues. Wed.
+
16
Thur.
18
Frid. 19
Sat.
20
Sine. 21
Mon.
Tues.
22
Thor. 25 Frid. 26
Sat.
27
Sua. Mon.
Tues.
༤: ལྷ་མལ་གོཔ ོ
30
21
22
23
ཡསྶཨོམསྶཾདྷདྷཝཱཔོ
Woosung taken, 1842.
First_foreign-owned junk leaves Chungking, 1891.
Attempt to blow up the Hongkong Hotel, 1868, New Opium Agreement between
Hongkong and China came into force, 1887. Anti-foreign rint at Tanyang, 1891.
(Hongkongg connected with London by wire, 1871. Formal-transfer of Formosa from
China to Japan, 1895, Revs. Norman and Robinson murdered, 1**,
Earthquake at Manila, killing more than 2,000 persons, 1963. Death of Sir Arthur Kennedy, 180x3. Russell & Co, suspend payment, 1891. Kelung taken possession of by Japanese, 1895.
West River opener, 1897.
Treaty between France and Corea signed at Seon), 1886, Departure of the first 0, & 0, steamer from Hongkong to San Francisco, 1875, Messfr, Argent and Green murdered in an anti-foreign riot at Wuhsnch, 1891. Communication with Peking ent off, 19***.
Heavy rains in Hongkong, property to the value of 8500,000 destroyed, and many lives
Jost, 1961.
TRINITY SUNDAY. Attempted anti-foreign riot at Kinkiang, 1891. Destruction of Mission premises at Wusich hy anti-foreign mob, 1891.
Suspension of New Oriental Bank, 1842. The P. & 0, steamer "Aden
Socotia, 78lives lost, 1807.
Typhoon at Formosa ; loss of several vessels, 1878,
Portuguese prohibited trading at Canton, 1640,
Opening of the first Railway in Japan, 1872.
wrecked off
Admiral. Sey niour starts for Peking,
Į British steamer " Carisbrooke' fred into and captured by Chinese Customs cruiser, 1875. Imperial Edict condemning attacks on Foreigners, 1801, Baron von Ketteler. Gernuan Minister, murdered in Peking, 1900,
1ST AFTER Tuosity, Russian and Chinese Trenty, 1728,
Tidal Wave, Japan, 28,000 lives lost, 1896. - British barque "Casar" and Danish schooner
"Carl" taken by pirates off Pedro Blanca, 1866.
1887.
Hope Dock opened at Aberdeen,
Capture of Taku Forts by Allies.
1900,
24
Shanghai occupied by British forces, 1842.
23
Canton blockadest by English forves, 1840.
28
Wed. 24
29
Explosion of the "Union Star" at Shanghai, 17" persons killed and 19) wounded, 1862.
Disastrous inuufation at Foochow, 2,000 lives lost, 1877.
Queen's Areession, 1837. Macartney's embassy arrived in China, 1781. Attack on mis-
sion premises at Haimen city, 1891.
"2ND AFTER TUNITY. Massacre at Tientsin, 1870,
Diamond Jubilee celebration, 1897.
Ki-ying visit" Hongkong, 1843. Shock of Earthquake in Hongkong, 1874, French troops
surprised by Chinese near Langson, 1884.
Assassination of M, Carnot, President of the French Republic, 1894.
Treaty of Nanking exchanged, 1843, Attack on British Legation at Tokyo, 1982.
Treaty between England and China signed at Tientsin, 1838. Additional Convention
between France and China signed at Peking, 1857.
Treaty between France and China signed, 1858. Confiscation of the str. "Prince Albert "
by the British Consul and Customs at Canton, 1966,
3rd after TRINITY,
Queen's Coronation, 1835.
The Foreign Ministers admitted to an audience of the Emperor of China at Peking, 1578.
Indian Mints closed to silver, 1895.
British expedition to China arrived, 1840, Openings of a section of the Shanghai and Woo
Sung Railway, 1976. Flooding of the Takasiun
Takasiuna cod múines, 1891.
THE CALENDAR FOR 1903
JULY-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st
15th
.5h. 33m.
6h. 39m.
1901
1902
5h. 38m.
6h. 31m.
Maximum
.89.7
92.2
Minimum
.76.2 74.0
MOON'S PHASES
Mean
82.2 $1.8
xliii
d. h.
In.
First Quarter
או
A.M.
BAROMETER, 1902
Full Moon
10 I
49
A.M.
Mean......
.......29.71
Last Quarter
18
3
30
A.M.
New Moon
24
8
#2
P.M.
First Quarter 31
3
21
P.M.
1901 5.585 inches
RAINFALL
1902
16.260 inches
Þusor Days of
Int. & 6
1
WEEK
MONTH
MOONS
}}}.
1
Thur.
10
Frid.
Sat.
0
10
SHA.
Mon. Tues
උපස 1 ය පා
11
2 - 13192
14
15
Wed. Thur.
Frid.
10
16
St.
11
17
Sum.
12
1
Mon.
Tues.
20
1
15
21
13
16
Wed. Thur..
Frid. 17
Sat.
18
19
29
ར འཟླསྐམ་སྨཔ ླབསྶ མི་
23
18
24
SMIT.
19
25
Mon. 20
26
21
27
28
29
2 * * 5* 23** ** * * *a se
Tues. Wel
22
Thur. 23
Frid. 24
Sat.
San.
23
26
Mon. 27
福
Tues. 28
5
} Wed. 29
1
Thur.
Frid.
30
31
INDI-I
CHRONOLOGy of Remarkable EvesTS
Hakolate, Kanagawa, and Nagasaki (Japan) opened to trade, 1857. Two Swedish
missionaries murdered at Sungpu, 1893.
Amoy forts and many junks destroyed by H.M.S. ** Blode," 1840, French Expedition
from the Hoongkiang arrived in Hongkong, 1873.
Steamier "Don Juan" burnt at sen near Philippines; 145 persons perished, 1893, Declaration American Independence, 1776. Telegraph cable laid between Hongkong
and Macao, 1884.
4TH AFTER TRINITY. Tinghal first taken, 1840, Attack on British Embassy at Tokyo, 1861.
Duke of Counnaght's Statue unveiled in Hongkong, 1992
Order of nobility instituted in Japan, 1884.
Canton factories attacked by Chinese, 1846.
First Dutch embassy arrived at Tientsin, 1656.
Portuguese fleet left Mulacea for China, 1522. The Yangtsze blockaded by British
deet, 1840.
Engagement between the f', S. Naval Forces and the Coreans; the Expedition leaves
to await instructions, 1871. Amherst's embassy arrived in China, 1816.
5TH AFTER TRINITY. Foreign Inspectorate of Customs established in Shanghai, 1854.
Suspension of Hongkong Police Officers for accepting bribes, 1897.
First English ship reached China, 1835. French gunboats fired on by Siamese at
Paknani, 1893.
Statue of Paul Bert unveiled at Hanoi, 1800, Tientsin native city captured by Allies,
19.
Shimonoseki forts bombarded by the English, French, and American squadrons, 1973.
Eruption of Bandiai-san volcano, Japan; 500 persons killed, 1888.
British trade with China re-opened, İs42. The King of Cambodia arrived on a visit to
Hongkong, 1872.
Ningpo Joss-house Riots, Shanghai; 15 killed and many wounded, 1808. State of war
between Russia and China on Amur River, 1900,
Terrible earthquake at Manila, 1880. Additional Article to Chefoc Convention signed in
London, 1885, Li Hung-chang passes through Hongkong on his way North, 1900, Üth after TriSITY. Nanking captured by the Imperialists, 1863.
Wreck of the C. M. S. N. Co.'s str. ** Pautalı on Shantung Promontory, 1887. Yellow River burst its banks at Chang-kin, Shantung; great inundation, 1859. Typhoon
in Hongkong, 1902.
Armed attack on Japanese Legation at Seoul, Corea, and eight inmates killed, 1882, British trade prohibited at Canton, 1834. Anglo-Chinese Burmah Convention signed
at Peking, 1888.
66
Kowshing," British steamer, carrying Chinese troops, sunk by Japanese, with loss of about 1,000 lives, 1894. Defeat of British forces at Taku, Admiral Hone wounded, 1859. First visit of Prince Chun, the Emperor's brother, to Hongkong, 1901. 7TH AFTER TRINITY.
Canton opened to British trade, 1843, Terrifle typhoon at Canton, Macao, Hongkong,
and Whampoa ; loss of life estimated at 49,000 persons, 1862.
Nanking re-taken by Imperialist", 1864.
German gunboat ** Iltis" wrecked off Shantung Promontory, all but eleven of the
crew perished, 1886, Outbreak of rebellion at Manila, 18:06.
Severe typhoon at Macao, 180.
Digitized by
Google
Æ
xliv
THE CALENDAR FÖR 1963
AUGUST-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st
.5h. 2011.
6h. 47m.
1901
1902
15th
.5h. zón.
6h. 45m.
Maximum
.92.7
90.6
Minimum
.73.0 74.2
Mean
.80.6 81.8
MOON'S PHASES
d. h.
m.
BAROMETER, 1902
Full Moon
5
00
P.M.
Last Quarter
16
28
P.M.
New Moon
23
57
A.M.
First Quarter 30
40
A.M.
Mean......
.29.74
1901
RAINFALL
1902
14.000 inches
26.505 inches
DAYS OF DAYS OF
WEEK MONTH
6 and 7 Moons
Sat.
9
Sun.
10
Mon.
11
Tues.
12
Wed.
13
"Thur.
14
Frid. 7
15
British Squadron arrived off the Peiho, 1840.
Sat.
16
Sun.
9
17
Mon. 10
18
Tues. 11
19
Wed. 12 Thur. 13
20
21
Frid. 14
22
Sat.
15
23
Sun. 16
Mon.
17
Tues. 18
Wed. 19
Thur. 20
Frid. 21
Sat.
Sun.
22
*995 32
24
25
26
CHRONOLOGY OF REMArsable. EvENTS
Both China and Japan declare war, 1894. Kucheng massiere, 1895.
STH AFTER TRINITY,
Victims of Massacre at Tientsin buried, 1870.
British fleet arrived before Nanking, 1842.
Macartney's Embassy entered Peiho, 1796, Bombardment of Kelingby French, 1884.
Allied March on Peking starts, 1990).
Serious Flood at Tientsin, 1871.
Assassination of Mr. Haber, German Consul, at Hakodate, 1874.
9TH AFTER TRINITY. British troops landed at Nanking, 1842. King Edward VII's
Coronation celebrated at Hongkong, 1902. Sir H. Pottinger arrived at Hongkong, 1841. Destructive typhoon at Foochow, 1888. First public meeting of British merchants in Canton, culled by Lord Napier, who suggest-
ed the establishnient of a Chamber of Commerce, 183.
174 British prisoners executed in Formosa, 1842. Manila occupied by 1.8. Troops,
1898. Toug-ur-ku taken, 1860. House collapse, causing 42 deaths, in Cochrane Street, Hong-
kong, 1901.
Great Fire on French Concession, Shanghai; 991 houses destroyed; loss Tls. 1,500,000, 1879. Total loss of the E. & A. steainer "Catterthun" near Sydney, 1895. Peking Legations rescued, 1900, Murder of Messrs. Bruce and Lowis at Chengchow, Hunan, 1902.
10TH AFTER TRINITY. British trade at Canton stopped by. Hong merchants, 1834. French
Treaty with Siam signed, 1850.
Lord Napier ordered by the Viceroy to leave Canton, 1834. Great fire in Hongkong,
1868. Indian troops landed in Shanghai, 1990.
27
28
First conference between Sir Henry Pottinger and Ki-ying on board the "Cornwallis,
05 Nanking, 1842. Taku forts taken by the Allied forces, 1800,
**
Mon. 24
Tues.
Wed.
Thur. 27
Frid.
Sat.
Sun.
Mon.
31
* ** *** 29.
23
25
British Chamber of Commerce established at Canton, 1834
Treaty between Great Britain
and Japan signed, 1858.
26
British left Macao, 1839.
28
Amoy taken by the English, 296 guns captured, 1841. Lord Amherst's Embassy left for Ynen-ming-yuen, 1816.
possessions, 1833. Kimpai forts silenced by French, 1884. Treaty of Nanking signed, 1842.
Slavery abolished in British
30
12TH AFTER TRINITY. Wreck of "Futami Maru" off Cape Calavite, 1900.
Severe typhoon on coast of China, muy lives løst, and much damage done to shipping
at Hengkong, Macao, and Whampoa, 1848 by
Oogle
Emperor Hien Fung died, 1861. Palace Revolution at Peking, Empress Dowager again
assumes the Regency, 1898,
Governor Amaral (Macao) assassinated. 1849. Ma, Viceroy of Nanking, stabbed, 1870, Seizure of steamer "Spark" by pirates between Canton and Macao, 1874. Telegraph line to Peking opened, 1884.
11TH AFTER TRINITY. Large meeting in Hongkong to protest against the military con-
tribution, 1864. Chinese fleet at Pagoda Anchorage destroyed by Frouch, 1954. Wreck of the ('. N. CoN, SET. Tientsin near Swałów, 1887. Disturbances at Amoy ;
Japanese landed marines, 1900,
THE CALENDAR FOR 1903
SEPTEMBER-30 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st
..5h. 44m.
6h. 16m.
1901 1902
15th
.äh. 48m.
6h. 02m.
Maximum
.90.8
91.2
Minimum
.73.5
69.6
Mean
.80.3 80.8
MOON'S PHASES
xlv
d.
h.
m.
BAROMETER, 1902
Full Moon
7 8
26
A.M.
Mean
.29.88
Last Quarter 14
9
20
P.M.
New Moon
21
0
37
P.M.
14
P.M.
1901 3.890 inches
RAINFALL
1902
0.635 inches
First Quarter 28
bus or ¡Days or 7 miyi 8 WEEK MONTH - Mooss
CHRONOLOGY OF REMArkable EvENTS.
Ma, Viceroy of Nanking, died of the wounds inflicted by an assassin, 1870, Foundation
stone of Gap Rock lighthouse, near Hongkong, laid, 1800,
..
Vega" at Yokohanta, after having discovered the North-East Passage, 1879. Kiaochau declared a free port, 1898.
Tues.
10
Well.
•
11
Arrival of the
12
13
Thur. Frid.
345
Hongkong Plague proclamation revoked, 1804.
14 | Attack on the forts at Shimonoseki, Japan, by the allied flects under Admiral Kuper, 1864.
Death of Two Tsung-tang at Foochow, 188).
Sat.
Sun.
6
15
Mon.
16
Tues.
17
Wed.
9
18
Thur. 10
19
Frid.
11
#
1*40
!
OFK2
20
23
13TH AFTER TRINITY, H.R.H. Prince Alfred received by the Mikado of Japan, 184. Imperial Court left Hsianfu ou the way to Peking, 191. Assassination of Mr. McKinley, President of the U.S.A.. 1901. Sir James Mackay's Treaty with China signed, 1902. Attack on Dr. Greig, near Kirin, by soldiers, 1891.
Grent typhoon in Hongkong, 1867.
Sir Hercules Robinson assumed the government of Hongkong, 1859.
Riot by Chinese mob at Canton; great destruction of houses and property on Shamein,
1883. British gunboat · Wasp
left Singapore for Hongkong and seen no more,
1887. Public meeting of foreign
Treaty with Japan, 1890,
..
residents at Yokohama to protest against proposed new
14TH AFTER TRINITY. Convention signed at Chefoo by Sir Thomas Wadle and Li Hunge
chang, 1876.
Public Meeting in Hongkong, with reference to the blockade of the port by the Chinese
Customs' cruisers, 1874. Severe typhoon in Southern Japan, 1891.
24
Chinese transport ** Waylee" driven ashore on Pescadores; upwards of 370 lives lost, 18887.
Pingyang cuptured by the Japanese, 1891.
25
26
* 3 * ** * *-~~
- *** * 91 % 2838 a
New Convention between Germany und China ratified at Peking, 1881.
The battle of the Yalu, in which the Chinese were defeated by the Japanese, losing five
vessels, 1804.
Destruction by fire of the Temple of Heaven, Peking, 189, Loss in Kil Channel, near Kobe, of the Turkish trigate "* Ertogrul." with 547 lives, 1890. Count von Waldersce,
Allied Generalissimo, reached Hongkong, 1900,
19
28
Riots at Kunnchuk, Kwangtung, 18*,
20
29
15TH AFTER TRINITY.
Sat.
Sua.
12
13
Mun. 14
Tues.
15
Wed. 16
Thur. 17
Fril 18
bat,
SHM.
MONL
Tues
Wed.
Thur.
Frid
Sat.
Sud.
Wor
Turt
Word.
24
25
26
6
27
R
* **** *
30
10
Count von Waldersee reached Shanghai, 190,
Typhoon at Swatow, 1801.
U. 8. brig "Lubra taken by pirates, 1866. Terrific typhoon in Hongkoug and Macao,
many thousands of lives lost, 1874.
H.M.S. **Rattler" lost off Japan, 1888, Piratical attack on the German barque ** Apenrade." near Macao, 1969, 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, 0.c.M,0,, Governor of Hongkong, 1808. Lont Napier anived at Macno dangerously ill, 1834.
1671 AFTER TRINITY. Commissioner Lin degraded, 1940,
Yellow River burst its banks in Honan; calamitous inundation, 1887. Death of Hon.
Stewart, Colonial Secretary, at Hongkong, 1989).
Michaelmas Day. Hurricane at Manila, causing immense damage to shipping, 195.
All the Bogue forts destroyed by the British fleet, 18447-
Digitized by
Google
xlvi
THE CALENDAR FOR 1993
OCTOBER-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st
...................5h. 53m.
3h. 47m.
1901
1902
15th............5h. 58m.
5h. 34m.
Maximum..
.91.4
86.3.
Minimum
.455.3
65.4
Mean
77.4
76.7
Mooy's PHASES
L
h.
in.
Full Moon
6
11
30
P.M.
Last Quarter
4
02
A.M.
New Moon
20
36
P.M.
First Quarter
28
38
P.M.
BAROMETER, 1902
Mean.................
.30.08
1901
RAISTALL
1902
2.505 inches
0.935 inches
DAYS OF DAYS OF 8&9
09.19
- 1
Moons
11
J2 13
= 22 14S
WEEK MONTH
Thur.
1
Frid.
Sat.
Sun.
Mon.
13
Tues.
16
}}}.
17
Thur. 8
18
Frid.
9
19
Sat.
20
Sun.
Mon.
Tues.
Wed.
Thur.
Frid.
Sat.
Sun.
1
Mon.
10
21
12
22
23
14
16
17
***N* * ** * 3
24
25
26
27
28
The
CHRONOLOGY of Remarkable EventS
Hongkong Daily Press" started, 1837. 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,
1893. Withdrawal of British steamers from West River, 1900,
1TH AFIR TRINITY. Attack on foreigffers at Wenchow, 1884. Terrible Fire at Amoy, 1902. Typhoon at Hongkong, 1894.
French expedition left Chefoo for Coren, 1846.
Arrival in Hongkong of Governor Sir
William Des Voeux, K.C.M.G., 1887. Lin Kung-yi, Viceoy of the Liaug-kiang, died at Nanking, 1902.
H.R.H. Prince Alfred visited Peking, but not received by the Emperor, 1869. Great public meeting at Hongkong to consider increase of crime in Colony, 1878. Chinese Court left Kaifengfu on its way to Peking. 1903.
Supplementary Treaty signed at the Bogue, 1848, French landing party at Tameui
repulsed, 1884. Death of Lady Robinson, wife of the Governor of Hongkong, 1894. Shanghai captured, 1841. Chínhai taken, 1841. Official inspection of Tientsin-Kaiping Railway, 188, Wreek off the Pescadores of the Norwegian str. "Normand," with loss -ot all on board except two, 1892,
Lord Napier died at Macao, 1834. Wreck off the l'escadores of the P, & O. str." Bokhara,"
with loss of 125 lives, 1892.
18TH AFTER TRINITY. The first Chinese merchant steamer (the "Meifoo") left Hongkong
for London with passengers to establish a Chinese flrin there, 1881. Revolt in the Philippines, 1872.
Ningpo occupied by British forces, 1841. First railway in Japan officially opened by
the Mikado, 1872. Allies capture Paotingfu.
Flora Temple" lost in the China Sea, with upwards of 800 coolies on board, 1859.
Explosion on the Chinese trooper "Kungpai," loss of 300 lives, 1505.
Khanghoa, in Corea, taken by the French, 1866,
S. John's Cathedral, Hongkong, dedicated, 1842. During piracy on board the British
str. ** Greyhound, 188. Tuo Mu, Viceroy at Canton, died, 1902,
19TH AFTER TRINITY, "At a meeting of the Chartered Mercantile Bank of India, London
and China, a scheme of reconstruction was approved, 1892.
29
I
Great fire in Hongkong, 1859. Great typhoon at Formosa, 1881. Terrific typhoon at Manila; enormous damage to property, 1882.
રે
22
3
2 = 23 1 290 2 285 % 8 19 153 38 3
Tues.
19
20
Wed. 21
Thur.
Fridl. 23
Sat.
Sen.
24
225
27
Mon. Tues. Wed. 28
}
;
Thur. 29
Frid. 30
Sat.
31
183
2 = 2
10
The Shanghai and Woosung riflway closed by the Chinese Government, 1877.
H.R.H. Prince Alfred arrived at Shanghai, 1869. Cosmopolitan Dock opened, 1875,
Death, at Saigon, of M. Filippini, Governor of Cochin-China, 1887.
ās piratival vessels destroyed by Captains Hay and Wilcox, H.M. ships "Columbine
and " Fury," 1849.
The Japanese cross the Valn, 184.
TH AFTER TRINITY. Treaty of Whampoa between France and China signed, 1844. Kabding recaptured by the Allies, 1862. Sir Clande Macdonald leaves Peking, ancceeded by Sir E. Satów, 1900,
Chin-lien-cheng taken by the Japanese, 1894.
Serious earthquake in Central Japan, 7,500 persous killed, 1891. Attempted insurrvo-
tion at Canton, 1895,
Portuguese frigate ** D, Maria 11." blown up at Macao, 1830.
Great fire in Hongkong, 1968. Fenghuang taken by the Japanese, 1894.
H.R.H. Prince Alfred arrived at Hongkong, 1969. Talienwan and Kinchow taken by
the Japanese, 1994,
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THE CALENDAR FOR 1903
NOVEMBER-30 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st
..6h. - 6m.
5h. 22m.
1901 1:2
15th............6h. 14m.
5h. 16m.
Maximum
.82.2 80.1
Minimum
.59.6 62.8
Mean
.69.5
71.5
MOON'S PHASES
1. h.
m.
BAROMETER, 1902
Full Moon
5
1
33
P.M.
Mean..........
.30.11
Last Quarter
12
10
52
A.M.
New Moon
19
1
16
P.M.
First Quarter 27
1
43
P.M.
1901 0.770 inches
RAINFALL
1902
5.400
Datang Days of 9 and 10
#KER
MONTI
Moo
Sky.
1
13
Mon.
14
Tues.
15
Wadi.
16
Thur.
17
Frid.
18
Nit.
19
Sen. Mon.
20
Tues. 10
WAL 11
Taur.
Frid.
Sat.
SPR.
Mon.
Toes. | 17
Wed
Thur.
Fri.
21
bat.
Sun.
Mon.
23
Tues. 24
Wed.
25
Thur. 26 Frid. 27
>
Mon.
21 232 2 2 2 - - ***** 3 * 5% R &
22
23
12
24
13
25
14
26
I
27
16
28
29
18
30
19
1
20
9
28
10
29
11
30
12
xlvii
i
I
CHRONOLOGy of Remarkable EveNTS
21st after Tristy. The port of Quinhon, Annam, opened to foreign trade, 1866. Death
of Alexander III, Czar of Russia, 1894. Wreck of the U.S. cruiser Charleston
off North Luzon.
Great Britain commucneed the first war with China by the Naval aetien of Charm-pee.
18339.
Hongkong Jockey Club formed, 1884.
i Great fire at Macao, 5061 houses burnt, 1884. Peking evacuated by the Allies, 1860,
English and French Treaties promulgated in the "Peking Gazette," 1800.
Death of Li Hung-chang, 1901.
22ND AFTER TRINITY.
Prince of Wales born, 1841. The French repulsed in Corea, 1866. Celebration of the Queen's Jubilee in Hongkong, 198987. Typhoon at Hongkong, 1900, H.M.S. **Satalpiper" and ** Canton City sunk,
Statue of Sir Arthur Kennedy unveiled in the Botanic Gardens, Hongkong, 1887.
H.M.S. ** Racehorse wrecked off Chefoo in 1864. Death of M. Paul Bert, Rezident
General of Annam and Tonkin, 1996, New Chinese Tariff came into force, 1901. Hongkong first lighted by gas, 1964. The Foreign Ministers had audience within
the Palace, Peking, 1894,
Earthquake at Shanghai, 1847.
Convention signed between Russia and China, 1960. Celebration of Shanghai Jubilee,
1883. Gerumus took possession of Kinochan Bay, 1897.
23rd after TRINITY, HM, gunboat "Għat" lost on the Palawan, 1868, Destruction of
the str. "Wah Yeung" by fire in the Canton river; upwards of 400 lives lost, 1887.
Shanghai opened to foreign commerce, 1843, Celcbration of Shanghai Jubilee, 1893.
Great Fire in Hongkong, 1847.
Terrific gunpowder explosión at Amoy ; upwards of 800 houses destroyed and
several hundred lives lost, 1887.
Portuguese Custom House at Macao closed, 1845, Lord Elgin died, 1863.
Major Hallwin and Lient. Bird, of H.M.'s 20th Regt., murdered in Japan, 1864. Port
Árthur taken by the Japanese, 1844,
24th after TRINITY. Terrible boiler explosion on board the steamer "Yesso" in Hong-
kong harbour, 86 lives lost, 1877.
Arrival of the Princes Albert Victor and George of Wales in the "Bacchante" at
Woosung, 1881.
Capture of Amping. Formosa, 1848. Treaty between Portugal and China signed, 1××7,
and Imperial Diet of Japan met for the first time, 1890,
Ediet issued by the Viceroy of Canton forbidding trade with British ships, 1839.
M. Thiers accepts the apology of Ch'ung How, the Chinese Ambassador, for the murder
of the French at Tientsin (June 21st, 1870), 1871.
Foreign factories burnt at Cantou: 1906, Great Are in Hongkong, 1967.
Hongkong, opened 1900,
Blake Pier,
1
ADVENT SUNDAY. Murder of captain and four men of the British_barque "Crofton," near Ku-lan, 1869. Opening of the Japanese Diet at Tokyo by the Emperor in person, iski, 8. Andrew's Day, 8. Joseph's Church, Hongkong, consecrated 1872. The Japane→
cruiser **Chishima Kan" sunk in collision with the P. & 0,, steamer "Ravenna in the Inland Sea, 61 lives lost, 1892.
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xlviii
THE CALENDAR FOR 1963
DECEMBER-31 DAYS
SUNRISE
SUNSET
HONGKONG TEMPERATURE
1st
.6h. 25m.
Sh. B3n..
1901
19022
15th........ ..6h. 34m.
sh. 17m.
Maximum.
.74.7
76.9
Minimum
48.4 51.1
Mean
.61.6 64.6
MOON'S PHASES
First Quarter 27
DAYS OF DAYS OF Brand 11:
MONTH Mouns
'd. h.
TU.
Full Moon
2
19
A.M.
Last Quarter
11
6
39
P.M.
New Moon
19
32
A.M.
10
A.M.
BAROMETER, 19022
Mean......
30.11
1901 0,835 inches
RAINFALL
1902
2.965
CHRONOLOgy of Remarkable. Evests
2ND IN AÐVEN1. Confucius died, B.C. 4990.
19
20
21
Thur.
10
22
Frid.
11
www
23
Sat.
12
Sun. 13
25
3RD 15 ADVEST,
Mon. 14
Tues. 15
First vensis of Hougkong taken, population 15,000, 19441.
WIEW
1
Tues.
13
Wed.
14
S. Francis Xavier died on Sandoan, 1552.
Thur.
15
Frid.
16
Sat.
17
Mon.
Tues. Wed.
אן
14
"Six foreigners killed at Wang-hub-ki, 1×47. Soochow re-taken by the Imperialist m under General Gordon, 1963. - Tu: Japanese warship I'nebi-kan left Singapore alik not heard of again, 1986,
European factories at Canton destroyed by a mob, 1842.
1988.
Ningpo captured by the Taipings, 1961. Consecration of new Pei-tang Cathedral, Peking,
Piracy on board the Donglas str. ** Numon," five hours after leaving Hongkong :
Captain Pocock and three others murderest and several seriously wounded, Istan Arrival in Hongkong of Governor Sir William Robinson, ISUT,
Indemnity paid by Prince Satsuma, 1862. Admiral Bell, U.S.N., drowned at Osaka,
1867.
Imperial Decree stating that the Foreign Ministers at Péking are to be received ty
audience every New Year, 1stky
French flag hauled down fivo di Consulate at Canton by Chinese, 1xz. Reception of foreign ladies by the Empres- Dowager of China, Istis.
All Roman Catholic Priests (not Portuguese) expelled from Macao, 183R,
}}]. 16
Thur. 17
29
The P. M. 8. 8. Co.'s steamer
Chinese drowned, 1874.
•Japun" burnt, 1 Karopean passenger, The cook, and aso
Frid. 18
30
Sat.
19
Num.
20
Mon.
Tues.
Wed.
Thur.
Frid.
Sat.
Sun. 27
Mon.
Tues. 29 Wed. 30
Thur 31
NS*** 5 1 322
25
26
9
11
B
CR=
12
Sir Hugh Gongh and the Easter Expedition left China, 1842.
"
4TH IN ADVENT, Arrival of Prinos Albert Victor and George of Wales at Hongkong in tha
Barelante," 1891. Twiecotton mills destroyed by fire at Osaka, 120 persons to death, 1893,
Stram navigation first attempted, 17:15.
Two Mandarins arrived at Macao with secret orders to watch th
Plenipotentiary Elliot, 1886.
British Consulate at Shanghai destroyed by fire, 1870,
Christmas Day, Great Fire in Hongkong : 365 houses destroyed, immense destruction
of property. 1878.
Grent fire at Tokyo, 11,000 houses destroyed, 264 lives lost, 1997. The C. N. Company's
Strum:P ** Shanghai " destroyed by fire on the Yangtz 2, over 300 lives lost,
197 AFTER CHRISTMAS, Dedication of Hongkong Masonic Hall, 1865,
10 Canton bombarded by Allel fares of Giagaz Britain and Prine, 1557,
burn:
MOVE THAT "
of
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CHINESE FESTIVALS AND OBSERVANCES IN 1903
Yam-yan
Year.
xlix
193.
ཟླ
Jan. XII. Moon.
6
18
H 20
~ 8
23
24
Kwai-Mau
Great Buddhistic Festival.
Festival of Lu Pàn, the patron saint of carpenters and masons. He is said to have been a contemporary of Confucius. Among the many stories related of his ingenuity, it is said that, on account of his father having been put to death by the men of Wu, he carved the effigy of one of the genii with one of its hands stretched towards Wu, when, in consequence, drought prevailed for three years. On being supplicated and presented with gifts from Wu, he cut off the hand, and in immediately fell. On this day carpenters refuse to work.
The Great Cold. Worship of the god of the hearth at nightfall. The god of the hearth reports to heaven.
Year
I. Moon,
29
1
Chinese New Year's Day.
Feb.
10
15
16
ท
Mar.
1
$2 12
April.
འ
12
& **
II. Moon.
1
සය
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.
13 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 Tsze, founder of Tauism, B.C. 604.
15
17
III. Moon.
3
15
18
EXEN 60 61 6
23
26
28
IV. Moon.
Fête of Kwanyin, goddess of mercy.
Fête of Hiuen T'ien Shang-ti, the supreme ruler of the Sombre heavens
and of Peh-te, Tauist god of the North Pole.
Tsing Ming, or Tomb Festival.
Fête of I-ling, a deified physician, and of the god of the Sombre Altar, wor-
shipped on behalf of sick children.
Fête of Heu Tu, the goddess worshipped behind graves; of the god of the
Central mountain, and of the three brothers.
Fête of Tien Heu, Queen of Heaven, Holy mother, goddess of sailors. Fête of Tsz Sun, goddess of progeny.
National Festival of Ts'ang Kieh, inventor of writing.
Fête of the Bodhisattva Mandjushri; worshipped on behalf of the dead.
Fête of San Kai, ruler of heavon, of earth, and of hades ; also a fête of Buddha. Fête of the dragon spirits of the ground.
30
4
May.
8
10
14
17
Fête of Lü Sien, Tauist patriarch, worshipped by barbers. Fête of Kin Hwa, the Cantonese goddess of parturition.
20
28
24
**
M44
June.
6
V. Moon.
1
5
==
11
18
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 Minister Wat Uen, drowned himself about B.C. 500.
National fête of Sheng Wang, the tutelary god of walled towns. National fête of Kwân Ti, god of war, and of his son General Kwan.
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1
June 11
V. Moon.
16
CHINESE FESTIVALS AND OBSERVANCES IN 1903
Aug. VI. Moon.
5
11
16
23
13
19
24
VII. Moon
1
29
7
Sept.
6
15
9
18
11
1000 2
20
18
22
16
25
20
21
22
29
VIII. Moon.
1
2
3
Oct.
15
25
*N & SEGANN
27
IX. Moon.
1
9
11
Nov.
15
16
17
6
18
16
21
Dec.
3
22
22
28
X. Moon.
3
15
XI. Moon.
24
6
Fête of Chang Tao-ling (A.D. 34), ancient head of the Tauist sect. His de- scendants still continue to claim the headship. It is said "the succes- sion is perpetuated by the transmigration of the soul of each successor of Chang Tao-ling, on his decease, to the body of some youthful member of the family, whose heirship is supernaturally revealed as soon as the miracle is effected." Fête of Shakyamuni Buddha, the founder of Buddhism.
Fête of Lu Pan, the god of carpenters and masons.
Fête of the goddess of mercy.
Anniversary of Kwán Ti's ascent to heaven. Fête of Chuh Yung, the spirit
of fire; and of the god of thunder.
First day of the seventh moon. During this moon is held the festival of all souls, when Buddhist and Tauist priests read masses to release souls from purgatory, scatter rice to feed starving ghosts, recite magic incantations accompanied by finger play imitating mystic Sanskrit characters which are supposed to comfort souls in purgatory, burn paper clothes for the benefit of the souls of the drowned, and visit family shrines to pray on behalf of the deceased members of the family. Exhibitions of groups of statuettes, dwarf plants, silk festoons, and ancestral tablets are com- bined with these ceremonies, which are enlivened by music and fireworks. Fête day of Lao Tszu, the founder of Tauisın.
Fête of the god of Ursa Major, worshipped by scholars, and of the seven
goddesses of the Pleiades, worshipped by women.
Fête of Chung Yuen, god of the element earth.
Fête of the three gods of heaven, of earth, and of water, and of the five
attendant sacrificial spirits.
Fête of Chang Fi, A.D. 220. A leader of the wars during the Three King- doms. He is said have been at first a butcher and wine seller. 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 Ts'ang-wang, the patron of departed spirits.
Fête of Hü Sun, & deified physician, worshipped by doctors, and of Kin
Kiah (god of the golden armour) worshipped by the literati. Fête of the gods of land and grain.
Descent of the star god of the northern measure, and fête of the god of the hearth.
National fête day. Worship of the moon, and Feast of Lanterns. Fête of the god of the Sun.
Fête of Confucius (born 551 B.C.), the founder of Chinese ethics and politics.
Descent of the Star gods of the northern and southern measures from
the 1st to the 9th day inclusive.
Fête of Kwan Ti, the god of war; kite-flying day. Fête of Tung, a ruler in Hades. Fête of Yen Hwui, the favourite disciple of Confucius.
National fête of Chu Hi (A.D. 1130-1200), the most eminent of the later Chinese philosophers whose commentaries on the Chinese classics have formed for centuries the recognized standard of orthodoxy.
Fête of the god of the loom.
Futes 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 Sheng, 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 Tanist pantheon.
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 resi·le 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 Britannic Majesty's Superintendent and sub- 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-Hỏng), 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 r. side, 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*
NANKING TREATY, 1842
to British subjects by some of the said Hong merchants, or Co-Hong, who have become insolvent, and who owe very large sums of money to subjects of Her Britannic Majesty.
Art. VI.-The Government of Her Britannic Majesty having been obliged to send out an expedition to demand and obtain redress for the violent and unjust proceedings of the Chinese high authorities towards Her Britannic Majesty's officers and subjects, the Emperor of China agrees to pay the sum of twelve millions of dollars, on account of expenses incurred; and Her Britannic Majesty's plenipotentiary voluntarily agrees, on behalf of Her Majesty, to deduct from the said amount of twelve millions of dollars, any sums which may have been received by Her Majesty's combined forces, as ransom for cities and towns in China, subsequent to the 1st day of August, 1841.
Art. VII.-It is agreed that the total amount of twenty-one millions of dollars, described in the three preceding articles, shall be paid as follows :-
Six millions immediately.
Six millions in 1848; 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 shall not exceed · per cent. on the tariff value of such goods.
Art. XI-It is agreed that Her Britannic Majesty's chief high officer in China shall correspond with the Chinese high officers, both at the capital and in the provinces, under the term "communication;" the subordinate British officers and Chinese high officers in the provinces under the term "statement," on the part of the former, and on the part of the latter, " 'declaration," and the subordinates of both countries on a footing of perfect equality; merchants and others not holding official situations, and therefore not included in the above, on both sides for use the term "representation in all papers addressed to, or intended for, the notice of the respective Govern-
ments.
11
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 Fear of Taou Kwang.
HENRY POTTINGER,
Her Majesty's Plenipotentiary.
And signed by the seals of four Chinese Commissioners.
TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA
SIGNED, IN THE ENGLISH AND CHINESE LANGUAGES, at TIENTSIN, 26TH JUNE, 1858
Ratifications exchanged at Peking, 24th October, 1860
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of China, being desirous to put an end to the existing misunderstanding between the two countries and to place their relations on a more satisfactory footing in future, have resolved to proceed to a revision and improvement of the Treaties existing between them; and, for that purpose, have named as their Plenipotentiaries, that is to say:-
Her Majesty the Queen of Great Britain and Ireland, the Right Honourable the Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the Most Ancient and Most Noble Order of the Thistle;
And His Majesty the Emperor of China, the High Commissioner Kweiliang, a Senior Chief Secretary of State, styled of the East Cabinet, Captain-General of the Plain White Banner of the Manchu Banner Force, Superintendent-General of the Administration of Criminal Law; and Hwashana, one of His Imperial Majesty's Expositors of the Classics, Manchu President of the office for the regulation of the Civil Establishment, Captain-General of the Bordered Blue Bauner of the Chinese Banner Force, and Visitor of the Office of Interpretation:
Who after having communicated to each other their respective full powers, and found them to be in good and due form, have agreed upon and concluded the following Articles:
Art. I. The treaty of Peace and Amity between the two nations signed at Nanking on the twenty-ninth day of August, in the year eighteen hundred and forty- two, is hereby renewed and confirmed.
The Supplementary Treaty and General Regulations of Trade having been am-uded 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.
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Art. III.-His Majesty the Emperor of China hereby agrees that the Ambassador, Minister, or other Diplomatic Agent, so appointed by Her Majesty the Queen of Great Britain, may reside, with his family and establishment, permanently at the capital, or may visit it occasionally at the option of the British Government. He shall not be called upon to perform any ceremony derogatory to him as representing the Sovereign of an independent nation on a footing of equality with that of China. On the other hand, he shall use the same forms of ceremony and respect to His Majesty the Emperor as are employed by the 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-ccast 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 cousent 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.
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 anthorities. 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 he must not be subject to any ill-usage in excess of necessary restraint. No passport need be applied for by persons going on excursions from the ports open to trade to a distance not exceeding 100 li, and for a period not exceeding five days.
The provisions of this Article do not apply to crews of ships, for the due restraint of whom regulations will be drawn up by the Consul and the local authorities.
To Nanking, and other cities, disturbed by persons in arms against the Govern- ment, no pass shall be given, until they shall have been recaptured.
Art. X.-British merchant ships shall have authority to trade upon the Great River (Yangtsze). The Upper and Lower Valley of the river being, however, listurbed by outlaws, no port shall be for the present opened to trade, with the cxception of Chinkiang, which shall be opened in a year from the date of the signing 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 Day frequent the cities and ports of Newchwaug, 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 proved 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
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Art. XVIII.-The Chinese authorities shall at all times afford the fullest protection to the persons and property of British subjects, whenever these shall have been subjected to insult or violence. In all cases of incendiarism or robbery, the local authorities shall at once take the necessary steps for the recovery of the stolen property, the suppression of disorder, and the arrest of the guilty parties, whom they will punish according to law.
Art. XIX.-If any British merchant-vessel, while within Chinese waters, be plundered by robbers or pirates, it shall be the duty of the Chinese authorities to use every endeavour to capture and punish the said robbers or pirates and to recover the stolen property, that it may be handed over to the Consul for restoration to the
owner.
Art. XX.-If any British vessel be at any time wrecked or stranded on the coast of China, or be compelled to take refuge in any port within the dominions of the Emperor of China, the Chinese authorities, on being apprised of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment and shall be furnished, if necessary, with the means of conveyance to the nearest Consular station.
Art. XXI--If criminals, subjects of China, shall take refuge in Hongkong or on board the British ships there, they shall, upon due requisition by the Chinese authorities, be searched for, and, on proof of their guilt, be delivered up.
In like manuer, 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 Le deputed on behalf of the British Government, to consider its revision together, so that the tariff, as revised, may come into operation immediately after the ratification of this Treaty.
Art. XXVII.-It is agreed that either of the high contracting parties to this Treaty may demand a further revision of the tariff, and of the Commercial Articles of this Treaty, at the end of ten years; but if no demand be made on either side within six months after the end of the first ten years, then the tariff shall remain in force for ten years more, reckoned from the end of the preceding ten years, and so it shall be at the end of each successive ten years.
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Art. XXVIII-Whereas it was agreed in Article X. of the Treaty of Nanking that British imports, having paid the tariff duties, should be conveyed into the interior, free of all further charges, except a transit duty, the amount whereof was not to exceed a certain percentage on tariff value; and whereas, no accurate information having been furnished of the amount of such duty, British merchants have constantly complained that charges are suddenly and arbitrarily imposed by the provincial authorities as transit duties upon produce on its way to the foreign market, and on imports on their way into the interior, to the detriment of trade; it is agreed that within four months from the signing of this Treaty, at all ports now open to British trade, and within a similar period at all ports that may hereafter be opened, the authority appointed to superintend the collection of duties shall be obliged, upon application of the Consul, to declare the amount of duties leviable on produce between the place of production and the port of shipment, upon imports between the Consular port in question and the inland markets named by the Consul; and that a notification thereof shall be published in English and Chinese for general information.
But it shall be at the option of any British subject desiring to convey produce purchased inland to a port, or to convey imports from a port to an inland market, to clear his goods of all transit duties, by payment of a single charge. The amount of this charge shall be leviable on exports at the first barrier they may have to pass, or, on imports, at the port at which they are landed; and on payment thereof a certificate shall be issued, which shall exempt the goods from all further inland charges whatsoever.
It is further agreed that the amount of the charge shall be calculated, as nearly as possible, at the rate of two and a half per cent. ad valorem, and that it shall be fixed for each article at the conference to be held at Shanghai for the revision of the tariff.
It is distinctly understood that the payment of transit dues, by commutation or otherwise, shall in no way affect the tariff duties on imports or exports, which will continue to be levied separately and in full.
Art. XXIX.-British merchant vessels, of more than one hundred and fifty tons burden, shall be charged tonnage-dues at the rate of four mace per ton; if of one hundred and fifty tons and under, they shall be charged at the rate of one mace per ton.
Any vessel clearing from any of the open ports of China for any other of the open ports, or for Hongkong, shall be entitled, on application of the master, to a special certificate from the Customs, on exhibition of which she shall be exempted from all further payment of tonnage dues in any open ports of China, for a period of four months, to be reckoned from the port-clearance.
Art. XXX. The master of any British merchant-vessel may, within forty-eight hours after the arrival of his vessel, but not later, decide to depart without breaking bulk, in which case he 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
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Art. XXXV.--Any British merchant vessel arriving at one of the open ports shall be at liberty to engage the services of a pilot to take her into port. In like manner, after she has discharged all legal dues and duties and is ready to take her departure, she shall be allowed to select a pilot to conduct her out of port.
Art. XXXVI.-Whenever a British merchant vessel shall arrive off one of the open ports, the Superintendent of Customs shall depute one or more Customs officers to guard the ship. They shall either live in a boat of their owu, or stay on board the ship, as may best suit their convenience. Their food and expenses shall be supplied them from the Custom-house, and they shall not be entitled to any fees whatever from the master or consignee. Should they violate this regulation, they shall be punished proportionately to the amount exacted.
Art. XXXVII.-Within twenty-four hours after arrival, the ship's papers, bills of lading, &c., shall be lodged in the hands of the Consul, who will within a further period of twenty-four hours report to the Superintendent of Customs the name of the ship, her register tonnage, and the nature of her cargo. If, owing to neglect on the part of the master, the above rule is not complied with within forty-eight hours after the ship's arrival, he shall be liable to a fine of fifty taels for every day's delay; the total amount of penalty, however, shall not exceed two hundred taels.
For
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. presenting a false manifest, he will subject himself to a fine of five hundred taels; but he will be allowed to correct, within twenty-four hours after delivery of it to the customs officers, any mistake he may discover in his manifest without incurring this penalty.
