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MDCCCCXXVI.
A
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1
^BRITISH MALAYA)
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INDEX DIRECTORY
Page Page Page
Alphabetical List China— Continued Japan —Continued
Foreign Residents ... 1447 Southern Ports—Cont. Kobe ... 488-
Annam 1100 Foochow ... 878 Kyoto ... ... 487
Annam, Provinces du 1104 Hoihow (in Hainan)... 928 Moji ... 505
Hue 1100 Hokow 936 Nagasaki ... 507
Quinhon .. ... 1105 Kongmoon 917 Osaka ... ... 483
Tourane 1104 Kuliang 879 Shimonoseki ... 505
Nanning 923 Tokyo ... ... 464
Borneo 1407 Yokohama ... 475
Brunei 1424 Pakhoi 926
Jesselton (see N. Borneo) Samshui 919 Macao
Santuao 877 Macao ioei
Kudat (see N. Borneo)
Labuan 1422 Swatow 891 Malay states
Lahad Datu (see N. Borneo) Wuchow 921 (Federated & Unfederated)
Sandakan (see N. Borneo) Yangtsze Ports Ipoh (see Perak)
Sarawak 1407 Johore 1296
Changsha ... ... 858 Kedah 1308
Tawao (see N. Borneo) Chinkiang 820
North Borneo, State of 1413 Kelantan 1303
Chungking 865 Klang (see Selangor)
China 532 Hankow 831 K. Lumpur (see Selangor)
Central Ports Ichang 862 Kuantan (see Pahang)
Hangchow 868 Kiukiang 829 Malay States (Fed.) ... 1244
Nanking 822 Shasi 856 Malay States (Unfed.) 1295
Ningpo 872 Wuhu 826 Negri Sembilan ... 1282
Shanghai 676 Yochow 854 Pahang 1291
Soochow 818 Chosen (Corea) 521 Perak 1248
W&nchow 874 Chemulpo 527 Perlis 1312
Frontier Ports Chinnampo 530 Pt.Dickson(seeN. Sembilan)
Kouang-tcheou-wan... 924 Fusan ... 528 „ Swettenham(seeSelangor)
Kowloon Frontier ... 916 Kunsan 531 Selangor 1263
Lappa 916 Masampo 529 Serem ban (see N. Sembilan)
Lungchow 931 Mokpo ... 530 Taiping (see Perak)
Mengtsz 932 Seoul ... 523 Teluk Anson (see Perak)
Szemao 938 Song-jin &31 Trengganu 1306
Tengyueh 937 Unsan ... 526 Naval Squadrons
Yunuanfu 932 Wonsan 528 Naval Squadron, Brit. 1426
Northern Ports Cochin-China 1111 Naval Squadron, Jap. 1439
Antung Cam bodge 1129 Naval Squadron, U.S. 1431
Changchun 643 Cholon... 1128 Netherlands India 1313
Chefoo 656 Saigon 1112 Batavia 1332
Chinwangtao 627 Eastern Siberia 457 Buitenzorg 1332
Dairen 651 Macassar 1350
Harbin Nicolajewsk 458 Padang 1348
Hunchun Vladivostock 457 Semarang 1344
Kiaochau 667 Formosa 511 Sourabaya ... ... 1339
Kirin 644 Daitotei (Twatutia)... 515 Sumatra 1353
Lungchingtsun 645 Keelung ... ... 517 Philippine Islands 1365
Lungkow 662 Tainan,Takao Manchurian Trade C. 633 Taihoku (Taipeh) ... 515 Cebu 1397
Mukden 633 Tamsui 514 Iloilo 1394
Newchwang 629 Hongkong 940 Manila 1375
Peiteiho 627 Classified List ... 1043 Zamboanga 1403
Peking 564 Ladies’ List 1052 Siam 1L32
Port Arthur 647 Peak Residents ... 1057 Bangkok 1133
Taku 624 Steamers
Tientsin 585 Indo-China 1075
Coasting 1441
Tsingtao 667 Haiphong 1088
Straits Settlements
Tsinan 673 Hanoi 1077
1172
Wei-hai-wei 664 Tonkin 1076
Malacca 1234
Southern Ports Tonkin, Pro vs. du ... 1094
Amoy ... Penang 1218
885 Japan 460 Prov. Wellesley (seePenang)
Canton ... 898 Hakodate 482 Singapore 1177
INDEX, DIRECTORY
A Page i K Page R—Gont. Page
Alphabetical List of Kedah 1308 Pt. Dickson (see N. Sembilan
Foreign Residents... 1447 Keelung 517 „ Swettenham(seeSelangor)
Amoy ... 885 Kelantan 1303 Prov. Wellesley(see Penang)
Annam 1100 Kiukiang 829 Q
Annam, Provinces du 1104 Kiaochau 667 Quinhon 1105
Anping 518 Kirin 644 S
Antung 649 Klang (see Selangor) Saigon 1112
Kobe 488 Samshui 919
Baguio 1377 Kongmoon 917 Sandakan (see N. Borneo)
Bangkok 1133 Kouang-tcheou-wan... 924 Santuao 877
Batavia 1332 Kowloon Frontier ... 916 Sarawak 1407
Borneo... 1