Art. XXXVIII.-After receiving from the Consul the report in due form, the Superintendent of Customs shall grant the vessel a permit to open hatches. If the master shall open hatches, and begin to discharge any goods without such permission, he shall be fined five hundred taels, and the goods discharged shall be confiscated wholly.
Art. XXXIX.-Any British merchant who has cargo to land or ship must apply to the Superintendent of Customs for a special permit. Cargo landed or shipped without such permit will be liable to confiscation.
Art. XL-No transhipment from one vessel to another can be made without special permission, 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 ship's 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 Le assumed as the value of the goods.
Art. XLIII.-Duties shall be charged upon the net weight of each article, making a deduction for the tare, weight of congee, &c. To fix the tare of any articles, such as tea, if the British merchant cannot agree with the Custom-house officer, then each party shall choose so many chests out of every hundred, which being first weighed in gross, shall afterwards be tared, and the average tare upon these chests shall be assumed as the tare upon the whole; and upon this principle shall the tare be fixed upon other goods and packages. If there should be any other points in dispute which cannot be settled, the British merchant may appeal to his Consul, who will communicate the particulars of the case to the Superintendent of Customs, that it may be equitably arranged. But the appeal must be made within twenty-four' hours or it will not be attended to. While such points are still unsettled, the Superintendent of Customs shall postpone the insertion of the same in his books.
Art. XLIV. Upon all damaged goods a fair reduction of duty shall be allowed, proportionate to their deterioration. If any disputes arise, they shall be settled in the manner pointed out in the clause of this Treaty having reference to articles which pay duty ad valorem.
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Art. XLV.-British merchants who may have imported merchandise into any of the open ports, and paid the duty thereon, if they desire to re-export the same, shall be entitled to make application to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made by suitable officers, to see that the duties paid on such goods, as entered in the Custom-house books, correspond with the representation made, and that the goods remain with their original marks unchanged. He shall then make a memorandum of the port-clearance of the goods, and of the amount of duties paid, and deliver the same to the merchant, and shall also certify the facts to the officers of Customs of the other ports. All which being done, on the arrival in port of the vessel in which the goods are laden, every- thing being found on examination there to correspond, she shall be permitted to break 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 even any fraud on the revenue in the case, then the goods shall be subject to confiscation by the Chinese Government.
British merchants desiring to re-export duty-paid imports to a foreign country shall be entitled, on complying with the same conditions as in the case of re-exporta- tion to another port in China, to a drawback certificate, which shall be a valid tender to the Customs in payment of import or export duties.
Foreign grain brought into any port of China in a British ship, if no part thereof has been landed, may be re-exported without hindrance.
Art. XLVI.-The Chinese authorities at each port shall adopt the means they may judge most proper to prevent the revenue suffering from fraud or smuggling.
Art. XLVII.-British merchant-vessels are not entitled to resort to other than the ports of trade declared open by this Treaty; they are not unlawfully to enter other ports in China, or to carry on clandestine trade along the coast thereof. Any vessel violating this provision shall, with her cargo, be subject to confiscation by the Chinese Government.
Art. XLVIII.-If any British merchant-vessel be concerned in smuggling, the goods, whatever their value or nature, shall be subject to confiscation by the Chinese authorities, and the ship may be prohibited from trading further, and sent away as soon as her account shall have been adjusted and paid.
Art. XLIX. All penalties enforced, or confiscations made, under this Treaty shall belong and be appropriated to the public service of the Government of China.
Art. L.-All official communications, addressed by the Diplomatic and Consular Agent of Her Majesty the Queen to the Chinese Authorities, shall, henceforth, be writ- ten in English. They will for the present be accompanied by a Chinese version, but it is understood that, in the event of there being any difference of meaning between the English and Chinese text, the English Government will hold the sense as expressed in the English text to be the correct sense. This provision is to apply to the Treaty now negotiated, the Chinese text of which has been carefully corrected by the English original.
Art. II. It is agreed that henceforward the character "I" (barbarian) shall not be applied to the Government or subjects of Her Britannic Majesty in any Chinese official document issued by the Chinese authorities, either in the capital or in the provinces.
Art. LII.-British ships of war coming for no hostile purpose, or being engaged in the pursuit of pirates, shall be at liberty to visit all ports within the dominions of the Emperor of China, and shall receive every facility for the purchase of provisions, procuring water, and, if occasion require, for the making of repairs. The commanders of such ships shall hold intercourse with the Chinese authorities on terms of equality and courtesy.
Art. LIII.-In consideration of the injury sustained by native and foreign commerce from the prevalence of piracy in the seas of China, the high contracting parties agree to concert measures for its suppression.
Art. LIV.-The British Government and its subjects are hereby confirmed in all privileges, immunities, and advantages conferred on them by previous Treaties: and it is hereby expressly stipulated that the British Government and its subjects will be allowed free and equal participation in all privileges, immunities and advantages that
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may have been, or may be hereafter, granted by His Majesty the Emperor of China to the Government or subjects of any other nation.
Art. LV.-In evidence of her desire for the continuance of a friendly under- standing, Her Majesty the Queen of Great Britain consents to include in a Separate Article, which shall be in every respect of equal validity with the Articles of this Treaty, the condition affecting indemnity for expenses incurred and losses sustained in the matter of the Canton question.
Art. LVI. The ratifications of this Treaty, under the hand of Her Majesty the Queen of Great Britain and Ireland, and of His Majesty the Emperor of China, respec- tively, shall be exchanged at Peking, within a year from this day of signature.
In token whereof the respective Plenipotentiaries have signed and sealed this Treaty. Done at Tientsin, this twenty-sixth day of June, in the year of our Lord one thousand eight hundred and fifty-eight; corresponding with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung.
(L.S.)
ELGIN AND KINCARDINE
SIGNATURE OF 1ST CHINESE PLENIPOTENTIARY
SIGNATURE OF 2ND CHINESE PLENIPOTENTIARY
Separate Article annexed to the Treaty concluded between Great Britain and China on the
twenty-sixth day of June, in the year One Thousand Eight Hundred and Fifty-eight.
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.
ELGIN AND KINCARDINE
(L.S.)
SIGNATURE OF 1ST CHINESE PLENIPOTENTIARY SIGNATURE OF 2ND CHINESE PLENIPOTENTIARY
CONVENTION OF PEACE BETWEEN HER BRITANNIC MAJESTY AND THE EMPEROR OF CHINA
SIGNED AT PEKING, 24TH OCTOBER, 1860
Her Majesty the Queen of Great Britain and Ireland and His Imperial Majesty the Emperor of China, being alike desirous to bring to an end the misunderstanding at present existing between their respective Governments, and to secure their relations against further interruption, have for this purpose appointed Plenipotentiaries, that is to say:-
Her Majesty the Queen of Great Britain and Ireland, the Earl of Elgin and Kincardine; and His Imperial Majesty the Emperor of China, His Imperial Highness the Prince of Kung; who having met and communicated to each other their full powers, and finding these to be in proper form, have agreed upon the following Convention, in Nine Articles:--
Art. I.-A breach of friendly relations having been occasioned by the act of the Garrison of Taku, which obstructed Her Britannic Majesty's Representative when on his way to Peking, for the purpose of exchanging the ratifications of the Treaty of Peace concluded at Tientsin in the month of June, one thousand eight hundred and fifty-eight, His Imperial Majesty the Emperor of China expresses his deep regret at the misunderstanding so occasioned.
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Art. II. It is further expressly declared, that the arrangement entered into at Shanghai, in the month of October, one thousand eight hundred and fifty-eight, between Her Britannic Majesty's Ambassador, the Earl of Elgin and Kincardine, and His Imperial Majesty's Commissioners Kweiliang and Hwashana, regarding the residence of Her Britannic Majesty's Representative in China, is hereby cancelled, and that, in accordance with Article III. of the Treaty of one thousand eight hundred and fifty-eight, Her Britannic Majesty's Representative will henceforward reside, permanently or occasionally, at Peking, as Her Britannic Majesty shall be pleased to decide.
Art. III.-It is agreed that the separate Article of the Treaty of one thousand eight hundred and fifty-eight is hereby annulled, and that in lieu of the amount of indemnity therein specified, His Imperial Majesty the Emperor of China shall pay the sum of eight millions of taels, in the following 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 Mercantile 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 eircumstances 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
14
TARIFF AGREEMENT
clai:n shall be by that said Commission established, should his removal be deemed necessary by the British Government.
Art. VII.-It is agreed that the provisions of the Treaty of one thousand eight hundred and fifty-eight, except in so far as they are modified by the present Convention, shall without delay come into operation as soon as the ratifications of the Treaty aforesaid shall have been exchanged. It is further agreed, that no separate ratification of the present Convention shall be necessary, but that it shall take effect from the date of its signature, and be equally binding with the Treaty above men- tioned on the high contracting parties.
Art. VIII. It is agreed that, as soon as the ratifications of the Treaty of the year one thousand eight hundred and fifty-eight shall have been exchanged, Hi- Imperial Majesty the Emperor of China shall, by decree, command the high authos 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.
ELGIN AND KINCARDINE
(L.S.)
SEAL OF CHINESE PLENIPOTENTIARY
SIGNATURE OF CHINESE PLENIPOTENTIARY
AGREEMENT IN PURSUANCE OF ARTICLES XXVI. AND XXVIII. OF THE TREATY OF TIENTSIN
SIGNED AT SHANGHAI, 8TH NOVEMBER, 1858
Whereas it was provided, by the Treaty of Tientsin, that a conference should be held at Shanghai between Officers deputed by the British Government on the one part and by the Chinese Government on the other part, for the purpose of determining the amount of tariff duties and transit dues to be henceforth levied, a conference has been held accordingly; and its proceedings having been submitted to the Right Honourable the Earl of Elgin and Kincardine, High Commissioner and Plenipotentiary of Her Majesty the Queen on the one part; and to Kweiliang, Hwashana, Ho Kwei-tsing, Ming-shen, and Twan Ching-shih, High Commissioners and Plenipotentiaries of His Imperial Majesty the Emperor, on the other part, these High Öfficers have agreed and determined upon the revised Tariff hereto apended, 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
Digitized by
Google
*
CUSTOMS TARIFF
The following is the New Specific Tariff as agreed upon between China and the Treaty Powers.
Note.-If any of the articles enumerated in this Tariff are imported in dimensions exceeding those specified, the Duty is to be calculated in proportion to the measurements as defined.
NAMI OF ARTICLE.
TARIFP UNIT AND DUTY,
Per
\T. m. c.c.
Agar-agar...
Picul
0 3 0 0
Agric. See Fungus.
Amber
Aniseed, Star, 1st Quality
per picul)..
Catty
0 3 2 5
Picul
1 0 0 0
(value Tls. 15 and over
Aniseed, Star, 2nd Quality
(value under Tls. 16
per picul)..
Apricot Seed
Arrowroot and Arrowroot
Flour
Asafœtida
Asbestos Boiler Compo-
sition
Asbestos Fibre
Asbestos Millboard
Asbestos Packing, includ- ing Sheets and Blocks,
Asbestos Packing Metal-
lic
Asbestos Yarn... Awabi
Bacon and Ham.. Bags, Grass.... Bags, Gunny Bags, Gunny Old Bags, Hewp Bags, Hemp Old. Bags, Straw. Baking Powder :
4 oz bottles or tins...
6
*
*
*
#
**
12
#
NAME OF ARTICLE.
TARIFF UNIT AND DUTY
Per \T. m. c. c.
Gross
0250
Dozen
0 0 5 0
0440 0900
5 p. cent.
1000
Basins, Tin (Common)... Basins, Iron, Enamelled:
Up to 9 ins. in diame
ter, Decorated or Un- decorated
Over 9 ins, in diameter, Agate, Blue & White, Gry or Mottled, Un- decorated
Over 9 ins. in diameter, Decorated (with Gold)| Over 9 ins. diameter,
decorated Gold)
Beads, Coral
"
0090
0 17 5
Value
Picul
(without
章
0 2 5000
Catty
25 750
37
Peads, Cornelian
Picul
7000
0
00
#
Beads, Glass, of all kinds.
Value
5 p. cent.
Beer. See Wines, etc.
3500
Beeswax, Yellow
Picul
1 6 0 0
Belting...
Value
5 p. cent.
5000
Betel-nut Husk, Dried...
Picul
0 077
2250
事重
Betel-nut Husk, Fresh
1 500
Betel-nut Leaves, Dried..
0018 0045
"
cent.
Betel-nuts, Dried
0 2 2 5
"1
0 0 1 8
JA
Valuo Picul
p. cent.
1 6 0 0
0700
Value 15 p. Thousand 125 0 4250
Value 6 p. cent. Thousand 4 2 5 0 Value 15 p. cent. Thousan 1 1 2 5 0
Dozen
**
Betel-nuts, Fresh Bezoar, Cow, Indian Biche de Mer, Black. Biche de Mer, White.. Bicycle Materials Bicycles
24
Value
Each
Birds' Nests. 1st Quality. Birds' Nest, 2nd Quality|
Catty
5 p. cent.
3 0 0 0 1400 0 450
Birds' Nests, 3rd Quality.|
0 1 5 0
**
Blue, Paris
Picul
1500
Blue, Prussian
33
**
***
0 2 2
事案
Bones, Tiger
1500 250
31
*
**
1 lb.
5
**
**
Bark, Mangrove... Bark, Plum-tree.
Bark, Yellow (for dyeing)| Bark, Yellow (Medicinal)| Barley, Pearl
Picul
**
Value Picul
13
030
08 10
1 3 5 0
0073
0120 p. cent
0800 0300
Books, Chinese
Maps, Newspapers and Periodicals
Borax, Crude
Borax, Refined
Braid, Llamas..... Google
Bricks, Fire................................................
Picul
"
"
5000
Value
15 p. cent.
Free.
Books (Printed), Charts,
Free.
06 10 1460
16
CUSTOMS TARIFF
NAME OF ARTICLE.
TARIFF UNIT and Duty.
NAME OF ARTICLE.
TARIFF UNIT AND DUTY.
Bronze Powder
Butter, in tins, jars, and
other Packages Buttons, Agate and Por
celain
Buttons. Brass, and other]
kinds (not Jewellery).. Byrrh. See Wines, etc. Camphor
Per Picul
\T. m. c. c.
Fer
\T. m. c. c.
2200
2000
**
Canned Meats.-
Bacon or ham, Sliced: - 4 lb. tins
Dozen
1
**
10
12 Gross
U 0 1 0
Dried Beef, Sliced......
Dozen 17 (lb. jurs)
Gross
0 0
Mincemeat:
14 lbs. pail.
Dozen
0077
0 144
0144
0100
Picul
1650
3
0 1 8 1
Camphor Baroos, Clean,
Catty
2045
Camphor Baroos, Refuse
Value
15 p. cent.
Kits, barrels and
barrels
Picul
07 29
Case of 25)
Candles, 9 oz.
packages (Candles)
0075
Pork and Beans Plain
or with Tomato
Sauce:-
Dozen
Candles, 16
Candles, 12 oz...
(Other weights, duty in
proportion.)
Candles, of all kinds dif-
ferently packed
Canes, Bamboo
Canes, Coir 1 ft. long.
Canes, Coir ♫ long
**
Canned Fruits, Vegeta-
bles, etc. (all weights
and measures approxi-
0 1 0 0
1 lb. tins
0040
"
U 1 3 3
2
0075
0085
3
""
Potted and
Devilled
Meat:-
Picul
Preserved Fruits in glass bottles, jars, cardboard or wooden boxes, in- cluding weight of im- mediate package
Asparagus
Corn
35
1
33
{
Picul Dozen
0650
2
**
21
3)
2 lb. tins
01 18
13
**
31
*3
Peas
String Beans
0 5
6 0 054
Tomatoes..
0 0 5 4
Picul
0 52 5
31
All other Canned Meats,
including Game of overy description, with or without Vegetables:
1 lb. tins
0750
Thousand 0 4 0 0
Picul
Thousand
0200
0300
Potted and Devilled
Poultry and Meat combined :--
4 lb. tins
事要
"
Soup and Bouilli :-
2 lbs. tins
mate):-
Apples
Table
Apricots
Dozen 24 lb.
0 0 6 5
6
Fruits.
*
Grapes
cans
Peaches
Pie
Pear
Fruits.
Plums
"
0 0 57
39
Tamales Chicken;-
Į lb. tins
13
>
Tongues of every des-
cription:-
lb. tins....
4 lb. tins
J
0022 0042
"
"
007 2
~~
"
>
0 1 0 1 0244
0 0 5 1
"
0080
OC98
0204
"
0287
0 3 3 3
0445
0515
""
0545
"
All other Vegetables me-
served in tins, bottles,
or jars, including weight of immediate, package
Tomato Sauce
Catsup 4 pint bottles
33
Jams and Jellies :--
1 lb. tins, bottles, or jars
T
Milk (including Con- (
densed)
Cream, Evaporated :-
4 dozen pints (family)
size)
2 dozen quarts (hotel
size)
"
*
J#
蔬索
"
**
and
2
"
006 3
"
0120
"
021 0 037 0
#1
*1
14
0
+
Dozen
0 0 008 7
Canvas and Cotton Duck,
not exceeding 36 inches wide..
Yard
0010
Capoor Cutcherv
Value
5 p. cent.
1 8
Cardamoms, Superior,
Case of 4 dozen 1 lb. tins
7
and Amomums
Picul
10.000
025 0
Cardamoms, Inferior, or
Grains of Paradise...
1000
Cardamoms, Husk.......
0250
Cards, Playing
Value
5 p. cent.
Case
0 2
Cassia Bnds
Cassia Lignea
Picul
075 0
0260
Cassia Twigs...oogle
*
09 20 0170
CUSTOMS TARIFF
17
NAME OF ARTICLE.
TABITY UNIT AND DUTY.
NAME OF ARTICLE.
TARIFY UNIT and Duty,
Cement....
Per {T. m. c. c. Cask of 3
013 piculs.
Per
T. m. c. c.
Coral Beads.....
Catty
0750
Coral, Broken and Refuse
05 50
Cornelian Beads....
Picul
000 0300
Cereals and Flour
Including Barley, Maize, Millet, Oats, Paddy, Rice, Wheat, and Flour made there- from; also Buck- wheat and Buck- wheat Flour, Corn- flour and Yellow Corn Meal, Rye Flour, and
Hovis Flour
But not including Ar- rowroot and Arrow- root Flour, Cracked] Wheat, Germes, Ho- miny, Pearl Harley, Potato Flour, Quaker
Oats, Rolled Oats,
Sago
and
Sago
Flour, Shredded
Wheat, Tapioca and
Free
Tapioca Flour, and
Yam Flour
Free
Chairs, Vienna Bent-wood
Dozen
Charcoal
Picul
Cheese
Value
Chestnuts
Picul
0800 0030 5p. cent.
0180
China-root, Whole, Sliced,
or in Cubes
Picul
0650
Chinaware, Coarse and
Fine
Value
Chloride of Lime
Chocolate, Sweetened
p. cent. 0300 0019
Cigarettes, 1st Quality (value exceeding Tis. 4.50 per 1,000).. Cigarettes, 2nd Quality (value not exceeding Tls. 4.50 per 1,000)
Ciga: s
Picul Pound
Thousand 0 5 0 0
**
Picul
Cinnabar
Cinnamon
Clams, Dried
Clocks of all kinds.
Value
Cloves
Picul
Cloves, Mother
**
Coal, Asiatic
Coal, other kinds
Coal, Asiatic, Briquetts
Cochineal..
Cockle, Dried..
Cockles, Fresh
Cocon
Ton
**
5
Value Picul
23
0090 {} } } } 3750 4000 0 5 6 0 p. cent.
0630 0360 0 2 5 0 0000 050 15 p. cont.
* 5 0 # 0500 3 6 0
Coffee
Coir Canes, 1 ft. long Coir Canes, 5 ft. long
Coke, Asiatic
Cok, other kinds
Thousand03
Ton
Compoy
Coral
10 0 2
0 5
}
Picul Catty
0 0 0
1 1 1 @
0 0
Cornelian Stones, Rough. Hundred
Corundum Sand-.
Cotton Piece Goods :-
Grey Shirtings or
Sheetings:
not ex-
ceeding 40 ins, wide and not exceeding 40| yds. long:
a. Weight 7th.and under
b. Over 7 lb. and not
over 9 lb.
c. Over 9lb. and not
over 11 lb........
d. Over 11 lb.
Imitation Native Cot- tonCloth(handmade)| Grey or Bleached : a. Not exceeding 20 ins. wide and not exceed- ing 20 yds. long weight 3 pounds and under...
b. Exceeding 20 ins.
wide White Shirtings, White
Irishes, White Sheet- ings, White Brocades, and White Striped or Spotted Shirtings: not exceeding 37 ins. wide and not exceed- ing 42 yds. long Drills, Grey or White not exceeding 31 ins. wide and not exceed- ing 40yds.long :
a. Weight 124 lb. and
under.
b. Weight over 12 lb. Jeans, Grey or White: a. Not exceeding 31 ins. wide and not exceed- ing 30 yds. long b. Not exceeding 31 ins. wide and not exceed- ing 40 yds. long T-Cloths,
White:
Grey
or
a. Not exceeding 31 ins. wide and not exceed-' ing 24 yds. long b. Not exceeding 3 ins. wide and exceeding 21 yds. but not ex- ceeding 40 yds. long :' c. Exceeding 31 ins, but not exceeding 37 ins. wide and not exceed-
ing 24 yds. long, gle
Picul
0 19 5
Piece
0 0 5 0
008 0
0 1 1 0
"
0 120
"1
"
0 0 27
Value
5 p. cent.
Piece
0 1 3 5
Piece
0100 0 1 2 5
0900
>
0 120
*
0070
0 1 3 5
"
080
CUSTOMS TARIFF
18
NAME OF ARTICLE.
TARIFF UNIT AND DUTY.
Per
T. m. c. c.
Crimp Cloth and Crape,
Plain :
a. Not exceeding 30 ins. wide and not exceed- ing 6 yds. long
b. Not exceeding 30 ins. wide, exceeding 6 yds. but not exceeding 10 yds, long
c. Not exceeding 30 ins. wide but exceeding 10 yds, long
White Muslins, White Lawns, and White Cambr.cs: notexceed-l ing 46 ins. wide and not exceeding 12 yds. long.
Mosquito
Netting,
White or Coloured not exceeding 90 ins.
wide
Lenos and Balzarines, White Dyed or Print- ed: not exceeding 31 ins wide and not ex- ceeding 30 yds, long Leno Brocades and Bal- zarine Brocades, Dyed Prints:
a. Printed Cambrics, Lawns or Muslins not exceeding 44 ins. wide and not exceed-] ing 12 yds. long b. Printed Chintzes, Printed Crapes, Print- ed Drills, Printed Furnitures, Frinted] Shirtings, Printed T-Cloth (including those goods known as Blue and White Painted T-Cloths, Printed Twills; but not including goods mentioned in (e) (h): 1. Not exceeding 20 ins.
wide
2. Exceeding 20 ins, but not exceeding 31 ins. wide and not exceed-
ing 30 yds. long
c. Printed Crimp Cloth: 1. Not exceeding 30 ins. wide and not exceed- ing 6 yds. long 2. Not exceeding 30 ins. wide,exceeding 6 yds. but not exceeding 10] yds. long
3. Not exceeding 30 ins. wide but exceeding
0 yds. long
Piece
0027
0 0 3 5
"
"
00031
Piece
0 0 3 2
Yard
0 0 1 0
Piece
0 0 6 0
Value
5 p. cent.
Piece
0 0 3 7
Value
Piece
"
5p. cent.
0 0 8 0
0 0 27
0 0 3 5
Yard
0003
NAME OF ARTICLE.
d. Printed Lenos and Balzarines: not ex- ceeding 31 ins, wide and not exceeding 30| yds. long
e. Printed Sheetings: not exceeding 36 ins. wide and not exceed- ing 43 yds. long f. Printed Turkey Reds, of all kinds: not ex- ceeding 31 ins. wide and not exceeding| 25 yds, long
9. Printed Sateens
Printed Satinets, Printed Reps,Printed Cotton Lastings, in- cluding All Cotton Piece Goods which are both Dyed and Printed, except those specified in (7.) and] (h.), and including any special finish, such as Mercerised Finish, Schreiner Fi- nish, Gassed Finish.}
Coloured Woven Cot- tons, i.e., dyed in the Yarn exceept Crimp Cloth...
TARIFF UNIT AND DUTT-
T.m.c.c.
Per
Pieco
0 0 90
$
"
018
,
01 0
*
Value
5p.cent
not
Silk Finish, or Elec- tric
Finish:
exceeding 32 ins, wide and not exceeding 32| yds. long
or
h. Duplex Prints
Reversible Cretonnes (not including those goods known as Blue and White Printed T-Cloths)
Dyed Cottons :
a. Dyed Plain Cottons. i.e., without woven or embossed figures (in- cluding Plain Ita- lians, Lastings, Reps, and Ribs, and all other Dyed Plain Cottons not other- wise enumerated,{ and including any special finish, such as Mercerised Finish, Schreiner Finish, Gassed Finish, Silk Finish, or Electric Finish): not exceed-Į ing 36 ins. wide and not exceeding 33 yds. Dilong
by
Piece
02 5 0
Value
15 p. cent.
Piece
024 0
NAME OF ARTICLE.
b. Dyed Figured Cot- tons, i.e., with woven GT embossed figures (including Figured Italians and Last- ings, Figured Reps, and Figured Ribs, and all other Dyed Figure 1 Cotton not otherwise enumer.t- ed, and including any special finish, such as Mercerised Finish, Schreiner Finish, Gassed Finish, Silk Finish, or Electric Finish): not exceed- ing 36 ins, wide and not exceeding 33 yds. long
<. Dyed Crimp Cloth: 1. Not exceeding 30 ins. wide and not exceeding 6 yds. long
2. Not exceeding 30 ins. wide, exceed- ing 6 yds, but not exceeding 10 yds. long
3. Not exceeding 30 ins. wide but ex- reeding 10 yds.long]
4. Dyed Drills: not
CUSTOMS TARIFF
TARIFF UNIT AND DUTY.
Per
\T. m. c. c.
Piece
0 1 5 0
0027
"
0 U8 5
Yard
00031
exceeding 31
ins.
wide and not exceed-
ing 43 yds. long
Piece
0 17 0
e. Dyed Lenos and Bal-
zarines: not exceed-] ing 31 ins. wide and not exceeding 30 yds. long
f. Dyed Leno Brocades. 9. Dyed Muslins, Lawns, and Cambrics: not exceeding 46 ins, wide and not exceeding 12 yds. long
A. Dyed Shirtings and Sheetings: not ex- ceeding 36 ins. wide and not exceeding| 43 yds. long Hongkong-dyed Shirtings: not ex- ceeding 36 ins. wide and not exceeding 20] yols, long
j. Dyed Cotton Cuts: not exceeding 36 ins. wide and not exceed- ing 51 yds. long.....
N. B. The pro rata| rule does not apply.)|
Value
0 0 90 5 p. cent.
Piece
0037
0 150
0 1 0 0
Pieces
00221
NAME OF ARTICLE.
k. Dyed T-Cloths in- cluding Dyed Al-
pacianos), Dyed Real and Imitation Turkey Reds of all kinds; not exceeding 32 ins. wide and not exceeding 25 yds. long:
1. Weight 34 lb. and
under
2 Weight over 34 lb.] Flannelettes and Cotton
Spanish Stripes: a. Cotton Flannel, Can- ton Flannel, Swans- downs, Flannelettes, and Raised Cotton Cloths of all kinds, Plain, Dyed, and Printed:
1. Not exceeding 36 ins, wide and not exceeding 15 yds. long.
2. Not exceeding 36]
ins. wide, exceed- ing 15 yds. but not exceeding 30 yds. long
b. Dyed Cotton Spanish
Stripes:
1. Not exceeding 32 ins, wide and not exceeding 20 yds. long.
2. Exceeding 32 ins. but not exceeding 64 ins. wide and not exceeding 20 yds. long.
Cordage, of all kinds Crimp Cloth:
a. Not exceeding 30 ins. wide and not exceed- ing 6 yds. long....
b. Not exceeding 30 ins. wide and exceeding 6 yds. but not exceed- ing 10 yds. long
c. Not exceeding 30 ins. wide but exceeding 10 yds, long
Velvets and Velveteens, Velvet Cords, and Fus-
tians:
a. Velvets and Velve-
teens: Plain :
1. Not exceeding 18
ins, wide
2. Exceeding 18 ins. but not exceeding 22 ins. wide
3. Exceeding 22 ins.
but not
26 ins. wide
19
TARIFF UNIT AND DUTY.
Per
\T. m. c. c.
Piece
0 0 6 0 0100
0 0 6 5
"
0 1 3 0
0 0 8 5
"
**
Value
0170 5 p. cent.
Piece
0 0 27
0 0 3 0
Yard
|00031
22
0 0 0 6
"
0008
20
NANS OF ARTICLE.
b. Velvets and Velve- teens, Printed or Em- bossed, not exceeding
30 ins. wide .********. c. Dyed Velvet Cords, Dyod Velveteen
Cords, Dyed Cordu- roys. Dyed Fustians of any description not excceding 30 ins. wide
Blankets, Cotton, Plain,
Printed or Jacquard Handkerchiefs, Cotton:
a. Plain, Dyed, or Print- ed, not Embroidered, Hemstitched, or Ini- tialled; not exceeding 1 yd. square.
b. All other Handker-
chiefs
Singlets or Drawers, Cot-
ton....
Socks, Cotton, including
Lisle Thread:
1st Quality, i.e. valued
at Tls. I or over per dozen pairs
2nd Quality, i.e. valued
at less than Tls. I per dozen pairs
Towels, Cotton :
a.Honeycomb or Hucka- back, Plan or Printed dimensions exclusivel of tringe:
1. Not exceeding 18 ins. wide and not exceeding 40 ins. long
2 Exceeding 19 ins. wide and not ex- eeding 50 ins. long.
b. All other Towels....
Cottons, Unclassed
Cotton, Raw
Ball Thread, Dyed or
Undyed.
Cotton. Thread :-
On Spools, Du yds.
On
31
100 yds.
On
20 yds.
3
Cotton Yarn, Dyed..
Cotton Yarn, Gassed
Cotton Yarn, Grey or
Bleached
Cotton Yarn, Mercerised
Cotton Yarn, Woolon or
Berlinette
Cow Bezoar, Indian
Crocodile (including Ar-
madillo) Scales
Crabs, Fresh
Currants
Cutch
Cuttle-fish
CUSTOMS TARIFF
Taxify Unit and Dett.
NAME OF ARTICLE.
| Tarify Usit and Dutt.
Per
T. n. c. c.
Per
T. m. c. c.
Dyes,
Colours,
and
Paints:-
Aniline
Value
5 p. cent
Yard
0 0 15
Blue, Paris
Picul
1 3
Blue, Prussian... Bronze Powder
1 5 0 0
J
2 2 0 0
1%
Carthamin
Valuo
5 p. cent.
Chrome, Yellow
Cinnabar
Picul
3 * 3 0
Gambodge
2700
"
Green, Emerald
1 0 0 0
"
Piece
0 0 3 0
Green, Schweinfurt, or
Imitation
1 0 0
"
Indigo, Dried, Artificial
or Natural
Value
5 p. cent
Indigo. Liquid, Artifi-
cial
Picul
Dozen
{} } ? ?
Value 5 p. cent.
Indigo, Liquid, Natural Indigo, Paste, Artificial
2025 021 5
2025
Lead, Red, Dry or mixed
with Oil
"
Dozen
0 1 2 3
Lead White. Dry or mixed with Oil..... Lead Yellow, Dry or
mixed with Oil Logwood Extract
C
Ochre
Pairs
0 0 7 5
Smalt
Ultramarino
0450
45 0
0450
0
0
1 60 0500
400 0
Dozen
0 4 3 2
0 0 2 0
0030
Value 5p. cent.
*
Picul
Gross
事多
*
Picul
Value
J
37
0 6 0 0
3000
0040
{ } } }
0160
0950 Sp. cent.
"
>>
Vermilion........
Vermilion Imitation White Zinc
Paints, Unclassed
Elephants's Teeth (other than Tusks) and Jaws, Whole or Parts
Elephants Tusks, Whole
or Parts
Emery Cloth and Sand-
paper (sheets not ex- ceeding 144 square ins.) Emery Powder Enamelled Ironware :-
Mugs, Cups. Basins, ant Bowls, 9 ins. or under in diameter, Decorated or Un- decorated.
Basins and Bowls, over 9 ins. in diameter, Agate, Blue and White, Grey. Mottled
-Undecorated Basins and Bowls, over 9 ins. in diameter, De- corated (with Gold)... Basins and Bowls,over 9|
ins. diameter, Decor-
ated (without Gold) Enamelware, Unclassed....
"
"
Value
5 p. cent.
""
""
"
Picul
3 0 0 0
Catty
0 17 0
Rea:n Value
0 25 0 5 p. cent.
Dozen
0 0 5 0
0090
**
Value
Fans, Palm-lcaf, Coarse... Thousand
Picul Value Pieul
3 500 p. cent. V600
2 7 2 5
Fans, Palm-leaf, Fine
0500
**
0300
JJ
0 60 7
Fans, Palm-leaf, Funcy,
Fans, Paper or Cotton of
all kinds
**
0 17 5
0125
5 p. cent.
0 2 8 0
0450
J
**
1 0 0 0
1400
J
CUSTOMS TARIFT
21
NAME OF ARTICLE.
TARIFE UNIT AND DUTY.
NAME OF ARTICLE.
TARIFY UNIT and Duty.
Fans, Silk.
Feathers, Kingfisher, Part
Skins(ie.,Wings, Tails)|
Per Valne
[T. m. c. c. 5 p. cent
Per
T. m. c. e.
or Backs)
Hundred
0230
Glue
Feathers,
Kingfisher,
Glass, Window, Common, Box of
not Stained, Coloured,' or otherwise Obscured. (feet.
Picul
Gold Thread, Imitation.
100 89.
0170
0830
Whole Skins
0600
See
Thread.
Feathers, Peacock
Value
5 p. cent.
Ground nuts
0150
Gum Arabic...
1000
Files. See Tools.
Gum Benjamin
0600
Fireclay
Pienl
00
Gum Benjamin, Oil of
Value
p. cent.
Firewood
0010
Gum Dragon's Blood.....
Picul
4000
Fish, Cuttle..
066
#
Gum Myrrh
""
Fish, Dried or Smoked,
in
bulk (including
Stock-ish but not in- cluding Cuttle-fish)
Fish, Fresh
Gum Olibanum
Gum Resin
Gutta-percha. See India-
rubber
0 46 5 0450
0 18 7
0 3 1 5
Fish, Maws
Fish, Salt
Fish, Stock
Flints
Flour.
See Cereals.
******
0 1 3 7
Hair, Horse
1400
4 2 50
Hair, Horse, Tails
2500
0
Hams
Value
5 p. cent.
Handkerchiefs. See Cot-
ton Piece Goods.
Hartall or Orpiment
Picul
Hemp
Value
0 450 5 p. cent.
Fungus, White
Flour, Arrowrout, Potato,
Sago, Tapioca, Yam
Fungua, er Agarie...
Galangal
Hessians or Burlaps, all
Valua
Picul
Catty
15 p. cent.
1 7 1 5 0250
weights
1,000 Yds.
Hide Poison or Specific...
Picul
0 1 7 0
Hides, Buffalo and Cow..... Hollow-ware, Cast: Cost-
Value Picul
Gambier
0300
"
ed or Tinned
Gambier False, or Cunao
Hoofs, Animal..
2850 5p. cent.
0800
0 5 0 0 0125
(Yamroot Dye-stuff).
0150
Hops ...
Value
5 p. cent.
Camboge
2700
Horns, Buffalo and Cow...
Picul
0350
Gasolene or Stove Nap- (10 gallon
Horns, Deer.....
Value
5 p. cent.
htha
drum
0150
Horns, Rhinoceros...
Catty
2400
Ginseng, Crude, 1st Qua-
Hosiery. See Cotton Piece
lity (value exceeding
Goods (Socks).
Tls. 2 per catty)
Catty
0220
India-rubber and Gutta-
Ginseng, Crude, 2nd Qua- lity (value not exceed- ing Tls. 2 per catty) Ginseng, Clarified or Cleaned, 1st Quality (value exceeding 1 13. [1 per catty). Ginseng, Clarified or Cleaned, 2nd Quality) (value exceeding Tis. 6 but not exceeding Tls. 11 per catty) Ginseng. Clarified or Cleaned, 3rd Quality (value excceding Tls. 2 but not exceeding Tis. 6 per catty)
Ginseng,
Clarified or
Cleaned, 4th Quality (value not exceeding Tis. 2 per catty)
Glass, Plate, Silvered .. Glass, Plate, Unsilvered...] Glass, Powder (see Match-
Making Materials).. Glass, Window, Colour- ed, Stained, Ground, or obscured
**
100 84. fect.
1 1 0 0
percha Articles (other
0 0 7 2
then Boots and Shoes) India-rubber and Gutta-
Value
5p. cent.
percha, Crude
Picul
3 140
India-rubber Boots
Pair
0080
India-rubber Shoes
0020
India-rubber, Old (fit only
for remanufacture).
Picul
0250
Indigo, Dried, Artificial
or Natural
Value
p. cent.
Indigo, Liquid, Artificial..
Ficul
2025
0
Indigo, Liquid, Natural...
21
Indigo, Paste, Artificial... Ink, Printing
215
2025
་་
Value
p. cent.
Isinglass (Fish) Glue......
Picul
4000
Isinglass, Vegetable
1 7 5 0
0
Jams and Jellies, 1 lb.
tins, bottles, or jars
Dozen
0060
Jams and Jellies, 2 lb. tins,
hottles or jars...
008
Joss Sticks
Picul
0 1 1 8 06 10
Square foot Value
0 0 2 5 p. cent.
Picul Box of
01 10
0 3
0
Kerosene Oil Cans and ( 2 cans in
Cases, Empty
Lace, Open-work or Inser-
tion-work of Cotton,]
Machine made :-
(a.) Not exceeding 1 ( in. Dwide, outside
measurement
I case
}
0005
12 dozen yards
0 0 50
2
CUSTOMS TARIFF
NAMK OF ARTICLE.
TARIFF INIT AND DUTY.
NAME OF ARTICLE.
TARIFF UNIT AND DUTY.
Per
\T, m. c. c.
Per
T. m. c. c.
(b.) Exceeding 1 in. but not exceeding 2 íns, wide, outside measurement
(c.) Exceeding 2 ins, but not exceeding 3 ins. wide, outside
surement
(4.) Exceeding 3 ins. wide, outside mien- surement
Lace Open-work or Inser- tion-work of any fibrous material except Silk or Cotton or Imitation Gold or Silver Thread:- (a.) Machine made.... (b.) Hand made (includ-
ing Cotton) Lacquerware
Lamps and their Acces
sories..
Lampwick
112 dozen
Marsala. See Wines, etc.
0100
(Vin de Liqueur),
yards
Matches, Rainbow or (50 gross
Brilliant.
boxes
}
150 0
Matches, Wax Vestas:
mea-
0166
**
*
0,216
not exceeding 100 in a box
10 gross
boxes
160
Matches, Wood, Safety
Matches, Wood, Safety
or other; Large: boxes not exceeding 24 ins. by 14 ins. by in
orother; Small: boxes
£0 gross boxes
063 0
100 gross
boxes
0920
not exceeding 2 ins.
by 1 ins. by
ins.
Matches. Wood, Safety or
Catty
0500
other, boxes exceeding
above sizes
Value
5 p. cent.
24
Value
2400 15 p. cent.
Match-making
Materials:-
Glass Powder
Picul
0 1 1 0
"
2
Phosphorus.
Picul
2600
Splints
"
Lard, Pure or Compound.
Lead, Red, White, Yellow,
Leather Belting
Leather, Calf
0600
Wax, Paraffin
41 25
0088 0500
Dry or mixed with Oil.
0450
Value
j5 p. cent.
Picul
7000
Leather, Coloured
Leather, Cow
Leather, Harness (not in-
cluding Enamelled or Pigskin)
Leather, Kid
7 0 0 0
2500
Leather, Sole
Leather, Patent
""
"
1 1 1 3
"
Dozen
1 0 0 0
Each Hundred
"
0 2 2 5 0045
*
3000 700 2600
7000
Leather, all other kinds
Lichees, Dried
Lily Flowers, Dried
Lily Seed (ie., Lotus-nuts
without Husks)
Lime, Cholride of
Linen
Liqueurs. See Wines, etc.
Value
p. cent.
Liquorice
Picul
Logwood Extract
0500 0600
13
Lotus-nuts
(i.e.,
Lily
Seed with Husks)
Metals:-
J
0400
Lucraban Seed
03 50
Value
p. cont.
Picul
0450
# 3 2 5
1000 0300
0550
Matting, Coir: not ex-(
ceeding 36 ins. wide
ceeding 36 ins. wide
Beef, Corned, Pickled,
in barrels..
Dry Salted Meat, in
boxes and barrels
Dry Sausages
Ham and Breakfast
Bacon; in boxes or barrels
Lard, Pure or Com-
pound
Melon Seeds
Anti-friction
Antimony
Brass & Yellow Metal:
Roll of
2750
100 yards
Matting, Straw: not ex-、
Roll of
0 250
|
40 yards į
Meat, in bulk:-
Picul
0 3 7 5
Mats, Coir Door..
Wood Shavings
Mats, Formosa, Grass Bed Matches, Rush
0050 0500
Matches, Straw
Matches, Tatami
Each
0475
0808
骨
30
Value
5 p. cent.
Picul
0600 0250
Value Picul
5 p. cent. 0700
or Foot....
Lung-ngan Pulp
Lung-ngans, Dried
Macaroni and Vermicelli,
and similar Paste
Mace..
Machines, Sewing, Hand
Madeira See Wines, etc.
0450
Bars and Rods
11
Value
0 3 2 5 5 p. cent.
Bolts and Nuts and
Accessories
J
Foil
Nails
**
Screws
(Vins de Liqueur.)
Sheets, Plates, and
Malaga. See Wines, etc.,
(Vins de Liqueur.)
Ingots Tubes
Malt
Picul
Mangrove Bark
Manure, Chemical
Value
037 0 0 0 7 3 p. cent.
Wire.......
Copper:-
Margarine, in tins, jars,
or kegs.
Picul
1400
Bars and Rods
Bolts, Nuts, Rivetsle
and Washers
1150
1150
1 6 7 5 115 0 5 p. cent.
Value
Picul
1150
1 1 5 0
*
1 1 5
>"
1 3 0 0
Value
15 p. cent.
CUSTOMS TARIFF
23
"
"
0 14 0
Value
5 p. cent.
Picul
0140
Nasz or ARTICLE.
TARIFF UNIT AND DUTY.
NAME OF ARTICLY.
TARIFY UNIT AND DUTT.
Ingots Naila..
Per Picul
\T. m. c. c.
1 1 7 5
1 3 0 0
Steel, Plates and Sheets Steel, Tool and Cast
Per Picul
T. m. c. c.
0 2 50
31
Sheets and Plates
1 3 0 0
Slabe.....
Tacks
Tabes
Wire...
1 1 7 5
**
Steel, Wire and Wire
Rope..
21
Value
P. cent.
"
25
Picul
1 3 0 0
Tin Foil
Dross, Iron
Dross, Iron and Tin Dross, Tin
German Silver, Sheets German Silver, Wire... Iron & Mild Steel, New:-
Anchors, and Parts thereof, Mill Iron,! Mill and Ships' Cranks, and For- gings for Vessels, Steam-engines, and Locomotives weigh- ing each 25 lbs. or
over
Angles
Anvils, and Parts of Bar
Bolts and Nuts
Castings, Rough
0160
"
0 3 0 0
Tin Slabs..
0300
"1
2200
"
1 5 0 0
Steel, Mild. See Iron. Tin Compound
Tin Sheets and Pipes
Tin Tacks, Blue, of all
sizes
Tinned Plates, Decorated
Value
ວີ
Picul
5 0
0750
P. cent.
1725
1 5 0 0
"
0400
"
0 3 5 0 0290
140 0400
Tinned Plates, lain
White Metal, Sheets....
White Metal, Wire
Yellow Metal. See Brass. Zinc Bolier Plates........ Zinc Powder
Zinc Sheets, including
Perforated
Milk, Condensed, in tins!
Mineral Waters
Mirrors..
"
Case of 4 dozen 1 lb. tins.
00
0600 0400
05 20
0 250
2200
+3
12 b'tles.
lor 24 -
0 0 5 0
bottles
Value
Chains, and Parts of...
0 265
Morphia, in all forms
Ounce
Cobbles
and Wire
Short+
1 3 0
Hoops
Kentledge
"
Nail-rod
0 1 4
075
0 14
Moulding
Mushrooms
Musical Boxes
1,000 feet
Picul
Value
Musk
Catty
Mussels, Dried
Picul
p. cent. 3000 1050
1 8 0 0
p. cent. 9000 4 0 0 0
Pig
Nails, Wire.
Nails, other kinds
Pipes and Tubes
0 20
Needles, No. 7/0
100 mille
1 8 0 0
Valuo
5 p. cent.
*
No. 3,0
1 5 0 0
"
Picul
0 0 7 5
"
Assorted, not in-
Value 5 p. cent.
cluding 7 0
"
Plate Cuttings
Picul
0100
Nutgalls
Picul
0985 0870
Plats and Sheets
01 40
Nutmegs
1 5 0 0
*
"
Rails...
Oakum
Rivets
Screws
0250
"
Sheets and Plates
Valuc Picul
p. cent.
Oil,
0 1 2 5
Oil, Castor, Lubricating.
Medicinal
0 500
J
0510
1000
"
Tacks, Blue, of all sizes Wire....
0140 0400
Oil, Clove...
Catty
0150
Oil, Cocoa-nut
Picul
U 0
"
0 250
Iron, Galvanized:
Oil, Colza
(Amern.
0 0 50
gallon
Bolts and Nuts
Value 5 p. cent.
Oil, Engine:
Cobbles
and Wire
(a.) Wholly or
Ameri-
Shorts
Picul
0130
Sheets, Corrugated
0275
"
partly of mi. neral origin...
can
0 0 X
TA
gallon
Sheets, Plain
0275
(b.) All other kinds
Tubes
Value 13 p. cent.
(except Castor).
0025
Wire....
Picul
Wire Shorts
0250 01 30
Oil, Ginger
Picul
6750
Case of 10
20
Iron, Old, and Scrap, of
any description fit
Oil, Kerosene
Amern.
0070
gallons
only for
re-manu-
facture
0090
"
Lead, in Figs
0285
Oil,
Oil,
in bulk
**
10 Amern.
gallous
0 0
0
Cans and (2 Cansin)
Lend, in Sheets
03 30
Cases, Empty
1 Case
000
Lead. Pipes.....
03 75
"
Oil, Olive.......
Imperial
Nickel, Unruanufactured
6 0
gallon
006 2
J
Quicksilver
4280
**
Oil, Sandalwood
Spelter ...
0 3 7 5
JJJ
Steel, Bamboo
0 2 5 0
Steel Bars
2 5 0
Oil, Wood......
Olives, Fresh, Pickled, or
Salted
le
Catty Picul
0240
0500
0180
D
24
CUSTOMS TARIFF
Name of ARTICLE.
TARIFF UNIT and Duty.
NAME OF ARTICLE.
TARIFF UNIT AND DUTX.
Per
T. m. c. c.
Opium..........
* icul {
Duty
30 000
Likin
80 0 0 0
Rose Maloes
Safflower
Per Picul
'T.m c. c.
1 0 0 0
0525
Opium, Husk
Catty
0062
Saké, in barrels
0400
Orange Peel
Picul
8000
Oysters, Dried
Value
5 p. cent.
Zaké, in bottles
12 bots. or )
01 10
24 4.bots. j
Packing, Asbestos.
See
Saltpetre and Nitrate
Asbestos.
Soda
Picul
03 25
Packing,
Engine and
Sand, Red
0045
and Paints
Boiler, all other kinds.
Paints. See Dyes, Colours,
Paper, Cigarette: not ex- ceeding 2 ins, by 4 ins. Paper, printing, Calen-
dered and/or Sized Paper, Printing, Uncal-
endered or Unsized Paper, Writing or Fool-
scap,
Paper, all other kinds
Sandalwood
"
0400
Sapanwoo i
Senhorse Teeth Seaweed, Cut
0 1 1 2
Peel, Orange
Pepper, Black..
Pepper, White
Perfumery
Phosphorus.
Pitch
Plushes and Velvets:
a. Plushes and Velvets
of pure Silk....
b. Silk Seal(with Cotton
back)
c. Flushes and Velvet- of silk mixed with other fibrons mate- rils (with Cotton back)
d. Plushes, all Cotton (incluling Mercer- ised)
e. Velvets, Cotton. See
Cotton Pivee Goods
Pork Rind
Prawns, Dried (see also
Shrimps)
Preserved Fruits, in glass bottles, jars, cardboard or wooden boxes, inclu- ding weight of imme- diate package
Purses, Leather (not in-
0650
cluding Silver or Gold
mounted).
Gross
Putchuck...
Picul
0 500 0 7 1 5
Raisins and Currants
Rattan Chairs......
Rattan Lore
Rattan Skin
Rattan, Split
"
Value Picul
0500 p. cent.
0 225
Silk Piece Goods, all Silk
(including Crape :-)
b Procaded or other-
wise Figured
Silk Piece Goods, Mix-
tures
(ie., Silk and Cotton, or Silk and other materials) (inclu- ding Crape but not in- cluding Mixtures with Real or Imitation Gold or Silver Thread) a. Plain
b. Brocaded or other-
wise Figured
Silver Thread, Imitation.
See Thread.
Sinews, Buffalo and Cow,
100.000
leaves
0 1 2 5
Seaweed, Long
Picul
0700
without Husks)
0300
"
Seed, Lotus-nuts
Seaweed, Prepared.
Seed, Lily(i e., Lotus-nuts
Lily Seeds with Husks).
(ie,
"
1 2 0 0
Seed, Lucraban
Value
5 p. cent.
Seed, Melon.........
""
Picul
0800 0760
Seed, Fine or Fir-nuts... Seed, Sesamun
""
0 150 0100
1 0 0 0
1 0 0 0
0400
0 3 5 0 0250 0200
"
020
1 3 3 0
Value
5 p. cent.
Picul
4 1 2 5
0 1 2 3
"
Sharks' Fins, Black
Sharks' Fins, Clarified or
Prepared
Sharks' Fins, white..
608
23
000
"
4600
"}
Shellac
2500
19
Shells, Mother-of-pearl..
070 0
Catty
0 6 5 0
Shells, other kinds....
Valuc
5 p. cent.
Sherry. See Wines, etc.
0200
(Vins de Liqueur).
Shoes and Boots, India-
rubber, for Chinese:-
Boots
Pair
0080
Shoes.....
0020
0150
Shrimps, Dried (see also
Prawns)
Picul
063 0
"
0 1 1 0
e. Plain.....
Picul
0 300
1000
Catty
0 3 2 5
0700
Value Picul
p.cent.
0 250
59
0500
"
Rattans, Whole Resin
Ribbons, Silk, Silk and|
Cotton, Silk and other fibres, with or without
Imitation Gold or
Silver Thread
Rope.....
Skins, Fish
Picul
Skins, Sharks
Value
5 p. cent.
Catty
Value
0 5 5 0 15 p. cent.
Smalt
Picul
Snuff..gitizen by X-
e Value
1 6 0 0 15 p. cent.
Picul
0 7 5 C
J1
Sinews, Deer
0550 1 0 5 0
0 3 2 5
29
"
Singlets or
Drawers,
"
Cotton
0187
Dozen
0 1 2 5
Singlets or
Drawers,
Mixture
Value 5 p. cent.
0 6 0 0
NAME OF ARTICLE.
at less than
Scop, Household and Laundry (including Blue Mottled), in bulk, bars and doublets weighing not less than lib. eich
Soap, Toilet and Fancy...
Socks, Cotton (including]
Lisle Thread) :-
1st Quality i.e., valued
at Tls. 1 or over per dozen pairs.)
2nd Quality (i.e., valued
per dozen pairs)
CUSTOMS TARIFF
TARIFF UNIT and Duty,
25
NAME OF ARTICLE.
TARIFF UNIT and Dutt.
Per
¡T. m. c. c.
Per
T. m. c. c.
Masts and Spars, Solt-
wood..
Value
5 p. cent
Picul
0240
Value
5 p. cent
Dozen
pairs
0 0 7 5
each shipment to be
Ms. 1
"
0 0 3 2
Soda Ash
Picul
0 15 0
Soda Bicarbonate
Soda Caustic
0 15 0 0225
"
Soda Crystals
0120
Soda Crystals, Concen-
trated
"
0140
Soy
0250
Spirits. See Wines, etc..
of Wines. See
tions ..................***
"
700
Picul
0 190 0300
Files and Piling, includ-
feet Cubic foot
1 1 5 0
0 0 20
ing Oregon Pine and Californian Red-wood: 1,000 sup. on a thickness of 1 in.] Planks, Hard wool Planks, and Flooring, Soft-wood, including Oregon Pine and Cali- fornian Red-wood, and
allowing 10 per cent. of
Tongued and Grooved: 1,000 sup
on a thickness of 1 in. Planks, and Flooring, Soft-wood, Tongued and Grooved, in excess of above 10 per cent. Planks, Teak-wood...... Railway Sleepers
Teak-wood Lumber, of all lengths and descrip-
feet
Value Cubic foot
Value
5 p. cent
0 0 8 1
5 p. cent
Cubic foot
0 0 8 1
Picul
Value
Picul
0 3 5 0
p. cent 0 8 0 0 0950
*
1 1 5 0
Spirits
Stick lac
Wines, etc.
Stout. See Wines, etc. Sugar, Brown, up to No. 10 Dutch Standard................ Sugar Candy...... Sugar, White, No. 11 Dutch Standard and over, including Cube and Refined....... Sulphur and Brimstone,
Crude
Sulphur and Brimstone,
Refined...
Sulphuric Acid
Sunshades. See Umbrellas
"
0240
Files,
150
"
0 2 0 1 8 7
0
Telescopes, Binoculars,
and Mirrors.........
Value
.5 p. cent
Thread, Cotton :-
Balls, Dyed or Undyed
Picul
3000
Spools, 50 yards..............
Gross
0 0
Thread, Gold and Silver,
Imitation, on Silk
Value
5 p. cent
Thread, Gold and Silver,
Real
"
Thread, Gold Imitation,
Tinder
Tin-foil....
Tobacco, Leat......
Tobacco, Prepared, in bulk Tobacco, Prepared in tins or packages under 5 lbs. euch
Tools:-
Axes and Hatches
File Blanks,
Rasps and Floats, of
all kinds :-
Not exceeding 1 ins long
Exceeding 4 ins. and not exceeding 9 ins long... Exceeding 9 ins. and not
exceeding 14 ins. long Exceeding 14 ins. long... Tortoiseshell Trimmings, Bead Trimmings, of Cotton, pure or mixed with other materials but not Silk
Trimmings, of Cotton, mixed with Silk and
Valu
5 p. cent
Doz n
0 3 0 0
"
Catty Value
0040
0072
0 1 6 8
0224 0450
P. cent
on Cotton.........
Catty
0 1 2 5
Imitation
Gold 01
on Cotton.......
Thread, Silver, Imitation,
Tiles, 6 ins. square....
Silver Thread
"
Hundred
0090 0 6
Turmeric.
Picul
0 1 8 5
Turpentine
Gallon
0 0 3 6
Timber-
Twine
Value
5 r, cent
Beams. Hard-wood
Cubic foot 0 0 20
Ultramarine
Picul
Beams, Soft-wood, in-
Umbrella Frames
Dozen
0500 0080
cluding Oregon Pine and Californian Red-
wood, on a thicken- 1.000 sup. ess of 1 in.
Beans, Teak-wood
Laths
Masts and Spars, Hard-
wood......
feet
1 1 5 0
Cubic foot 0 0 8 1 Thousand 0 2 1
Value
5 p. cent
Umbrellas, Parasols, and
Sunshades:-
With Handles wholly or partly of Precious Metals, Ivory, Mo- ther-of-pearl, Torto- iseshell, Agate, etc., or Jewelled
El Value
p. cent
26
CUSTOMS TARIFF
NAME OF ARTICLE,
TARIFF UNIT AND DUTY.
NAME OF ARTICLE.
TARIFF UNIT and Dutt.
Per
T. m. c. c.
Per
\T. m. c. c.
quer, Gu
With all other Hand- les, all Cotton....... With all other Hand-
les, Mixtures, not! Silk
With all other Hand- les, silk and Silk
Mixtures
Varnish, Crude Lac-
Lacquer,'
or Oil Lacquer
Vaseline
Vegetables, Dried and
Salted or Pickled, in
bulk
Case of 12)
Each
0020
in bottles
0 0 3 0
"
0080
2
Value
5 p. cent
"
"
Vermicelli
Vermilion
Vermouth. See Wines,
etc.
Watches, of all kinds...
Waters, Aerated and (12 bots, or
Mineral
121 4-bots.
Wax, Bees, Yellow....
Wax, Japan.....
Wax, Paraffin
•
Picul
0 3 2 5 4 05 0
"
Value
5 p. cent
0 0 5 0
Picul
*3
0600
0650 0500
Wax, Seeling
Brandy and Cognac,
Whisky, in bottles.. Other Spirits (Gin, Rum, etc.), in bot- tles Other Spirits (Gin, Kum, etc.), in bulk Spirits of Wine, in packages of any description
Ales, Beers, Cider, Perry, in bottles...
( Case of 12
reputed
Ales, Beers, Cider, { Imperial
Perry, in casks
Porters and Stouts,
in bottles.
Porters and Stouts,
quarts or 24 reputed
008 5
pints
?
0020
gallon
Case of 12
0 1 0 0
reputed quarts or 24 reputed pints
F
reputed quarts
0500
035 0
I
0 200
Imperial gallon
009
0 0 2 8
bots, or
Wines, in bottles (24 4-bots.
Still Wines, Red or
White, exclusively
Value
5 p. cent
Wax, White
Wines, etc.:--
Champagnes and all
Case of 12)
other Sparkling
2
Imperial
in casks Liqueurs
gallon
}
0025
Value
0 6 5 0
Wood. Camagon.
Picul
5 p. cent 0090
Wood, Ebony
0200
Wood, Fragrant..
Value
5 p. cent
Wood, Garoo ....
Catty
0 1 0 0
Wood, Kranjee
Value
5 p. cent
Wood, Laka.........
Picul
0125
Wood, Lignum-vitæ
Value
Wood, Purn
Picul
Wood, Red
p. cent 007 5 0200
Wood, Rose.
"
0200
J
Wood, Sandal
0400
bots. or
21-bots.
0 3 0 0
Wood, Sapan
011 2
Wood, Scented
Value
5 p. cent
Wood, Shavings, Hinoki.
Picul
1000
Woollen and Cotton Mix-
tures:-
the produce of the, natural fermenta- tion of grapes:
a. Having less than 14 degrees of alcohol:'
1. In bottles
2. In bulk
b. Having 14 degrees or more of alcohol; also Vins de Liqueur other than Port....
1. In bottles
2. In bulk
Port Wine, in bottle
Port Wine, in bulk
Vermouth and Byrrh Sake, in barrels
Sake, in bottles
Brandies and Whis-
kies, in bulk
Case of 12)
Imperial] 0 0 2 5
gallon j
Case of 12 bots. or
0 5 0 0
0 150
0700
244-bots. (Imperial
gallon
ase of 12) bots. or 24-hots. Imperial
gallon) Case of 10 250 ¡12 litres j
Picul 0400 Case of 12) bots. or
(Imperial
gallon
0175
0 1 1 0
0125
Flannel (Woollen and Cotton): not exceed- ing 33 inches wide... Italian Cloth, Plain or
Figured, having warp! entirely Cotton and all one colour, and weft entirely Wool and all one Colour: not exceeding 32 ins. wide and not exceed- ing 32 yards long ... Poncho Cloth: not ex- ceeding 76 ins. wide. Spanish Str pes (Wool- len and Cotton): not exceeding 64ins.wide. Union Cloth: not ex- ceed ng 76 ins. wide.
igi ized by
Yard
0 0 1 5
Piece
Yard
0 3 7 2
0030
"
0014
008
"
CUSTOMS TARIFF
27
SAME or ARTICLE,
TARIFF UNIT AND DUTY,
NAME OF ARTICLE.
Per
¡T. m. c. c.
Per
TARIFY UNIT AND DUTY.
¡T. m. c. c.
Woollen and Cotton Mixtures. Unclassed, including Alpacas, Lustres, Orleans, Si- cilians, etc.
Long Ells: not exceed
ing 31 ins. wide and not exceeding 25 yds.] long
Piece
0 250
Value 5 p. cent.
Medium Cloth; not ex-
Woollen Manufactures:
ceeding 76 ins, wide. Russian Cloth: not ex-
Yard
00472/
Blankets and Rugs
Pound
002
Broadcloth: not exceed-
ing 76 ins. wide
Yard
00471
ceeding 76 ins. wide. Spanish Stripes: not!
exceeding 64
"
0047
ins.
wide
0 0 2 1
Bunting: not exceeding
Woollens, Unclassed...
Value 5 p. cent.
24 ins. wide and not exceding 40 yds. long.
Woollen and Worsted
Piece
Yarns and
Cords
Camlets, Dutch: not ex-j
reeding 33 ins. wide and not exceeding 61 yards long
Camlets, English: not exceeding 31 ins. wide and not exceeding 61 yards long
Flannel: not exceeding
33 ins. wide......
Habit Cloth: not ex- ceeding 76 ins. wide. Lastings, Plain, Figur- ed or Creped: not exceeding 31 ins, wide and not exceeding 32 yards long Llama Braid
(not including Berlin Wool).
Picul
5300
Berlin Wool
400
2
1 0 0 0
Wooloa or Berlinette......]
Worm Tablets, in bottles,
not exceeding 60 pieces
3500
25
Dozen
0 0 5 5
Yarn, Asbestos.....
Picul
250
0 5 0 0
Yarn, Coir................
Value
5 p. cent.
Yarn, Cotton, Bleached.
Yard
0 0 1 5
or Grey..
Picul
09 50
Yarn, Cotton, Dyed......
Value
p. cent.
Yarn, Cotton, Grøy..
Picul
09 50
Yarn, Cotton, Mercerised)
0047)
or Gassed....
Value
5
p. cent.
Yarn, Cotton, Woolca or
Berlinette
Picul
3 5 0 0
Yarn, Wool, Berlin..
4000
Yarn, Woollen and Worst-
Piece
Picul
0 450
ed (not including
500
Berlin Wool)
5300
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RULES
RULE 1-Imports unenumerated in this Tariff will pay Duty at the rate of 5 per cent. ad valorem; and the value upon which Duty is to be calculated shall be the market value of the goods in local currency. This market value when converted into Haikwan Taels shall be considered to be 12 per cent. higher than the amount upon which Duty is to be calculated.
If the goods have been sold before presentation to the Customs of the Application to pay Duty, the gross amount of the bona fide contract will be accepted as evidence of the market value. Should the goods have been sold on c. f. and i. terms, that is to say, without inclusion in the price of Duty and other charges, such c. f. and i. price shall be taken as the value for Duty-paying purposes without the deduction mentioned in the preceding paragraph.
If the goods have not been sold before presentation to the Customs of the Application to pay Duty, and should a dispute arise between Customs and importer regarding the value or classification of goods, the case will be referred to a Board of Arbitration composed as follows:-
An official of the Customs;
A merchant selected by the Consul of the importer; and
A merchant, differing in nationality from the importer, selected by the Senior
Consul.
Questions regarding procedure, etc., which may arise during the sittings of the Board shall be decided by the majority. The final finding of the majority of the Board, which must be announced within fifteen days of the reference (not including holidays), will be binding upon both parties. Each of the two merchants on the Board will be entitled to a fee of ten Haikwan Taels. Should the Board sustain the Customs valuation, or, in the event of not sustaining that valuation, should it decide that the goods have been undervalued by the importer the extent of not less than 7 per cent., the importer will pay the fees; if otherwise, the fees will be paid by the Customs. Should the Board decide that the correct value of the goods is 20 per cent. (or more) higher than that upon which the importer originally claimed to pay Duty, the Customs authorities may retain possession of the goods until full Duty has been paid and may levy an additional Duty equal to four times the Duty sought to be evaded.
In all cases invoices, when available, must be produced if required by the Customs. RULE II-The following will not be liable to Import Duty: Foreign Rice, Cereals, and Flour; Gold and Silver, both Bullion and Coin; Printed Books, Charts, Maps, Periodicals, and Newspapers.
A freight or part freight of Duty-free commodities (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.
Drawbacks will be issued for Ships' Stores and Bunker Coal when taken on
board.
RULE III. Except at the requisition of the Chinese Government, or for sale to Chinese duly authorised to purchase them. Import trade is prohibited in all Arms, Ammunition, and Munitions of War of every description. No Permit to land them will be issued until the Customs have proof that the necessary authority has been given to the Importer. Infraction of this rule will be punishable by confiscation of all the goods concerned. The import of Salt is absolutely prohibited.
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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; atherwise, 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.
ROLE 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 eonfiscated, 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 valuę of
* Substituted for the Rules agreed upon in 1865 between the Chinese Government and Her Britannic
Majesty's Plenipotentiarized by ooge
30
RULES FOR JOINT INVEST【GATION
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 heve decided whether so much money is to be paid, or the whole of the property seized be confiscated, the merchant will be called on to pay accordingly. If he decline to give the necessary security, the ship or merchandise attached will be detained. But whether the decision of the superior authorities be favourable or not, the appellant will not be allowed to claim indemnity.
RULE VI. When the act of which a merchant at any port is acensed is not one involving the confiscaton 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 specfic 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-money. If the decision be against confiscation, the bond will be returned to the Consul for transmission to the merchant, and the case then be closed. The sum paid by the Custom House authorities or ship or goods being regarded as their proper price, it will not be in the merchant's power, by a tender of the purchase-money, to recover them.
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1
í
THE NEW CHINESE TARIFF.
Notification issued by the Imperial Maritime Customs at Canton on the 14th November, 1901.
Notice is hereby given that:-
1. On and after the 11th inst., the Tariff of Import Duties hitherto existing and the list of Duty-free Goods cease to be operative and, until further notice, whatever is imported, with certain exceptions, is to pay an effective 5 per cent. ad valorem Duty.
2. The exceptions are as follows:-
(a.) Foreign Rice, Cereals and Flour, as well as Gold and Silver, coined and
uncoined, are exempt from Duty.
(b.) The Import Duty on Opium remains unchanged at thirty taels, that and lekin at the rate of eighty taels, or one hundred and ten taels in all, per picul, being payable simultaneously as at present.
(c.) Foreign Goods on the way to China or which shall have been despatched to China within six days after the signature of the Protocol-that is, on or before the 13th September-are to pay Import Duty according to the old Tariff, a fixed Duty if enumerated, and an ad valorem 5 per cent. Duty if unenumerated, and are to be exempt from Duty if on the Duty-free list. Goods despatched after the 13th September are to pay an effective 5 per cent, according to the new rule. (d.) Merchandise taken out of bond is to pay Duty according to its liability on the day of bonding-that is, if already in bond, or if bonded on any future day but forming part of a cargo now on the way to China or despatched to China on or before the 13th September, it is to be treated according to the old Tariff and Tariff Rules. All other bonded imports are to pay an effective 5 per cent.
(e.) Whatever is imported for the use of Legations at Peking is exempt from Import Duty-applications for Exemption Permits, etc., to be countersigned and sealed by the Consulate of the Legation concerned. (f.) Whatever is shipped or discharged for the use of Foreign forces, military or naval, is exempt from Import Duty-applications for Exemption Permits, etc., to be countersigned and sealed by the Consulate of the flag concerned.
3. The values on which the new Tariff is to fix Duties will be the average values for the three years 1897, 1898, 1899, but pending its completion and publication, and in order to minimise trouble and expedite business, Duty will be accepted on the values set forth in the Statistical Secretary's List of Values for 1897; copies will soon be procurable, price 50 cents per copy, at Shanghai at Messrs. Kelly and Walsh's, and at outports at the Custom House. Where the valuation of this List is questioned, the market value of the day minus Duty and charges, or where that cannot be ascertained, invoice value plus 10 per cent, will rule instead; but as this vill involve detention of goods concerned at owner's risk and expense till such market or, failing market, invoice value can be ascertained and settled, it is hoped the valuation of the List will be acquiesced in.
4. Goods exported pay Duty according to the Tariff hitherto existing.
5. Coast Trade Duty, which is not an Import Duty, but a Coast Duty on Native produce inwards, remains as before, and is not affected by the effective 5 per cent. rules.
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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 Chihli, of the First Class of the Third Order of Nobility.
The negotiation between the Ministers above named has its origin in a despatch received by Sir Thomas Wade, in the Spring of the present year, from the Earl of Derby, principal Secretary of State for Foreign Affairs, dated 1st January, 1876. This contained instructions regarding the disposal of three questions: first, a satis- factory settlement of the Yunnan affair; secondly, a faithful fulfilment of engagements of last year respecting intercourse between the high officers of the two Governments; thirdly, the adoption of a uniform system in satisfaction of the understanding arrived at in the month of September, 1875 (8th 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 Thomas Wade has referred himself in discussions on these questions with the Tsung-li Yamên, further reference to which is here omitted as superfluous. The conditions now agreed to between Sir Thomas Wade and the Grand Secretary are as follow ******
SECTION I-Settlement of the Yünnan Case.
1.-A Memorial is to be presented to the Throne, whether by the Tsung-li Yamên or by the Grand Secretary Li is immaterial, in the sense of the memorandum prepared by Sir Thomas Wade. Before presentation the Chinese text of the Memorial is to be shown to Sir Thomas Wade.
2.-The Memorial having been presented to the Throne, and the Imperial Decree in reply received, the Tsung-li Yamên will communicate copies of the Memorial and Imperial decree of Sir Thomas Wade, together with copy of a letter from the Tsung-li Yamên to the Provincial Governments, instructing them to issue a proclama- tion that shall embody at length the above Memorial and Decree. Sir Thomas Wade will thereon reply to the effect that for two years to come officers will be sent by the British Minister to different places in the provinces to see that the proclamation is posted. On application from the British Minister or the Consul of any port instructed by him to make application, the high officers of the provinces will depute competent officers to accompany those so sent to the places which they go to observe.
3.-In order to the framing of such regulations as will be needed for the conduct of the frontier trade between Burmah and Yunnan, the Memorial submitting the proposed settlement of the Yunnan affair will contain a request that an Imperial Decree be issued directing the Governor-General and Governor, whenever the British Government shall send officers to Yünnan, to select a competent officer of rank to confer with them and to conclude a satisfactory arrangement. gle
THE CHEFOO CONVENTION
33
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 plae in Yunnan, to observe the conditions of trade; to the end that they may have information upon which to base the regulations of trade when these have to be discussed. For the consideration and adjustment of any matter affecting British officers or subjects, these officers will be free to address themselves to the authorities of the province. The opening of the trade may be proposed by the British Government as it may find best at any time within the term of five years, or upon expiry 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 Yünnan, on account of the expenses which the Yunnan case has occasioned, and on account of claims of British merchants arising out of the action of officers of the Chinese Government up to the commencement of the present year, Sir Thomas Wade takes upon himself to fix at two hundred thousand taels, payable on demand.
6. When the case is closed an Imperial letter will be written expressing regret for what has occurred in Yunnan. The Mission bearing the Imperial letter will proceed to England immediately. Sir Thomas Wade is to be informed of the constitution of this Mission for the information of this Government. The text of the Imperial letter is also to be communicated to Sir Thomas Wade by the Tsung-li Tamên.
SECTION II-Official Intercourse.
Under this heading are included the conditions of intercourse between high officers in the capital and the provinces, and between, Consular officers and Chinese
fficials at the ports; also the conduct of judicial proceedings in mixed cases.
1.-In the Tsung-li Yauên's Memorial of the 28th September, 1875, the Prince of Kung and the Ministers stated that their object in presenting it had not been simply the transaction of business in which Chinese and Foreigners might be concerned; missions abroad and the question of diplomatic intercourse lay equally within their prayer.
To the prevention of further misunderstanding upon the subject of intercourse and correspondence, the present conditions of both having caused complaint in the capital and in the provinces, it is agreed that the Tsung-li Yamén shall address a circular to the Legations, inviting Foreign Representatives to consider with them a code of etiquette, to the end that foreign officials in China, whether at the ports or elsewhere, may be treated with the same regard as is shown them when serving abroad in other countries and as would be shown to Chinese agents so serving abroad. The fact that China is about to establish Missions and Consulates abroad renders an understanding on these points essential.
who
2.-The British Treaty of 1858, Article XVI., lays down that "Chinese subjects may be guilty of any criminal act towards British subjects shall be arrested and punished by Chinese authorities according to the laws of China.
"British subjects who may commit any crime in China shall be tried and punished by the Consul, or any other public functionary authorised thereto, according to the laws of Great Britain.
"Justice shall be equitably and impartially administered on both sides."
The words " functionary authorised thereto" are translated in the Chinese text
"British Government."
In order to the fulfilment of its Treaty obligation, the British Government has established a Supreme Court at Shanghai, with a special code of rules, which it is now about to revise. The Chinese Government has established at Shanghai a Mixed Court; but the officer presiding over it, either from lack of power or dread of unpopularity, constantly fails to enforce his judgments.
It is now understood that the Tsung-li Yamên will write a circular to the Lega- tion, inviting Foreign Representatives at once to consider with the Tsung-li Yamên
34
THE CHIEFOO CONVENTION
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 Wade will write a Note to the above effect, to which the Tsung-li Yamên will reply, affirming that this is the course of proceeding to be adhered to for the time to come.
It is further understood that so long as the laws of the two countries differ from each other, there can be but one principle to guide judiciai proceedings in mixed cases in China, namely, that the case is tried by the official of the defendant's nationality; the official of the plaintiff's nationality merely attending to watch the proceedings in the interest of justice. If the officer so attending be dissatisfied with the proceedings, it will be in his power to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case. This is the meaning of the words hui t'ung. indicating combined action in judicial proceedings, in Article XVI. of the Treaty of Tientsin; and this is the course to be respectively followed by the officers of either nationality.
SECTION III.-Trade.
1.-With reference to the area within which, according to the treaties in force, lekin ought not to be collected on foreign goods at the open ports, Sir Thomas Wade agrees to move his Government to allow the ground rented by foreigners (the so-called Concessions) at the different ports, to be regarded as 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; Wên-chow, in Che-kiang; and Pe:-hai (Pak-hoi), in Kwang-tung to be added to the number of ports open to trade and to become Consular stations. The British Government will, farther, be free to send officers to reside at Ch'ung-k'ing to watch the conditions of British trade in Szechuen; British merchants will not be allowed to reside at Ch'ung-k'ing, or to open establish- ments or warehouses there, so long as no steamers have access to the port. When steamers have succeeded in ascending the river so far, further arrangements can be taken into consideration.
It is further proposed as a measure of compromise that at certain points on the shore of the Great River, namely, Ta-t'ung and Ngan-Ching in the province of An- hui; Ho-Kou, in Kiang-si; Wu-such, Lu-chi kou, and Sha-shih in Hu-Kwang, these being all places of trade in the interior, at which, as they are not open ports; foreign merchants are not legally authorised to land or ship goods, steamers shall be allowed to touch for the purpose of landing or shipping passengers or goods; but in all instances by means of native boats only, and subject to the regulations in force affecting native trade.
Produce accompanied by a half-duty certificate may be shipped at such points by the steamers, but may not be landed by them for sale. And at all such points, except in the 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 collected on all goods whatever by the native authorities. Foreign merchants will not be authorised to reside or open houses of business or warehouses at the places enumerated as ports of call.
2.-At all ports open to trade, whether by earlier or later agreement, at which no settlement area has been previously defined, it will be the duty of the British Consul, acting in concert with his colleagues, the Consuls of other Powers, to come to an understanding with the local authorities regarding the definition of the foreign settlement area.
3.-On Opium, Sir Thomas Wade will move his Government to sanction_au 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,
gibzed by
THE CHEFOO CONVENTION
35
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 bona 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 exbibition 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 trade, 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 Tariff Duty upon it, will be fixed as soon as the British Government has arrived at an understanding on the subject with other foreign Governments.
7.-The Governor of Hongkong having long complained of the interference of the Canton Customs Revenue Cruisers with the junk trade of that Colony, the Chinese Government agrees to the appointment of a Commission, to consist of a British Consul, an officer of the Hongkong Government, and a Chinese official of equal rank, in order to the establishment of some system that shall enable the Chinese Government to protect its revenue without prejudice to the interests of the Colony.
Separate Article.
Her Majesty's Government haying it in contemplation to send a Mission of Exploration next year by way of Peking through Kan-su and Koko-Nor, or by way of Ssu-chuen, to Thibet, and thence to India, the Tsung-li Yamên, having due regard to the circumstances, will, when the time arrives, issue the necessary passports, and will address letters to the high provincial authorities and to the Resident in Thibet. If the Mission should not be sent by these routes, but should be proceeding across the Indian frontier to Thibet, the Tsung-li Yamên, on receipt of a communication to the above effect from the British Minister, will write to the Chinese Resident in Thibet, and the Resident, with due regard to the circumstances, will send officers to take due care of the Mission; and passports for the Mission will be issued by the Tsung-li Yamên, that its passage be not obstructed.
Done at Chefoo, in the province of San-tung, this Thirteenth Day of September, in the year of Our Lord One Thousand Eight Hundred and Seventy-six.
[L.8.]
THOMAS Francis Wade.
[L.S.] DLI HUNG-CHANG.
2*
3366
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
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 proposel in clauses 1 and 2 of Section III. of the Chefoo Agreement, it is agreed that they shall be reserved for further consderation 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 effaced 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.
"This is to certify that Tariff and li-kin duties at the rate of
taels per chest of 100 catties have been paid on the opium marked and numbered as under; and that, in conformity with the Additional Article signed at London the 18th July, 1885, and appended to the Agreement between Great Britain and China signed at Chefoo the 13th September, 1876, and approved by the Imperial Decree printed on the back thereof, the production of this certificate will exempt the opium to which it refers, wherever it may be found, from the imposition of any further tax or duty whatever, provided that the packages are unbroken, and the Customs seals, marks, and numbers have not been effaced or tampered with.
"Mark,
X
"Port of entry,
"Date
No.
00 packages
"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
THE CHEFOO CONVENTION
37
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 binding for four years, after the expiration of which period either Government may at any time give twelve months' notice of its desire to determine it, and such notice being given, it shall terminate accordingly.
It is, however, agreed that the Government of Great Britain shall have the right to terminate the same at any time should the transit certificate be found not to confer on the opium complete exemption from all taxation whatsoever whilst being carried from the port of entry 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 modifica tions of the provisions of the present Additional Article which experience may show to be desirable.
9. It is understood that the Commission provided for in clause 7 of Section III. of the Chefoo Agreement to inquire into the question of prevention of smuggling into China from Hongkong shall be appointed as soon as possible.
10.-The Chefoo Agreement, together with, and as modified by, the present Additional Article, shall be ratified, and the ratifications shall be exchanged at London as soon as possible.
In witness whereof the Undersigned, duly authorized thereto by their respective Governments, have signed the present Additional Article, and have affixed thereto their seals.
Done at London, in quadruplicate (two in English and two in Chinese), this 18th day of July, 1885, being the seventh day of the sixth moon in the eleventh year of the reign of Kwang-su.
(L.8.) (1.8.)
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 Articles 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 modification stpiulated in clause 1 of the said Additional Article, shall nevertheless remain in force.
Digitized by
og
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, sigued 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 Opinm, its custody or control in quan-
tities less than one chest, except by the Opium Farmer.
3. That all Opium arriving in the Colony be reported to the Harbour Master, and that no Opium shall be transhipped, landed, stored or moved from one store to another, or re- exported without a permit from the Harbour Master, and uotice 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 Farmer, 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 Opium accompanied by such certificates, at the rate of not more than Tls. 110 per picul, shall be free from all further imposts of every sort, 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 cargoes trading between Chinese ports and Macao, and that no dues whatsoever shall be demanded from junks coming to Hongkong from ports in China, or pro- ceeding from Hongkong to ports in China, over and above the dues paid or payable at the ports of clearance or destination.
6. That the Officer of the Foreign Inspectorate, who will be responsible for the management of the Kowloon Office, shall investigate and settle any complaints made by the juuks trading with Hongkong against the Native Customs Revenue Stations or Cruisers in the neighbourhood, and that the Governor of Hongkong, if he deems it advisable, shall be entitled to send a Hongkong Officer to be present at and assist in the investigation and decision.
If, however, they do not agree a reference may be made to the Authorities at Peking for joint decision.
Sir Robert Hart undertakes on behalf of himself and Shao Taotai (who was com- pelled by unavoidable circumstances to leave before the sittings of the Commission were terminated) that the Chinese Government shall agree to the above conditions.
The undersigned are of opinion that if these arrangements are fully carried out, a fairly satisfactory solution of the questions connected with the so-called "Hong- kong Blockade" will have been arrived at.
Signed in triplicate at Hongkong, this 11th day of September, 1886.
• See Ordinance 22 of 19×7.
† A modification allowing export in smaller quantities than one chcat was subsequently agreed.
1
•
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 Chunghing.
IL-Merchandise conveyed between Ichang and Chungking by the above class of vessls 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 Yangtsze Regulations; vessels of Chinese type, if and when entitled to carry the British flag, shall pay tonnage dues in accordance with Treaty Begulations. It is obligatory on both chartered junks and also vessels of Chinese type, even when the latter may be entitled to carry the British flag, tɔ 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 Chinese is strictly prohibited. Infringement of these Regulations will, in the first instance, render the offender liable to the penalties in force at the ports hitherto opened under 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
40
THE BURMAH CONVENTION
if it were inserted therein word for word. It shall be ratified, and the ratifications exchanged at Peking, and it shall come into operation six months after its signature, provided the ratifications have then been exchanged, or if they have not, then on the date at which such exchange takes place.
Done at Peking in triplicate (three in English and three in Chinese), this 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.S.)
JOHN WALSHAM.
(L.S.)
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 mountaiu 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 1. 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 provision,
}
THE THIBET-SIKKIM CONVENTION
41
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 Burmah 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 Consul 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 Convention. 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 submitted 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 four 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.by 00g
e
42
KOWLOON EXTENSION AGREEMENT
In witness whereof 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 bundred and ninety-seven.
(Sd.)
(Hieroglyphic)
CLAUDE M. Macdonald. LI HUNG-CHANG.
(Seal)
(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 when proper surveys have been made by officials appointed by the two Governments. The term of this lease shall be ninety-nine years.
AVIDSE |
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 convenience 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 discussed.
It is further understood that there will be no expropriation or expulsion of the inhabitants of the district included within the extension, and that if land is required for public offices, fortifications, or the like official purposes, it shall be bought at a fair price.
If cases of extradition of criminals occur they shall be dealt with in accordance with the 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.
This 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 Kwang Hsü.
CLAUDE M. Macdonald.
LI HUNG-CHANG,
Members of HSU TING K'UEI, Tsung-li Yamên.
THE WEIHAIWEI CONVENTION
SIGNED, IN THE ENGLISH AND CHINESE LANGUAGES, at Peking, 1st July, 1898
Ratifications exchanged at London, 5th October, 1898
In order to provide Great Britain with a suitable naval harbour in North China, and for the better protection of British commerce in the neighbouring seas, the Government of His Majesty the Emperor of China agrees to lease to the Government of Her Majesty the Queen of Great Britain and Ireland, Weihaiwei, in the province of Shantung, and the adjacent waters for so long a period as Port Arthur shall remain in the occupation of Russia.
The territory leased shall comprise the island of Liukung and all other islands in the Bar of Weihaiwei, and a belt of land ten English miles wide along the entire coast line of the Bay of Weihaiwei. Within the above-mentioned territory leased Great Britain shall have sole jurisdiction.
Great Britain shall have, in addition, the right to erect fortifications, station troops, or take any other measures necessary for defensive purposes, at any points on or near the coast of the region east of the meridian 121 degrees 40 min. E. of Green- wich, and to acquire on equitable compensation within that territory such sites as may be necessary for water supply, communications, and hospitals. Within that zone Chinese alministration will not be interfered with, but nɔ troops other than Chinese or British shall be allowed therein.
It is also agreed that within the walled city of Weihaiwei Chinese officials shall continue to exercise jurisdiction, except so far as may be inconsistent with naval and military requirements for the defence of the territory leased.
It is further agreed that Chinese vessels of war, whether neutral or otherwise, shall retain the right to use the waters herein leased to Great Britain.
It is further understood that there will be no expropriation or explusion of the inhabitants of the territory herein specified, and that if land is required for forti- ications, public offices, or any official or public purpose, it shall be bought at a fair price.
This Convention shall come into force on signature. 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.
CLAUDE M. MACDONALD.
PRINCE CHING, Senior Member of the Tsung-li Yamên. LIAO SHOU HENG, President of Board of Punishments. Done at Peking in quadruplicate (four copies in English and four in Chinese) the first day of July in the year of Our Lord eighteen hundred and ninety-eight, being the thirteenth day of the fiftli moon of the twenty-fourth year of Kuang-bsü.
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THE BRITISH COMMERCIAL TREATY WITH CHINA
Signed at Shanghai, 5th September, 1972
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Majesty the Em- peror of China, having resolved to enter into negotiations with a view to carrying out the provision contained in Article XI. of the Final Protocol signed at Peking on the 7th of September, 1901, under which the Chinese Government agreed to negotiate the amendments deemed useful by the Foreign Governments to the Treaties of Commerce and Navigation and other subjects concerning commercial relations with the object of facilitating them, have for that purpose named as their Plenipotentiaries, that is to
say:
His Majesty the King of Great Britain and Ireland, His Majesty's Special Com- missioner, Sir James Lyle Mackay, Knight Commander of the Most Eminent Order of the Indian Empire, a member of the Council of the Secretary of State for India, etc.
And His Majesty the Emperor of China, the Imperial Commissioners Lü Hai-huan, President of the Board of Public Works, etc., and Sheng Hsuan-huai, Junior Guardian of the Heir Apparent, Senior Vice-President of the Board of Public Works, etc.
Who 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.-Delay having occurred in the past in the issue of Drawback Certificates owing to the fact that those documents have to be dealt with by the Superintendent of Customs at a distance from the Customs Office, it is now agreed that Drawback Certificates shall hereafter in all cases be issued by the Imperial Maritime Customs within three weeks of the presentation to the Customs of the papers entitling the applicant to receive such Drawback Certificates.
These Certificates shall be valid tender to the Customs Authorities in payment of any duty upon goods imported or exported (transit dues excepted), or shall, in the case of Drawbacks on foreign goods re-exported abroad within three years from the date of importation, be payable in cash without deduction by the Customs Bank at the place where the import duty was paid.
But if, in connexion with any application for a Drawback Certificate, the Customs Authorities discover an attempt to defraud the revenue, the applicant shall be liable to a fine not exceeding five times the amount of the duty whereof he attempted to defraud the Customs, or to a confiscation of the goods.
Art. II.-China agrees to take the necessary steps to provide for a uniform national coinage which shall be legal tender in payment of all duties, taxes and other obligations throughout the Empire by British as well as Chinese subjects.
Art. III-China agrees that the duties and lekin combined levied on goods carried by junks from Hongkong to the Treaty Ports in the Canton Province and vice versa, shall together not be less than the duties charged by the Imperial Maritime Customs on similar goods carried by steamer.
Art. IV. Whereas questions have arisen in the past concerning the right of Chinese subjects to invest money in non-Chinese enterprises and companies, and whereas it is a matter of common knowledge that large sums of Chinese capital are so invested, China hereby agrees to recognise the legality of all such investments past, present and future.
It being, moreover, of the utmost importance that all shareholders in a Joint Stock Company should stand on a footing of perfect equality as far as mutual obligations are concerned, China further agrees that Chinese subjects who have or may become share- holders in any British Joint Stock Company shall be held to have accepted, by the very act of becoming shareholders, the Charter of Incorporation or Memorandum and Articles of Association of such Company and regulations framed thereunder as inter- preted by British Courts, and that Chinese Courts shall enforce compliance therewith by such Chinese shareholders, if a suit to that effect be entered, provided always that their liability shall not be other or greater than that of British shareholders in the same Company.
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THE BRITISH COMMERCIAL TREATY WITH CHINA
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Similarly the British Government agree that British subjects investing in Chinese Companies shall be under the same obligations as the Chinese shareholders in such companies.
The foregoing shall not apply to cases which have already been before the Courts and been dismissed.
Art. V.-The Chinese Government undertake to remove within the next two years the artificial obstructions to navigation in the Canton River The Chinese Government also agree to improve the accommodation for shipping in the harbour of Canton and to take the necessary steps to maintain that improvement, such work to be carried out by the Imperial Maritime Customs and the cost thereof to be defrayed by a tax on goods landed and shipped by British and Chinese alike according to a scale to be arranged between the merchants and Customs.
The Chinese Government are aware of the desirability of improving the naviga- bility by steamer of the waterway between Ichang and Chungking, but are also fully aware that such improvement might involve heavy expense and would affect the interests of the population of the provinces of Szechuen, Hunan, and Hupeh. It is, therefore, mutually agreed that until improvements can be carried out steamship owners shall be allowed, subject to approval by the Imperial Maritime Customs, to erect, at their own expense, appliances for heuling through the rapids, Such appliances shall be at the disposal of all vessels, both steamers and junks, subject to regulations to be drawn up by the Imperial Maritime Customs. These appliances shall not obstruct the waterway or interfere with the free passage of junks. Signal stations and channel marks where and when necessary shall be erected by the Imperial Mari- time Customs. Should any practical scheme be presented for improving the waterway and assisting navigation without injury to the local population or cost to the Chinese Government, it shall be considered by the latter in a friendly spirit.
Art. VI.-The Chinese Government agree to make arrangements to give increased facilities at the open ports for bonding and for repacking merchandise in bond, and, on official representation being made by the British Authorities, to grant the privileges of a bonded warehouse to any warehouse which it is established to the satisfaction of the Customs Authorities affords the necessary security to the revenue.
Such warehouses will be subject to regulations, including a scale of fees according to commodities, distance from Custom House and hours of working, to be drawn up by the Customs' Authorities who will meet the convenience of merchants so far as is com- patible with the protection of the revenue.
Art. VII.-Inasmuch as the British Government afford protection to Chinese trade marks against infringement, imitation, or colourable imitation by British subjects, the Chinese Government undertake to afford protection to British trade marks against infringement, imitation, or colourable imitation by Chinese subjects.
The Chinese Government further undertake that the Superintendents of Northern and of Southern trade shall establish offices within their respective jurisdictions under control of the Imperial Maritime Customs where foreign trade marks,may be registered on payment of a reasonable fee.
Art. VIII.-Preamble. The Chinese Government, recognising that the system of levying lekin and other dues on goods at the place of production, in transit, and at destination, impedes the free circulation of commodities and injures the interests of trade, hereby undertake to discard completely those means of raising revenue with the limitation mentioned in Section 8.
The British Government, in return, consent to allow a surtax, in excess of the Tariff rates for the time being in force to be imposed on foreign goods imported by British subjects and a surtax in addition to the export duty on Chinese produce destined for export abroad or coast wise.
It is clearly understood that, after lekin barriers and other stations for taxing goods in transit have been removed, no attempt shall be made to revive them in any form or under any pretext whatsoever; that in no case shall the surtax on foreign imports exceed the equivalent of one and a half times the import duty leviable in terms of the Final Protocel signed by China and the Powers on the 7th day of Sep- tember, 1901; that payment of the import duty and surtax shall secure for foreign imports, whether in the hands of Chinese or non-Chinese subjects, in original packages or otherwise, complete immunity from all other taxation, examination or delay; that the total amount of taxation leviable on native produce for export abroad shall, under no circumstances, exceed 74 per cent, ad valorem.
Keeping these fundamental principles steadily in view, the High Contracting Parties have agreed upon the following methods of procedure. O
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THE BRITISH COMMERCIAL TREATY WITHI CHINA
Bection 1.-The Chinese Government undertake that all barriers of whatsover kind, collecting lekin or such like dues or duties, shall be permanently abolished on all roads, railways, and waterways in the Eighteen Provinces of China and the Three Eastern Provinces. This provision does not apply to the Native Custom Houses at present in existence on the seaboard or waterways, at Open Ports, on land routes, and on land frontiers of China.
Section 2.-The British Government agree that foreign goods on importation, in addition to the effective 5 per cent. import duty as provided for in the Protocol of 1901, shall pay a special surtax equivalent to one and a half times the said duty to com- pensate for the abolition of lekin, of transit dues in lieu of lekin, and of all other taxation on foreign goods, and in consideration of the other reforms provided for in this Article; but this provision shall not impair the right of China to tax salt, native opium and native produce as provided for in Sections 3, 5, 6 and 8.
The same amount of surtax shall be levied on goods imported into the Eighteen Provinces of China and the Three Eastern Provinces across the land frontiers as on goods entering China by sea.
Section 3.-All Native Custom Houses now existing, whether at the Open Ports, on the seaboard, on rivers, inland waterways, land routes or land frontiers, as enumerat- ed in the Hu Pu and Kung Pu Tse Li (Regulations of the Boards of Revenue and Works) and Ta Ch'ing Hur Tien (Dynastic Institutes), may remain; a list of the same, with their location, shall be furnished to the British Government for purposes of record.
Wherever there are Imperial Maritime Custom Houses, or wherever such may be hereafter placed, Native Custom Houses may be also established; as well as at any points either on the seaboard or land frontiers.
The location of Native Custom Houses in the Interior may be changed as the circumstances of trade seem to require, but any change must be communicated to the British Government, so that the list may be corrected; the originally stated number of them shall not, however, he exceeded.
Goods carried by junks or sailing-vessels trading to or from Open Ports shall not pay lower duties than the combined duties and surtax on similar cargo carried by
steamers.
Native produce, when transported from one place to another in the Interior, shall, on arrival at the first Native Custom House after leaving the place of production, pay duty equivalent to the export surtax mentioned in Section 7.
When this duty has been paid, a certificate shall be given which shall describe the nature of the goods, weight, number of packages, etc., amount of duty paid and intended destination. This certificate, which shall be valid for a fixed period of not less than one year from date of payment of duty, shall free the goods from all taxation, examina- tion, delay, or stoppage at any other Native Custom Houses passed en route.
If the goods are taken to a place not in the foreign settlements or concessions of an Open Port, for local use, they become there liable to the Consumption Tax described in Section 8.
If the goods are shipped from an Open Port, the certificate is to be accepted by the Custom House concerned, in lieu of the Export Surtax mentioned in Section 7.
Junks, boats, or carts shall not be subjected to any taxation beyond a small and reasonable charge, paid periodically at a fixed annual rate. This does not exclude the right to levy, as at present, tonnage (Chuan Chao) and port dues (Chuan Liao) on junks. Section 4.-Foreign opium duty and present lekin which latter will now become a surtax in lieu of lekin-shall remain as provided for by existing treaties.
Section 5.--The British Government have no intention whatever of interfering with China's right to tax native opium, but it is essential to declare that, in her arrangements for levying such taxation, China will not subject other goods to taxation, delay, or stoppage.
China is free to retain at important points on the borders of each province-either on land or water--offices for collecting duty on native opium, where duties or contribu- tions leviable shall be paid in one lump sum; which payment shall cover taxation of all kinds within that province. Each cake of opium will have a stamp affixed as evidence of duty payment. Excise officers and police may be employed in connection with these offices; but no barriers or other obstructions are to be erected, and the excise officers or police of these offices shall not stop or molest any other kinds of goods, or collect taxes thereon.
A list of these offices shall be drawn up and communicated to the British Govern- ment for record.
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Section 6.-Lekin on salt is hereby abolished and the amount of said lekin and of other taxes and contributions shall be added to the salt duty, which shall becollected at place of production or at first station after entering the province where it is to be con sumed.
The Chinese Government shall be at liberty to establish salt reporting offices at which boats conveying salt which is being moved under salt passes or certificates may be required to stop for purposes of examination and to have their certificates miséd, but at such offices no lékin or transit taxation shall be levied and no barriers or obstructions . of any kind shall be erected.
Section 7.--The Chinese Government may recast the Export Tariff with specific duties as far as practicable, on a scale not exceeding five per cent, ad valorem ; but existing export duties shall not be raised until at least six months' notice has been given.
In cases where existing export duties are above five per cent. they shall be reduced to not more than that rate.
An additional special surtax of one half the export duty payable for the time being, in lieu of internal taxation and lekin, may be levied at time of export on goods export- ed either to foreign countries or constwise.
In the case of silk, whether hand or filature reeled, the total export duty shall not exceed a specific rate equivalent to not more than five per cent. ad valorem. Half of this specific duty may be levied at the first Native Custom House in the interior which the silk may pass and in such case a certificate shall be given as provided for in section 3, and will be accepted by the Custom House concerned at place of export in lieu of half the export duty. Cocoons passing Native Custom Houses shall be liable to no taxation whatever. Silk not exported but consumed in China is liable to the consump- tion tax mentioned and under conditions mentioned in section 8.
Section 8.-The abolition of the lekin system in China and the abandonment of all other kinds of internal taxation on foreign imports and on exports will diminish the revenue materially. The surtax on foreign imports and exports and on coastwise exports is intended to compensate in a measure for this loss of revenue, but there remains the loss of lekin revenue on internal trade to be met, and it is therefore agreed that the Chinese Government are at liberty to impose a Consumption Tax on articles of Chinese origin not intended for export.
This tax shall be levied only at places of consumption and not on goods while in transit, and the Chinese Government solemnly undertake that the arrangements which they may make for its collection shall in no way interfere with foreign goods or with native goods for export. The fact of goods being of foreign origin shall of itself free them from all taxation, delay, or stoppage, after having passed the Custom House.
Foreign goods which bear a similarity to native goods shall be furnished by the Custom House, if required by the owner, with a protective certificate for each package, on payment of import duty and surtax, to prevent the risk of any dispute in the interior.
Native goods brought by junks to Open Ports, if intended for local consumption- irrespective of the nationality of the owner of the goods--shall be reported at the Native Custom House only, where the consumption tax may be levied.
China is at liberty to fix the amount of this (consumption) tax, which may vary according to the nature of the merchandise concerned, that is to say, according as the articles are necessaries of life or luxuries; but it shall be levied at a uniform rate on goods of the same description, no matter whether carried by junk, sailing-vessel, or steamer. As mentioned in Section 3, the Consumption Tax is not to be levied within foreign settlements or concessions.
Section 9-An excise equivalent to double the import duty as laid down in the Protocol of 1901 is to be charged on all machine-made yarn and cloth manufactured in China, whether by foreigners at the Open Ports or by Chinese anywhere in China.
A rebate of the import duty and two-thirds of the Import Surtax is to be given on raw cotton imported from foreign countries, and of all duties, including Consump- tion Tax, paid on Chinese raw cotton used in mills in China.
Chinese machine-made yarn or cloth having paid excise is to be free of Export Duty, Export Surtax, Coast Trade Duty, and Consumption Tax. This Excise is to be collected through the Imperial Maritime Customs,
The same principal and procedure are to be applied to all other products of foreign type turned out by machinery, whether by foreigners at the Open Ports or by Chinese anywhere in China.
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THE BRITISH COMMERCIAL TREATY WITH CHINA
This stipulation is not to apply to the outturn of the Hanyang and Ta Yeh Iron Works in Hupeh and other similar existing Government Works at present exempt from taxation; or to that of Arsenals, Government Dockyards, or establishments of that nature for Government purposes which may hereafter be erected.
Section 10.-A member or members of the Imperial Maritime Customs Foreign Staff shall be selected by each of the Governors-General and Governors, and appointed, in consultation with the Inspector-General of Imperial Maritime Customs to each province for duty in connection with Native Customs affairs, Consumption Tax, Salt and Native Opium Taxes. These officers shall exercise an efficient supervision of the working of these departments and in the event of their reporting any case of abuse, illegal exaction, obstruction to the movement of goods, or other cause of complaint, the Governor-General or Governor concerned will take immediate steps to put an end to
same.
Section 11.-Cases where illegal action as described in this article is complained of shall be promptly investigated by an officer of the Chinese Government of sufficiently high rank, in conjunction with a British officer and an officer of the Imperial Maritime Customs, each of sufficient standing; and in the event of its being found by a majority of the investigating officers that the complaint is well founded and loss has been incurred, due compensation is to be at once paid from the Surtax funds, through the Imperial Maritime Customs at the nearest open port. The High Provincial Officials are to be held responsible that the officer guilty of the illegal action shall be severely punished and removed from his post.
If the complaint turns out to be without foundation, complainant shall be held responsible for the expenses of the investigation.
His Britannic Majesty's Minister will have the right to demand investigation where from the evidence before him he is satisfled that illegal exactions or obstructions have occurred.
Section 12.-The Chinese Government agree to open to foreign trade, on the same footing as the places opened to foreign trade by the Treaties of Nanking and Tientsin, the following places, namely :-
Ch'angsha in Hunan;
Wanhsien in Szechuen;
Nganking in Anhui ;
Waichow (Hui-chow) in Kuangtung; and
Kongmoon (Chiang-mên) in Kuangtung
Foreigners residing in these Open Ports are to observe the Municipal and Police Regulations on the same footing as Chinese residents, and they are not to be entitled to establish Municipalities and Police of their own within the limits of these Treaty Ports except with the consent of the Chinese authorities.
If this Article does not come into operation the right to demand under it the opening of these ports, with the exception of Kongmoon, which is provided for in Article 10, shall lapse.
Section 13.-Subject to the provisions of Section 14, the arrangements provided for in this Article are to come into force on 1st January, 1904.
By that date all lekin barriers shall be removed and officials employed in the collection of taxes and dues prohibited by this Article shall be removed from their posts.
Section 14.-The condition on which the Chinese Government enter into the present engagement is that all Powers entitled to most favoured nation treatment in China enter into the same engagements as Great Britain with regard to the payment of surtaxes and other obligations imposed by this Article on His Britannic Majesty's Government and subjects.
The conditions on which His Britannic Majesty's Government enter into the present engagement are :-
(1.) That all Powers who are now or who may hereafter become entitled to most favoured nation treatment in China enter into the same engagements;
(2.) And that their assent is neither directly nor indirectly made dependent on the granting by China of any political concession, or of any exclusive commercial concession. Section 15.--Should the Powers entitled to most favoured nation treatment by China have failed to agree to enter into the engagements undertaken by Great Britain under this Article by the 1st January, 1904, then the provisions of the Article shall only come into force when all the Powers have signified their acceptance of these engagements.
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Section 16.-When the abolition of lekin and other forms of internal taxation on goods as provided for in this Article has been decided upon and sanctioned, an Imperial Edict shall be published in due form on yellow paper and circulated, setting forth the abolition of all lekin taxation, lekin barriers and all descriptions of internal taxation on goods, except as provided for in this Article.
The Edict shall state that the Provincial High Officials are responsible that any official disregarding the letter or spirit of its injunction shall be severely punished and removed from his post.
Art. IX.-The Chinese Government, recognising that it is advantageous for the country to develop its mineral resources, and that it is desirable to attract foreign as well as Chinese capital to embark in mining enterprises, agree within one year from the signing of this Treaty to initiate and conclude the revision of the existing Mining Regulations. China will, with all expedition and earnestness, go into the whole question of Mining Rules and, selecting from the rules of Great Britain, India, and other countries, regulations which seem applicable to the condition of China, she will recast her present Mining Rules in such a way as while promoting the interests of Chinese subjects and not injuring in any way the sovereign rights of China, shall offer no impediment to the attraction of foreign capital or place foreign capitalists at a greater disadvantage than they would be under generally accepted foreign regulations. Any mining concession granted after the publication of these new Rules shall be subject to their provisions.
Art. X.-Whereas in the year 1898 the Inland Waters of China were opened to all such steam vessels, native or foreign, as might be especially registered for that trade at the Treaty Ports, and whereas the Regulations dated 28th July, 1898, and Supple- mentary Rules dated September, 1898, have been found in some respects inconvenient in working, it is now mutually agreed to amend them and to annex such new Rules to this Treaty. These Rules shall remain in force until altered by mutual consent.
It is further agreed that Kongmoon shall be opened as a Treaty Port, and that, in addition to the places named in the special Article of the Burmah Convention of 4th February, 1897, British steamers shall be allowed to land or ship cargo and passengers, under the same regulations as apply to the "Ports of Call " on the Yangtze River, at the following "Ports of Call": Pak Tau Hau (Pai-t'u k'ou), Lo Ting Hau (Lo-ting k'ou), and Do Sing (Tou-ch'êng); and to land or discharge passengers at the following ten passenger landing stages on the West River :-Yung Ki (Jung-chi), Mah Ning (Ma- ning), Kau Kong (Chiu-chiang), Kulow (Ku-lao), Wing On (Yung-an), How Lik (Hou- li), Luk Pu (Lu-pu), Yuet Sing (Yüeh-ch'eng), Luk To (Lu-tu) and Fung Chuen (Fêng- ch nan).
Art. XI-His Britannic Majesty's Government agree to the prohibition of the general importation of morphia into China, on condition, however, that the Chinese Government will allow of its importation, on payment of the Tariff import duty and under special permit, by duly qualified British medical practitioners and for the use of hospitals, or by British chemists and druggists who shall only be permitted to sell it in small quantities and on receipt of a requisition signed by a duly qualified foreign medical practitioner.
The special permits above referred to will be granted to an intending importer on his signing a bond before a British Consul guaranteeing the fulfilment of these conditions. Should an importer be found guilty before a British Consul of a breach of his bond, he will not be entitled to take out another permit. Any British subject importing morphia without a permit shall be liable to have such_morphia confiscated. This Article will come into operation on all other Treaty Powers agreeing to its conditions, but any morphia actually shipped before that date will not be affected by this prohibition.
The Chinese Government on their side undertake to adopt measures at once, to prevent the manufacture of morphia in China.
Art. XII.-China having expressed a strong desire to reform her judicial system and to bring it into accord with that of Western nations, Great Britain agrees to give every assistance to such reform, and she will also be prepared to relinquish her extra-territorial rights when she is satisfied that the state of the Chinese laws, the arrangeinent for their administration and other considerations warrant her in so doing. Art. XIII.-The missionary question in China being, in the opinion of the Chinese Government, one requring careful consideration, so that, if possible, troubles such as have occurred in the past may be averted in the future, Great Britain agrees to join in a Commission to investigate this question, and, if possible, to devise means for securing permanent peace between converts and non-converts, should such a Commission be formed by China and the Treaty Powers interested.
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THE BRITISH COMMERCIAL TREATY WITH CHINA
"
Art. XIV. Whereas under Rule V. appended to the Treaty of Tientsin of 1858- British merchants are permitted to export rice and all other grain from one port of China to another under the same conditions in respect of security as copper "cash,' it is now agreed that in cases of expected scarcity or famine from whatsover cause în any district, the Chinese Government shall, on giving twenty-one days' notice, be at liberty to prohibit the shipment of rice and other grain from such district.
Should any vessel specially chartered to load rice or grain previously contracted for have arrived at her loading port prior to or on the day when a notice of prohibition to export comes into force, she shall be allowed an extra week in which to ship her cargo. If, during the existence of this prohibition, any shipment of rice or grain is allowed by the authorities, the prohibition shall, ipso facto, be considered cancelled and shall not be re-imposed until six weeks' notice has been given.
When a prohibition is notified, it will be stated whether the Government have any Tribute or Army Rice which they intend to ship during the time of prohibition, and if
the quantity shall be named.
So,
Such rice shall not be included in the prohibition, and the Customs shall keep & record of any Tribute or Army Rice so shipped or landed.
The Chinese Government undertake that no rice, other than Tribute or Army Rice belonging to the Government, shall be shipped during the period of prohibition.
Notifications of prohibitions, and of the quantities of Army or Tribute Rice for shipment shall be made by the Governors of the Provinces concerned.
Similarly, notifications of the removals of prohibitions shall be made by the same authorities.
The export of rice and other grain to foreign countries remains prohibited.
Art XV-It is agreed that either of the High Contracting Parties to this Treaty may demand a revision of the Taaiff at the end of 10 years ; but if no demand be made on either side within 6 months after the end of the first 10 years, then the Tariff shall remain in force for 10 years more, reckoned from the end of the preceding 10 years ; and so it shall be at the end of each successive 10 years.
Any Tariff concession which China may hereafter accord to articles of the produce or manufacture of any other State shall iminediately be extended to similar articles of the produce or manufacture of His Britannic Majesty's Dominions by whomsoever imported.
Treaties already existing between the United Kingdom and China shall continue in force in so far as they are not abrogated or modified by stipulations of the present Treaty.
Art. XVI-The English aud Chinese Texts of the present Treaty have been care- fully compared, but in the event of there being any difference of meaning between them, the sense as expressed in the English text shall be held to be the correct sense.
The ratifications of this Treaty, under the hand of His Majesty the King of Great Britain and Ireland and of His Majesty the Emperor of China respectively 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, two copies in English and two in Chinese.
Done at Shangnai this fifth day of September in the year of Our Lord, 1902: corresponding with the Chinese date, the fourth day of the eighth moon of the twenty- eighth year of Kwang Hsü.
(L.S.)
JAS. L. MACKAY.
ANNEX A-(1.)
(TRANSLATION).
LU, President of the Board of Work ;
SHENG, Junior Guardian of the Heir Apparent, Vice-President of the Board of Works;
Imperial Chinese Commissioners, for dealing with questions connected with the Commercial Treaties, to
Sir JAMES MACKAY, His Britannic Majesty's Special Commissioner for the dis- cussion of Treaty matters.
Shanghai: K. H. XXVIII., 7th moon, 11th day.
(Received August 15, 1902.)
We have the honour to inform you that we have received the following telegram from His Excellency Liu, Governor General of the Liang Chiang, on the subject of Clause II, mutually agreed upon by us :
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"As regards this clause, it is necessary to insert therein a clear stipulation, to the "effect that, no matter what changes may take place in the future, all Customs' duties must continue to be calculated on the basis of the existing higher rate of the Haikwan Tael over the Treasury Tael, and that 'the touch' and weight of the former must be -made good."
As we have already arranged with you that a declaration of this kind should be embodied in an official Note, and form an annex to the present Treaty, for purposes of record, we hereby do ourselves the honour to make this conmunication.
ANNEX A-(2.)
Shanghai, August 18th, 1902.
GENTLEMEN,
I have the honour to acknowledge the receipt of your despatch of the 14th instant forwarding copy of a telegram from His Excellency Liu, Governor-General of the Liang Chiang, on the subject of Article II of the new Treaty, and in reply I have the honour to state that His Excellency's understanding of the Article is perfectly correct.
I presume the Chinese Government will make arrangements for the coinage of a national silver coin of such weight and touch as may be decided upon by them. These coins will be made available to the public in return for a quantity of silver bullion of equivalent weight and fineness plu.; the usual mintage charge.
The coins which will become the national coinage of China will be declared by the Chinese Government to be legal tender in payment of Customs duty and in discharge of obligations contracted in Haikwan taels, but only at their proportionate value to the Haikwan tael, whatever that may be.
Their Excellencies
I have the honour to be,
Gentlemen,
Your obedient Servant,
(Signed)
LC HAI-HUAN and SHENG HSÜAN-HUAI,
JAS. L. MACKAY.
etc.,
etc.,
etc.
ANNEX B.-(1).
(TRANSLATION).
Le, President of the Board of Works ;
SHENG, Junior Guardian of the Heir Apparent, Vice-President of the Board of Works;
Imperial Chinese Commissioners for dealing with questions connected with the Commercial Treaties, to
SIR JAMES L. MACKAY, His Britannic Majesty's Special Commissioner.
Shanghai, September 2nd, 1902. We have the honour to inform you that on the 22nd of August, we, in conjunction with the Governors-General of the Liang Chiang and the Hu-kuang Provinces, Their Excellencies Liu and Chang, addressed the following telegraphic Memorial to the
Throne:
"Of the revenue of the different Provinces derived from lekin of all kinds, a *portion is appropriated for the service of the foreign loans, a portion for the Peking Government, and the balance is reserved for the local expenditure of the Provinces concerned.
"In the negotiations now being conducted with Great Britain for the amendment of the Commercial Treaties, a mutual arrangement has been come to providing for "the imposition of additional taxes, in compensation for the abolition of all kinds of
·lekin and other imposts on goods, prohibited by Article VIII, After payment of "interest and sinking fund on the existing foreign loan, to the extent to which lekin "is thereto pledged, these additional taxes shall be allocated to the various Provinces to make up deficiencies and replace revenue, in order that no hardships may be *entailed on them. With a view to preserving the original intention underlying the proposal to increase the duties in compensation for the loss of revenue derived from "lkin and other imposts on goods, it is further stipulated that the surtaxes shall not 'be appropriated for other purposes, shall not form part of the Imperial Maritime "Customs revenue proper, and shall in no case be pledged as security for any new "foreign loan.
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THE BRITISH COMMERCIAL TREATY WITH CHINA
"It is therefore necessary to memorialize for the issue of an Edict, giving "effect to the above stipulations and directing the Board of Revenue to find out what proportion of the provincial revenues derived from lekin of all kinds, now about to be abolished, each Province has hitherto had to remit, and what proportion__it "has been entitled to retain, so that, when the Article comes into operation, due apportionment may be made accordingly, thus providing the Provinces with funds "available for local expenditure and displaying equitable and just treatment towardsall." On the 1st instant an Imperial Decree "Let action, as requested, be taken," was issued, and we now do ourselves the honour reverently to transcribe the same for your information.
GENTLEMEN,
ANNEX B-(2).
Shanghai, September 5th, 1902.
I have the honour to acknowledge the receipt of your despatch of the 2nd instant forwarding the text of the Memorial and Decree dealing with the disposal of the surtaxes. I understand that the surtaxes in addition to not being pledged for any new foreign loan are not to be pledged to, or held to be security for, liabilities already con- tracted by China except in so far as lekin revenue has alr.ady been pledged to an existing loan.
I also understand from the Memorial that the whole of the surtaxes provided by Article VIII. of the New Treaty goes to the Provinces in proportions to be agreed upon between them and the Board of Revenue, but that out of these surtaxes each Province is obliged to remit to Peking the same contribution as that which it has hitherto remit- ted out of its lekin collections, and that the Provinces also provide as hitherto out of these surtaxes funds whatever may be necessary for the service of the foreign loan to which lekin is partly pledged.
I hope Your Excellencies will send me a reply to this despatch and that you will agree to this correspondence forming part of the Treaty as an Annex.
Their Excellencies,
I have the honour to be,
Gentlemen,
Your obedient servant,
(Signed)
JAS. L. MACKAY.
LU HAI-HUAN and SHÊNG HSUAN-HUAI,
etc.,
etc.,
etc.
ANNEX B-(3).
(TRANSLATION).
LU, President of the Board of Works;
SHENG, Junior Guardian of the Heir Apparent, Vice-President of the Board of Works;
Imperial Chinese Commissioners for dealing with questions connected with the Commercial Treaties, to
SIR JAMES L. MACKAY, His Britannic Majesty's Special Commissioner.
Shanghai, September 5th, 1902. We have the honour to acknowledge the receipt of your communication of to-day's date with regard to the allocation of the surtax funds allotted to the Provinces, and "to inform you that the views therein expressed are the same as our own.
We would, however, wish to point out that, were the whole amount of the alloca- tion due paid over to the Provinces, unnecessary expense would be incurred in the retransmission by them of such portions thereof as would have to be remitted to Peking in place of the contributions hitherto payable out of lekin revenue. The amount, therefore, of the allocation due to the Provinces, arranged between them and the Board of Revenue, will be retained in the hands of the Maritime Customs, who will await the instructions of the Provinces in regard to the remittance of such portion thereof as may be necessary to fulfil their obligations, and (on receipt of these instructions) will send forward the amount direct. The balance will be held to the order of the Provinces.
In so far as lekin is pledged to the service of the 1898 loan, a similar method of procedure will be adopted.
As you request that this correspondence be annexed to the Treaty, we have the
honour to state that we see no objection to this being done. Oogle
THE BRITISH COMMERCIAL TREATY WITH CHINA
ANNEX C.
INLAND WATERS STEAM NAVIGATION.
ADDITIONAL RULES.
53
1.-British steamshipowners are at liberty to lease warehouses and jetties on the banks of waterways from Chinese subjects for a term not exceeding 25 years, with option of renewal on terms to be mutually arranged. In cases where British mer- chants are unable to secure warehouses and jetties from Chinese subjects on satis- factory terms, the local officials, after consultation with the Minister of Commerce, shall arrange to provide these on renewable lease as above mentioned at current equitable rates.
2-Jetties shall only be erected in such positions that they will not obstruct the inland waterway or interfere with navigation, and with the sanction of the nearest Commissioner of Customs; such sanction, however, shall not be arbitrarily withheld.
3.-British merchants shall pay taxes and contributions on these warehouses and jetties on the same footing as Chinese proprietors of similar properties in the neigh- bourhood. British merchants may only employ Chinese agents and staff to reside in warehouses so leased at places touched at by steamers engaged in inland traffic to carry on their business; "but British merchants may visit these places from time to time to look after their affairs. The existing rights of Chinese jurisdiction over Chinese subjects shall not by reason of this clause be diminished or interfered with in
any way.
4. Steam vessels navigating the inland waterways of China shall be respon- sible for loss caused to riparian proprietors by damage which they may do to the banks or works on them and for the loss which may be caused by such damage. In the event of China desiring to prohibit the use of some particular shallow water- way by launches, because there is reason to fear that the use of it by them would be likely to injure the banks and cause damage to the adjoining country, the British authorities, when appealed to, shall, if satisfied of the validity of the objection, prohibit the use of that waterway by British launches, provided that Chinese laun- ches are also prohibited from using it.
Both Foreign and Chinese launches are prohibited from crossing dains and weirs at present in existence on inland waterways where they are likely to cause injury to such works, which would be detrimental to the water service of the local people.
5.-The main object of the British Government in desiring to see the inland waterways of China opened to steam navigation being to afford facilities for the rapid transport of both foreign and native merchandise, they undertake to offer no impedi- ment to the transfer to a Chinese company and the Chinese flag of any British Steam which may now or hereafter be employed on the inland waters of China, should owner be willing to make the transfer.
In event of a Chinese company registered under Chinese law being formed to run steamers on the inland waters of China the fact of British subjects holding shares in such a company shall not entitle the steamers to fly the British flag.
6.-Registered steamers and their tows are forbidden, just as junks have always been forbidden, to carry contraband goods. Infraction of this rule will entail the penalties prescribed in the treaties for such an offence, and cancellation of the inland Waters Navigation Certificate carried by the vessels, which will be prohibited from thereafter plying on inland waters.
7.-As it is desirable that the people living inland should be disturbed as little as possible by the advent of steam vessels to which they are not accustomed, inland waters not hitherto frequented by steamers shall be opened as gradually as may be convenient to merchants and only as the owners of steamers may see prospects of re- munerative trade.
+
In cases where it is intended to run steam vessels on waterways on which such vessels have not hitherto run, intimation shall be made to the Commissioner of Customs at the nearest open port who shall report the matter to the Ministers of Commerce. The latter in conjunction with the Governor-General or Governor of the Province, after careful consideration of all the circumstances of the case, shall at once give their approval.
8.-A registered steamer may ply within the waters of a port, or from one open port or ports to another open port or ports, or from one open port or ports to places inland, and thence back to such port or ports. She may, on making due report to the Customs, land or ship passengers or cargo at any recognised places of trade passed in the course of the voyage; but may not ply between inland placesexclusively except with the consent of the Chinese Government.
Digitized by
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THE BRITISH COMMERCIAL TREATY WITH CHINA
9.--Any cargo and passenger boats may be towed by steamers. The helmsman and crew of any boat towed shall be Chinese. All boats, irrespective of ownership, must be registered before they can proceed inland.
10. These Rules are supplementary to the Inland Steam Navigation Regulations of July and September, 1898. The latter, where untouched by the present Rules, remain in full force and effect but the present Rules hold in the case of such of the former Regulations as the present Rules affect. The present Rules, and the Regulations of July and September, 1898, to which they are supplementary, are provisional, and may be modified, as circumstances require, by mutual consent.
Done at Shanghai this fifth day of September in the year of Our Lord, 1902; cor- responding with the Chinese date, the fourth day of the eighth moon of the twenty- eighth year of Kwang Hsü.
(L.S.)
JAS. L. MACKAY.
Digitized by
Google
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.
two
Art. II.-In order to maintain the peace so happily re-established between the 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
56
TREATY BETWEEN FRANCE AND CHINA
it shall please the Emperor of China to accredit to His Majesty the Emperor of the French, shall be received in France with all the honours and prerogatives which the diplomatic agents of other nations accredited to the court of His Majesty the Emperor of the French enjoy.
Art. III.-The official communications of the French diplomatic and consular agents with the Chinese authorities shall be written in French, but shall be accom- panied, to facilitate the service, by a Chinese translation, as exact as possible, until such time as the Imperil Government at Peking, having interpreters speaking and writing French correctly, diplomatic correspondence shall be conducted in this language by the French agents and in Chinese by the officers of the empire. It is agreed that until then, and in case of difference in the interpretation, in reference to the French text and Chinese text of the clauses heretofore agreed upon in the conventions made by common accord, it shall always be the original text and not the translation which shall be held correct. This provision applies to the present treaty, and in the communications between the authorities of the two countries it shall always be the original text, not the translation, which shall be held correct.
Art. IV.-Henceforth the official correspondence between the authorities and the officers of the two countries shall be regulated according to their respective ranks and conditions and upon the basis of the most absolute reciprocity. This correspondence shall take place between the high French officers and high Chinese officers, in the capital or elsewhere, by dispatch or communication; between the French sub- ordinate officers and the high authorities in the provinces, on the part of the former by statement, and on the part of the latter by declaration.
Between the officers of lower rank of the two nations, as above provided, on the footing of a perfect equality.
Merchants and generally all persons not having au 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, shall follow a similar course towards the Chinese authority, who shall act in the same manner.
Art. V. His Majesty the Emperor of the French may appoint Consuls or Con- sular Agents in the coast and river ports of the Chinese empire named in Article VI. of the present treaty to conduct the business between the Chinese authorities and French merchants and subjects and to see to the strict observance of the stipulated rules. These officers shall be treated with the consideration and regard which are due to them. Their relations with the authorities of the place of their residence shall be established on the footing of the most perfect 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, Foochowle With regard to
TREATY BETWEEN FRANCE AND CHINA
57
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 coufiscation 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 permission to remain a sufficient time to obtain another passport from the Consul, be conducted to the nearest consulate and shall not be maltreated or insulted in any 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 1orce, 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 mere fact of their being placed in execution.
Art. X.-Any French subject who, conformably to the stipulations of Article VI. of the present treaty, shall arrive at one of the ports open to foreign trade, may, whatever may be the length of his sojourn, rent houses and warehouses for the disposal of his merchandise, or lease land and himself build houses and warehouses. French subjects may, in the same manner, establish churches, hospitals, religious houses, schools, and cemeteries. To this end the local authority, after having agreed with the Consul, shall designate the quarters most suitable for the residence of the French and the sites on which the above mentioned structures may have place.
The terms of rents and leases shall be freely discussed between the interested parties and regulated, as far as possible, according to the average local rates.
The Chinese authorities shall prevent their nationals from exacting or requiring exorbitant prices, 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-
58
TREATY BETWEEN FRANCE AND CHINA
the Chinese language and any other language or dialect used in the empire, as also to secure their aid in scientific or literary works. Equally they may teach to Chinese subjects their own or foreign languages and sell without obstacle French books or themselves purchase Chinese books of all descriptions.
Art. XII.-Property of any kind appertaining to French subjects in the Chinese empire shall be considered by the Chinese inviolable and shall always be respected by them. The Chinese authorities shall not, under any circumstances whatever, place French vessels under embargo nor put them under requisition for any service, be it public or private.
Art. XIII The Christian religion having for its essential object the leading of men to virtue, the members of all Christian communities shall enjoy entire security for their persons and property and the free exercise of their religion, and efficient protection shall be given the missionaries who travel peaceably in the interior furnished with passports as provided for in Article VIII.
No hindrance shall be offered by the authorities of the Chinese Empire to the recognised right of every individual in China to embrace, if he so pleases, Chris- tianity and to follow its practices without being liable to any punishment therefor.
All that has previously been written, proclaimed, or published in China by order of the Government against the Christian religion is completely abrogated and remains null and void in all provinces of the empire.
Art. XIV.-No privileged commercial society shall henceforward be established in China, and the same shall apply to any organised coalition having for its end the exercise of a monopoly of trade. In case of the contravention of the present article the Chinese Authorities, on the representation of the Consul or Consular Agent, shall advise as to the means of dissolving such associations, of which they are also bound to prevent the existence by the preceding prohibitions, so as to remove all that may stand in the way of free competition.
Art. XV.-When a French vessel arrives in the waters of one of the ports open to foreign trade she shall be at liberty to engage any pilot to take her immediately into the port, and, in the same manner, when, having discharged all legal charges she shall be ready to put to sea, she shall not be refused pilots to enable her to leave the port without hindrance or delay.
Any individual who wishes to exercise the profession of pilot for French vessels may, on the presentation of three certificates from captains of ships, be commissioned by the French Consul in the same manner as shall be in use with other nations.
The remuneration 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 captain or consignee. Every contravention of this provision shall entail a punishment proportionate to the amount exacted, whicth also shall be returned in full.
Art. XVII.-Wihin 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
59
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 te 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 ighters 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 tervention 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 knowledge to protest 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 inerchant 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
ared 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- fionate 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 eirher 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
60
TREATY BETWEEN FRANCE AND CHINA
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 tous and upwards at the rate of four mace per ton; vessels of less than one hundred and fifty tons mea- surement at the rate of one mace per ton.
Any vessel clearing from any of the open ports of China for any other of the open ports, or trading between China and such ports in Cochin-China as belong to France, or any port in Japan, shall be entitled, on application of the master, to a special certificate from the Superintendent of Customs, on exhibition of which the said vessel shall be 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
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Substituted for the original article in 1865.
TREATY BETWEEN FRANCE AND CHINA
61
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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, shall be seized by the local authority and confiscated to the profit of the Chinese Government. Further, the latter may, if it see fit, interdict the re-entry to China of the vessel taken in contravention and compel it to leave immediately after the settle- ment of its accounts.
If any foreign vessel fraudulently makes use of the French flag the French Government shall take the necessary measures for the repression of this abuse.
Art. XXIX.-His Majesty the Emperor of the French may station a vessel of war in any principal port of the empire where its presence may be considered necessary to maintain good order and discipline amongst the crews of merchant vessels and to facilitate the exercise of the Consular authority; all necessary measures shall be taken to provide that the presence of these vessels of war shall entail no inconvenience, and their commanders shall receive orders to cause to be 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 French vessel of war cruising for the protection of commerce shall be received as a friend and treated as such in all the ports of China which it shall enter. These vessels may there procure the divers articles of refitting and victualling of which they shall have need, and, if they have suffered damage, may repair there and purchase the materials necessary for such repair, the whole without the least opposition.
The same shall apply to French trading ships which in consequence of great damage or any other reason may be compelled to seek refuge in any port whatsoever
of China.
If a vessel be wrecked on the coast of China, the nearest Chinese authority, on being informed of the occurrence, shall immediately send assistance to the crew, provide for their present necessities, and take the measures immediately necessary
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TREATY BETWEEN FRANCE AND CHINA
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 débris of the ship and cargo.
Art. XXXI.-Should China be at war with another power, this circumstance shall not in any way interfere with the free trade of French with China or with the opposing nation. French vessels may always, except in the case of effective blockade, sail without obstacle from the ports of the one to the ports of the other, trade in the ordinary manner, and import and export every kind of merchandise not prohibited.
Art. XXXII.-Should sailors or other persons desert from French ships-of-war, or leave French trading vessels, the Chinese authority, on the requisition of the Consul, or failing the Consul that of the captain, shall at once use every means to discover and restore the aforesaid fugitives into the hands of one or the other of them. In the same manner, if Chinese deserters or persons accused of any crime take refuge in French houses or on board of French vessels, the local authority shall address the Consul, who, ou proof of the guilt of the accused, shall immediately take the measures necessary for their extradition. Each party shall carefully avoid concealment and connivance.
Art. XXXIII.-When sailors come on shore they shall be under special dis- ciplinary regulations framed by the Consul and communicated to the local authority, in order to prevent as far as possible all occasion of quarrel between French sailors and the people of the country.
Art. XXXIV.-In case of French trading vessels being attacked or pillaged by pirates within Chinese waters, the civil and military authorities of the nearest place, upon learning of the occurrence, shall actively pursue the authors of the crime and shall neglect nothing to secure their arrest and punishment, according to law. The pirated goods, in whatever place or state they may be found, shall be placed in the hands of the Consul, who shall restore them to the owners. If the criminals cannot be seized, or the whole of the stolen property cannot be recovered, the Chinese officials shall suffer the penalty inflicted by the law in such circumstances, but they shall not be held pecuniarily responsible.
Art. XXXV.-When a French subject shall have a complaint to make or claim to bring against a Chinese, he shall first state his case to the Consul, who, after having examined the affair, will endeavour to arrange it amicably.
In the same manner, when a Chinese has to complain of a French subject, the Consul shall attentively hear his claim and endeavour to bring about an amicable arrangement. But if in either case this be impossible, the Consul shall invoke the assistance of a competent Chinese official, and these two, after having conjointly examined the affair, shall decide it equitably.
Art. XXXVI.-If hereafter French subjects suffer damage, or are subjected to any insult or vexation by Chinese subjects, the latter shall be pursued by the local authority, who shall take the necessary measures for the defence and pro- tection of French subjects; if illdoers or auy 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.
TREATY BETWEEN FRANCE AND CHINA
63
In case of fraud or nou-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 matters antecedent to the events at Canton and the expense caused by them to the Government of His Majesty the Emperor of the French.
Art. XLII.-The ratifications of the present treaty of friendship, commerce, and navigation shall be exchanged at Peking within one year after the date of signature, or sooner if possible.
After the exchange of ratifications, the treaty shall be brought to the knowledge of all the superior authorities of the Empire in the provinces and in the capital, in order that its publication may be well established.
In token whereof the respective plenipotentiaries have signed the present treaty and affixed their seals thereto.
Done at Tientsin, in four copies, this twenty-seventh day of June, in the year of grace one thousand eight hundred and fifty-eight, corresponding to the seventeenth day of the fifth moon of the eighth year of Hien Fung.
(Signed)
[L.S.]
BARON Gros.
[L.8.]
KWEI-LIANG.
[L.S.]
HWASHANA.
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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 interrupted, 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, baving exchanged their full powers, found in good and due form, have agreed upon the following articles :-
Art. I.-His Majesty the Emperor of China 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 th 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 formalities required in such case.
Art. V. The sum of eight million taels is allowed to the French Government to liquidate the expenses of its armament against China, as also for the indemnification of French subjects and protégés of France who sustained loss by the burning of the
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CONVENTION BETWEEN FRANCE AND CHINA
65
factories at Canton, and also to compensate the Catholic missionaries who have suffered in their persons or property. The French Government will divide this sum between the parties interested, after their claims shall have been legallye stablished, 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 appried to the liquidation of the expenses occasioned by the war.
Art. VI.-In conformity with the Imperial edict issued on the 20th March, 1856, by the August Emperor Tao Kwang, the religious and charitable establishments which have been confiscated during the persecutions of the Christians shall be restored to their proprietors through the Minister of France in China, to whom the Imperial Government will deliver them, with the cemeteries and edifices appertaining to them. Art. VII.-The town and port of Tientsin, in the province of Pechili, shall be opened to foreign trade on the same conditions as the other towns and ports of the Empire where such trade is permitted, and this from the date of the signature of the present 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 occuying this town shall, on the payment of the five tundred thousand taels provided by Article IV. of the present Convention, evacuate it and proceed to occupy Takn and the north-east coast of Shantung, whence they shall retire on the same conditions as govern the evacuation of the other points cupied 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 adge it convenient, and to withdraw them only when the indemnities due by the Chinese Government shall have been entirely paid, unless the Commanders-in-Chief shall think it convenient to withdraw them before that time.
Art. VIII.-It is further agreed that when the present Convention shall have been signed and the ratifications of the Treaty of Tientsin exchanged, the French forces which occupy Chusan shall evacuate that island, and that the forces before Peking shall retire to Tientsin, to Taku, to the north coast of Shantung, or to the town of Canton, and that in all these places or in any of them the French Government may, if it thinks fit, leave troops until such tinie as the total sum of -ight million taels shall have been fully paid.
Art. IX.-It is agreed between the high contracting parties that when the ratifications of the Treaty of Tientsin shall have been exchanged an Imperial edict shall order the high authorities of all the provinces to permit any Chinese who wishes to go to countries beyond the sea to establish himself there or to seek his fortune, to embark, himself and his family, if he so wishes, on French ships in the ports of the empire open to foreign trade. It is also agreed, in the interest of the emigrants, to ensure their entire freedom of action and to safeguard their rights, that the competent Chinese authorities shall confer with the Minister of France in China for the making of regulations to assure for these engagements, always voluntary, the guarantees of
orality 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 daim the same treatment as the most favoured nation.
The present Convention of Peace has been made at Peking, in four copies, on the 25th October, 1860, and has been signed by the respective plenipotentiaries, who have thereto affixed their seals and their arms.
[L.B.Digitized (S.)OO BARON GROS.
(Sd.) KUNG.
[1.8.
3
TREATY OF PEACE, FRIENDSHIP, AND COMMERCE BETWEEN
FRANCE AND CHINA
SIGNED AT TIENTSIN, 9TH June, 1885
The President of the French Republic and His Majesty the Emperor of China each animated by an equal desire to bring to an end the difficulties which have given rise to their simultaneous intervention in the affairs of Annam, and wishing to re-establish and improve the relations of friendship and commerce which previously existed between France and China, have resolved to conclude a new treaty to further the common interest of both nations on the basis of the preliminary Convention signed at Tientsin on the 11th May, 1884, and ratified by an Imperial decree of the 13th April, 1885,
For that purpose the two high contracting parties have appointed as their pleni- potentiaries the following, that is to say:-
The President of the French Republic, M. Jules Patenôtre, Envoy Extraordinary and Minister Plenipotentiary for France in China, Officer of the Legion of Honour. Grand Cross of the Śwedish Örder of the Pole Star, &c., &c.
And His Majesty the Emperor of China, Li Hung-chang, Imperial Commissioner, Senior Grand Secretary of State, Grand Honorary Preceptor of the Heir Presumptive; Superintendent of Trade for the Northern Ports, Governor-General of the Province of Chihli, of the First degree of the Third Order of Nobility, with the title of Sou-yi;
Assisted by Hsi Chen, Imperial Commissioner, Member of the Tsung-li Yamên, President of the Board of Punishments, Administrator of the Treasury at the Ministry of Finance, Director of Schools for the Education of Hereditary Officers of the Left Wing of the Yellow Bordered Banner;
And Teng Chang-su, Imperial Commissioner, Member of the Tsung-li Yamên, Director of the Board of Ceremonies;
Who having communicated their full powers, which have been found in good and due form, have agreed upon the following Articles:--
Art. I.-Frauce engages to re-establish and maintain order in those provinces of Anuam 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, sball enjoy the same security for their persons and property as French protégés.
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TREATY BETWEEN FRANCE AND CHINA
67
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 Inperial 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 authorities.
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 überty 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.
Such
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. 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 Yünnan 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 euforced within the ports already open by Treaty.
Trade in arms, eugines, supplies, and munitions of war of any kind whatsoever shall be subject to the Laws and Regulations issued by each of the Contracting- Stats within its own territory.
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TREATY BETWEEN FRANCE AND CHINA
The export and import of opium shall be governed by special arrangements to be inserted in the above-mentioned code of Regulations.
Trade by sea between China and Annam shall likewise be dealt with by a separate code of Regulations. In the meanwhile, the present practice shall remain unaltered.
Art. VII. With a view to develop under the most advantageous conditions the relations of commerce and of good neighbourship, which it is the object of the present Treaty to re-establish between France and China, the Government of the Republic shall construct roads in Tonkin, and shall encourage the construction of railways there.
When China, on her part, shall have decided to construct railways, it is agreed that she shall have recourse to French industry, and the Government of the Republic shall afford every facility for procuring in France the staff that may be required. It is, moreover, understood that this clause shall not be looked upon as constituting an exclusive privilege in favour of France.
Art. VIII. The commercial stipulations of the present Treaty and the Regula- tions to be agreed upon shall be liable to revision after an interval of ten complete years from the date of the exchange of the ratifications of the present Treaty. But in case six months before it expires neither one nor other of the High Contracting Parties shall have expressed a wish to proceed to a revision, the commercial stipula- tions shall remain in force for a fresh period of ten years, and so further in like
manuer.
Art. IX.-As soon as the present Treaty shall have been signed, the French forces shall receive orders to retire from Kelang 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 possible delay.
Done in quadruplicate at Tientsin, this ninth June, one thousand eight hundred and eighty-five, corresponding to the twenty-seventh day of the fourth moon of the eleventh year of Kwang-su.
(Signed)
[L.S.]
PATENOTRE.
??
[L.S.]
HSI CHEN.
J
[L.S.] [L.S.]
LI HUNG-CHANG.
TENG CHANG-SU.
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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 conceded in China to the Consuls of the most favoured nation.
The work of the Commission charged with the delimitation of the two countries not being completed at the time of the signature of the present Convention, the place to be opened to trade north of Langson shall be selected and determined in the course of the present year by arrangement between the Imperial Government and the representative of France at Peking. As to the place to be opened to trade above Lao-kai, this will also be determined by common accord when the frontier between the two countries shall have been defined.
Art. II. The Imperial Government may appoint Consuls at Hanoi and at Haiphong. Chinese Consuls may also be sent later on to other large towns in Tonkin by arrangement with the French Government.
The agents shall be treated in the same manner and have the same rights and privileges as the Consuls of the most favoured nation in France They shall maintain official relations with the French authorities charged with the Protectorate.
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TRADE REGULATIONS FOR THE TONKIN FRONTIER
Art. III.-It is agreed, on the one side and the other, that in the places where Consuls are appointed the respective authorities will facilitate the installation of these agents in suitable residences.
Frenchmen may establish themselves in the places opened to trade on the frontier of China under the conditions set forth in the Articles VII., X., XI., XII., and others of the treaty of the 27th June, 1858.
Annamites shall enjoy in these places the same privileged treatment.
Art. IV. Chinese shall have the right of possessing land, erecting buildings, opening commercial houses, and having warehouses throughout Annam.
They shall receive for their persons, their families, and their goods the same protection as the most favoured European nation, and, like the latter, may not be made the object of any ill-treatment. The official and private correspondence and telegrams of Chinese officials and merchants shall be freely transmitted through the French postal and telegraphic administrations.
Frenchmen will receive from China the same privileged treatment.
Art. V. Frenchmen, French protégés, and foreigners residing in Tonkin may cross the frontiers and enter China on condition of being furnished with passports. These passports will be given by the Chinese authorities at the frontier, on the requisition of the French authorities, who will ask for them only for respectable persons; they will be surrendered to be cancelled on the holder's return.
In the case
of those who have to pass any place occupied by aborigines or savages, it will be mentioned in the passport that there are no Chinese officials there who can protect them.
Chinese who wish to come from China to Tonkin by land must in the same way be furnished with passports granted by the French authorities on the requisition of the Chinese authorities, who will ask for them only on behalf of respectable
persons.
The passports so granted on the one side or the other shall serve only as titles to travel and shall not be considered as certificates of exemption from taxes for the transport of merchandise.
Chinese authorities on Chinese soil and French authorities in Tonkin shall have the right to arrest persons who have crossed the frontier without passports and send them back to their respective authorities to be tried and punished if necessary.
Chinese residing in Anuam may return from Tonkin to China on simply obtaining from the Imperial authorities a pass permitting them to cross the frontier.
Frenchmen and other persons established in the open places on the frontier mav travel without passports to a distance of 50 li (578 metres to the li) around such places.
Art. VI.-Merchandise imported into the places opened to trade on the frontier of China by French merchants and French protégés may, after payment of the import duties, be conveyed to the interior markets of China under the conditions fixed by Rule VII. annexed to the Treaty of the 27th June, 1858, and by the general rules of the Chinese Imperial Maritime Customs with regard to import transit passes.
When foreign merchandise is imported into these places a declaration shall be made at the Custom House of the nature and quantity of the merchandise, as well as of the name of the person by whom it is accompanied. The Customs authorities will proceed to verification, and will collect the duty according to the general tariff of the Imperial Maritime Customs, diminished by one-fifth. Articles not mentioned in the tariff will remain subject to the duty of 5 per cent, ad valorem. Until this duty has been paid the goods may not be taken out of the warehouses to be sent away and sold. A merchant wishing to send foreign merchandise into the interior shall make a fresh declaration at the Custom House, and pay, without reduction, the transit dues fixed by the general rules of the Chinese Maritime Customs.
After this payment the Customs will deliver a transit pass which will enable the arriers to go to the localities mentioned in the pass for the purpose of disposing of the said merchandise.
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TRADE REGULATIONS FOR THE TONKIN FRONTIER
71
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 the south-western frontiers of the Chinese Empire, France shall obtain the application of it.
Art. VIII.-Foreign merchandise which, not having been sold within a period of thirty-six months after having paid the import duty at one of the Chinese frontier Customs stations, is forwarded to the other frontier Customs station, shall be examined at the first of these stations, and if the wrappings are found intact, and if nothing has been disturbed or changed, a certificate of exemption for the amount of the first duty collected will be given. The bearer of this certificate will deliver it to the other frontier station, in payment of the new duty which he will have to pay. The Customs may in like manner give bonds which will be available for payment of duties at the Custom House by which they are issued any time within three years. Money will never be returned.
If the same merchandise is re-despatched to one of the open ports of China, it will there, conformably to the general rules of the Chinese Maritime Customs, be subjected to payment of the import duties, and the certificates or bonds given at the frontier Customs shall not there be made use of. Neither will it be allowed to present there, in payment of duties, the quittances delivered by the frontier Customs on the first payment. As to transit dues, conformably to the rules in force at the open ports, when once they have been paid, bonds or exemption certificates will never be given in respect of these.
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TRADE REGULATIONS FOR THE TONKIN FRONTIER
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 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 froutier 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. Au inexact declaration of the quantity of the goods, if it is proved that it has been made with the intention of evading payment of the duties, will entail upon the merchant confiscation of his goods. Goods not provided with a permit from the chief of the Customs, which are clandestinely introduced by by-ways, and unpacked or sold, or which are intentionally smuggled, shall be entirely confiscated. In every case of false declaration or attempt to deceive the Customs as regards the quality or the real origin or real destination of goods for which transit passes have been applied the goods shall be liable to con- fiscation. The penalties shall be adjudged according to the conditions and proce- dure fixed by the Rules of 31st May, 1868. In all cases where confiscation" shall have been declared, the merchant shall be at liberty to recover his goods on payment of a sum equivalent to their value, to be duly settled by arrangement with the Chinese authorities. The Chinese authorities shall have every liberty to devise measures to be taken in China, along the Irontier, to prevent smuggling.
Merchandise descending or ascending navigable rivers in French, Annamite, or Chinese vessels will not necessarily have to be landed at the frontier, unless there is an appearance of fraud, or a divergence between the nature of the cargo and the declaration of the manifest. The Customs will only send on board the said vessels agents to visit them.
Art. XI.-Produces of Chinese origin imported into Tonkin by the land frontier shall pay the import duty of the Franco-Annamite tariff. They will pay no export duty on leaving Tonkin. The Imperial Government will be notified of the new tariff which France will establish in Tonkin. If taxes of excise, of consumption, or of guarantee be established in Toukin 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 transit duty which shall not exceed two per cent. of the value. At the point where it leaves Chinese territory this merchandise will be examined by the French Customs authorities on the frontier, who will specify its nature, quantity, and destination in a certificate which shall be produced 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, such Chinese produces, ou entering Tonkin, shall pay the import duty.
A transit permit will accompany the goods to the place of leaving the country whether this be the port of transhipment or the land frontier, and the sum paid by the proprietor of the merchandise will, after deducting the transit dues, be then restored to him in exchange for the receipt delivered to him by the Tonkin Customs.
Every false declaration or act evidently intended to deceive the French admini- stration as to the quality, quantity, real origin, or realy destination of merchandise
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for which the special treatment applicable to Chinese products traversing Tonkin in transit is asked, will entail the confiscation of such merchandise. In every case where confiscation has been declared, the merchant shall be free to recover his goods on payment of a sum equivalent to their value, which shall be duly determined by an arrangement with the French authorities.
The same rules and the same transit duty will be applicable in Annam to Chinese merchandise despatched from a Chinese port to an Annamite port in order to get to the Chinese frontier Customs by crossing Tonkin.
Art. XIII.-The following articles, that is to say, gold and silver incots, 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 ou their entry and clearance; if they are really of foreign origin and intended for the personal use of foreigners, and if they arrive in moderate quantity, a duty exemption certificate will be given which will pass them free at the frontier. If these articles are withheld from declaration or the formality of an exemption certificate, their clandestine intro- duction will render them subject to the same penalty as snuggled goods.
With the exception of gold, silver, money, and luggage, which will remain exempt from duty, the above-mentioned articles destined for the personal use of foreigners and imported in moderate quantity, will pay, when they are transported into the interior of China, a duty of 2 per cent. on their value.
The Franco-Aunamite frontier Customs shall collect no duty on the following articles of personal use which Chinese carry with them, either on entering or leaving Tonkin, that is to say, money, luggage, clothes, women's head ornaments, paper, hair pencils, Chinese ink, furniture, or food, or on articles ordered by the Chinese Consuls in Tonkin for their personal consumption.
Art. XIV.-The high contracting parties agree to prohibit trade in and trans- port of opium of whatsoever origin by the land frontier between Tonkin on the one sile and Yunnan, Kwang-si, and Kwangtung on the other side.
Art. XV.-The export of rice and of cereals from China is forbidden. The import of these articles shall be free of duty.
The import of the following articles into China is forbidden :-Gunpowder, pro- jectiles, rifles and guns, saltpetre, sulphur, lead, spelter, arms, salt, and immoral publications.
In case of contravention these articles shall be entirely confiscated.
If the Chinese authorities have arms or munitions bought or if merchants receive express authority to buy them, the importation will be permitted under the special surveillance of the Chinese Customs. The Chinese authorities may, further- more, by arrangement with the French Consuls, obtain for the arms and "munitions which they wish to have conveyed to China through Tonkin exemption from all the Franco-Annamite duties.
The introduction into Tonkin of arms, munitions of war, and immoral publica- tions is also prohibited.
Art. XVI.-Chinese residing in Annam shall be placed under the same condi- tions, with regard to criminal, fiscal, or other jurisdiction, as the subjects of the most favoured nation. Law-suits which may arise in China, in the open markets on the frontier, between Chinese subjects and Frenchmen or Annamites shall be decided in a Mixed Court by Chinese and French officers.
With reference to crimes or offences committed by Frenchmen or persons under French protection in China, in the places opened to trade, the procedure shall be in conformity with the stipulations of Articles XXXIII. and XXXIV. of the treaty of the 27th June, 1858.
Art. XVII-If in the places opened to trade on the frontier of China, Chinese deserters or persons accused of crimes against the Chinese law shall take refuge in the houses or on board the vessels of Frenchmen or persons under French protection
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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 Antam 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 Goerrnments, 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 mocn of the twelfth year of Kwang-Su.
(Signed)
"
[L.S.] [L.S.]
G. CoGordan.
E. BRUWAERT.
>>
[L.8.]
LI HUNG-CHANG.
ADDITIONAL CONVENTION BETWEEN FRANCE AND CHINA, 1887
[Translated from the Chinese Text]
His Imperial Majesty the Emperor of China and the President of the French Republic, desiring to strengthen the commercial relations between the two countries and also to ratify and give effect to the Treaty signed at Tientsin on the 25th April, 1886, have appointed Plenipotentiaries to take the necessary steps thereto. H.I.M. the Emperor of China has specially appointed H.I.H. Prince Ching and H.E. Sun Yu-wen, member of the Tsung-li Yamên and Vice-President of the Board of Works. The President of the Republic has appointed His Excellency Constans, Deputy, ex-Minister of the Interior, and Minister Plenipotentiary in China. Who, having exchanged their full powers and established their authenticity in due form, have agreed 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 Lungchow in Kwangsi and Mengtzu in Yunnan should be opened to trade, and whereas Manghao, which lies between Paosheng and Meng tzu, is in the direct road between the two places by water, it is agreed that this also should be opened to trade on the same conditions as the other ports, and that a deputy of the Consul at Mengtzu shall be allowed to reside there.
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Art. III.-In order to develop the trade between China and Tonkin as rapidly a 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 Kangsi 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-Aunamite 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 Lungehow, 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 arrying troops and Government stores plying on the Songkat and Caobang Rivers between Langshan and Caobang shall pay a tonnage due of 5 candareens per ton at Lungchow, but all goods on board shall pass free. Goods inay be imported to China by the Songkat and Caobang Rivers or overland by the Government road, but until the Chinese Government establishes Custom-bouses on the frontier goods taken overland must not le sold at Lungehow until they have paid duty there.
Art. VII.-It is agreed that should China enter into treaties with regard to com- mercial relations on her southern and south-western frontiers all privileges accorded by her to the most favoured nation are at once without further formality accorded to France.
Art. VIII.-The above Articles having been agreed to and translated into Chinese, H.I.H. the Prince on behalf of China and H.E. the Minister on behalf of France have signed duplicate copies and affixed their seals hereto.
Art. IX. When the ratifications of this Convention and of the Treaty of 1886 shall have been exchanged they shall be put in force as if they were one Treaty.
Art. X.-The ratifications of the Convention shall be exchanged at Peking when the assent of His Imperial Majesty the Emperor of China and of His Excellency the President of the French Republic shall have been signified.
Signed at Peking on the 26th June, 1887.
E. CONSTANS. PRINCE CHI'NG. SUN YU-WEN.
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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- Anuamite froutier.
Art. II-Article 2 of the Additional Convention, signed at Peking, Jane 26th, 1887, is modified and completed as follows:-It is agreed between the bigh contracting parties that the town of Lamgehow in Kwangsi and that of Mengtse 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 Méngtse will no longer be Manhao, but Hokow, and that the French Government have the right of maintaining at Hokow an agent under the Consul at Môngtse, at the same time the Chinese Government can maintain a customs agent.
Art. III.-It is agreed that the town of Ssumao in Yunnau shall be open to French-Annamite commerce, like Luugchow 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 residence. 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 Mandarn-road, which leads either from Monglê 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, Lungehow, Mengtse, Ssumao, and Hokow, in passing by Annan. 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 re-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
ADDITIONAL CONVENTION BETWEEN FRANCE AND CHINA-1895
77
above mentioned, shall be, before passing the export customs, or after passing customs re-importation, submitted to the regulations governing native Chinese gods.
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 Anuam, midway between Laichow and Luang Prabang. The tariff shall be fixed in conformity with Article 5 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 relations 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.
"
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GERMANY
TREATY OF AMITY, COMMERCE, AND NAVIGATION BETWEEN PRUSSIA AND CHINA
Signed in the German, FreNCH, AND CHINESE LANGUAGES AT TIENTSIN, 2ND SEPTEMBER, 1861
Ratifications Exchanged at Shanghai, 14th January, 1863
Treaty of Amity, Commerce, and Navigation, between the States of the German Customs Únion, the Grand Duchies of Mecklenburg-Schwerin and Mecklenburg- Strelitz, and the free Hanseatic Towns of Lubeck, Bremen, and Hamburg on the one part, and China on the other part.
His Majesty the King of Prussia, for himself, as also on behalf of the other members of the German Zollverein, that is to say:-The Crown of Bavaria, the Crown of Saxony, the Crown of Hanover, the Crown of Wurtemburg, the Grand Duchy of Baden, the Electorate of Hesse, the Grand Duchy of Hesse, the Duchy of Brunswick, the Grand Duchy of Oldenburg, the Grand Duchy of Luxemburg, the Grand Duchy of Saxony, the Duchies of Saxe Meiningen, Saxe Altenberg, 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-meeu, a member of the Imperial Ministry of Foreign Affairs at Peking, Director-General of Public Supplies, and Imperial Commissioner: and Chong-hee, Honorary Under-Secretary of State, Superintendent of the three Northern Ports, and Deputy Imperial Commissioner, who after having communicated to each other their respective full powers, and found the same in good and due form, have agreed upon the following articles :
Art. I.There shall be perpetual peace and unchanging friendship between the contracting States. The subjects of both States shall enjoy full protection of person and property.
Art. II-His Majesty the King of Prussia may, if he see fit, accredit a diplomatic agent to the Court of Peking, and His Majesty the Emperor of China may, in like manner, if he see fit, nominate a diplomatic agent to the Court of Berlin.
The diplomatic agent nominated by His Majesty the King of Prussia shall also represent the other contracting German States, who shall not be permitted to be represented at the Court of Peking by diplomatic agents of their own. His Majesty the Emperor of China hereby agrees that the diplomatic agent, so appointed by His Majesty the King of Prussia, may, with his 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 international law.
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Their persons, their families, their residence, and their correspondence shall be held involable. They shall be at liberty to select and appoint their own officers, couriers, interpreters, servants, and attendants without auy 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 Cousular 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, Kinkiang; Hankow, Kiungchow (Hainan), and at Taiwan and Tamsui in the Island of Formosa. They are permitted to proceed to and from these places with their vessels and merchandise, and within these localities to purchase, rent, or let houses or land, build, or open churches,
hurchyards, 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, letected in violating this stipulation shall, together with their cargo, be subject to confiscation by the Chinese Government.
Art. VIII.-Subjects of the contracting Gerinan 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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TREATY BETWEEN PRUSSIA AND CHINA
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 hands of the Consul the ship's papers and copy of the mauifest.
Within a further period of twenty-four (24) hours the Consul will report to the Superintendent of Customs the name of the ship, the number of the crew, her registered tonnage, and the nature of the cargo.
If owing to neglect on the part of the master the above rule be not complied with within forty-eight hours after the ship's arrival he shall be liable to a fine of fifty (50) dollars for every day's delay; the total amount of penalty, however, shall not exceed two hundred (200) dollars.
Immediately after the receipt of the report, the Superintendent of Customs shall issue a permit to open hatches.
If the master shall open hatches and begin to discharge the cargo without said permit, he shall be liable to a fine not exceeding five hundred (500) dollars, and the goods so discharged without permit shall be liable to confiscation.
Art. XIV.-Whenever a merchant, a subject of any of the contracting German States, has cargo to land or ship, he must apply to the Superintendent of Customs for a special permit. Merchandise lauded 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 cach 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,oogle
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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 harges; but tonnage-dues must be paid after the expiration of the said forty-eight hours.
Art. XXI.-Import duties shall be considered payable on the landing of the goods, and duties of export on the shipping of the same. When all tonnage-dues and duties shall have been paid, the Superintendent of Customs shall give a receipt in full (port-clearance), which being produced at the Consulate, the Consular officer shall then return to the captain the ship's papers and permit him to depart on the
royage.
Art. XXII.-The Superintendent of Customs will point out one or more bankers authorized by the Chinese Government to receive the duties on his behalf. The receipts of these bankers shall be looked upon as given by the Chinese Government itself. Payment may be made in bars or in foreign coin, whose relative value to the Chinese Sycee silver shall be fixed by special agreement, according to circumstances, between the Consular Officers and the Superintendent of Customs.
Art. XXIII.-Merchant-vessels belonging to the contracting German States of more than one hundred and fifty tons burden shall be charged four mace per ton; merchant-vessels of one hundred and fifty tons and under shall be charged at the rate of one mace per ton.
The captain or consignee having paid the tonnage-dues the Superintendent of Customs shall give them a special certificate, on exhibition of which the ship shall be exempted from all further payment of tonnage-dues in any open port of China which the captain may visit for a period of four months, to be reckoned from the date of the port clearance mentioned in Art. XXI.
Boats employed by subjects of the contracting German States in the conveyance of passengers, baggage, letters, articles of provisions, or articles not subject to duties shall not be liable to tonnage dues. Any boat of this kind, however, conveying 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 foreign trade, upon being sent into the interior of the country shall not be subject to any but transit duty. The same shall be paid according to the tariff now existing, and may not be raised in future. This also applies to goods sent from the interior of the country to any of the open ports.
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All transit duties on produce brought from the interior to any of the open ports or importations sent from any of the open ports into the interior of China may be paid once for all.
If any of the Chinese officers violate the stipulations of this article by demanding illegal or higher duties than allowed by law, they shall be punished according to Chinese law.
Art. XXV.-If the master of a merchant vessel belonging to any of the contracting German States, having entered any of the open ports, should wish to land only a portion of his cargo, he shall only pay duties for the portion so landed. may take the rest of the cargo to another port, pay duties there, and dispose of the
same.
He
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 à 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 exactious 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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TREATY BETWEEN PRUSSIA AND CHINA
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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 the deserter, and hand him over to the Consular Officer or to the captain. It like manner, if Chinese deserters or criminals take refuge in the houses or on board ships belonging to subjects of the contracting German States, the local Chinese authorities shall apply to the German Consular Officer, who will take the necessary measures for 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 authorities to use every means to capture and punish the said pirates, to recover the stolen property where and in whatever condition it may be, and to hand the same over to the Consul for restoration to the owner. If the robbers or pirates cannot be apprehended, or the property taken cannot be entirely recovered, the Chinese authorities shall then be punished in accordance with the Chinese law, but they shall not be held pecuniarily responsible.
Art. XXXIV.-If subjects of any of the contracting German States have any evasion to address a communication to the Chinese authorities, they must submit the same to their Consular Officer, determine if the matter be just, and the lan- 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 a Consul of one of the contracting German States, they must adopt the same course, and submit their communication to the Chinese authorities, who will act in like manner.
Art. XXXV. Any subjects of any of the contracting German States having reason to complain of a Chinese, must first proceed to the Consular Officer and state his grievance. The Consular Officer, having inquired into the merits of the case, will endeavour to arrauge 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. 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.
If
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 ommitted 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 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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TREATY RETWEEN PRUSSIA AND CHINA
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 negotiations 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 ratifications to take place at Shanghai or Tientsin, at the option of the Prussian Government. Im- mediately after the exchange of ratifications lias 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 of the twenty-eighth day of the seventh moon of the eleventh year of Hien Fung.
(Signed)
""
5
[L.S.]
COUNT EULENBURG. CHONG MEEN.
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 hercunto 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)
[L.S.] [L.S.] [L.S.
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COUNT EULENnburg. CHONG MEEN. CHONG HEE.
SUPPLEMENTARY TREATY BETWEEN GERMANY AND CHINA
Separate Article
85
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-one, 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.8.
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 Teat]
His Majesty the German Emperor, King of Prussia, &c., in the name of the German Empire, and his Majesty the Emperor of China, wishing to secure the more perfect execution of the Treaty of the 2nd September, 1861, have, in conformity with Article XLI. of that Treaty, according to the terms of which the High Contracting German States are entitled, after a period of ten years, to demand a revision of the Treaty, decided to conclude a Supplementary Convention.
With this view they have appointed their Plenipotentiaries-viz., His Majesty the German Emperor, King of Prussia, &c., his 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 Tatung 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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SUPPLEMENTARY TREATY BETWEEN GERMANY AND CHINA
Should German subjects, on the strength of this article, claim privileges, iminu- 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.-Chiness 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 Chita, 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 sum of Tls. 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.-Ships belonging to Chinese may not make use of the German flag, nor may German ships make use of the Chinese flag.
Art. VI.-Chinese concession. In the event of German ships, no longer fit for sea, being broken up in any open port of China, the material may be sold without any import duty being levied upon it. But if the materials are to be brought ashore a permit of discharge" must first be obtained for them from the Cutsoms Inspec- torate, in the same manner as in the case of merchandise.
(4
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
87
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 culy to remain in force for a period of thirteen Chinese months from the day on which they were issued.
Art. VIII.-The settlement of the question relating to judicial proceedings in mixed cases, the taxation of foreign merchandise in the interior, the taxation of Chinese goods in the possession of foreign merchants in the interior, and intercourse between foreign and Chinese officials are to become the subject of special negotiation, which both Governments hereby declare themselves ready to enter upon.
Art. IX. All the provisions of the former Treaty of the 2nd September, 1861, which have not been altered by this agreement, are hereby confirme anew, as both parties now expressly declare.
In the cases of those articles, on the other hand, which are affected by the present treaty, the new interpretation of them is to be considered as binding.
Art. X. The present Supplementary Convention shall be ratified by their Majesties, and the ratifications exchanged at Peking, within a year from the date of its signature.
The provisions of the agreement come into force on the day of the exchange of the ratifications.
In witness whereof the plenipotentiaries of both the High Contracting Powers have 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.S.]
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 bave 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 aud to unload there merchandise which is either intended for Shanghai or comes from Shaughai; 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 -very 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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SUPPLEMENTARY TREATY BETWEEN GERMANY AND CHINA
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 Gerinan 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 have had to pay,
7.-If German subjects go into the interior with foreign goods, or travel there, the passes or certificates issued to them shall only be valid for thirteen Chinese months, reckoned from the day of their issue, and after the lapse of that term must no longer be used. The expired passes and certificates must be returned to the Customs authorities in whose official district they were issued in order to 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 ingthe import ofexport tariff, will be
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SUPPLEMENTARY TREATY BETWEEN GERMANY AND CHINA
89.
reckoned at the tariff duty, and those not entered in the tariff at a duty of 5 per sent. 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, oue thousand eight hundred and eighty.. orresponding with the twenty-first day of the second month of the sixth year Kwang Sü.
(Signed) [L.S.] M. VON BRANDT.
"3
[L.S.]
SHEN KUE-FEN.
[L.8.]
CHING LIEN.
+
The Prince of Kung and the MINISTERS OF THE TSUNG-LI YAMEN
TO HERR 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 Couvention concluded on occasion of the Treaty revision, that German sailing-ships which lie for a longer time than fourteen days in Chinese ports shall nly 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 oncluded 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 corres] ond.
Done at Peking the twenty-first August, one thousand eight hundred and eighty, orresponding with the sixteenth day of the seventh month of the sixth year Kwang Sü.
(Signed)
[L.8.]
M. VON Brandt,
"?
[L.8.]
SHEN KUE-FEN.
[L.S.]
CHING LIEN.
""
[L.S.]
WANG NEEn-Shou.
*"
[L.S.]
LIN SHU.
i
•
[L.S.] Digi CHUNG LIgle
THE KIAOCHOW CONVENTION
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 take 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 land 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 Yintao.
(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 merchant-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.
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
91
THE KIAOCHOW CONVENTION BETWEEN GERMANY AND CHINA
Germany for whatever German property may at the time 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 ther Power than China. Chinese subjects shall be allowed to live in the territory ased, 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 Chinese authorities shall not be at liberty to send agents into the leased territory to make 3mrests. The German authorities shall not interfere with the lekin stations outside but adjacent to the territory.
}
THE RAILWAY AND MINING CONCESSION
I. The Chinese Government sanctions the construction by Germany of two ines of railway in Shantung. The first will run from Kiaochow and Tsinan-fu to the boundary of Shantung province via Wei-hsien, Tsinchow, Pashan, Tsechuen and Suiping. The second line will connect Kiaochow 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 to 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
the provincial boundary shall take in en route is to be determined hereafter.
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 or a future conference of German and Chinese representatives. The Chinese Govern- ment shall afford every facility and protection and extend every welcome to represent- atives of the German Railway Company operating in Chinese 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 mes is solely the development of commerce. In inaugurating a railway system in Shantung Germany entertains no treacherous intention towards China, and under- akes not to unlawfully seize any land in the province.
IV.-The Chinese Government shall allow German subjects to hold and develop mining property for a distance of 30 li from each side of these railways and along he whole extent of the lines. The following places where mining operations may be carried on are particularly specified along the northern railway from Kaochow 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 le invested in these operations and arrangements for carrying on the work shall ereafter 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 be 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 weks alone to increase commerce and improve the relations between the two countries. 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
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24
THE UNITED KINGDOM AND GERMANY RELATIVE TO CHINA
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 fourteenth day of the second moon of the twenty-fourth year of Kuang Hsu. (March 6th, 1898.)
AGREEMENT BETWEEN THE UNITED KINGDOM AND
GERMANY RELATIVE TO CHINA.
OCTOBER 16TH, 1900.
No. 1.
THE MARQUESS OF SALISBURY TO COUNT Hatzfeldt.
Your Excellency,
Foreign Office, October 16th, 1900.
I have the honour to inform you that Her Majesty's Government approve the Agreement, annexed hereto, which has been negotiated between your Excellency and myself with regard to the principles on which the mutual policy of Great Britain and Germany in China should be based.
I have, &c.,
(Signed)
SALISBURY.
Inclosure in No. 1.
AGREEMENT SIGNED ON THE 16Tя October. 1900.
Her Britannic Majesty's Government and the Imperial German Government being desirous to maintain their interests in China and their rights under existing Treaties, have agreed to observe the following principles in regard to their mutual policy in China:-
1. It is a matter of joint and permanent international interest that the ports on the rivers and littoral of China should remain free and open to trade and to every other legitimate form of economic activity for the nationals of all countries without distinction; and the two Governments agree on their part to uphold the same for all Chinese territory as far as they can exercise influence.
2. Her Britannic Majesty's Government and the Imperial German Government will not, on their part, make use of the present complication to obtain for them- selves any territoriil advantages in Chinese dominions, and will direct their policy towards_maintaining undiminished the territorial condition of the Chinese Empire.
3. In case of another Power making use of the complications in China in order to obtain under any form whatever such territorial advantages, the two Contracting Parties reserve to themselves to come to a preliminary understanding as to the eventual steps to be taken for the protection of their own interests in China.
4. The two Governments will communicate this Agreement to the other Powers interested, and especially to Austria-Hungary, France, Italy, Japan, Russia, and the United States of America, and will invite them to accept the principles recorded in it.
THE UNITED KINGDOM AND JAPAN RELATIVE TO CHINA AND COREA 93
Mr Lord,
No. 2.
COUNT HATZFELDT TO THE Marquess of SALISBURY.
(RECEIVED OCTOBER 16тH.) (Translation.)
GERMAN EMBASSY, LONDON,
October 16th, 1900.
I have the honour to inform your Excellency that my Government have con- urred in the following points agreed to between your Excellency and myself:-
"The Imperial German Government and Her Britannic Majesty's Government, being desirous to maintain their interests in China and their rights under existing Treaties, have agreed to observe the following principles in regard to their mutual policy in China :
"1. It is a matter of joint and permanent international interest that the ports on the rivers and littoral of China should remain free and open to trade and to very other legitimate form of economic activity for the nationals of all countries without distinction; and the two Governments agree on their part to uphold the same for all Chinese territory as far as they can exercise influence.
"2. The Imperial German Government and Her Britannic Majesty's Govern- ment will not, on their part, make use of the present complication to obtain for themselves any territorial advantages in Chinese dominions, and will direct their policy towards maintaining undiminished the territorial condition of the Chinese Empire.
"3. In case of another Power making use of the complications in China in order to obtain under any form whatever such territorial advantages, the two Contracting Parties reserve to themselves to come to a preliminary understanding as to the eventual steps to be taken for the protection of their own interests in China.
"4. The two Governments will communicate this Agreement to the other Powers interested, and especially to Austria-Hungary, France, Italy, Japan, Russia, and the United States of America, and will invite them to accept the principles recorded in it."
With the highest respect, &c., &c.,
(Signed)
HATZFELDT.
AGREEMENT BETWEEN THE UNITED KINGDOM AND JAPAN RELATIVE TO CHINA AND COREA.
SIGNED AT LONDON, 30TH JANUARY, 1902.
The Governments of Great Britain and Japan, actuated solely by a desire to maintain status quo and general peace in the extreme East, being moreover specially interested in maintaining the independence and territorial integrity of the Empire of China and the Empire of Corea, and in securing equal opportunities in those countries for the commerce and industry of all nations, hereby agree as follows :--
Art. I.-The High Contracting Parties having mutually recognized the inde- pendence of China and of Corea, declare themselves to be entirely uninfluenced by any aggressive tendencies in either country. Having in view, however, their special interests, of which those of Great Britain relate principally to China, while Japan, in addition to the interests which she possesses in China, is interested in a peculiar degree politically as well as commercially and industrially in Corea, the High Con- tracting Parties recognize that it will be admissible for either of them to take such measures as may be indispensable in order to safeguard those interests if threatened either by the aggressive action of any other Power, or by disturbances arising in China or Corea, and necessitating the intervention of either of the High Contracting Parties for the protection of the lives and property of its subjects.
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94 THE UNITED KINGDOM AND JAPAN RELATIVE TO CHINA AND COREA
Art. II.-If either Great Britain or Japan, in the deference of their respective interests as above described, should become involved in war with another Power, the other High Contracting Party will maintain a strict neutrality, and use its efforts to prevent other Powers from joining in hostilities against its ally.
Art. III.-If, in the above event, any other Power or Powers should join in hostilities against that ally, the other High Contracting Party will come to its assistance, and will conduct the war in common, and make peace in mutual agreement with it.
Art. IV. The High Contracting Parties agree that neither of them will, without consulting the other, enter into separate arrangements with another Power to the prejudice of the interests above described.
Art. V. Whenever, in the opinion of either Great Britain or Japan, the above- mentioned interests are in jeopardy, the two Governments will communicate with one another fully and frankly.
Art. VI. The present Agreement shall come into effect immediately after the date of its signature, and remain in force for five years from that date.
In case neither of the High Contracting Parties should have notified twelve months before the expiration of the said five years the intention of terminating it, it shall remain binding until the expiration of one year from the day on which either of the High Contracting Parties shall have denounced it. But if, when the date fixed for its expiration arrives, either ally is actually engaged in war, the alliance shall, ipso facto, continue until peace is concluded.
In faith whereof the Undersigned, duly authorized by their respective Govern- ments, have signed this Agreement and have affixed thereto their seals.
Done in duplicate at London, the 30th day of January, 1902.
(Signed) [L.S.] LANSDOWNE,
His Britannic Majesty's Principal Secretary of State for Foreign Affairs.
(Signed) [L.S.] HAYASHI,
Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Japan at the Court of St. James'.
Digitized by Google
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- tentiary to His Majesty the Emperor of all the Russias, furnished with special powers to sign the present Treaty in quality of ambassador extraordinary.
The above named plenipotentiaries, furnished with full powers, which have been found sufficient 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 Íli, 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 anthorities, will be accorded to those who show a desire to emigrate to Russia. The Chinese will oppose no impediment 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
1
96
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 Kansul, charged by the two governments with the high direction of the affair.
The resuu.ption of the country of Ili should be finished within a delay of three months or sooner, if it can be done, dating from the day of the arrival at Tashkend of the functionary who will be delegated by the Governor-General of Shansi aud 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 metallic 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 Chines? province of Ili will follow, starting from the mountains Bedjin-taou, the course of the river Khorgos, as far as the place where this river falls into the river Ili, aud, 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 Tehugtu- chack in 1864.
Art. VIII-A part of the frontier line, fixed by the protocol sigued at Tchugtu- chack in 1864, at the east of the Lake Zaisan, having been found defective, the two governments will name commissioners who will modify, by a common agreement, the ancient delineation in such a manner as to remove the defects pointed out and to establish an effective separation between the Kirghiz tribes submitted to the two Empires.
To the new delineation will be given, as much as possible, an intermediate direc- tion between the old frontier and a straight line leading from the Kouitoun hill towards the Saour hills, crossing the Tcherny-Irtysh.
Art. IX. The commissioners to be named by the two contracting parties will 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 of meeting of these commissioners shall be fixed by an understanding between the two governments.
The two Governments will also name commissioners to examine the frontier and to place posts of demarcation between the Russian province of Ferganah and the western part of the Chinese province of Kashgar. The commissiouers will take for the base of their work the existing frontier.
Art. X.-The right recognised by the treaties of the Russian Government to nominate Consuls to Ili, to Tarbagatai, to Kashgar, and to Ourga is extended, from the present time, to the towns of Soutcheon (Tsia-yu-kwan) and of Turfan. In the following towns: Kobdo, Uliassoutai, Khami, Urumtsity and Goutchen, the Russian
TREATY BETWEEN RUSSIA AND CHINA
97
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- beou (Tsia-yu-kwan) and of Turfan. The local authorities will aid the Consul to and provisional habitations until the time when the houses of the consulates shall be built.
The Russian Consuls in Mongolia and in the districts situated on the two slopes of the Tien-shan will make use of, for their journeys and for their correspondence, the postal institutions of the government, conformably to the 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 themslves for this purpose, will lend them aid and assistance.
The town of Turfan not being a locality open to foreign trade, the right of establishing a consulate will not be invoked as a precedent to obtain a right analogous to the ports of China 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. ial 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 alministrations, who are bound to legalize the documents which are presented to } them. In case of non-execution of the engagements contracted, the consul and the Chinese authorities will consult as to the measures necessary to secure the execution of these obliga:ions.
}
}
Art. XII.-Russian subjects are authorized to carry on, as in the past, trade free of duties in Mongolia subject to China, as well as 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 lli, 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.
Russian subjects can import into the above-nanied provinces of China and export from them every description of produce, of whatever origin they may be. They may make purchases and sales, whether in cash, or by way of exchange; they will have the right to make their payments in merunandise of every description.
98
TREATY BETWEEN RUSSIA AND CHINA
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 lauds 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 Tungchów, 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-yu-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, neither of the contracting parties manifest a desire to proceed to the revision, the trade stipulations as well as the Regulations will remain in force for a new term of ten years.
Trade by sea route of Russian subjects in China will be subject to the general regulations 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 tarifi, 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 quality, 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 theft 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. E
TREATY BETWEEN RUSSIA AND CHINA
99
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 Aigeun 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 confirmed
The two Governments will proceed to the establishment of an understanding concerning the mode of application of the said stipulations.
Art. XIX-The stipulations of the old treaties between Russia and China, not modified by the present Treaty, remain in full vigour.
Art. XX. The present Treaty, after having been ratified by the two Emperors, will be promulgated in each Empire, for the knowledge and Governance of each oue. The exchange of ratifications will take place at St. Petersburg, within a period of six months counting from the day of the signature of the Treaty.
Having concluded the above Article, plenipotentiaries of the two contract- ing parties have signed and sealed two copies of the present Treaty, in the Russian, Chinese, and French languages. Of the three texts, duly compared and found in agreement, the French text will be evidence for the interpretation of the present Treaty.
one.
Done at St. Petersburg, the twelfth of February, eighteen hundred and eighty-
(Signed)
[L.S.]
NICOLAS De Giers.
"
[L.8.]
EUGENE BUtzow.
""
[L.S.]
TSENG.
PROTOCOL
In virtue of Article VI. of the Treaty signed to-day by the pleninotentiaries of the Russian and Chinese Governments, the Chinese Government will pay to the Russian Government the sum of nine millions of metallic roubles, designed to cover the expenses of the occupation of the country of Ili by the Russian troops and to satisfy divers pecuniary claims of Russian subjects. This sum shall be paid within a period of two years counting from the day of the exchange of the ratifica- tions of the Treaty.
Desiring to fix the mode of payment of the aftermentioned sum the undersigned have agreed as follows:-
The Chinese Government will pay the equivalent of the sum of nine millions of metallic rɔubles 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 charge 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 St. Petersburg, the twelfth of February, one thousand eight hundred and eighty-one.
(Signed)
[L.8.
"
#9
NICOLAS DE Ĝiees. [L.8:] EUGENE BUrzow. [L.S.] DigiTSENG.
1*
100
TRADE REGULATIONS BETWEEN RUSSIA AND CHINA
REGULATIONS FOR THE LAND TRADE
Art. I.-A trade by free exchange and free of duty (free trade) between Russian and Chinese subjects is authorised within a zone extending for fifty versts (100 li) on either side of 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 ad to the districts situated on the northern and southern slopes of the Tian-shan mountains may only cross the frontier at certain points specified in the list annexed to those regulations. They must procure from the Russian authorities permits in the Russian and Chinese languages, with Mongolian and Tartar translation. The name of the owner of the goods, or that of the leader of the caravan, a specification of the goods, the number of packages, and the number of heads of cattle may be indicated in the Mongolian or Tartar languages, in the Chinese text of these permits. Merchants. on entering Chinese territory, are bound to produce their permits at the Chinese post nearest to the frontier, where, after examination, the permit is to be counter- signed by the chief of the post. The Chinese authorities are entitled to arrest merchants who 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 Nertchiusk 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 rise by the competent Chinese authorities, which mus; 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 regulatious.
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
'TRADE REGULATIONS BETWEEN RUSSIA AND CHINA
101
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, ¿e., one-half of the duty specified in the tariff, may forward to the internal markets goods left at Kalgan which have paid the entrance dues, subject only to the general regulations established for foreign trade in China. A transport permit, which is to be produced at all the Custom-houses and barriers on the road, will be delivered for these goods. Goods not accompanied by such permit will have to pay duty at the Custom-houses they pass, and lekin at the barriers.
Art. VII-Goods brought from 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 a note to such effect has been made by the office after it has ascertained the untouched condition of the goods as at first sent off. Goods concerning which it is ascertained that a portion has been sold on the road will be liable to confiscation. If goods have been taken by by-ways in order to evade their examination at the Custom houses established on the routes indicated in Art. III., the owner will be liable to a fine equal in amount to the whole entrance duty. If a breach of the aforesaid regulations has been committed by the carriers, without the knowledge or 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 by land, the Tientsin Customs will levy on such goods one-third of the tariff duty, in addition to the two-thirds already paid. No duty shall be levied on these goods in other ports. Goods sent from Tientsin or the other ports to the internal markets are subject to transit dues (i.e., half of the tariff duty) according to the general provisions laid down for foreign trade.
Art. X.-Chinese goods sent from Tientsin to Russia by Russian merchants must be forwarded to Kalgan by the route indicated under Art. III. The entire export duty will be levied on these goods when they leave the country. Nevertheless, re-imported goods bought at Tientsin, as well as those bought in another port and forwarded in transitu to Tientsin to be exported to Russia, if accompanied by a Customs receipt for the export duty, shall not pay a second time, and the half 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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TRADE REGULATIONS BETWEEN RUSSIA AND CHINA
the time of such payment. For the transport of goods in Russia the Russian Consul will issue a permit indicating in the Russian and Chinese languages the name of the owner of the goods, the number of packages, and the nature of the goods they contain. These permits will be vise 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 turm 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 Son-tcheou (Tsia-yu-kwan), or brought by them from the internal markets to be forwarded to Russia, on leaving Sou-tcheou for Russia will have to pay the duty leviable upon goods exported from Tientsin, and will be subject to the regulations established for that port.
Art. XI.-Goods bought at Toun-tcheou, on leaving that place for Russia by land, will have to pay the full export duty laid down by the tariff. Goods bought at Kalgan will pay in that town, on leaving for Russia, a duty equivalent to half the tariff rate. Goods bought by Russian merchants in the internal markets, and brought to Toun-tcheou and Kalgan to be forwarded to Russia, will moreover he subject to transit dues, according to the general rules established for foreign trade in the internal markets. The local Custom houses of the aforesaid towns after levying the duties will give the merchant a transport permit for the goods. For goods leaving Toun-tcheou this permit will be issued by the Dounba Customs authorities, to whom application is to be made for it, accompanied by payment of the duties to which the goods are liable. The permit will mention the prohibition to sell goods on the road. The rules given in detail in Article III. relative to permits, the examination of goods, &c., will apply in like manner to goods exported from the places mentioned in this Article.
Art. XII.-Goods of foreign origin sent to Russia by land from Tientsin, Tom tcheou, Kalgan, and Sou-tcheou (Tsia-yu-kwan) will pay no duty it 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 2 per cent. ad valorem. Travellers' luggage, gold and silver ingots, and foreign coins will, however, not pay this duty.
Art. XV. The exportation and importation of the following articles is prohibited under penalty of confiscation in case of smuggling: -Gunpowder, artillery ammuni- tion, cannou, muskets, rifles, pistols, and all firearms, engines, and ammunition of war, salt, and opium. Russian subjects going to China may, for their personal defence, have one musket or one pistol each, of which mention will be made in the
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AGREEMENT BETWEEN RUSSIA AND CHINA
103
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.]
NICOLAS DE Giers.
""
[L.S.]
EUGENE BUTzow.
**
[L.S.]
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 procés-verbal, and have affixed to it the seal of their arms.
Done at St. Petersburg, the 7th August, one thousand eight hundred and eighty-
vue.
(Signed)
22
[L.S.] [L.S.]
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:-
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 of 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
overeignty 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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AGREEMENT BETWEEN RUSSIA AND CHINA
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, he 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 handed over to the nearest Chinese official 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 Hsil Ta-jên and the Russian Foreign Office. Jurisdicti n 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 hoard 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.
Digitized by
Google
THE MANCHURIAN CONVENTION.
SIGNED AT PEKING, 8TH APRIL, 1902.
The following is a translation in English of the text of the above convention:~ His Majesty the Emperor and Ruler of all the Russias and H. M. the Emperor of China, with the object of re-establishing and consolidating the good neighbourly relations broken by the rising which took place in 1900 in the Celestial Empire, lave named as Plenipotentiaries to establish an understanding on certain questions concerning Manchuria M. Paul Lessar and Prince Ching together with Wang Wen- shao, respectively. The above Plenipotentiaries furnished with full powers which have been found sufficient, have agreed to the following stipulations:-
Art. I.-H.M. the Emperor of all the Russias being desirous of giving a new proof of his love of peace and of his sentiments of friendship towards H.M. the Emperor of China in spite of the fact that it was at different points of the Manchurian frontier that the first attacks against the peaceable Russian population were made, consents to the re-establishment of authority by the Chinese Government in the aforesaid Province, which remains an integral part of the Empire of China, and restores to the Chinese Government the right to exercise governmental and admin- istrative powers as they were before the occupation by the Russian troops.
Art. II. In taking possession of the governmental and administrative rights in Manchuria, the Chinese Government accepts equally with all the other articles (of this agreement) the obligation to observe strictly the stipulation of the contract with the Russo-Chinese Bank of 27th August, 1896, and according to Article No. 5 of the said contract assumes the obligations to protect by every possible means the railway and its staff, aud is equally obliged to safeguard in Manchuria the security of all Russian subjects in general who may be there, and all enterprises undertaken by them The Russian Government in view of this obligation assumed by the Govern- ment of H.M. the Emperor of China consents on its side in the case of there being no troubles whatever and if the action of the other Powers permits, to gradually withdraw all its troops from Manchuria as follows:-
(a) To withdraw in the course of six months after the signature of this Convention the Russian troops from the S.W. portion of the province of Mukden as far as the Liao River, and to restore the railway to China.
(b) To withdraw during the course of the following six months the Imperial Russian troops from the remaining part of the province of Mukden and from the province of Kirin; and-
(c) To withdraw during the following six months the remainder of the Russian troops who are in the province of Hei-lung-kiang.
Art. III.-In view of the necessity to avoid for the future the repetition of the troubles of 1900 in which in the Chinese troops stationed in the Province on the borders of Russia took part, the Russian Government and the Chinese Government undertake to instruct the Russian military authorities and the Dzian-dziuns to make an arrangement with a view to fix the number and to determine the stations of the
106
THE MANCHURIAN CONVENTION
Chinese troops in Manchuria as well as the Russian troops which have not been withdrawn; the Chinese Government undertakes besides not to raise any other troops above the number determined in this way by the Russian military authorities and Dzian-dziuns, which ought to be sufficient to exterminate the brigands and to pacify the country.
After the complete evacuation of the Russian troops the Chinese Government will have the right to vary the number of troops in Manchuria and to augment or reduce them by informing beforehand the Imperial Government, because it is self-evident that the maintenance of troops in the aforesaid province in superfluous numbers will inevitably lead to the reinforcement of the Russian military forces in the neighbouring district, and will also result in increased military expenses to the great disadvantage of the two States.
For the police service and for the maintenance of order in this region outside the territory ceded to the "Société du Chemin-de-fer Chinois de l'Est there will be formed by the local Governors and Dzian-dziuns, a Chinese gendarmerie mounted and unmounted, composed exclusively of the subjects of H.M. the Emperor of China. Art. IV.-The Russian Government consents to restore to the Chinese Govern- ment the Railway lines of Shanhaikwan, Yingkow, Siuminting occupied and protect- ed by the Russian troops since the end of the month of September, 1900, in consi- deration of which the Chinese Government undertakes:-
1.-That in the case of it being necessary to asssure the security of the aforesaid lines the Chinese Government will undertake this itself and will not invite any other Power to undertake or participate in the defence, construction, or exploitation of these lines, and will not permit the foreign Powers to occupy the territory restored by Russia.
2. That the above-mentioned railway lines will be completed and exploited on the precise basis, both of the arrangement between Russia and Great Britain dated 16th April, 1899, and of the contract undertaken on the 26th September, 1888, with a certain Company relative to a loan for the construction of the aforesaid lines and besides to observe the obligations assured by this Company especially not to take possession of the line Shanhaikwan, Yingkow, Sinminting, nor to dispose of it in any possible way.
3.-That if eventually the continuation of the railway lines in the south of Man- churia is proceeded with or the construction of branch lines towards these as well as the construction of a bridge at Yingkow or transferring the terminus of the Railway at Shanhaikwan where it now is, this shall be done according to an undertaking between the Governments of Russia and China.
4. That as the expenses incurred by Russia for the re-establishment and exploitation of the restored railway lines of Shanhaikwan, Yingkow and Sinminting have not been included in the total sum of the indemnity, they will be repaid by the Chinese Government. The two Governments will come to an understanding as to the amounts to be reimbursed.
The tenor of all previous treaties between Russia and China not modified by the present Convention remains in full force.
The present Convention will have legal force corresponding from the day of signature by the Plenipotentiaries of both contracting Powers.
The exchange of the ratification will take place at St. Petersburg three months from the day of the signature of the Convention.
In view of which the respective Plenipotentiaries of the two high contracting Powers have signed and sealed with their seals two copies of the present Convention in the Russian, Chinese and French languages.
The French text shall rule.
(Signed)
LESSAR.
CHING.
Digit WANG WEN-SHAO.
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 the 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 -xchange 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.
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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TREATY BETWEEN THE UNITED STATES AND CHINA
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 bis 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-hwai). 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 ferms 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 matters shall be discussed by correspondence so as not to give the trouble of a personal meeting.
Art. IX.-Whenever national vessels of the United States of America, in cruising along the coast and among the ports opened for trade for the protection of the com- merce of their country, or the advancement of science, shall arrive at or near any of the ports of China, the commanders of said ships and the superior local authorities of 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 bemploy the style of mutual
TREATY BETWEEN THE UNITED STATES AND CHINA
109
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 fall 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 can fix the rents by mutual and equitable agreement; the proprietors shall not demand an exorbitant price, nor shall the local authorities interfere, unless there be some objections offered on the part of the inhabitants respecting the place. The legal fees to the officers for applying their seal shall be paid. The citizens of the United States shall not unreasonably insist on particular spots, but each party shall conduct themselves with justice and moderation. Any desecration of the cemeteries by natives of China shall be severely punished according to law. At the places where the ships of the United States anchor, or their citizens reside, the merchants, seamen, or others can freely pass and repress in the immediate neighbourhood; but in order to the preservation of the public peace, they shall not go into the country to the villages and marts to sell their goods unlawfully, in fraud of the revenue.
Art. XIII.-If any vessel of the United States be wrecked or stranded on the coast of China and be subjected to plunder or other damage, the proper officers of the Government, on receiving information of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment, and be enabled to repair at once to the nearest port, and shall enjoy all facilities for obtaining supplies of provisions and water. If the merchant vessels of the United States, while within the waters over which the Chinese Government exercises jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities, ivil 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.
Digitized by Doce
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Art. XIV. The citizens of the United States are permitted to frequent the ports and cities of Canton and Chan-chau, or Swatow, in the province of Kwangtung; Amoy, Foochow, and Tai-wan in Formosa, in the province of Fuhkien; Ningpo in the province of Chekiang; and Shanghai in the province of Kiangsu, and any other port or place hereafter by treaty with other powers or with the United States opened to cominerce; and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports to any other of them. But said vessels shall not carry on a clandestine or fraudulent trade at other ports of China, not declared to be legal, or along the coasts thereof; and any vessel under the American flag violating this provision shall, with her cargo, be subject to confiscation to the Chinese Govern- ment; and any citizen of the United States who shall trade in any contraband article of merchandise shall be subject to be dealt with by the Chinese Government, without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover for the violation of the laws of the Empire.
Art. XV.-At each of the ports open to 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 Customs at the open ports shall consult with the Consuls about the erection of beacons or light- houses, and where buoys and light ships should be placed.
Art. XVII.--Citizens of the United States shall be allowed to engage pilots to take their vessels into port, and, when the lawful duties have all been paid, take them out of port. It shall be lawful for them to hire at pleasure servants, compradores, linguists, writers, labourers, seamen, and persons for whatever necessary service, with passage or cargo-boats, for a reasonable compensation, to be agreed upon by the parties or determined by the Consul.
Art. XVIII.-Whenever merchant vessels of the United States shall enter a port, the Collector of Customs shall, if he see fit, appoint Custom-house officers to guard said vessels, who may live on board the ship or their own boåts, 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 eriminals, 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
TREATY BETWEEN THE UNITED STATES AND CHINA
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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 her cargo, which being done, he shall give a permit for her discharge. And the master, supercargo, or consignee, if he proceed to discharge the cargo without such permit, shall incur a fine of five hundred dollars, and the goods so discharged without permit shall be subject to forfeiture to the Chinese Government. But if a master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, paying duty on such part only, and to proceed with the remainder to any other ports. Or if the master so desire, he may within forty- eight hours after the arrival of the vessel, but not later, decide to depart without breaking bulk; in which case he shall not be subject to pay tonnage or other duties or charges, until, on his arrival at another port, he shall proceed to discharge cargo when he shall pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held due after the expiration of the said forty-eight hours. In case of the absence of the Consul or person charged with his functions, the captain or supercargo of the vessel may have recourse to the consul of a friendly power; or, if he please, directly to the Superintendent of Customs, who shall do all that is required to conduct the ship's business.
Art. XX.-The Superintendent of Customs, in order to the collection of the proper duties, shall, on application made to him through the Consul, appoint suitable officers, who shall proceed, in the presence of the captain, supercargo, or consignee. to make a just and fair examination of all goods in the act of being discharged for importation, or laden for exportation, on board any merchant vessel of the United States. And if disputes occur in regard to the value of goods subject to ad valorem duty, or in regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the question may, within twenty-four hours, and not after- wards, be referred to the said Consul to adjust with the Superintendent of Customs.
Art. XXI.-Citizens of the United States who may have imported merchandise into any of the free ports of China, and paid the duty thereon, if they desire to re-export the same in part or in whole to any other of the said ports, shall be entitled to make application, through their Consul, to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made, by suitable officers, to see that the duties paid on such goods as are entered on the Custom- house books correspond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the port-clearance of the goods and the amount of duties paid on the same, and deliver the same to the merchant, and shall also certify the facts to the officers of Customs at the other ports; all which being done, on the arrival in port of the vessel in which the goods are laden, and everything being found, on examination there, to correspond, she shall be permitted to break bulk, and land the said goods without being subject to the payment of any additional duty thereon. But if, on such examination, the Superintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese Government. Foreign grain or rice brought into any port of China in a ship of the United States, and not landed, may be re-exported without hindrance.
Art. XXII.The tonnage duty on vessels of the United States shall be paid on their being admitted to entry. Duties of import shall be paid on the discharge of the goods, and duties of export on the lading of the same. When all such duties shall have been paid, and not before, the Collector of Customs shall give a port-clearance, and the Consul shall return the ship's papers. The duties shall be paid to the shroffs authorized by the Chinese Government to receive the same. Duties shall be paid and received either in sycee silver or in foreign money, at the rate of the day. If the
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Consul permits a ship to leave the port before the duties and tonnage dues are paid, he shall be held responsible therefor.
Art. XXIII-When goods on board any merchant vessel of the United States in port require to be transhipped to another vessel application shall be made to the Consul, who shall certify what is the occasion therefor to the Superintendent of Customs, who may appoint officers to examine into the facts and permit the transhipment. And 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 individuals; and it shall in like manner be lawful for citizens of the United States to purchase all manner of books in China.
Art. XXVI.-Relations of peace and amity between the United States and China being established by this treaty, and the vessels of the United States being admitted to trade freely to and from the ports of China opeu to foreign commerce, it is further agreed that, in case at any time hereafter China should be at war with any foreign nation whatever, and should for that cause exclude such nation from entering her ports, still the vessels of the United States shall not the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent powers, full respect being paid to the neutrality of the flag of the United States, provided that the said flag shall not protect vessels engaged in the transportation of officers or soldiers in the enemy's service, nor shall said flag be fraudulently used to enable the enemy's ships, with their cargoes, to enter the ports of China; but all such vessels so offending shall be subject to forfeiture and confisca- tion to the Chinese Government.
Art. XXVII.-All questions in regard to rights whether of property or person, arising between citizens of the United States in China, shall be subject to the jurisdiction and be regulated by the authorities of their own 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, and 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 toy 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.
In faith whereof we, the respective plenipotentiaries of the United States of America and of the Ta-Tsing Empire, as aforesaid, have signed and sealed these presents.
Done at Tientsin, this eighteenth day of June in the year of our Lord one thousand eight hundred and fifty-eight, and the Independence of the United States of America the eighty-second, and in the eighth year of Hien Fung, fifth moon, and eighth day.
[L.S.] [L.S.]
[L.S.]
WILLIAM B. Reed.
KWEILIANG.
HWASHANA.
[Appended to the foregoing Treaty are Tariff and Rules identical with those annexed to the British Treaty of Tientsin.]
ADDITIONAL ARTICLES TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND CHINA OF 18TH JUNE, 1858
SIGNED, IN The English and Chinese Languages, at Washington, 28TH JULY, 1868
Ratifications Exchanged at Peking, 23rd November, 1869
Whereas, since the conclusion of the Treaty between the United States of America and the Ta-Tsing Empire (China) of the 18th June, 1858, circumstances have arisen showing the necessity of additional articles thereto: the President of the United States and the August Sovereign of the Ta-Tsing Empire have named for their Plenipotentiaries: to wit, the President of the United States of America, William B 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 tra le, 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
114 ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA
the United States, the right to attack the citizens of the United States, or their property, within the said lands or waters: And the United States, for themselves, hereby agree to abstain from offensively attacking the citizens or subjects of any power or party, or their property, with which they may be at war, on any such tract of land or water of the said Empire. But nothing in this article shall be construed to prevent the United States from resisting an attack by any hostile power or party upon their citizens or their property,
It is further agreed that if any right or interest in any tract of land in China, has been, or shall hereafter be, granted by the Government of China to the United States or their citizens for purposes of trade or commerce, that grant shall in no event be construed to divest the Chinese Authorities of their right of jurisdiction over persons and property within said tract of land except so far as the right may have been expressly relinquished by treaty.
Art. II.-The United States of America and His Majesty the Emperor of China, believing that the safety and prosperity of commerce will thereby best he 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 Chinèse 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 of 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 religions faith or worship in either country. Cemeteries for sepulture of the dead, of whatever nativity or nationality, shall be held in respect and free from disturbance or profanation.
Art. V. The United States of America and 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 same privileges, immunities, and exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favoured nation. But nothing herein contained shall be held to confer naturalization upon citizens of the United States in China, nor upon the subjects of China in the United States.
Art. VII.-Citizens of the United States shall enjoy all the privileges of the public educational institutions under the control of the Government of China; and reciprocally Chinese subjects shall enjoy all the privileges of the public educational institutions under the control of the Government of the United States, which are enjoyed in the respective countries by the citizens or subjects of the most favoured nation. The citizens of the United States may freely establish and maintain schools within the Empire of China at those places where foreigners are by treaty permitted
IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U. S. & CHINA 115
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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 band, 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 Western Power for 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.] [L.8.]
(Signed)
"
L.8. [L.S.]
>>
WILLIAM H. SEWARD. ANSON BURLINGAME. CHIH KANG.
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 James B. Angell, of Michigan; John F. Swift, of California; and William H. Trescott, of South Carolina, as his Commissioners Plenipotentiary; and His Imperial Majesty the Emperor of China has appointed Pao Chun, a member of His Imperial Majesty's Privy Council and Superintendent of the Board of Civil Office, and Li Hung Tsao, a 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. I.-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,
116 IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U. S. & CHINA
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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, limit, 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, of 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 vill 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 measures for their protection, and secure to them the same rights, privileges, inmunities, and exemptions as may be enjoyed by the citizens or subjects of the most favoured nation, and to which they are entitled by treaty.
Art. IV. The high contracting Powers, having agreed upon the foregoing Articles, whenever the 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 upou 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 Li 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 Governments 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.le
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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.
Art. IV.--When controversies arise in the Chinese Empire between citizens of the United States and subjects of His Imperial Majesty, which need to be examined and decided by the public officer of the two nations, it is agreed between the Governments of the United States and China that such cases shall be tried by the proper official of the nationality of the defendant. The properly authorized official of the plaintiff's nationality shall be freely permitted to attend the trial, and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interest of justice, and if he so desire, he shall have the right to be present and to examine and to cross-examine witnesses, If he is dissatisfied with the proceedings, he shall be permitted to protest against them in debate. The law administered will be the law of the nationality of the officer trying the case.
In faith whereof, the respective Plenipotentiaries have signed and sealed the foregoing, at Peking, iu 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 roon, fifteenth day.
(Signed)
71
JAMES B. Angell.
JOHN F. SWIFT.
WILLIAM H. TRESCOTT.
PAO CHUN.
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IMMIGRATION PROHIBITION TREATY BETWEEN THE U. S. & CHINA
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, aud of Kwanhsui, the sixth" year, the tenth month, and the 15th day, a treaty was concluded between the United States and China 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 antagonisin 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 dụe 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 : foresaid, 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 the 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.
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
IMMIGRATION PROHIBITION TREATY BETWEEN THE U. S. & CHINA
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port whence they depart. It is also agreed that Chinese labourers shall 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 necessary 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, ither 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 months before the expiration of the said period of ten years neither Government shall bave formally given notice of its final termination to the other, it shall remain in full force for another like period of ten years.
In faith whereof, we, the respective plenipotentiaries, have sigued 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.
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PORTUGAL
PROTOCOL, TREATY, CONVENTION, AND AGREEMENT BETWEEN PORTUGAL AND CHINA
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 alienaté 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 II. and of Isabella the Catholic of Spain, and Knight of the Iron Crown of Austria:
His Imperial Majesty the Emperor of China, His Highness Prince Ch'ing, Pre- sident of the Tsnug-li Yamên, and Sun, Minister of the Tsung-li Yamên and Senior Vice-President of the Board of Public Works;
Who, after having communicated to each other their respective full powers and found them to be in good and due form, have agreed upon the following Articles:
Art. I.-There shall continue to exist constant peace and amity between His Most Faithful Majesty the King of Portugal and the Algarves and His Imperial Majesty the Emperor of China, whose respective subjects shall equally enjoy in the dominions of the High Contracting Parties the most complete and decided protection for their persons and property.
Art. II China confirms in its entirety the second article of the protocol of Lisbon, relating to the perpetual occupation and government of Macao by Portugal.
It is stipulated that Commissioners appointed by both Governments shall proceed, to the delimitation of the boundaries, which shall be determined by a special con- vention; but so long as the delimitation of the boundaries is not concluded, every- thing in respect to them shall continue as at present, without addition, diminution, or alteration by either of the parties.
Art. III.-Portugal confirms, in its entirety, the third article of the protocol of Lisbon, relating to the engagement never to alienate Macao without previous agiee- ment with China.
Art. IV.-Portugal agrees to co-operate with China in the collection of duties on opium exported from Macao into China ports, in the same way, and as long as England co-operates with China in the collection of duties on opium exported from Hongkong into Chinese ports.
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The basis of this co-operation will be established by a convention appended to this treaty, which shall be as valid and binding to both the High Contracting Parties is 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 their 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 Government may also, if it thinks fit, appoint an Ambassador, Minister, or other diplomatic agent to reside at Lisbon, or to visit that Court 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 nations; their persons, families, and houses, as well as their correspondence shall be inviolate.
Art. VII. The official correspondence addressed by Portuguese authorities to the Chinese authorities shall be written in the Portuguese language accompanied by a translation in Chinese, and each nation shall regard as authoritative the document written in its own language.
Art. VIII.-The form of correspondence between the Portuguese and the Chi- aese 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 terms of perfect equality. Merchants and generally all others who are not invested with an official character shall adopt, in addressing the authorities, the form of representation or petition (Pin-ching).
Art. IX.-His Most Faithful Majesty the King of Portugal and the Algarves may appoint Consuls-General, Consuls, Vice-Consuls, or Consular agents in the ports or other places where it is allowed to other nations to have them. These functionaries. will have powers and attributes similar to those of the Consuls of other nations, and will enjoy all the exemptions, privileges, and immunities 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
The Consuls and acting Consuls will rank with Tao-tais, Vice-Consuls, acting Vice-Consuls, Consular agents and interpreters-translators, with Prefects. 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 reduction 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 tariff of 1858, adopted for all the other nations; and in no instance shall higher duties be exacted from them than those paid by the subjects of any other foreign nation.
Art. XIII.-Portuguese subjects are permitted to hire any 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, and 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 protection to the persons and to the property of Portuguese subjects in China, whenever they may be exposed to insult or wrong. In case of robberv 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 possession 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 after 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 allowed to proceed and no opposition shall be offered, especially to his hiring persons or vessels for the carriage of his baggage or merchandise.
If he be without a passport, or if he commits any offence against the law, be shall be handed over to the nearest Consul of Portugal to be punished, but he must not be subjected to an oppressive measure. No passport need be applied for by persons going on excursions from the ports open to trade to a distance not exceeding 100 li and for a period not exceeding five days.
The provisions of this article do not apply to crews of ships, for the due restraint of whom regulations will be drawn up by the Consul and the local authorities.
Art. XVIII.-In the event of a Portuguese merchant vessel being plundered by pirates or thieves within Chinese waters, the Chinese authorities are to employ their utmost exertions to seize and punish the said robbers and to recover the stolen goods, which, through the Consul, shall be restored to whom they belong.
Art. XIX.-If a Portuguese vessel be shipwrecked on the coast of China, or be compelled to take refuge in any of the ports of the Empire, the Chinese authorities, on receiving notice of the fact, shall provide the necessary protection, affording
TREATY BETWEEN PORTUGAL AND CHINA
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prompt assistance and kind treatment to the crews and, if necessary, furnishing them the means to reach the nearest Consulate.
The
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. Superintendent of Customs shall grant a certificate declaring that the tonnage dues have been paid.
Art. XXI.-Import duties shall be paid on the landing of goods; and export duties upon the shipment of the same.
Art. XXII.-The captain of a Portuguese ship may, when he deems convenient, Land only a part of bis cargo at one of the open ports, paying the duties due on the portion landed, the duties on the remainder not being payable until they are landed at some other port.
Art. XXIII.-The master of a Portuguese ship has the option, 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 "Iacted.
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 tonunge dues; but all such vessels carrying merchandise subject to duty shall pay tonnage dues every four months at the rate of one mace per ton.
Art. XXV.-Portuguese merchant vessels approaching any of the open ports will be at liberty to take a pilot to reach the harbour; and likewise to take a pilot to leave it, in case the said ship shall have paid all the duties due by her.
Art. XXVI.-Whenever a Portuguese merchant ship shall arrive at any of the open ports of China, the Superintendent of Customs will send off one or more Custom house officers, who may stay on board of their boat or on board of the ship as best suits their convenience. These officers will get their food and all necessaries from the Custom house, and will not be allowed to accept any fee from the captain of the ship or from the consignee, being liable to a penalty proportionate to the amount received by them.
Art. XXVII. Twenty-four hours after the arrival of a Portuguese merchant ship at any of the open ports, the papers of the ship, manifest, and other documents, shall be handed over to the Consul, whose duty it will be also to report to the Superintendent of Customs within twenty-four hours, the name, the registered tonnage, and the cargo brought by the said vessel. If, through negligence or for any other motive, this stipulation be not complied with within forty-eight hours after the arrival of the ship, the captain shall be subject to a fine of fifty taels for each day's delay over and above that period, but the total amount of the fine shall not exceed two hundred taels.
The captain of the ship is responsible for the correctness of the manifest, in which the cargo shall be minutely and truthfully described, subject to a fine of five 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 delivery of the manifest to the Custom house officers, the captain expressed the wish to rectify any error which may have been discovered in the said manifest.
Art. XXVIII.-The Superintendent of Customs will permit the discharging of the ship as soon as he shall have received from the Consul the report drawn in due form. If the captain of the ship should take upon himself to commence discharging without permission, he shall be fined five hundred taels, and the goods so discharged shall be confiscated.
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TREATY BETWEEN PORTUGAL AND CHINA
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 return the papers, in order that she may proceed on her voyage.
Art. XXXII.-When any doubt may arise as to the value of goods which by the tariff are liable to an ad valorem duty, and the Portuguese merchants 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 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 entertained if made within the term of twenty-four hours; and in such a case no entry is to be made in the Custom-house books in relation to the said goods until the question shall have been settled.
Art. XXXIV.-Damaged goods will pay a reduced duty proportionate to their deterioration; any doubt on this point will be solved in the way 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 fraud, 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 will be communicated to the Custom house officers at other ports.
Upon arrival of the ship at the port to which the goods are carried, permission will be granted to land without any new payment of duties whatsoever if, upon examination, they are found to be the identical goods; but if during the ex- amination any fraud be detected, the goods may be confiscated by the Chinese Govern-
ment.
Should any Portuguese merchant wish to re-export to a foreign country any goods imported, and upon which duties have been already paid, he will have to make his application in the same form as required for the re-exportation of goods to another port in China, in which case a certificate of drawback or of restitution of duties will be granted, which will be accepted by any of the Chinese Custom-house 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 tbe measures which
they may deem the most convenient to avoid fraud or smuggling.
Art. XXXVII.-The proceeds of fines and confiscations inflicted on Portuguese subj cts, 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 the 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- 3.ips.
Art. XL.-Duties shall be paid to the bankers authorized by the Chinese Govern- ment to receive them in sycee or in foreign coin, according to the official assay made at Canton on the 15th July, 1843.
Art. XLI.-In order to secure the regularity of weights and measures and to avoid confusion, the Superintendent of Customs will hand over to the Portuguese Consul at each of the open ports standards similar to those given by the Treasury Department for collection of public dues to the Customs at Canton.
Art. XLII.-Portuguese merchant ships may resort only to those ports of China which are declared open to commerce. It is forbidden to them, except in the case of force majeure provided for in Article XIX., to enter into other ports, or to carry on a clandestine trade on the coast of China, and the transgresser of this order 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-louse, which will exempt them from paying new tonnage dues, during the period of four months reckoned from the date of clearance.
Art. XLIV.-If any Portuguese merchant ship is found smuggling, the goods smuggled, no matter of what nature or value, will be subject to confiscation by the Chines › 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 criminals be harboured nor. shall there be delay in delivering them.
Art. XLVI.-It is agreed that either of the High Contracting Parties to this Treaty may demand a revision of the Tariff, and of the commercial articles of this Treaty, at the end of ten years; but if no demand be made on either side within six months after the end of the first ten years, then the tariff shall remain in force for ten years more, reckoned from the 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, by
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TREATY BETWEEN PORTUGAL AND CHINA.
Art. XLIX. If any Chinese subject shall have i ecome indebted to a Portuguese subject and withholds payment, 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 subjects.
Art. L.-Whenever any Portuguese subject shall have to petition the Chinese authority of a district, he is to submit his statement beforehand to the Consul, who will cause the same to be forwarded should he see no impropriety in so doing, otherwise he will have it written out in other terms, or decline to forward it. Likewise, when a Chinese subject shall have occasion to petition the Portuguese Consul he will only be allowed to do so through the Chinese authority, who shall proceed in the same manner.
Art. LI.-Portuguese subjects who may have any complaint or claim against any Chinese subject, shall lay the same before the Consul, who will takë due cognizance of the case and will use all his efforts to settle it amicably. Likewise, when a Chinese subject shall have occasion to complain of a Portuguese subject, the Consul will listen to his complaint and will do what he possibly can to re-establish harmony between the two parties.
If, however, the dispute be of such a nature that it cannot be settled in that conciliatory way, the Portuguese Consul and Chinese authorities will hold a joint investigation of the case, and decide it with equity, applying each the laws of his own country according to the nationality of the defendant.
Art. LII.-The Catholic religion has for its essential object the leading of men to virtue. Persons teaching it and professing it shall alike be entitled to efficacious protection from the Chinese authorities; nor shall such persons pursuing peaceably their calling and not offending against the laws be prosecuted or interfered with.
Art. LIII.-In order to prevent for the future any discussion, and considering that the English language, among all foreign languages, is the most generally known in China, this Treaty, with the Convention appended to it, is written in Por- tuguese, Chinese, and English, and signed in six copies, two in each language. All these versions have the same sense and meaning, but if there should happen to be any divergence in the interpretation of the Portuguese and Chinese versions, the English text will be made use of to resolve the doubts that may have arisen.
Art. LIV. The present Treaty, with the Convention appended to it, shall be ratified by His Most Faithful Majesty the King of Portugal and the Algarves and His Imperial Majesty the Emperor of China. The exchange of the ratifications shall be made, within the shortest possible time, at Tientsin, after which the Treaty, with the Convention appended, shall be printed and published in order that the functionaries and subjects of the two countries may have full knowledge of their stipulations and may fulfil them.
In faith whereof, the respective Plenipotentiaries have sigued the present Treaty and have affixed their seals thereto.
Done in Peking, this first day of the month of December in the year of Our Lord Jesus Christ one thousand eight hundred and eighty-seven, corresponding to the Chinese date of the seventeenth day of the tenth moon of the thirteenth year of Kwang-Sü.
[L.S.] (Signed)
Chinese Seal}
Signatures of the Chinese Plenipotentiaries.
CONVENTION
THOMAS DE SOUZA Roza.
Prince CH'ING.
SUN-IU-UEN.
It having been stipulated in the Art. IV. of the Treaty of Amity and Commerce, concluded between Portugal and China on the 1st day of the month of December,
TREATY BETWEEN PORTUGAL AND CHINA
127
1887, that a Convention shall be arranged between the two High Contracting Parties in order to establish a basis of co-operation in collecting the revenue on opium ex- ported from Macao to Chinese ports, the undersigned Thomas de Souza Roza, Envoy Extraordinary and Minister Plenipotentiary of His Most Faithful Majesty the King of Portugal and the Algarves, in special mission to the Court of Peking, and His Highness the Prince Ch'ing, President of the Tsung-li Yamen, and Sun, Minister of the Tsung-li Yamen and Senior Vice-President of the Board of Public Works, Min- isters Plenipotentiaries of His Imperial Majesty the Emperor of China, have agreed on the following Convention in three articles:-
Art. I.-Portugal will enact a law subjecting the opium trade of Macao to the following provisions:-
1.-No opium shall be imported into Macao in quantities less than one chest. 2. All opium imported into Macao must, forthwith on arrival, be reported to the competent department under a public functionary appointed by the Portuguese Government, to superintend the importation and exportation of opium in Macao.
3. No opium imported into Macao shall be transhipped, landed, stored, removed from one store to another, or exported, without a permit issued by the Superintendent. 4. The importers and exporters of opium in Macao must keep a register, accord- ing to the form furnished by the Government, showing with exactness and clearness the quantity of opium 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 opium at retail, will be permitted to keep in their custody raw opium in quantities inferior to one chest. 6.-Regulations framed to enforce in Macao the execution of this law will be equivalent to those adopted in Hongkong for similar purposes.
Art. II.-Permits for the exportation of opium from Macao into Chinese ports, after being issued, shall be communicated by the Superintendent of Opium to the Commissioner of Customs at Kung-pac-uan.
Art. III. By mutual consent of both the High Contracting Parties the stipula- tions of this Convention may be altered at any time.
In faith whereof the respective Plenipotentiaries have signed and sealed this Convention.
Done in Peking this first day of December in the year of Our Lord Jesus Christ one thousand eight hundred and eighty seven, corresponding 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 authorized by His Excellency Thomas de Souza Roza, Chief of the said Mission, and Sir Robert Hart, K.C.M.G., Inspector-General of the Chinese Imperial Maritime Customs, provided with the necessary instructions from the Chinese Government, have agreed on the following:
1.-An office under a Commissioner appointed by the Foreign Inspectorate of the Chinese Imperial Maritime Customs, shall be established at a convenient spot on Chinese territory, for the sale of opium duty certificates, to be freely sold to merchants
128
TREATY BETWEEN JAPAN AND CHINA.
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 those leviable on junks and their cargoes trading between Chinese ports and Hongkong, and no dues whatsoever shall be de- manded from junks proceeding to Macao from ports of China, or coming from Macao to ports in China, over 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 Macao may be re-exported from Macao to Chinese ports without paying Customs duties and Likin tax again, and will be only subject to the payment of the tax named 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)
BERNARDO PINHEIRO CORREA de Mello,
Secretary of the Special Mission of His Most Faithful Majesty. (Signed) 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 Emperor of Japan, Count Ito Hirobumi, Junii, Grand Cross of the Imperial Order of Paulownia, Minister-President 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: oog e
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Art. I.-China recognizes definitely the full and complete independence and autonomy of Corea, and, in consequence, the payment 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 prop rty 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 Haicheng; from thence to Ying 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 east of Greenwich 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 also be the duty of the Delimitation Commission to nctify 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 years, 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 ratifications 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 appoint 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 Regulations, 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 and trade, industries, ships and subjects, shall in every respect be accorded by China most favoured-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 addition to those already opened shall be opened to the trade, residence, industries, and manufactures of Japanese subjects under the same conditions, and with the same 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 Province of Szechuan, (3.) Suchow, in 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 arc 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 Act. E
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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 said 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 manner, 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 affixed 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.S.)
(L.S.)
(L.S.)
(L.S.)
Count Iro
HIROBUMI, Junii, Grand Cross of the Imperial Order of Paullownia, Minister-President of State, Plenipotentiary of His 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 Earl 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.
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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 named 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 State 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 having 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 to 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 Hsü, 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 say, the Southern portion of the province of Feng-tien from the mouth of the River Yulu to the mouth of the River Au-ping, thence to Feng Huang Ch'ên, thence to Hai Ch'êng 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 part 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 Southeru portion of the province of Feng Tien, the Chinese Government engage to pay to the Japanese Government 30,000,000 Kuping Taels on or before the 30th day of the 9th mouth 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 Taels 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 punish in any manner nor to allow to be punished those Chinese subjects who have in any manner been compromised in connection 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.
Doue at Peking this twenty-second day of the ninth month of the twenty-first year of Kuang Hsü, corresponding to the eighth day of the eleventh month of the twenty-eighth year of Meiji (November 8th, 1895).
[L.S.] BARON HAYashi Tadasu. [L.S.] DILI HUNG-CHÁNG.
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-hsü, 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 may, 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 attendants 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 extended 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 the 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 shall be subject to confiscation by the Chinese Government.
Art. VI.-Japanese subjects may travel, for their pleasure or for purposes of trade, to all parts of the interior of China, under passports issued by Japanese Consuls and countersigned by the Local Authorities. These passports, if demanded, 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 carriage 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 for punishinent but they shall only be subject to necessary restraint and in no case to ill-usage. Such passports 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 fiue 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 and 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 sum 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 boats, neither shall a monopoly, 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 exported 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.
Art. X.-All articles duly imported into China by Japanese subjects or from Japan shall, while being transported, subject to the existing Regulations, from one open port to another, be wholly exempt from all taxes, imposts, duties, lekin, charges
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135
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 bona 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 tonnage 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 tonnage 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 Japanese vessels and boats, and it is also understood that such vessels and boats shall not be required to pay other or higher tonnage dues than the vessels and boats of the most favoured nation.
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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 cause, 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 shall 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 anthorities.
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 ir 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 Japanese 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.
Árt. 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 Hsu (July 21st, 1896).
[1..8.] [L.8.]
CHANG YIN-HOON.
HAYASHI TADASU.
PROTOCOL REGARDING NEW PORTS
MADE AT PEXing, 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 tlie 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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TREATY BETWEEN CHINA AND JAPAN
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.
[Signed]
HAYASHI TAdasu.
PRINCE KING.
YIN LU.
CHANG YIN-WHAN,
Nineteenth day, tenth month, twenty-ninth year of Meiji; thirteenth day, uinth month, twenty-second year of Kuang Hsü.
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TREATIES WITH COREA
GREAT BRITAIN
TREATY BETWEEN GREAT BRITAIN AND COREA
SIGNED, IN The English and CHINESE LANGUuages, 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 Yöng-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, ber heirs and successors, and His Majesty the King of Corea, his heirs and succes- sors, and between their respective dominions and subjects, who shall enjoy full security and protections for their persons and property within the 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 offices 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-Ġeneral, 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. igitized by
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TREATY BETWEEN GREAT BRITAIN AND COREA
3. The Consular officers of both countries shall exercise their functions on receipt of due authorisation from the Sovereign or Government of the country in which they respectively reside, and shall not be permitted to engage in trade.
Art. III. Jurisdiction over the persons and property of British subjects in Corea shall be vested exclusively in the duly authorised British Judicial authorities, who shall bear and determine all cases brought against British subjects by any British or other foreign subject or citizen without the intervention of the Corean authorities.
2.-If the 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. If the British authorities or a British subject make any charge or complaint against a Corean 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 the 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 he 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,
TREATY BETWEEN GREAT BRITAIN AND COREA
141
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 and 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.
These
6.-British subjects shall be allowed to go where they please without passports within a distance of one hundred Corean li from any of the ports and places open to trade, or within such limits as may be agreed upon between the competent authorities of both countries. British subjects are also authorised to travel in Corea for pleasure or for purposes of trade, to transport and sell goods of all kinds, except books and other printed matter disapproved of by the Corean Government, and to purchase native produce in all parts of the country, under passports which will be issued by their Consuls and countersigned or sealed by the Corean local authorities. passports, if demanded, must be produced for examination in the districts passed through. If the passport be not irregular, the bearer will be allowed to proceed, and he shall be at liberty to procure such means of transport as he may require. Any British subject travelling beyond the limits above named without a passport, or com- mitting when in the interior any offence, shall be arrested and handed over to the nearest British Consul for punishment. Travelling without a passport beyond the said limits will render the offender liable to a fine not exceeding one hundred Mexican dollars, with or without imprisonment for a term not exceeding one month.
7.-British subjects in Corea shall be amenable to such inunicipal, 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 in any industrial occupation.
2.-The owners or consignees of all goods imported from any Foreign port upou 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 ou 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 Customse
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TREATY BETWEEN GREAT BRITAIN AND COREA
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 food within the kingdom, His Majesty the King of Corea may, by Decree, temporarily prohibit the export of grain to foreign countries from any or all of the Corean open ports, and such prohibition shall become binding on British subjects in Corea on the expiration of one month from the date on which it shall have been officially communicated by the Corean Authorities to the British Consul at the port concerned, but shall not remain longer in force than is absolutely necessary.
7.-All British ships shall pay tonnage dues at the rate of thirty cents (Mexican) per register ton. One such payment will entitle a vessel to visit any or all of the open ports in Corea during a period of four months without further charge. All tonnage dues shall be appropriated for the purposes of erecting lighthouses and beacons and placing buoys on the Corean coast, more especially at the approaches to the open ports, and in deepening or otherwise improving the anchorages. No tonnage dues shall be charged on boats employed at the open ports in 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 und 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, and may arrest any British subject concerned in such smuggling or attempt to smuggle. They shall immediately forward any person so arrested to the nearest British Consul for trial by the proper British Judicial authority, and may detain such goods until the case shall have been finally adjudicated.
Art. VII.-If a British ship be wrecked or stranded on the coast of Cores, 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
same.
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TREATY BETWEEN GREAT BRITAIN AND COREA
143
4.-No charge shall be made by the Government of Corea for the expenses of the Government officers, local functionaries, or police who shall proceed to the wreck for the travelling expenses of officers escorting the shipwrecked men, nor for the expenses of official correspondence. Such expenses shall be borne by the Corean Government.
5.-Any British merchant ship compelled by stress of weather or by want of fuel or provisions to enter an unopened port in Corea shall be allowed to execute repairs, and to obtain necessary supplies. All such expenses shall be defrayed by the master of the vessel.
Art. VIII. The ships of war of each country shall be at liberty to visit all the ports of the cther. They shall enjoy every facility for procuring supplies of all kinds or for making repairs, and shall not be subject to trade or harbour regulations, nor be liable to the payment of 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.-Sabjects 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- Lion, 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 ns 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 Ĉorea 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 Cores, 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.gitized by ·oog e
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REGULATIONS FOR BRITISH TRADE WITH COREA
Done in triplicate 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 Hsü.
[L.S.] [L.S.]
HARRY S. PARKES.
MIN YONG-MOK.
REGULATIONS UNDER WHICH BRITISH TRADE IS TO BE
CONDUCTED IN COREA
1.-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 persons to whom they are consigned. The master shall certify that this description is correct, and shall sign his name to the same. When a vessel has been duly entered, the Customs authorities will issue a permit to open hatches, which shall be exhibited to the Customs officer on board. Breaking bulk without having obtained such permission will render the master liable to a fine not exceeding one hundred 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 handed in, without the payment of any fee, but for alteration or post entry to the manifest made after that time a fee of five Mexican dollars shall be paid.
3.-Any 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 uit engage in trade.
5.-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 certificate 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-
REGULATIONS FOR BRITISH TRADE WITH COREA
145
chandise. If it is not produced, or if its absence is not satisfactorily accounted for, the owner shall be allowed to land his goods on payment of double the Tariff duty, but the surplus duty so levied shall be refunded on the production of the invoice.
2.-All goods so entered may be examined by the Customs officers of the places appointed for the purpose. Such examination shall be made without delay or injury to the 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 be dissatisfied with that appraisement, he shall within twenty-four hours (exclusive of Sundays and holidays) state his reasons for such dissatisfaction to the Commissioner of Customs, and shall appoint an appraiser of his own to make a re-appraisement. He shall then declare the value of the goods as determined by such re-appraisement. The Commissioner of Customs will thereupon, at his option, either assess the duty on the value deter- mined by this re-appraisement, or will purchase the goods from the importer or exporter at the price thus determined, with the addition of five per cent. In the latter case the purchase money shall be paid to the importer or exporter within five days from the date on which he has declared the value determined by his own appraiser.
4.-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 naine 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 Coreau Customs authorities, or between the hours of sunset and sunrise, or on Sundays or holidays, without the special permission of the Customs authorities, who will be entitled to reasonable fees for the extra duty thus performed.
7.-Claims by importers or exporters for duties paid in excess, or by the Customs authorities for duties which have not been fully paid, shall be entertained only when made within thirty days from the date of payment.
8.-No entry will be required in the case of provisions for the use of British ships, their crews and passengers, nor for the baggage of the latter which may be landed or shipped at any time after examination by the Customs officers.
9.-Vessels needing repairs may land their cargo for that purpose without the payment of duty. All goods so landed shall remain in charge of the Corean 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 ship in which cargo is stowed. They shall be treated with civility, and such reasonable accommodation shall be allowed to them as the ship
affords.
2.-The hatches and all other places of entrance into that part of the ship where cargo is stowed may be secured by the Corean Customs officers between the hours of
e sunset and sunrise, and on Sundays and holidays, by affixing seals, locks, or other
146
PROTOCOL TO TREATY BETWEEN GREAT BRITAIN AND COREA
fastenings, and if any person shall, without due permission, wilfully open any entrance that has been so secured, or break any seal, lock, or other fastening that has been affixed by the Corean Customs officers, not only the person so offending, but the master of the ship also, shall be liable to a penalty not exceeding one hundred Mexican dollars.
3-Any British subject who ships, or attempts to ship, or discharges, or attempts to discharge, goods which have not been duly entered at the Custom house in the manner above provided, or packages containing goods different from those described in the import or export permit application, or prohibited goods, shall forfeit twice the value of such goods, and the goods shall be confiscated.
4.-Any person signing a false declaration or certificate with the intent to defraud the revenue of Corea shall be liable to a fine not exceeding two hundred Mexican dollars.
5.-Any violation of any provision of these Regulations, to which no penalty is specially attached therein, may be punished by a fiue 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.
+
}
1
+
[L.S.] [L.S.]
HARRY S. PARKES.
MIN YONG-YOK.
PROTOCOL
The above-named Plenipotentiaries hereby make and append to this Treaty the following three Declarations:-
I-With reference to Article III. of the Treaty, 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 Government, the laws and legal procedure of Corea shall have been so far modified and reformed as to remove the objections which now exist to British subjects being placed under Corean jurisdiction, and Corean Judges shall have attained similar legal qualifications and a similar independent position to those of British Judges.
II. With reference to Article IV. of this Treaty, it is hereby declared that if the Chinese Government shall hereafter surrender the right of opening commercial establishments in the city of Hauyang, 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 be 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 Hsü.
[L.S.] HARRY S. PARKES. [L.S.]Digitiz: MIN YONG-MOE.
}
COREAN TARIFF
IMPORTS
147
No.
1 Agricultural implements
2 Alum
3 Amber
4 Anchors and chains
Ad valorem
ARTICLE.
Rate of Duty. Per cent.
No.
ARTICLE.
Free
52
Fans, all kinds
5 53
Feathers, all kinds
20
54
Felt
***
5
55
Fire engines
56
Fireworks
57
Fish, fresh
58
dried and salted
59
Flax, hemp, and jute...
20
60
Flints
***
20
61
Floor rugs, all kinds
+++
晶
5
63
5
64
5 Arms, ammunition, fire-arms, fowling- pieces, or sidearms imported under special permit of the Corean Govern-
ment for sporting purposes or for self- defence
6 Artificial flowers
7 Bamboo, split or not
8 Bark for tanning
9 Beans, peas, and pulse, all kinds
10 Beer, porter, and cider
11 Beverages, such as lemonade, ginger beer, soda and mineral waters
12 Birds' nests
13 Blankets and rugs
14 Bones
15 Books, maps, and charts
16 Bricks and tiles
:
.
17 Bullion, being gold or silver refined
:
18 Buttons, buckles, hooks and eyes, &c. 19 Camphor, crude
62 Flour and meal, all kinds
Foil, gold and silver
Ad valorem Rate of Duty.
Per cent.
74
78
71
Free
***
tin, copper, and all other kinds...
1065, Fruit, fresh, all kinds
20
5
71
5
5
10
5
66
dried, salted, or preserved
71 67
Furniture of all kinds
10
...
20
68
7
Furs, superior, as suble, sen otter, seal,
ofter, beaver, &c.
20
***
69
Gamboge
74
ffofofo of
74
71
74
71
Free 70
20
***
71
5 71
Free
Ginseng, red, white, crude, and clarified Glass, window, plain and coloured, all
qualities
...
Glass, plute, silvered or unsilvered,
framed or unframed...
20
refined
21 Candles
22 Canvas
23 Carmine
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.....
2 Cement, as Portland and other kinds
29
Charcoal...
3) Chemicals, all kinds...
31 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
Cochineal
36 Cocoons
71 72
5
!
1073
Glassware, all kinds.....
774
Glue
7175
Grain and corn, all kinds
1076
777
78
79
human...
"
1
10
80
20
81
241 82
11
:
7} 83 7A
Grasscloth, and all textiles in hemp,
jute, &c.
Guano and manures, all kinds Hair, all kinds except human
ornaments, gold and silver
Hides and skins, raw and undressed tanned and dressed
Horns and hoofs all kinds not otherwise
provided for
•
gabögaf aa55
71
71
5
7 84
Incense sticks
20
齋
10
85
India-rubber, manufactured or not
10
86
Isinglass, all kinds
71
7 87
Ivory, manufactured or not
20
*
88
Jude-ware
20
***
...
10
...
89
Jewellery, real or imitation
20
5 20
90
...
Kerosine, or petroleum, and other
mineral oils
7'91
Lacquered-ware, common ...
10
Free, 92
superior
20
10
93
Lamps, all kinds
71
20 94
Lanterns, paper.....
5
:
71 95 5 96 7
7}
•
10
10
296
37 Coins, gold and silver
39 Confectioneries and sweetmeats, all kinds 39 Coral, manufactured or not
40 Cordage and rope, all kinds and sizes... 41 Cotton, raw ...
42 Cotton manufacture, all kinds... 43 Cotton and woollen mixtures, all kinds + Cotton and silk mixtures, all kinds 45 Cutlery, all kinds...
46 Drugs, all kinds
Leather, all ordinary kinds, plain...
superior kinds, and stamped, figured, or coloured...
797 Leather manufactures, all kinds
Linen, linen and cotton, linen and wool- len mixtures, linen and silk mixtures, all kinds
798
G
Lime...
7į 99
5 |
7100
71 101
20
...
20 102
47 Dyes, colours, and paints, paint oils, and materials used for mixing paints Earthenware
48
49 Embroideries in gold, silver, or silk
Enamel-ware
51 Explosives used for mining, &c., and imported under special permit
Matches
Matting, floor, Chinese, Japanese, coir,
&c., common qualities
Matting, superior qualities, Japanese
"tatamis,""&c.
10 103 Meat, freshey.oogle.
7
74
5
1.19
COREAN TARIFF
Medicines, all kinds not otherwise
provided for
106 Metals, all kinds, iu pig, block, ingot, slab, bar, rod, plate, sheet, hoop, strip, band and flat, T and angle-iron, old and scrap iron...
107 Metals, all kinds, pipe or tube, cor- rugated or galvanized, wire, steel, tin- plates. quicksilver, nickel, platina, German silver, yellow metal, tuten- agne, or white copper, unrefined gold
and silver
108 Metal manufactures, all kinds, as nails, screws, tools, machinery, railway plant,
No.
ARTICLE.
Ad valorem Rate of Duty.
No.
Per cent.
104
Meat, dried and salted...
71
105
5
...
ARTICLE.
Ad valorem Rate of Duty.
Per cent.
162 Silk manufactures, as gauze, crape, Japanese amber lustrings, satins, satin damasks, figured satins, Japanese white silk ("habutai")
...
10
153 Silk manufactures not otherwise pro-
vided for
5
154
Silk thread and floss silk in skein...
10
155
Soap, common qualities
10
156
Soap, superior qualities
71
157 Soy, Chinese and Japanese
5
158
Spectacles
*
159
Spices, all kinds
20
7}
160
Spirits, in jars
7
***
161
Spirite and liqueurs, in wood or bottle,
all kinds
20
and hardware...
7}
162
109 Models of inventions
Free
Stationery and writing materials, all
kinds, blank books, &c.
110
Mosquito netting, not made of silk...
7}}
163
Stones and slate, cut and dressed...
111
made of silk
10
164
112
Musical boxes ...
10
-
113
114
Musk
115
116
Musical instruments, all kinds
Needles and pins
Oil-cake
117 Oils, vegetable, all kinds
10
165
...
20
166
Sulphur
7}
167
5
...
:
71
168
Sugar, brown and white, all qualities,
molasses, and syrups...
Sugar candy
Table stores, all kinds, and preserved
provisions
Tallow
:
118 Oil, wood (Tung-yu).....
169
Tea
119 Oil, and floor-cloth, all kinds...
71
170
Telescopes and binocular glasses
120 Packing bags, packing matting, tea-
171
Tobacco, all kinds and forms...
lead, and ropes for packing goods Free
172
Tortoise shell, manufactured or not
121 Paper, common qualities
5
173
Tooth powder...
122
all kinds, not otherwise provided
174
Travellers' baggage...
for
71
175
Trunks and portmanteaux
123 Paper, coloured, fancy, wall and hanging 124 Pearls
10
176
20
in silk
125 Pepper, unground...
5
177
Types, new and old
Twine and thread, all kinds, excepting
Free
Free
曲曲●
126
Perfumes and scents
20
178
Umbrellas, paper
127 Photographic apparatus
10
179
cotton
128 Pictures, prints, photographs, engrav-
180
milk
ings, all kinds framed or unframed
10
181
Umbrella frames
129 Pitch and tar
5
182
Varnish
130 Planks, soft
7
183
131
hard
10
184
"
132 Plants, trees and shrubs, all kinds
Free
185
133 Plate, gold and silver
20
186
Vermilion
134 Plated-ware, all kinds
10
187
135 Porcelain, common qualities
71
Vegetables, fresh, dried, and salted Velvet, silk...
Vermicelli
A
Watches, and parts thereof in common
metal, nickel, or silver
:
136
superior qualities
10
188
Watches, in gold or gilt
137 Precious stones, all kinds, set or unset 20
189
War, bees' or vegetable
138 Rattans, split or not
5
190
"
139
Rhinoceros horns
20
191
140 Rosin
7}
192
...
141 Saddlery and harness
10
193
33
142 Salt
71
194
Wool, sheep's, raw...
143 Samples in reasonable quantities
Free
195
144 Sapanwood
***
7} 196
145 Scales and balances..
kinds
146 Scented wood, all kinds
20
197
Works of art
147 Scientific instruments, as physical, ma- thematical, meteorological, and sur-
198
cloth...
Wines in wood or bottle, all kinds Wood or timber, soft
Woollen manufactures, all kinds Woollen and silk mixtures,
Yarns, all kinds, in cotton, wool hemp,
&c.
:
hard...
all
***
82སང ཙམྨསྨཨཏཱཾཨདྡྷ7ཚོ5བ བཙོག་ པས
5
gical, and their appliances
Free
148 Seals, materials for...
10
All unenumerated articles, raw or un-
manufactured ...
5
149 Sea products, as seaweed, bêche-de-mer,
All unenumerated articles, partly manu-
&c.
7
factured
*
445
71
150 Seeds, all kinds
5
-
All unenumerated articles, completely
151 Silk, raw, reeled, thrown, floss or waste
manufactured... Dignized by NA
ogle.
10
COREAN TARIFF
Foreign ships, when sold in Corea, will pay a duty of 25 cents per ton on sailing vessels, and 50 ceats per ton on steamers.
Prohibited Goods.
Adulterated drugs or medicines.
Arms, munitions, and implements of war, as ordnance or cannon, shot and sbell, firearms of all kinds, cartridges, side-arms, spears or pikes,
149
saltpetre, gunpowder, guncotton, dynamite, and other explosive substances.
The Corean authorities will grant special permits for the importation of arms, firearms, and ammunition for purposes of sport or self-defence on satisfactory proof being furnished to them of the bona fide cliaracter of the application.
Counterfeit coins, all kinds.
Opium, except medicinal opium.
EXPORTS
CLASS I,
Duty-Free Export Goods.
Bullion, being gold and silver refined. Coins, gold and silver, all kinds. Plants, trees, and shrubs, all kinds. Samples, in reasonable quantity. Travellers' baggage.
CLASS II.
All other native goods or productions not enumerated in Class I. will pay an ad valorem duty of five per cent.
bited.
RULES
The exportation of red ginseng is prohi-
L-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 a may be deemed desirable, into specific rates by agreement between the competent authorities of the two countries.
[L.S.]
HARRY S. PARKES.
[L.S.]
MIN YONG-MOK.
Digitized by
Google
UNITED STATES
TREATY OF PEACE AND FRIENDSHIP BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF COREA (CHOSEN)
SIGNED AT RENSAN, 22ND MAY, 1882
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 bond fide officials. No merchants shall be permitted to exercise the duties of the office, nor shall consular officers be allowed to engage in trade.
At ports to which no consular representatives have been appointed the consuls of other Powers may be invited to act, provided that no merchant shall be allowed to assume consular functions, or the provisions of this treaty may be, in such case, enforced by the local authorities.
If consular representatives of the United States in Chosen conduct their business in an improper manner their exequaturs may be revoked, subject to the approval, previously obtained, of the diplomatic representative of the United States.
Art. III.-Whenever United States vessels, either because of weather or by want of fuel or provisions, cannot reach the nearest open port in Chosen, they may enter any port or harbour either to take refuge therein or to get wood, coal, and other necessaries or to make repairs; the expenses incurred thereby being defrayed by the ship's master. In such event the officers and people of the locality shall display their sympathy by rendering full assistance, and their liberality by furnishing the necessities required.
If a United States vessel carries on a clandestine trade at a port not open to foreign commerce, such vessel with her cargo shall be seized and confiscated.
If a United States vessel be wrecked on the coast of Chosen, the coast authorities, on being informed of the occurrence, shall immediately render assistance to the crew, provide for their present necessities, and take the measures necessary for the salvage of the ship and the preservation of the cargo. They shall also bring the matter to the knowledge of the nearest consular representative of the United States, in order
TREATY BETWEEN THE UNITED STATES AND COREA
151
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, shall be punished by the authorities of Chosen according to the laws of Chosen; and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons or injure the property of the people of Chosen shall be arrested and punished only by the Consul or other public functionary of the United States thereto authorized, according to the laws of the United States.
When controversies arise in the kingdom of Chosen, 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 the purpose of traffic shall pay duties and tonnage dues and fees according to the customs regulations of the United States, but no higher or other rates of duties and tonnage dues shall be exacted of them than are levied upon citizens of the United States or upon citizens or subjects of the most favoured nation.
Merchants and merchant vessels of the United States visiting Chosen for purposes of traffic shall pay duties upon all merchandise imported and exported. The authority to levy duties is of right vested in the Government of Chosen. The tariff of duties upon exports and imports, together with the customs regulations for the prevention of smuggling and other irregularities, will be fixed by the authorities of Chosen and communicated to the proper officials of the United States, to be by the latter notified to their citizens and duly o served.
It is, however, agreed in the first instance, as a general measure, that the tariff upon such imports as are articles of daily use shall not exceed an ad valorem duty of ten per cent.; that the tariff upon such imports as are luxuries-as for instance foreign wines, foreign tobacco, clocks and watches-shall not exceed an ad valorem duty of thirty per cent., and that native produce exported shall pay a duty not to exceed five per cent. ad valorem. And it is further agreed that the duty upon foreign imports shall be paid once for all at the port of entry, and that no other dues, duties, fees, taxes, or charges of any sort shall be levied upon such imports either in the interior
either of Chosen or at the ports.
Digitized by
152
TREATY BETWEEN THE UNITED STATES AND COREA
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 port.
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 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 the United States and of Chosen, and offenders against it shall be severely puni-hed.
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 every description is prohibited from the open port of Yin-Chuen.
Chosen having of old prohibited the exportation of red ginseng, if citizens of the United States clandestinely purchase it for export it shall be confiscated and the offenders punished.
Art. IX. Purchase of cannon, small arms, swords, 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 lawful 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
1
1
TREATY BETWEEN THE UNITED STATES AND COREA
153
the arrests, or the persons will be arrested by the Consular authorities and handed over to the local constables.
Officials or citizens of the United States shall not harbour such persons.
Art. XI.-Students of either nationality who may proceed to the country of the other in order to study the language, literature, laws, or arts, shall be given all possible protection and assistance, in evidence of cordial goodwill.
Art. XII.This being the first treaty negotiated by Chosen, and hence being general and incomplete in its provisions, shall, in the first instance, be put into opera- tion in all things stipulated herein. As to stipulations not contained herein, after an interval of five years, when the officers and people of the two Powers shall have become more familiar with each other's language, a further negotiation of commercial provisions and regulations in detail, in conformity with international law and without unequal discriminations on either part, shall be had.
Art. XIII.-This Treaty and future official correspondence between the two contracting governments shall be made on the part of Chosen in the Chinese language. The United States shall either use the Chinese language, or if English be used it shall be accompanied with a Chinese version in order to avoid misunderstanding. Art. XIV. The high contracting Powers hereby agree that should at any time the King of Chosen grant to any nation or to the merchants or citizens of any 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 ach 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.
B. W. SHUFELDT,
Commodore United States Navy, Envoy
of the United States to Chosen.
Shin Chen,
CHIN HONG CHI,
Members of the Royal Cabinet of Chosen.
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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 Inouye 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 mouths from the date of signature of this Treaty, shall have the right to send an Euvoy 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 Kensho, 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 ports or harbour either to take refuge therein, or to get supplies of
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TREATY BETWEEN JAPAN AND COREA
156
wood, coal, and other necessaries, or to make repairs; the expenses incurred thereby are to be defrayed by the ship's master. In such events both the officers and the people of the locality shall display their sympathy by rendering full assistance, and their liberality in supplying the necessaries required.
If any vessel of either country be at any time wrecked or stranded on the coasts of Japan or of Chosen, the people of the vicinity shall immediately use every exertion to rescue her crew, and shall inform the local authorities of the disaster, who will either send the wrecked persons to their native country or hand them over to the officer of their country residing at the nearest port.
Art. VII.-The coasts of Chosen, having hitherto been left unsurveyed, are very dangerous for vessels approaching them, and in order to prepare charts showing the positions of islands, rocks, and reefs, as well as the depth of water, whereby all navigators may be enabled safely to pass between the two countries, any Japanese mariners may freely survey said coasts.
Art. VIII.-There shall be appointed by the Government of Japan an officer to reside at the open ports in Chosen for the protection of Japanese merchants resorting there, provided that such arrangement be deemed necessary. Should any question interesting both nations arise, the said officer shall confer with the local authorities of Chosen and settle it.
Art. IX.-Friendly relations having been established between the two contract- ing parties, their respective subjects may freely carry on their business without any interference from the officers of either Government, and neither limitation nor pro- hibition shall be made on trade.
In case any fraud be committed, or payment of debt be refused by any merchant of either country, the officer of either one or of the other 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
• countries.
Art. XII. The foregoing eleven articles are binding from the date of the signing hereof, and shall be observed by the two contracting parties, faithfully and invariably, whereby perpetual friendship shall be secured to the two countries.
The present Treaty is executed in duplicate and copies will be exchanged between. the two contracting parties.
In faith whereof we, the respective Plenipotentiaries of Japan and Chosen, have affited our seals hereunto this twenty-sixth day of the second 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)
KURODA KIYOTAKA. INOUYE KAoru.
SHIN KEN.
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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 land for the purpose of erecting residences thereon, the rent to be fixed by mutual agreement between the lessee and the owner.
Any lands belonging to the Corean Government may be rented by a Japanese on his paying the same rent thereon as a Corean subject would pay to his Government.
It is agreed that the Shumon (watch-gate) and the Shotsumon (barrier) erected by the Coreau 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 the port of Fusan, in determining them regard shall be had as to the distance there is to the cemetery already established at Fusan igitized by oog e
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Art. VIL-Japanese subjects shall be at liberty to traffic in any article owned by Corean subjects, paying therefore 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 ultivates 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 ver 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 proposition to the other, sball 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)
MIYAMOTO OKADZU,
Commissioner and Dajió of the
Foreign Department.
(Signed)
CHO INKI,
Kosho Kwan, Gisheifudosha.
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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 Governments, 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 force 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 necessary 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 Russia and Japan will friendly 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. 100g e
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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 exceeding the number of Japanese troops at those places, and which will be withdrawn as soon as tranquillity in the interior is Completely restored.
Seoul, May 14th, 1896.
C. WAEBER, Representative of Russia. J. KOMURA, Representative of Japan.
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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 any way the development of commercial and industrial relations between Japan and Corea.
Done at Tokyo in duplicate the 13/25 April, 1898.
ROSEN.
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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, have 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, aud 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, liberties, 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 u.ilitia ;
TREATY BETWEEN GREAT BRITAIN AND JAPAN
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from all contributions imposed in lieu of personal service; and from all forced loaus 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 possessions 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, conforming 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 possession 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 small 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, tle produce or manufacture of the dominions and possessions of either of the High Contracting Parties, into the dominious 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 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 exporta- 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 exemptions from all transit duties and a perfect equality of treatment with native subjects in all that relates to warehousing, bounties, facilities, and drawbacks. Digitized by
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TREATY BETWEEN GREAT BRITAIN AND JAPAN
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; aud, 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 rospective 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, harbours, or rivers of the dominious and possessious 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 shall 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 more 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 in a port of the other, shall be at liberty to refit
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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 wrecked 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 froin 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, te deemed Japanese and British vessels respectively.
Article XIV.-The Consuls-General, Consuls, Vice-Consuls, and Consular Agents 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,
6*
164
TREATY BETWEEN GREAT BRITAIN AND JAPAN
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 contained 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 permit, to all the Colonies and foreign possessions of Her Britannic Majesty, excepting to those hereinafter named, that is to say, except to-
India.
Newfoundland.
Natal.
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 mouth 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 August, 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.
TREATY BETWEEN GREAT BRITAIN AND JAPAN
165
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 have 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.
PROTOCOL
[L.S.] [L.8.]
KIMBERLEY.
AOKI.
The Government of Her Majesty the Queen of Great Britain and Ireland and Empress of India and the Government 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-
tions:-
****
1. It is agreed by the Contracting Parties that one month after the exchange of the ratifications of the Treaty of Commerce and 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 Parties, as long as the said 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, produce, 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; indecent or obscene prints; paintings, books, cards, lithographic or other engravings, photographs, or any other indecent or obscene articles; articles 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.
But
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 respectivelyed by
00
166
SUPPLEMENTARY CONVENTION BETWEEN GREAT BRITAIN AND JAPAN
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 Protocol 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.
[L.S.]
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, 16TH JULY, 1895 e
Ratifications exchanged at Tokyo, 21st Novemb r, 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 Governinents 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 Plenipotentiaries to
conclude a Convention for this purpose, that is to say: Oogle
''
JAPANESE CONVENTIONAL TARIFF
167
Her Britannic Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, 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 Protocol concluded on the 16th of July, 1894, of which it is a complement.
5. The present Convention shall be ratified, and the ratifications 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.
Xo.
Caoutchone, manufactures of.....
Cement, Portland
Cotton yarns, plain or dyed
Cotton tissues-
Drills
Dack
Handkerchiefs in the piece
"
[L.S.] MARQUIS SAIONZI.
TARIFF
Articles.
Prints
Sateens, plain, figured or printed, Brocades,
Italians and figured shirtings
Shirtings, dyed.
Duty.
Yen.
ad valorem 100 catties
10 per cent.
6:065
4*180
square yard
0.016
0:053
0:011
11
0.012
0.017
警聾
0·013
20
0.006
PRONKA 4
19
0.011
宁翼
0.010
0.009
0.012
Google
0:041
0.006
**
grey
11
twilled
12
事项
white or bleached
13
14
15
T-cloths
Turkey Red Cambrics..................................................................................................................
Velvets or Valvebeens.
16
168
No.
JAPANESE CONVENTIONAL TARIFF
Articles.
Cotton Tissues (Continued)-
17
18
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 heading of Cotton Tissues.
Glass, window, ordinary -
(a.) Uncoloured and unstained
b.) Coloured, stained, and ground
Duty.
Yes.
ad valorem
10 per cent.
100 sq. ft. ad valorem
0:302 10 per cent.
19
Hats, including also hats of felt
20
Indigo, dry
100 cotties
Iron and Mild Steel--
21
Pig and Ingot
10
12.953
0:083
t
22
Bar and Rod exceeding 4-inch in diameter.
0.261
(a.) Plain
(b.) Galvanized.
Nails, including spikes, sprigs, tacks, and brads:
ad valorem
335583
Pipes and Tubes
Plate and Sheet.......
26
Rails...
0:673
10 per cent.
10
100 catties
0.998 0:129
**
30
31
32
33
Screws, Bolts, and Nuts. plain and galvanized
Sheet, galvanized, both plain and corrugated......
Tinned plates-
(a.) Urinary
(b) Crystallized
Wire, and small Rod not exceeding 4-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, Bissic, or similar processes, and approximating in value to iron of the same class in this Tariff.
Lead, pig, ingot, and slab
Leather
(a.) Sole
(b.) Other kinds
ad valorem 100 catties
ad valorem 100 catties
29
71
10 per cent. 0.740
0 691 10 per cent
0.503
0*256
0:316
5'690
ad valorem 100 catties
10 per cent.
8:527
0·017
Linen Tissues-
34
Linen yarns, plain or dyed
35
Canvas....
36
37
38
83
All other sorts
NOTE. It is expressly understood that ready-inade clothing aud other made-up articles are not included under the heading of Linen Tissues.
Mercury or quicksilver
Milk, ondensed or dessicated
39
Oil, paraffin..
40
Paint in oil
41
Paper, pri ting
42
Saltpetre (nitrate of potash).
43
square yard ad valorem
100 catties
doz 1lb. tins,
and proportionately for tins of other weights
ad valorem
100 catrius
10 per cent..
5:048 0*123:
10 per cent.
1301
1.163
0*490
að valorem
15 per cent.
44
Silk-faced cotton satins
NOTE-It is expressly understood that all other mixed tizanER 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)-
Ingot
Bar, rod, plate, and sheet
Wire, and small rod not exceeding 4.inch in diameter
Sugar, refined
(a.) No. 15 to No. 20, inclusive. Dutch standard in colour (b.) Above No. 2o Dutch standard in colour
5
**
71
39
100 catties
1-819
+
0.748 0.827
+1
Tin-
49
Blook, Pig, and Slab
24
40
Plates
ad valorem
50
Wax, paraffin
51
Woollen and Worsted Yarns, plain or dyed
Signized 100 cattics
势
1-992 10 per cent.
0.544
9.169
1
No.
55
2333
56
57
58
SEXSW
61
JAPANESE CONVENTIONAL TARIFF
Articles.
169
Duty.
Yen.
square yard
0:075
· 100-catties
7.458
square yard
0.031
0*093
"
0.039
"
0.044
"
0.029
0.036
"?
0.021
15
0*056
ad valorem
10 per cent.
10
"
Woollen and Worsted Tissues, pure or mixed with other ma.
1erial--
Alpacas
Blanketing and whipped blankets in plain weave Buntings Cloth
(a.) Wholly of woollen or worsted yarn, or of woollen and worsted yarns, such as broad, narrow, and army cloth, cassimeres, tweeds and worstei ́cont. ings (b.) In part of woollen or worsted yarn and in part of cotton yarn, such as pilot, president, and union cloth
Flannels.. Italian cloth Long elle
Monsseline de laine
Zerges-
(a.) Where the warp is worsted and the weft woollen (b.) All other kinds
All other sorts, pure or mixed with other material, the wool, 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 heading of Woollen and Worsted Tissues.
Yarns, all sorts, not specially provided for in this Tariff Zino
******
छ 88
64
Block, pig, and slab Sheet
10
100 catties
0.451
0*928
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 English avoirdupois weight.
The square yard and square foot are the English Imperial surface measures.
Import duties 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 fractions exceeding half-an-inch.
NOTE.-It is understood that salvedges 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.
Digitized by
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
Per
Specific Duty.
Yen.
kin... .086
In accordance with Art. III of the Revised Customs 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 Statutory
Tariff
33 Butter
Alcohol...
70 Alum
No. in the
Specific
Statutory
Per
Duty.
Tariff.
Yen.
69
kin...
.036
100 kin...
.198
***
34 Cheese
85 Coffee (seed).......
***
37 Eggs, fresh
kin... .054 kin... .084
**
1,000
38 Wheat-flour ..... 40 Hams and Bacon
41 Meat, fresh (mutton)...
42 Milk, condensed
dessicated
100 kin...
kin... .065
1.115 .465
75
74 Biakujutsu (îndix__a- tractylis ovata or alta) Bismuth subnitrate
100 kin...
.877
...
kin... .206
77
76
Borax (Sodii bibora)..... Camohor, Borneo, and
100 kin... 1.238-
100 kin...
1.849
Blumea or Ngai
kin... 377
712 tins contain-~
79
Cassia, or cinnamon bark
100 kin...
.723
ing 1 h. each.
or Tins having dif-
80
Cassia, or cinnamon oil
kin...
.202
.371
81
Cataria, lead of
10:) kin...
.539
ferent weights
in proportion to this rate.
82
Cinchona bark
100 kin... 1.732
83
Cinchonine (muriate or
44 Salt (sea or rock):
a. Crude
sulphate of)
kin... .200
心康
***
b. Refined...
100 kin... 100 kin... 1.370
.083
84 Cinnabar
(hydrargyri
sulphuretum rubrum)..
kin... .096
45 Saltfish
100 kin...
.876
85
in casks)
neum)
***
48 Tea
a. Of Cotton
***
186
46 Saltmeat (Beef or Pork
47 Sekikwasai (gelidium cor-
CLOTHING AND ACCESSORIES.
68 Undershirts and Drawers, knit:-
b. Of Wool
c. Of Wool and Cotton
DRUGS, CHEMICALS, and MÉDICINES.
Boracic acid...
60 Acidium Carbolicum (in
crystals)
67 Acidium salicylicum (in
crystals and powdered)
68 Acidium Tartaricum ...
86
100 kin... 1.292
89
Cloves (caryophyllus)... Cocaine hydrochloride... Colombo (radix calumba)
100 kin... 1.385
kin... 12.989
10 kin...
.517
91
100 kin... 100 kin...
.513
.062
Cutch and Gambier (ex- tractum catechu nigrum and extractum terra Ja- ponica or catechu palli-
dum)
1
12 pieces.. 1.410
92
12 pieces.. 2.543
94
Gentian (radix gentiana) Glycerine
100 kin... 100 kin... 1.364
.927
kin... ,936
12 pieces.. 1.812
95
Gum Arabic, or acacia...
100 kin... 1.307
98
Gum benzoin, or benzoi-
100 kin... 2.038
Dum
100 kin... 1.12
99 Gum olibanum
kin... .036
100 Hops
kin... .157 kin...
.073
101 Iodoform
102 Ipecac (radix ipecacu-
anhayed by
100 kin... .560
kin... .058 kin... 511
***
100 kin... 36.620
1
kin... .093
100 kin... 2.321 100 kin... 1.410 100 kin... .298
100 kin...
1.387 kin... 1.177
100 kin...
.980
kin... .380
100 kin...
1.681
100 kin...
1.522
So, in the Statutory Tarif.
108 Jalap (radix jalapa)
Per
Duty.
JAPANESE STATUTORY TARIFF
Specifie No. in the
Statutory
Per Duty.
Specific
Yen.
Turif.
Yen.
100 kin... 4.581
GRAINS AND SEEDS.
104 Lead, aceiate, or sagar of 105 Liquorice (radix gly-
100 kin...
1.282
173 Barley
100 kin...
.101
174
Beans and Pens
100 kin... .129
***
100 kin... .933
177
Sesume, or Sesamum
100 kin...
.197
.353
178
Wheat
***
179
Cotton seed
cyrrhiza)
106 Mawo (epedora vulgaris) 100 kin... 108 Morphine, hydrochlor- ate or sulphate of i mor- phia hydrochloras or sulphas)
...
111 Nard, or spikenard 112 Phosphorus, amorphus.. 136 Phosphorus yellow 114 Potash, bromide
(Potassii bromidum)
of
115 Potash chlorate of (Potassii chloras)...
117
Patchuk
119 Rosin
120 Rhubarb, în lump or ground (radix rheum)..
121 Saffron (crocus) 122 Saltpetre(potassii nitras) 123 Santoniue (santonium). 124 Sarsaparilla (radix sarsa) 195 Semen cygnæ, or worm
seed (semen santonica)..
kin... 4.043 100 kin... 1.520
kin... .165
100 kin... 12.353
HORNS, IVORY, SKINS, HAIR
184 Hair, human
185
Hides or Skins, bull, ox, cow, and buffalo (raw, dried, salted, or pickled, and undressed)
186 Hides or Skins,
100 kin... .153
100 kin... .044
SHELLS, ETC.
100 kin... 5.641
100 kin...
.962
deer
(raw, dried, salted, or
pickled, and undressed) 100 kin... 1,588
187 Hides or Skins, samba
(cerous elephus) (raw,
dried, salted, or pickled, and undressed)
171
100 kin...
.661
188
Hoofs
...
100 kin...
.414
189
Horns, bull, ox, cow,
and buffalo
100 kin...
•
.504
190
Horns, deer
100 kin...
.654
142
Ivory or Tusks, elephant
kin...
.298
195
Ivory or Tusks, walrus
sea horse
kin...
.102
126 Shellac ...
...
kin... .055
106 Leather, sole
100 kin... 7.441
***
127 Soda ash
100 kin...
.351
128 Soda bicarbonate
(or
Brass:
sodii bicarbona)
100 kin...
.457
203
Bar and rod ...
號
129 Soda caustic (sodii
203
Plate and sheet
***
caustica...
100 kin...
.454
206 Old (only fit for
130 Soda crystals (washing
manufacturing)
soda)
:00 kin...
.227
Copper :-
36 Nitrate of soda
100 kin...
.47 1
208
Bar and rod ...
salicylas)
laneca)
133
131 Soda, slicylate (or sodii
132 Sojutsu (radix attractylis
Sticklac...
134 Vaseline
208
Plate and sheet
kin...
.142
209
Nails
...
***
211
Wire
METALS AND METAL MANUFACTURES.
100 kin... 3.070 100 kin... 8.086
100 kin...
.915
100 kin... 3.464 100 kin... 3.488 100 kin... 3.956 100 kin... 7.496
***
re-
...
***
...
100 kin...
.462
213 Old (only fit for re-
100 kin... 1.870 100 kin... 1.642
135 Wogon (radix scutel- laria lancesbaria)
100 kin...
.499
214
Wire
***
DYES, COLOURS AND PAINTS.
manufacturing,
German Silver :-
214 Plate and sheet
Iron and Mild Steel:-
100 kin... .799
***
***
100 kin... 6.020 100 kin... 6.257
139 Blue, mineral (dry or
liquid)...
215
Pig and ingot
100 kin... .083
217
Bar and rod (of diameter
...
141 Cobbalt, oxide of...
100 kin... 6.690 100 kin... 34.628
not exceeding of an in.)
100 kin...
.356
144 Galls of all kinds
100 kin... 1.715
217
Hoop and Band
100 kin...
.427
145 Gamboge
147 Indigo, dry
150 Lead (all colours)
152 Logwood, extract of
153 Mangrove bark
154 Paint in oil
100 kin...
144
.313
***
100 kin... 1.070 100 kin... 2.397 100 kin... 100 kin.. 1.304
219 Rails
100 kin...
***
.297
.L19
220
Sheet and plate (corru- gated excepted)
100 kin...
.394
...
221
Galvanized sheet and
***
***
156 Sapan-wood
158 Turmeric
159
Ultramarine.......
161 Varnish, Chinese...
162 Verdigris
346 Vermillion
**
116 Wansho, or Gosu...
316 White Zinc ...
.384
100 kin... .235 100 kin... 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-
***
224 Nails (dog-spikes, bolts
and nuts, etc., not
plate (plain or corru- gated)
100 kin...
...
.345
222 Plate, diagonal or
checkered
100 kin...
345
galvanized)
●
100 kin...
.575
226
227
Tinned plates (plain)... 100 kin....... Wire and small rod not
.691
oured or unstained
...
100 sq. ft. .400
exceeding in. diameter. (tinned)...
100 kin...
.665
100 kin... 6.802 100 kin... 12.953
218 T angle, and other wrought iron and mild steel
...
172
No. in the Statutory Tariff.
228 Telegraph wire (galvan-
ized)
229 Wire-rope (galvanized) 230 Wire-rope, old (galva- nized or otherwise)
JAPANESE STATUTORY TARIFF
Per
Specifle Duty.
No, in the
Statutory
1
Yea.
Tarift.
Per
Specific Duty. Yeu.
TISSUES, YARNS, THREADS AND MATERIAL
100 kin... .591
THEREOF. PART I.
100 kin...
1.367
100 kin...
.109
304 Cotton yarn (plain and dyed) for weaving pur-
231 Old hoops
100 kin...
.103
poses
100 kin... 6.066:
C
232 Lead Pig, ingot and slab
100 kin...
.368
308 Cotton drills (plain and
trough-shaped)
233 Lead, sheet 235 Mercury
Nickel.
236
243 Steel (not mild) Wire and small rod not exceed- ing inch in diameter..
244 Steel (not mild) Wire
(for
umbrella
245 Steel (not "mild) Wire- rope (plain or galva- nized)
246 Steel (not mild) old wire
rope (only fit for re- manufacturing)
247 Tin, pig and slab... 100 kin...
***
Yellow Metal or Muntz Metal :-
bleached)
100 kin...
.753
9q. yd.
.029
309
Cotton ducks
100 kin... 5.689 100 kin... 3.529
sq. yd.
.180
310
Cotton prints and chintz
8q. yd.
.020
311
Cotton satins, Brocades,
Italians and figured
100 kin... 1.819
Shirtings
sq. yd.
.029.
312
Cotton velvets, or Vel-
veteens...
ribs
sq. yd.
314
100 kin... 2.145
Shirtings, grey
sq. yd.
::
.062
.010
315
Shirtings, white or ble-
ached
...
8q. yd.
.015
་
316
+
Shirtings, twilled
100 kin... 1.687
sq. yd.
.017
317
Shirtings, dyed
sq. yd.
.020
319
T. Cloth (shirtings of
100 kin... .117
narrow width)
1.
8q. yd.
,015-
320
Turkey-red cambrics
1.992
sq. yd.
$
***
.018
321
Victoria-lawns
sq. yd.
.009
PART. II.
250 Sheet and Plate
10) kin... 2.876
323 Woollen and worsted
251 Rod and Bar...
100 kin... 2,581
yarns (all kinds, plain
255 Zinc, block, pig and slab 100 kin... .453
and dyed)
***
100 kin... 12.308
256 Zinc, sheet
100 kin... 1.307
324
Alpaca ...
sq. yd.
.113
257 Zinc, old sheet
...
100 kin...
.239
326
Buntings
8q. yd.
.058
264 Bronze powder
100 kin... 11.262
330
Flannel:
272 Candles, all kinds of
274 Oil, beans and
276 Oil, castor
casks and jars)
276 Oil, cocoa-nut 277 Oil, ground-nut
278 Oil, kerosene :-
a. In tins...
b. In casks
100 kin... 3.527
4. (of wool)
sq. yd.
***
.068
peas
100 kin...
.747
b. (of wool) and cotton sq. yd.
.062
(in tins,
331
Italian cloth...
sq. yd.
.053
•
100 kin... 1.060 100 kin... 1.181 100 kin... 1.122
332
Long ells
sq. yd
.061
323
Mousseline de laine (wholly of wool):
a. (Plain or white)
...
sq. yd.
.033
b. (Dyed or printed)..... sq. vd.
•
.035
}
gallon gallon
.016
335 Serges (woven by worsted
warp and woollen woof) 237 Woollen cloth:
•
sq. yd. ...
.037
!
.010
279 Oil, linseed (in tins and
a. (Of wool)
9. yd.
.141
casks)
100 kin... 1.724
b. (Of wool and cotton)
sq. yd.
.071
280 Oil, olive (in tins and
PART III.
casks)
283 Spirit of Turpentine (in
tins or casks)...
285 Wax, paratline 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)...
b. (Upwards of No. 20
341
100 kin... 2.929
Silk, raw
100 kin... 55.130
341
gallon
317
.076
Raw silk of wild cocoons Silk satins, Chinese
100 kin... 23.846 .270 Bq. yd.
-
100 kin... 1.757 100 kin 1.757
**
PART IV. 352. Flax yarn (plain and dyed) for weaving pur-
poses
354 Hemp canvas
100 kin... 8.159-
.071 sq. yd.
100 kin... .204
PART V.
385 Blankets and blankets
trimmed with threads
(flatwoven)
100 kin... 13.984
359
Carpets or carpeting,
Brussels
sq. yd.... .277
100 kin... 1.523
360
Carpets or carpeting, felt sq. yd.... 361 Carpets or carpeting,
.067
standard colour as
hemp or jute
sq. yd....
.047
indicated in Dutch
362
Carpets or carpeting,
specimen colours)... 100 kin... 1.828
patent tapestry
eq. yd....
.265.
364
Chikufu
sq. yd....
.027
301
302
Sugar, rock candy Molasses
***
100 kin... 2.213
368
Handkerchiefs, cotton in
100 kin... .157
pieceed by.
sq. yd.... .170
JAPANESE STATUTORY TARIFF
173
No. in the Statutory
Tariff
370 Leather-cloths for fur-
niture, etc.)
371 Oil cloths and Linoleum
cloths (for floors)...
Specifie
Per
Duty.
No, in the Statutory
Speciflo
Per
Duty.
Yen.
Turitt
Yen.
MISCELLANEOUS.
...
sq. yd....
.043
400
Alosewood
100 kin... 8.688
418
Celluloid (in sheet or
sq. yd....
.071
rod)
***
TOBACCO.
419
Portland Cement...
879 Cigars and cigarettes
kin...
.772
423 Coal
kin... .169 107 kin... .089 ton... .879
paper
382 Tobacco, cut...
150 Cigarettes rolled in
WINES, LIQUORS and SpiriTS.
424 Coke
ton...
.789
1,000
1.153
426
kin... .444
...
Cordage and Ropes of flax, hemp, jute, Manila hemp, or China grass
Beer, Ale, Porter, and Stout:
(for rigging and other
In bottles containing not
purposes)
more than half a litre...
12 bottles
.388
430
Dynamite
噜噜
Beer, Ale, Porter and Stout: In bottles containing not more than one litre
337 Champagne and other effervescent liquors re- sembling champagne (in cases) :
In 24 bottles not containing more than half a litre...
In 12 bottles containing .not more than one litre
436
Fishing-guts (tegun) ...
100 kin... 1.954
kin...
100 kin... 16.976
.100
440
Funori (gleopeltis intri-
12 bottles
.515
cata)
100 kin...
2.58
443
Glue (common)
100 kin...
.972
445 Gun powder (smokeless
powder excepted)...
100 kin... 2.617
446 Gypsum
100 kin...
.055
...
455
Malt
100 kin...
.544
case...
5.425
457
Mattings, China (in rolls
of 40 yards) ...
roll
.610
case...
5.425
458
Mattings, cocoa
-
8q. yd.
.058
391
304
Wines, of all kinds:
397
399
461
Oakum..
100 kin...
.710
色
464 Pitch
100 kin...
.187
464 Wood tar
100 kin...
.322
***
a (in casks)
1 Olitres... .435
case... 2.660
case... 2.660
10 litres... 2.774
Not containing more than 16 degrees of alcohol:
bin 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
case... 2.380
case... 2.380
Note. The word "kin" in the above table means the 15 #ra Japanese weight. The words "yard, foot and inch English measures. The words "pounds and tous English weights in avoirdupois. The word gallon is American standard gallon. The word "litre" is French
measure.
are
465 Plaster of Paris
100 kin...
.174
471
467 Plumbago, or black lead Pulp (for making paper)
100 kin...
.730
100 kin...
.297
472
Putty
100 kin...
.234
473
Rattans (split or other-
wise)
100 kin...
.393
475
Sandal wood...
100 kin...
1.434
***
478
Soap (for washing)
100 kin... 1.085
440
479
Soap-stone (in lump or
powder)...
100 kin...
.088
484 Timber, santalum (shitan) 485 Timber, Teak
100 kin.....
.179
100 cub.ft. 7.625
Digitized by Google
•
.
CONVENTION BETWEEN THE UNITED KINGDOM AND JAPAN FOR THE PROTECTION OF THE ESTATES OF DECEASED PERSONS
SIGNED AT TOKYO, APRIL 26тя, 1900
Ratifications exchanged at Tokyo, 25th October, 1900
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 exsit between them, by laying down rules for the protection of the estates of deceased persons, have agreed to conclude a Convention, and for that purpose have named as their respective Plenipotentiaries, that is to say:-Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Sir Ernest Mason Satow, Knight Commander of the Most Distinguished Order of St. Michael and St. George, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, and His Majesty the Emperor of Japan, Viscount Aoki Siūzo, Junü, First Class of the Imperial Order of the Rising Sun, His Imperial Majesty's Minister of State for Foreign Affairs--Who, having communicated to each other their respective full powers, found in good and dus form, have agreed upon the following Articles :-
Art. I.-Whenever a subject of one of the High Coutracting Parties shall die within the dominions of the other, and there shall be no person present at the time of such death who shall be rightly entitled to administer the estate of such deceased person, the following rules shall be observed :
1. When the deceased leaves, in the above-named circumstances, heirs of his or her own nationality only, or who may be qualified to enjoy the civil status of their father or mother, as the case may be, the Consul-General, Consul, Vice-Consul, or Consular Agent of the country to which the deceased belonged, on giving notice to the proper authorities, shall take possession and have custody of the property of the said deceased, shall pay the expenses of the funeral, and retain the surplus for the payment of his or her debts, and for the benefit of the heirs to whom it may rightly belong.
But the said Consul-General, Consul, Vice-Consul or Consular Agent shall be bound immediately to apply to the proper Court for letters of administration of the effects left by the deceased, and these letters shall be delivered to him with such limitations and for such time as to such Court may seem right.
2. If, however, the deceased leaves in the country of his or her decease and in the above-named circumstances, any heir or universal legatee of other nationality than his or her own, or to whom the civil status of his or her father or his or her mother, as the case may be, cannot be granted, then each of the two Governments may determine whether the proper Court shall proceed according to law, or shall confide the collection and administration to the respective Consular officers under the proper limitations. When there is no Consul-General, Consul, Vice-Consul, or Consular Agent, in the locality where the decease has occurred (in the case contemplated by the first rule of this Article) upon whom devolves the custody and administration of the estate, the proper authority shall proceed in these acts until the arrival of the respective Consular officer.
Art. II. The stipulations of the present Convention shall be applicable, so far as the laws permit, to all the Colonies and foreign possessions of Her Britannic Majesty, excepting to those hereinafter named, that is to say, except to
India
Natal
The Dominion of Canada New South Wales
Newfoundland
The Cape
Victoria Queensland
Tasmania South Australia Western Australia
Digitized by New Zealand
:
CONVENTION BETWEEN THE UNITED KINGDOM AND JAPAN.
175
Provided always that the stipulations of the present Convention 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 Convention.
Art. III. The present Convention shall come into force immediately after the exchange of the ratifications thereof, and shall remain in force until the 17th July,
1911.
Either High Contracting Power shall have the right at any time after the 16th July, 1910, 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 Convention shall wholly cease and determine.
M
Art. IV. The present Convention 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 Tokyo, in duplicate, this 26th day of April, nineteen hundredth year of the Christian era.
(L.8.) (L.S.)
ERNEST MASon Satow.
Siüzo VICOMTE ÁOKI.
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UNITED STATES OF AMERICA
EXTRADITION TREATY BETWEEN THE UNITED STATES
OF AMERICA AND JAPAN
1
SIGNED AT TOKYO, ON THE 29TH APRIL. 1886
Ratified at Tokyo, on the 27th September, 1886
His Majesty the Emperor of Japan and the President of the United States of America having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within the two countries and their jurisdictions, that persons charged with or convicted of the crimes or offences hereinafter named, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, they have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say:
His Majesty the Emperor of Japan, Count Inouye Kaoru, Jiusammi, His Imperial Majesty's Minister of State for Foreign Affairs, First Class of the Order of the Rising Sun, &c., &c., &c., and the President of the United States of America, Richard B. 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 indebted- ness, bank notes, or other instruments of public credit of either of the parties, and the utterance or circulation of the same.
3.-Forgery, or altering, and uttering what is forged or altered.
4.-Embezzlement or criminal malversation of the public funds committed within the jurisdiction of either party, by the public officers or depositaries.
5.-Robbery.
6.-Burglary, defined to be the breaking and entering by night-time into the house of another person with the intent to commit a felony therein; and the act of breaking and entering the house of another, whether in the day or night time, with the intent to commit a felony therein.
7.-The act of entering, or of breaking and entering, the offices of the Govern- ment and public authorities, or the offices of banks, banking-houses, savings-banks, trust companies, insurance or other companies, with the intent to commit a felony therein.
8.-Perjury or the subornation of perjury. 9.-Rape.
10.-Arson.
11.-Piracy by the law of nations.
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Google
a
&
EXTRADITION TREATY BETWEEN THE UNITED STATES AND JAPAN
177
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 anthenticated 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 hun 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 deemed proper to do so.
Art. VIII. The expenses of the arrest, detention, examination, and transporta- tion of the accused shall be paid by the Government which has requested the extradi-
tion.
Art. IX. The present treaty shall come into force sixty days after the exchange of the ratifications thereof. It may be terminated by either of them but shall remain in force for six months after notice has been given of its termination.
The treaty shall be ratified, and the ratifications shall be exchanged at Washington as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the present Treaty
in duplicate and have thereunto affixed their seals.
Done at the city of Tokyo, the twenty-ninth day of the fourth month of the nineteenth year of Meiji, corresponding to the twenty-ninth day of April in the eighteen hundred and eighty-sixth year of the Christian era.
(Signed)
[L.8.]
INOUYE KAour.
[L.8.]Digitiz 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 Buccessors. All British subjects coming to Siam shall receive from the Siamese Government full protection and assistance to enable them to reside in Siam in full 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 frou the British Government the same complete protection and assistance that shall be granted to British subjects by the Government of Siam.
Art. II.-The interests of all British subjects coming to Siam shall be placed under the regulation and control of a Consul, who will be appointed to reside at Bangkok: he will himself conform to, and will enforce the observance by British subjects of all the provisions of this treaty, and such portions of the former treaty negotiated by Cap- tain Burney, in 1826, as shall still remain in operation. He shall also give effect to all rules or regulations that are now or may hereafter be enacted for the government of British subjects in Siam, and conduct of their trade, and for the prevention of viola tions of the laws of Siam. Any disputes arising 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.
In
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. like manner any British offenders resident or trading in Siam, who may desert, escape to, or hide themselves in Siamese territory, shall be apprehended and delivered over to the British Consul on his requisition. Chinese not able to prove themselves to be British subjects, shall not be considered as such by the British Consul, nor be entitled to his protection.
Digitized by oog e
7
F
TREATY Between GREAT BRITAIN AND SIAM
179
Art. IV.-British subjects are permitted to trade freely in all the seaports of Siam, but may reside permanently only at Bangkok, or within the limits assigned by this Treaty. British subjects coming to reside at Bangkok may rent land, buy or build houses, but cannot purchase land within a circuit of 200 sen (not more than 4 miles English) from the city walls, until they shall have lived in Siam for ten years, or shall obtain special authority from the Siamese Government to enable them to do so. But with the exception of this limitation, British residents in Siam may at any time buy or rent houses, lands, or plantations, situated anywhere within a distance of twenty-four 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 directions given him by them, and will be subject to the same taxation that is levied on Siamese subjects. But if through negligence and want of capital or other cause, a British subject should fail to commence the cultiva ion or improvement of the land so acquired within a term of three years from the date of receiving possession thereof, the Siamese Government shall have the power of resuming the property, upon returning to the British subject the purchase-money paid by him for the same.
proper
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 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 the Consul. Art. VI.-All British subjects visiting or residing in Siam shall be allowed the free exercise of the Christian religion and liberty to build churches in such localities as shall be consented to by the Siamese authorities. The Siamese Government will place no restriction upon the employment by the English of Siamese subjects as servants, or in any other capacity. But whenever a Siamese subject belongs to or owes service to some particular master, the servant who engages himself to a British subject without the consent of his master may be reclaimed by him; and the Siamese Government will not enforce an agreement between a British subject and any Siamese in his employ, unless made with the knowledge and consent of the master who has a right to dispose of the services of the person engaged.
Art. VII-British ships of war may enter the river and anchor at Paknam, but they shall not proceed above Paknam, unless with the consent of the Siamese authorities, which shall be given when it is necessary that a ship shall go into dock for repairs. Any British ship of war conveying to Siam a public functionary accredited by Her Majesty's Government to the Court of Bangkok shall be allowed to come up to Bangkok, but shall not pass the forts called Pong Phrachamit and Pit-patch-nuck, unless expressly permitted to do so by the Siamese Government; but in the absence of a British ship of war, the Siamese authorities engage to furnish the Consul with a force sufficient to enable him to give effect to his authority over British subjects, and to enforce discipline among British shipping. Digitized by Oog e
180
TREATY BETWEEN GREAT BRITAIN AND SIAM
Art. VIII. The measurement duty hitherto paid by British vessels trading to Bangkok under the Treaty of 1826 shall be abolished from the date of this Treaty coming into operation, and British shipping and trade will henceforth be only subject to the payment of import and export duties on the goods landed or shipped. On all articles of import the duties shall be three per cent., payable at the option of the importer, either in kind or money, calculated upon the market value of the goods. Drawback of the full amount of duty shall be allowed upon goods found unsaleable and re-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 the power to call in an equal number of merchants as assessors, not exceeding two on either side, to assist them in coming to an equitable decision.
Opium may be imported free of duty, but can only be sold to the opium farmer or his agents. In the event of no arrangement being effected with them for the sale of the opium, it shall be re-exported, and no impost or duty shall be levied thereon. Any infringement of this regulation shall subject the opium to seizure and confisca- tion.
Articles of export from the time of production to the date of shipment shall pay one import duty, whether this be levied under the name of inland tax, transit duty, or duty on exportation. The tax or duty to be paid on each article of Siamese produce previous to or upon exportation is specified in the tariff attached to this Treaty; and it is distinctly agreed that goods or produce which pay any description of tax in the interior shall be exempted from any further payment of the duty on exportation.
English merchants are to be allowed to purchase directly from the producer the articles in which they trade, 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 proclamation, the exportation of these articles.
Bullion or personal effects may be imported free of charge.
Art. IX. The code of regulations appended to this Treaty shall be enforced by the Consul, with the co-operation of the Siamese authorities; and they, the said authorities and Consul, shall be enabled to introduce any further regulations which may be necessary in order to give effect to the objects of this Treaty.
All fines and penalties inflicted for infraction of the provisions and regulations
of this Treaty shall be paid to the Siamese Government.
Until the British Consul shall arrive at Bangkok, and enter upon his functions the consignees of British vessels shall be at liberty to settle with the Siamese authorities all questions relating to their trade.
Art. X.-The British Government and its subjects will be allowed free and equal participation in any privileges that may have been, or may hereafter be, granted by the Siamese Government to the government or subject of any other nation.
Art. XI. After the lapse of ten years from the date of the ratification of this Treaty, upon the desire of either the British or Siamese Government, and on twelve months' notice being given by either party, the present and such portions of the Treaty of 1826 as remain unrevoked by this Treaty, together with the Tariff and the Regulations hereunto annexed, or those that may hereafter be introduced, shall be subject to revision by Commissioners appointed on both sides for this purpose, who will be empowered to decide on and insert therein such amendments as experience shall prove to be desirable.
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*
GENERAL REGULATIONS UNDER WHICH BRITISH TRADE
IS TO BE CONDUCTED IN SIAM
Art. I. The master of any English ship coming to Bangkok to trade must, either before or after entering the river, as may be found convenient, report the arrival of his vessel at the Custom-house at Paknam, together with the number of his crew and guns, and the port from whence he comes. Upon anchoring his vessel at Paknam, he will deliver into the custody of the Custom-house officers all his guns and ammunition; and a Custom-house officer will then be appointed to the vessel, and will proceed in her to Bangkok.
Art. II.-A vessel passing Paknam without discharging her guns and ammuni- tion as directed in the foregoing regulation will be sent back to Paknam to comply with its provisions, and will be fined eight hundred ticals for having so disobeyed. After delivery of her guns and ammunition she will be permitted to return to Bangkok to trade.
Art. III-When a British vessel shall have cast anchor at Bangkok, the master, unless a Sunday should intervene, will within four and twenty hours after arrival proceed to the British Consulate, and deposit there his ship's papers, bills of lading, ., together with a true manifest of his import cargo; and upen the Consul's reporting these particulars to the Custom-house, permission to break bulk will at once be given by the latter.
For neglecting so to report his arrival or for presenting a false manifest, the master will subject himself, in each instance, to a penalty of four hundred ticals; but he will be allowed to correct, within twenty-four hours after delivery of it to the Consul, any mistake he may discover in his manifest, without incurring the above- mentioned penalty.
Art. IV.-A. British vessel breaking bulk, and commencing to discharge, before due permission shall be obtained, or smuggling, either when in the river or outside the bar, shall be subject to the penalty of eight hundred ticals and confiscation of the goods so smuggled or discharged.
Art. V.-As soon as a British vessel shall have discharged her cargo, and completed her outward lading, paid all her duties and delivered a true manifest of her outward cargo to the British Consul, a Siamese port-clearance shall be granted her on application from the Consul, who in the absence of any legal impediment to her departure, will then return to the master his ship's papers, and allow the vessel to leave.
A Custom-house officer will accompany the vessel to Paknam; and on arriving there she will be inspected by the Custom-house officers of that station, and will receive from them the guns and ammunition previously delivered into their charge. The above regulations, numbered from 1 to 5, are obligatory under the treaty concluded between Great Britain and Siam; those which follow, numbered from 6 to 14, are equally to be observed by masters of British vessels and their crews.
Art. VI. Masters of British vessels, when reporting their arrival at Her Majesty's Consulate at the port of Bangkok, as directed by the fourth regulation above quoted, shall notify in writing the names of all passengers and persons not forming part of the registered crew.
Notice must likewise be given of the number and names of persons, who, as passengers or in any other capacity (seamen borne on the muster-roll excepted), in- tend to leave Siam in a British vessel.
Art. VII.-Seamen, lascars, and others belonging to British vessels in the port are strictly prohibited to wear side knives and other weapons while on shore.
Art. VIII.-Should any seaman or apprentice absent himself without leave, the master will report his absence, if such exceeds twenty-four hours, at the Consulate offices.
Art. IX.-Any British subject who entices a seaman or apprentice to desert, incurs, according to the Merchant Shipping Act, 1854, paragraph 257, a penalty not exceeding ten pounds; or any such subject who wilfully harbours or secretes a person deserted from his ship incurs a penalty not exceeding twenty pounds, if it be proved that he had knowledge of his being a deserter. Digitized by i jog e
182
TARIFF OF DUTIES-SIAM
In default of the payment of such fines, the offender is to be imprisoned in the Consular gaol for any term not exceeding three months, with or without hard labour.
Art. X.-All cases of death, and especially of sudden death, occurring on board of British vessels in the port of Bangkok must be immediately reported at the Consulate.
Art. XI.-The discharge of guns from vessels anchored in the port of Bangkok, without notice having been previously given, and permission obtained through H.M. Consul from the proper Siamese authority, is forbidden, under a penalty not exceed- ing ten pounds.
Act. XII.-It is strictly prohibited to shoot birds within the precincts of the Wats or Temples, either in Bangkok or elsewhere within the Siamese dominions, or to injure or damage any of the statues or figures, the trees or shrubs in such localities of Siamese worship; any British subject or seaman of a British vessel guilty of such an act renders himself liable to a penalty not exceeding twenty pounds, or in default thereof to an imprisonment in the Consular gaol for å 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 Gamboge
3 Rhinoceros' horns
4 Cardamons, best..
5 Cardamons, bastard
G
7
8
Dried mussola
Pelicans' quills
Betel nut, dried
9 Krachi wood..
10 Sharks' fins, white.
11 Sharks' fins, black
12 Lukkraban seed
13
Peacocks' tails
14 Buffalo and cow bones
Rhinoceros' hides
15
16
Hide cuttings
17
Turtle shell
18
Soft ditto
19
Beche-de-mor
TICAL SALUNG FUANG
10
0
HUN
0 per picul
6
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60
14
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6
10
2
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0
per
100 tails 3 por picul
"
**
**
11
20 Fish mawa
21
Birds' nests, uncleaned
22 Kingfishers' feathers.
23 Cutch
24 Boyche seed (Nux Vomica)
25 Pungtarai sead
Gum Benjamin
20
27 Angrai bark
28 Agilla wood
29 Ray skins
30 Old deers' horns
31 Soft, or young ditto
32 Deer hides, fiue
#3 Deer hides, commɔn 31 Deer sinews 35
Buffalo and cow hides
3
20 per cent.
0
10 per cont.
8
0
Digitized Google
0
per 100 per picul
---------
"
"
per 100 hides
per picul
+
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1
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F
-
AGREEMENT BETWEEN GREAT BRITAIN AND SIAM
56 Elephants' bones
37 Tigers' bones 33 Buffalo horns
39 Elephants' hides..
40 Tigers' skin
41
42
Armadillo skins Sticklao
43 Hemp
44 Dried Fish, Plaheng 45 Dried Fish, Plusalit 46 Sapanwood
47
Salt meat
48 Mangrove bark
49
Rosewood
TICAL
SALUNG FUANG
HUN
1
per picul
0
per skin
per pioul
1
1
19
1
"
17
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11
183
50 Ebony
51 Rice....
per koyan
II.-The undermentioned Articles being subject to the Inland or Transit duties berein named, and which shall not be increased, shall be exempt from export duty.
TICAL SALUNG FUANG HUN
59 Sugar, White
33 Sugar, Red
64 Cotton, clean and uncleaned
55
Paper
56
Salt fish, Plat
37
Beans and Peas
68 Dried Prawns
59 Tilseed
60 Silk, raw
2
C
10 per cent
1
1
1
one twelfth
one twelfth
one twelfth
one twelfth
0 per picul
*
0 p. 1,000 fish
31
Bees' wax
62 Tawool
63 Salt.
64 Tobacco
one fifteenth
1
6
1
0
0 per pioul
0
per koyan
0 p. 1,000 bdles
III.-All goods or produce unenumerated in this Tariff shall be free of Export Duty, and shall only be subject to one Inland Tax or Transit Duty, not exceeding the rate now paid.
AGREEMENT BETWEEN THE UNITED KINGDOM AND SIAM
RELATIVE TO THE REGISTRATION OF BRITISH
SUBJECTS IN SIAM
Signed at Bangkok, November 29th, 1899
The Governments of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and of His Majesty the King of Siam, recognizing the necessity of having a satisfacorty arrangement for the registration of British subjects in Siam, the Undersigned, Her Britannic Majesty's Minister Resident and His Siamese Majesty's Minister for Foreign Affairs, duly authorized to that effect, have agreed as follows:-
Art. I-The registration according to Article V of the Treaty of April 18th, 1855, of British subjects residing in Siam, shall comprise the following categories:
(1.) All British natural born or naturalized subjects, other than those of Asiatic descent.
(2.) All children and grandchildren born in Siam of persons entitled to be registered under the first category, who are entitled to the status of British subjects in contemplation of English law.
Neither great-grandchildren nor illegitimate children born in, Siam of persons mentioned in the first category are entitled to be registered. Google
184
TREATY BETWEEN FRANCE AND SIAM
(3.) All persons of Asiatic descent, born within the Queen's dominions, or naturalized within the United Kingdom, or born within the territory of any Prince or State in India under the suzerainty of, or in alliance with, the Queen.
Except natives of Upper Burmah or the British Shan States who became domiciled in Siam before January 1st, 1886.
(4.) All children born in Siam of persons entitled to be registered under the
third category.
No grandchildren born in Siam of persons mentioned in the third category are entitled to be registered for protection in Siam.
(5.) The wives and widows of any persons who are entitled to be registered under the foregoing categories.
Art. II. The lists of such registration shall be open to the inspection of a properly authorized Representative of the Siamese Government on proper notice being given.
Art. III.-If any question arises as to the right of any person to hold a British certificate of registration or as to the validity of the certificate itself, a joint inquiry shall be held by the British and Siamese authorities and decided according to the conditions laid down in this Agreement, upon evidence to be adduced by the holder of the certificate, in the usual way.
Art. IV. Should any action, civil or criminal, be pending while such inquiry is going on, it shall be determined conjointly in what Court the case shall be heard.
Art. V.-If the person, in respect of whom the inquiry is held, come within the conditions for registration laid down in Article I, he may, if not yet registered, forthwith be registered as a British subject and provided with a certificate of registration at Her Britannic Majesty's Consulate; otherwise he shall be recognized as falling under Siamese jurisdiction, and, if already on the lists of Her Britannic Majesty's Consulate, his name shall be erased.
In witness whereof the Undersigned have signed the same in duplicate and have affixed thereto their seals at Bangkok, on the 29th day of November, 1899, of the Christian era, corresponding to the 118th year of Ratanakosindr.
[SEAL.] SEAL.]
(Signed) (Signed)
George Greville. DEVAWONGSE VAROPRAKAR.
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 of 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 any 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.
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. Digitized by
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TREATY BETWEEN FRANCE AND SIAM
185'
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 open 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 boats for wood and 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 Khorat 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 mouth 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.
The authors of the incidents of Tong-Kieng-Khan and Cammon will be judged by the Siamese authorities. A representative of France will be present 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 of demanding a fresh trial before a mixed tribunal, the composition of which it will itself determine.
It
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. 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 tak n 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 Chantaboon until the execil- 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.
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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 Siamı, 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 upou and concluded the following articles.
Art. I.-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. II-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 sent. They shall enjoy all the honours, privileges, exemptions and iminunities of every and 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 engage 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. Ogle
TREATY BETWEEN JAPAN AND SIAM
187
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 anď 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 the 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 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.
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 ressels 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 Siam 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 not in any of the ports of Siam on Japanese vessels than are now or may bereafter 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.
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188
TREATY BETWEEN JAPAN AND SIAM
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 weather, 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 expeuses, 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 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, 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 exemptions 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.
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TREATY BETWEEN JAPAN AND SIAM
189
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 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 hundred and ninety-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 Siamese Government consent that Japanese Consular officers shall 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 ressels 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 fues 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 mouth 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.
(L.S.)
DEVAWONGSE VAROPRAKAR. (L.S.)
MANJIRO INAGASI.
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RUSSIA
DECLARATION EXCHANGED BETWEEN RUSSIA AND SIAM
SIGNED AT Bangkok, 23rd June, 1899
The Imperial Government of Russia and the Royal Government of Siam, being desirous to facilitate the relation between the two countries, have, awaiting the conclusion of a Treaty of commerce and amity, agreed as follows:-
That for everything relating to jurisdiction, commerce, and navigation, Russian subjects on Siamese territory and Siamese subjects on Russian territory shall hence- forth enjoy, till the expiration of the present arrangement, all the rights and privileges granted to the subjects of other nations respectively in Siam and in Russia by the Treaties now in existence and by Treaties that may be concluded in the future.
This arrangement shall be applied by the two contracting parties from the day of its signature and till the expiration of six months after the day on which the one or the other of the high contracting parties shall have denounced it.
The present declaration having been drawn up in the Russian, Siamese, and French languages, and the three versions having the same scope and the same meaning, the French text shall be regarded as official and legal in all respects.
In faith of which the undersigned, duly authorised for that purpose, have drawn up the present declaratiou, to which they have affixed their singatures and seals.
Done at Bangkok, the 1st June (Russian style, equivalent to June 23, 1889, the Siamese cra).
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4
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L
GREAT BRITAIN AND RUSSIA
EXCHANGE OF NOTES BETWEEN THE UNITED KINGDOM AND
RUSSIA WITH REGARD TO THEIR RESPECTIVE
RAILWAY INTERESTS IN CHINA
No. 1
Sir C. Scott to Count Mouravieff
The Undersigned, British Ambassador, duly authorized to that effect, has the honour to make the following declaration to his Excellency Count Mouravieff, Russian Minister for Foreign Affairs:
Great Britain and Russia, animated by a sincere desire to avoid in China all cause of conflict on questions where their interests meet, and taking into considera- tion the economic and geographical gravitation of certain parts of that Empire, have agreed as follows:-
1. Great Britain engages not to seek for her own account, or on behalf of British subjects or of others, any railway Concessions to the north of the Great Wall of China, and not to obstruct, directly or indirectly, applications for railway Concessions in that region supported by the Russian Government.
2.-Russia, on her part, engages not to seek for her own account, or on behalf of Russian subjects or of others, any railway Concessions in the basin of the Yang- tze and not to obstruct, directly or indirectly, applications for railway Concessions in that region supported by the British Government.
The two Contracting Parties, having nowise in view to infringe in any way the sovereign rights of China or existing Treaties, will not fail to communicate to the Chinese Government the present arrangement, which, by averting all cause of com- plications between them, is of a nature to consolidate peace in the Far East, and to serve the primordial interests of China herself.
(Signed) CHARLES S. SCOTT.
St. Petersburg, April 28, 1899.
The Undersigned, Russian Minister for Foreign Affairs, duly authorized to that effect, has the honour to make the following declaration to his Excellency Sir Charles Scott, British Ambassador
Russia and Great Britain, animated by the sincere desire to avoid in China all cause of conflict on questions where their interests meet, and taking into considera- tion the economic and geographical gravitation of certain parts of that Empire, have agreed as follows:-
1.-Russia engages not to seek for her own account, or on behalf of Russian subjects or of others, any railway Concessions in the basin of the Yangtze, and not to obstruct, directly or indirectly, applications for railway Concessions in that region supported by the British Government.
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19% EXCHANGE OF NOTES BETWEEN THE UNITED KINGDOM AND RUSSIA
2.-Great Britain, on her part, engages not to seek for her own account, or on behalf of British subjects or of others, any railway Concessions to the north of the Great Wall of China, and not to obstruct, directly or indirectly, applications for railway Concessions in that region supported by the Russian Government.
The two Contracting Parties, having nowise in view to infringe in any way the sovereign rights of China or of existing Treaties, will not fail to communicate to the Chinese Government the present arrangement, which, by averting all cause of complication between them, is of a nature to consolidate peace in the Far East, and to serve the primordial interests of China herself.
The Undersigned, etc.
(Signed)
Count MOURAVIEFF.
St. Petersburg, April 16 (28), 1899.
No. 3
Sir C. Scott to Count Mouravief
In order to complete the notes exchanged this day respecting the partition of spheres for Concessions for the construction and working of railways in China, it has been agreed to record in the present additional note the arrangement arrived at with regard to the line Shanhaikuan-Newchwang, for the construction of which a loan has been already contracted by the Chinese Government with the Shanghai-
Hongkong Bank, acting on behalf of the British and Chinese Corporation.
The general arrangemeut established by the above-mentioned notes is not to infringe in any way the rights acquired under the said Loan Contract, and the Chinese Government may appoint both an English engineer and an European accountant to supervise the construction of the line in question, and the expenditure of the money appropriated to it.
But it remains understood that this fact cannot be taken as constituting a right of property or foreign control, and that the line in question is to remain a Chinese line, under the control of the Chinese Government, and cannot be mortgaged or alienated to a nou-Chinese Company.
As regards the branch line from Siaoheichan to Sinminting, in addition to the aforesaid restrictions, it has been agreed that it is to be constructed by China her- self, who may permit European-not necessarily British-engineers to periodically inspect it, and to verify and certify that the work is being properly executed.
The present special Agreement is naturally not to interfere in any way with the right of the Russian Government to support, if it thinks fit, applications of Russian subjects or establishments for Concessions for railways, which, starting from the main Manchurian line in a south-westerly direction, would traverse the region in which the Chinese line terminating at Sinminting and Newchwang is to be constructed.
St. Petersburg, April 28th, 1899.
(Signed) CHARLES S. SCOTT.
No. 4
Count Mouravieff to Sir C. Scott
In order to complete the notes exchanged this day respecting the partition of spheres for Concessions for the construction and working of railways in China, it has been agreed to record in the present additional note the Agreement arrived at with regard to the line Shanhaikuan-Newchwang, for the construction of which a loan has been already contracted by the Chinese Government with the Shanghai-Hong- kong Bauk, acting on behalf of the British and Chinese Corporation.
EXCHANGE OF NOTES BETWEEN THE UNITED KINGDOM AND RUSSIA
193
The general arrangement established by the above-mentioned notes is not to infringe in any way the rights acquired under the said Loan Contract, and the Chinese Government is at liberty to appoint both an English engineer and a European accountant to supervise the construction of the line in question and the expenditure of the money appropriated to it. But it remains well understood that this fact cannot be taken as constituting a right of property or foreign control, and that the line in question is to remain a Chinese line, subject to the control of the Chinese Government, and cannot be mortgaged or alienated to a non-Chinese Company.
As regards the brauch line from Siaobeïchan to Sinminting, in addition to the aforesaid restrictions, it has been agreed that it is to be constructed by China herself, who may permit European-not necessarily British--engineers to periodi- cally inspect it, and to verify and certify that the works are being properly executed. The present special Agreement is naturally not to interfere in any way with the right of the Russian Government to support, if it thinks fit, applications of Russian subjects or establishments for Concessions for railways, which, starting from the main Manchurian line in a south-westerly direction, would traverse the region in which the Chinese line terminating at Sinminting and Newchwang is to be constructed.
The Undersigned, etc.
St. Petersburg, April 16 (28), 1899.
(Signed) Count MOURAVIEFF
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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 Great 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.
II.-Nothing in the foregoing clanse shall hinder any action on which the two Powers may agree, and which they shall think necessary 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 abstaiù.
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 brauch 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.
IDE
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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 inatters 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 Feleration which require it such assistance in meu, 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 and 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.
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THE FOREIGN JURISDICTION ACT, 1890
53 and 54 VICTORIA, CHAPTEr 37
AN ACT TO CONSOLIDATE THE FOREIGN JURISDICTION ACTS
[4th August, 1890]
Exercise of jurisdiction in
WHEREAS by treaty, capitulation grant, usage, sufferance, and other lawful means, Her Majesty the Queen has jurisdiction within divers foreiga 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, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :
1.It is and shall be lawful for Her Majesty the Queen to hold, Foreign country, exercise, and enjoy any jurisdiction which Her Majesty now has or may at any time hereafter have within a foreign country in the same and as ample a manner as if Her Majesty had acquired that jurisdiction by the cession or conquest of territory,
Exercise of jurisdiction over British subjects
out regular governments,
2.--Where a foreign country is not subject to any government from whom Her Majesty the Queen might obtain jurisdiction in the manner in countries with recited by this Act, Her Majesty shall by virtue of this Act have jurisdic- tion over Her Majesty's subjects for the time being resident in or resort- ing 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.
Validity of acts
done in pursuance
3.-Every act and thing done in pursuance of any jurisdiction of Her of jurisdiction. Majesty in a foreign country shall be as valid as if it had been done
according to the local law then in force in that country.
Evidence as to existence or
diction in foreign country.
4.-(1.) If in any proceeding, civil or criminal, in a court in Her extent of juris Majesty's dominions or held under the authority of Her Majesty, any question arises as to the existence or extent of any jurisdiction of Her Majesty in a foreign country, a Secretary of State shall, on the application 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.
Power to extend enactments in
(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.
5.-(1.) It shall be lawful for Her Majesty the Queen in Council, First Schedule. if She thinks fit, by Order to direct that all or any of the enactments described in the First Schedule to this Act, or any enactinents 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.
FOREIGN JURISDICTION ACT, 1890
197
with offences for
possession.
6.-(1.) Where a person is charged with an offence cognizable by Power to send a British court in a foreign country, any person having authority derived persons charged from Her Majesty in that behalf may, by warrant, cause the person so trial to a British 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 behalf by Order in Council, or, if no court is so 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 trial, tender for examination to a British court in the foreign country where the offence is alleged to have been committed any competent witness whose evidence he deems material for 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 aud 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 dominious, or any part thereof.
ment of persons
7. Where an offender convicted before a British court in a foreign Provision as to country has been sentenced by that court to suffer death, penal servitude, place of punish- imprisonment, or any other punishment, the sentence shall be carried convicted. iuto 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 be of the same force in the place in which the sentence is so carried into effect as if the conviction had been male and the sentence passed by a competent court in that place.
done under Order in Council.
8. Where, by Order in Council made in pursuance of this Act, any Validity of acts 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
Power to assign jurisdiction to
198
FOREIGN JURISDICTION ACT, 1890
of the Order in Council, shall be as lawful as if the order of the court were to have effect wholly within that country.
9. It shall be lawful for Her Majesty the Queen in Council, hy Order, to assign to or confer on any court in any British possession, or held under the authority of Her Majesty, any jurisdiction, civil or criminal, Jurisdiction Act Original or appellate, which may lawfully by Order in Council be assigned
British courts in cases within Foreign
Power to amend Orders in Council.
Laying before Parliament,
and effect of Orders in Council.
In what cases Orders in
repugnancy.
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. 10. It shall be lawful for Her Majesty the Queen in Council to revoke or vary any Order in Council made in pursuance of this Act.
11. Every Order in Council made in pursuance of this Act shall be laid before both Houses of Parliament forthwith after it is made, if Parliament be then in session, and if not, forthwith after the commence- ment of the then next session of Parliament, and shall have effect as if it were enacted in this Act.
12.-(1.) If any Order in Council made in pursuance of this Act as Council void for respects any foreign country is in any respect repugnant to the provisions of any Act of Parliament extending to Her Majesty's subjects in that 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.
Provisions for protection of persons acting under
(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.
13.-(1.) An action, suit, prosecution, or proceeding against any person for any act done in pursuance or execution or intended execution of this Act, or of any enactment repealed by this Act, or of any Foreign Jurisdic- 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 into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs in-
FOREIGN JURISDICTION AUT, 1890
199
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.
tain Eastern seas.
14.-It shall be lawful for Her Majesty the Queen in Cuncil to Jurisdiction make any law that may seem meet for the government of Her Majesty's over ships in cer- 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 effectual 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.
15.-Where any Order in Council made in pursuance of this Act Provision as to extends to persons enjoying Her Majesty's protection, that expression subjects of Indian shall include all subjects of the several princes and states in India.
16.
In this Act,-
princes.
The expression "foreign country" means any country or place out Definitions.
of Her Majesty's dominions:
The expression "British court in a foreign country means any 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
be revoked or varied by Her Majesty by Order in Council.
Power to repeal
or vary Acts in Second Schedule.
18.-The Acts mentioned in the Third Schedule to this Act are Repeal. hereby repealed to the extent in the third column of that schedule mentioned: Provided that,-
1890.
(1) Any Order in Council, commission, er 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, Short title.
(2.) The Acts 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.
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FOREIGN JURISDICTION ACT, 1890
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 Vict. c. 99.
17 & 18 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.
SHORT TITLE.
Admiralty Offences (Colonial) Act, 1849.
Sections seven and Evidence Act, 1851.
eleven.
The Merchant Shipping Act. - Part X.
1851.
An Act to provide for taking The whole Act.
evidence in Her Majesty's Dominions in relation to civil and commercial matters pend- ing before Foreign tribunals.
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 jurisdie- ; tion of such tribunals.
22 & 23 Vict. c. 63. | An Act to afford Facilities for The whole Act.
23 & 21 Vict. e.
122.
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.
An Act to enable the Legisla- The whole Act.
tures of Her Majesty's Posses- sions Abroad to make Enact-
!
Foreign Tribunals Evidence Act, 1856.
Evidence by Com- mission Act, 1859.
British Law Ascer- tainment Act, 1859.
Admiralty Offences
(Colonial) 1860.
Act,
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 Viet. c. 69.
48 & 49 Vict. c. 74.
}
the better Ascertainment of the Law of Foreign Countries when pleaded in Conrts with-
in Her Majesty's Dominions. The Merchant Shipping Act,
1867.
The Conveyancing (Scotland)
Act, 1874.
The
Fugitive Offenders Act,
1881.
The Evidence by Commission
Act, 1885.
Section eleven.
Section fifty-one.
The whole Act.
The whole Act.
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Foreign Law Ascer-
tainment 1861.
Act,
FOREIGN JURISDICTION ACT, 1890
201
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.
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.
SESSION And Chapter.
6 & 7 Vict. c. 94 90 & 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
THIRD SCHEDULE (Section 18)
Enactments repealed
TITLE OR Short Title.
The Foreign Jurisdiction Act, 1843 An Act to confirm an Order in Council con- cerning the exercise of jurisdiction in matters arising within the kingdom of Siam.
The Foreign Jurisdiction Act Amendment
Act, 1865.
The Foreign Jurisdiction Act Amendment
Act, 1866.
EXTENT OF REPEAL.
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.
1
The whole Act.
Sections four and six.
1 The whole Act.
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Preamble.
6 and 7 Vict.
c. 80.
6 and 7 Viet. c. 94.
ORDERS IN COUNCIL
ORDER OF HER MAJESTY THE QUEEN IN COUNCIL FOR THE GOVERNMENT OF HER MAJESTY'S SUBJECTS IN CHINA AND JAPAN
AT THE COURT AT WINDSOR, THE 9TH DAY OF MARCh, 1865
PRESENT:
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS an Act of Parliament was passed in the Session of the sixth and seventh years of Her Majesty's reign (chapter eighty) "for the better government of Her Majesty's subjects resorting to China";
And whereas, by the Act it was enacted (among other things) that it should be lawful for Her Majesty, by any Order or Orders made with the advice of Her Privy Council, to ordain for the government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the coast of China, any law or ordinance which to Her Majesty in Council might seem meet, as fully and effectually as any such law or ordinance could be made by Her Majesty in Council for the government of Her Majesty's subjects being within Her Majesty's Island of Hongkong:
And whereas, another Act of Parliament was passed in the same Session (chapter ninety-four) "to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual " (to which Act the expression "The Foreign Jurisdiction Act" when hereafter used in this Örder refers):
And whereas, by the Foreign Jurisdiction Act it was enacted (among other things) that it was and should be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty then had, or might at any time hereafter have, within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or con- quest of territory:
And whereas, Her Majesty has had and now has power and jurisdic- tion in the dominions of the Emperor of China, and in the dominions of the Tycoon of Japan:
And whereas, Her Majesty was pleased from time to time, by and with the advice of Her Privy Council, by Orders in Council of the several dates in the Schedule to this Order specified, to ordain laws and ordinances for the better government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within certain ships or vessels at a distance of not more than one hundred miles from the coast of China, and to make provision for the exercise of Her Majesty's power and jurisdiction aforesaid in the dominions of the Emperor of China and of the Tycoon of Japan respectively:
And whereas, it has seemed to Her Majesty, by and with the advice of Her Privy Council, to be expedient at the present time to revise the provisions of the said Orders, and to ordain further and other laws and ordinances for the better government of Her Majesty's subjects being
H.B.M. SUBJECTS IN CHINA AND JAPAN
203
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- Short Title. cil, 1865.
2. In this Order-
The term "China means the dominions of the Emperor of China: The term "Japan' means the dominions of the Tycoon of Japan: The term "Minister" means the superior diplomatic representative of
Her Majesty for the time being, whether Ambassador, Envoy, Minister Plenipotentiary, or Chargé d'Affaires.
The term "Chief Superintendent of Trade" means the Superintendent of the trade of Her Majesty's subjects in China for the time being, or any person for the time being authorized to act as such: The term "Consular Officer " includes every officer in Her Majesty's Consular Service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person authorized to act in any such capacity in China or Japan :
""
The term "British vessel includes every vessel being a British ship within the meaning of The Merchant Shipping Act, 1854, or any other Act of Parliament for the time being in force for the regulation of merchant shipping,--and any vessel owned wholly or in part by any person entitled to be the owner of a British ship in the sense aforesaid.-and any vessel provided with sailing- letters from the Governor or Officer administering the Govern- ment of Hongkong, or from the Chief Superintendent of Trade: The term "Treaty" includes Convention, and any Agreement, Regula- tions, Rules, Article, Tariff, or other 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 females (as the case may require).
Grized
to
Interpretation.
British subjects.
Foreigners.
Her Majesty's jurisdiction to
Order.
204
ORDER IN COUNCIL
3. The provisions of this Order relating to British subjects apply to- all subjects of Her Majesty, whether by birth or by naturalization.
The provisions of this Order relating to foreigners apply to subjects of the Emperor of China and of the Tycoon of Japan respectively, and subjects or citizens of any State other than China or Japan (not being enemies of Her Majesty).
II. GENERAL PROVISIONS RESPECTING HER MAJESTY'S
JURISDICTION
4. All Her Majesty's jurisdiction exercisable in China or in Japan for be exercised the judicial hearing and determination of matters in difference between according to this British subjects, or between foreigners and British subjects,-or for the
administration or control of the property or persons of British subjects,-or- for the repression or punishment of crimes or offences committed by British subjects,- or for the maintenance of order among British subjects,-shall be exercised under and according to the provisions of this Order, and not otherwise.
Law of England
tered.
5. Subject to the other provisions of this Order, the civil and criminal to be adminis jurisdiction aforesaid shall, as far as circumstances admit, be exercised upon the principles of and in conformity with the Common Law, the Rules of Equity, the Statute Law, and other Law for the time being in force in and for England, and with the powers vested in and according to the course- of procedure and practice observed by and before Courts of Justice and Justices of the Peace in England, according to their respective jurisdictions.
What to be deemed criminal acts.
Style and seal of
and authorities.
6. Except as to offences made or declared such by this Order, or by any Regulation or Rule made under it-
Any act other than an act that would by a Court of Justice having criminal jurisdiction in England be deemed a crime or offence making the person doing such act liable to punishment in England, shall not, in the exercise of criminal jurisdiction under this Order, be deemed a crime or offence making the person doing such act liable to punishment.
III. -CONSTITUTION OF HER MAJESTY'S COURT
1. The Supreme Court at Shanghai
7. There shall be a Court styled Her Britannic Majesty's Supreme-
Supreme Court. Court for China and Japan,
Place of sitting.
Tenure of office
of Judge,
The Supreme Court shall have a seal bearing its style and such device as one of Her Majesty's Principal Secretaries of State from time to time directs.
8. The Supreme Court shall hold its ordinary sittings at Shanghai, or, on emergency, at any other place within the district of the Consulate of Shanghai; but may at any time transfer its ordinary sittings to any such place in China as one of Her Majesty's Principal Secretaries of State or Her Majesty's Minister in China approves.
9.-22. Revoked.
23. The Judge, Assistant Judge, and Law Secretary shall hold office Assistant Judge, during the pleasure of Her Majesty, but any warrant of appointment to the office of Judge, Assistant Judge, or Law Secretary shall not be vacated by reason only of a demise of the Crown.
and Law
Secretary.
In case at any time Her Majesty thinks fit by warrant under Her Royal sign manual to revoke the warrant appointing any person to be Judge, Assistant Judge, or Law Secretary,--or while there is a Judge, Assistant Judge, or Law Secretary in office, thinks fit by warrant under Her Royal sign manual to appoint another person to be Judge, Assistant Judge, or Law Secretary (as the case may be),-then and in every such case, until the warrant of revocation or of new appointment is notified
H.B.M. SUBJECTS IN CHINA AND JAPAN
203
by Her Majesty's Minister in China to the person holding office, all powers and authorities vested in that person shall continue and he deemed to have continued in as full force, and be 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 Consular officers Majesty's Ministers in China and Japan respectively, with the approval attached.
temporarily of the Judge of the Supreme Court in each instance first obtained, from time to time temporarily attach to the Supreme Court any persons holding appointments as Consuls or Vice-Consuls.
Every person so attached shall discharge such duties in connexion with the Court as the Judge from time to time, with the approval of one of Her Majesty's Principal Secretaries of State, directs, and shall have the like power and authority as the Assistant Judge or Law Secretary has, according as in each case the nature of the duties directed to be discharged by the person so attached may require.
2.-The Provincial Courts
held by Consuls
or by acting
Vice-Consuis.
25. Each of Her Majesty's Consuls-General, Consuls, and Vice- Provincial Consuls (holding a commission as such from Her Majesty) resident in Courts to be China or in Japan (with the exception of Her Majesty's Consuls at Shanghai, or Vice-Consuls and with such other exceptions as one of Her Majesty's Principal Secre- (commissioned) taries of State at any time thinks fit to make), or any person acting Consuls or 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 Seal 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 qualifications of the age of 21 years or upwards,-being able to speak and read English, Jurors. -having or earning a gross income at the rate of not less than 250 dollars a year, not having been attainted of treason or felony or convicted of any erime that is infamous (unless he has obtained a free pardon) and not being under outlawry,-shall be qualified to serve on a jury.
27. All persons so qualified shall be liable so to serve, except the following:-
Persons in Her Majesty's Diplomatic, Consular, or other Civil service
in actual employment;
Officers, clerks, keepers of prisons, messengers, and other persons
attached to or in the service of any of Her Majesty's Courts; Officers and others on full pay in Her Majesty's Navy or Army, or in actual employment in the service of any Department connected therewith;
Persons holding appointments in the Civil service, and Commissioned Officers in the Naval or Military service of the Emperor of China or of the Tycoon of Japan;
Clergymen and ministers in the actual discharge of professional duties; Advocates and attorneys in actual practice;
Physicians, surgeons, and apothecaries in actual practice;
And except persons disabled by mental or bodily infirmity.ogle
Exemptions.
Making of jury Jist.
Summoning and attendance of
jurors.
Penalty.
Number of jury, Challenges.
Unanimity.
Provincial
Consular
Court,- Assessors,
their number; qualifications
and functions.
206
ORDER IN COUNCIL
28. On or before the 14th day of September, in the year 1865, and on or before the 14th day of January in every subsequent year, each Court shall make out a list of the persons so qualified and liable, resident within its district.
The list shall, on or before the 21st day of the same respective month, be affixed in some conspicuous place in the Court, and shall be there exhibited until the end of that month, with a notics annexed that on a day specified, not being sooner than the 7th nor later than the 14th day of the then next month, the Court will hold a special sitting for the revision of the list.
The Court shall hold such special sitting accordingly, and at such sitting, or at some adjournment thereof (of which public notice shall be given), shall revise the list by striking out the name of any person appearing to be not qualified or not liable to serve, and by inserting the name of any person omitted and appearing to be so qualified and liable, either on the application of the person omitted, or on such notice to him as the Court thinks fit.
The list shall be finally revised and settled not later than the 21st day of October in the year 1865, and not later than the 21st day of February in every subsequent year, and when settled shall be affixed in some conspicuous place in the Court, and be there exhibited during not
less than two months.
Such list as settled shall be brought into use in the year 1865, on the 1st day of November, and in every subsequent year on the 1st day of March, and in every case shall be used as the jury list of the Court until the 1st day of March next after the time of its being brought into use.
29. Where, in pursuance of this Order, a jury is ordered, the Court shall summon so many of the persons comprised in the Jury list, not fewer than fifteen, as seem requisite.
Any person failing to attend according to such summons shall be 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, and require him within six days after receipt of the notice to file an affidavit excusing his non-attendance (if be desires to do so). The Court shall consider the affidavit, and may, if it deem proper, remit the fine.
30. A jury shall consist of five jurors.
31. In civil and in criminal cases the like challenges shall be allowed as in England, with this addition, that in civil cases each party may challenge three jurors peremptorily.
32. A jury shall be required to give an unanimous verdict.
33. Where a Provincial Court proceeds, in pursuance of this Order, to hear and determine any case, civil or criminal, with Assessors, the Court shall nominate and summon as As-essors, not less than two and not more than four indifferent British subjects of good repute, resident in the district of the Court.
Where, however, by reason of local circumstances, the Court is able to obtain the presence of one fit person only as Assessor, the Court may sit with him alone as Assessor; and where for like reason the Court is not able to obtain the presence of any fit person as Assessor, the Court may (notwithstanding anything in this Order) sit without an Assessor; but in every such case the Court shall record in the minutes of proceedings its reasons for sitting with one Assessor only, or without an Assessor.
34. An Assessor shall not have voice or vote in the decision of the Court in any case, civil or criminal; but an Assessor dissenting in a civij
H.B.M. SUBJECTS IN CHINA AND JAPAN
207
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 Ordinary China, shall, for and within the district of the Consulate of Shanghai, original be vested exclusively in the Supreme Court as its ordinary original Supreme Court. jurisdiction.
jurisdiction of
36. All Her Majesty's jurisdiction, civil and criminal, exercisable in Jurisdiction of China, beyond the district of the Consulate of Shanghai and not under Provincial this Order vested exclusively in the Supreme Court,
shall to
the extent and in the manner provided by this Order be vested in the Provincial Courts, each for and within its own district.
Court.
of Supreme with
37. The Supreme Court shall have, in all matters civil and Concurrent criminal, an extraordinary original jurisdiction throughout China, . jurisdiction concurrent with the jurisdiction of the several Provincial Courts, such Provincial extraordinary jurisdiction to be exercised subject and according to the Courts. provisions of this Order.
Provincial
38. The Judge of the Supreme Court may, from time to time, visit Visits to in a magisterial or judicial capacity any Provincial Court, and there Courts. 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.
Supreme Court,
39. A Provincial Court may, of its own motion, or on the application Reference of case of any person concerned, report to the Supreme Court the pendency of by Provincial to 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 anything in this Order) the same shall be so heard and determined accordingly.
40. Every Court shall, in the exercise of every part of its respective Court of jurisdiction, be a Court of Record.
Kecord.
41. The Judge of the Supreme Court may from time to time adinit Barristers, fit
persons to practice in the Supreme Court as barristers, attorneys, and attorneys, solicitors, or in any of those capacities.
The Judge of the Supreme Court may from time to time, subject to the approval of one of Her Majesty's Principal Secretaries of State, make Rules for regulating the admission of persons to practise as aforesaid in Provincial Courts.
and solicitors.
Shanghai
42. Her Majesty's Consul at Shanghai shall have all the powers and Consul at authorities of the Sheriff of a county in England, with all the privileges to be Sheriff. and immunities of the office, and as such Sheriff shall be charged with the execution of all decrees, orders, and sentences made and passed by the Supreme Court, on the requisition in that behalf of the Supreme Court. [Repealed.]
Provincial Court
Court.
43. Each Provincial Court shall execute any writ, order, or warrant Execution by issuing from the Supreme Court and directed to the Provincial Court, write, &c., and may take security from any person named therein for his appearance from Supreme personally, or by attorney, according to the writ, order, or warrant; or may cause such person to be taken, in custody or otherwise, to the Supreme Court, or elsewhere in China or Japan, according to the writ, order, or warrant.
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Execution of
writs, &c., from Hongkong,
Protection of Consular Officers.
Courts to be auxiliary.
Report by Provincial to Supreme Court.
Settlemnt of litigation.
Reference to arbitration by Court.
Reference to arbitration made rule of Court.
Law and Equity.
Bankruptcy.
Coroner.
208
ORDER IN COUNCIL
44. Any of Her Majesty's Courts in China or in Japan may execute any writ, order, or warrant issuing from the Supreme Court of 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 liable to action for the escape of any person taken under any writ, order, or warrant of the Supreme Court of Hongkong.
46. Her Majesty's several Courts in China and Japaan shall be auxiliary to one another in all particulars relative to the administration of justice, civil or criminal.
47. Each Provincial Court shall every six months furnish to the Supreme Court for China and Japan a report respecting every case, civil and criminal, brought before it, in such form as the Judge of the Supreme Court from time to time directs.
II.-In Civil Matters
RECONCILIATION AND ARBITRATION
48. Every Court may promote reconciliation, and encourage and facilitate the settlement in any amicable way of any suit or proceeding pending before it.
49. A Court may, with the consent of the parties, refer to arbitration the final determination of any suit or proceeding pending before it, or of all matters in reference between the parties, on such term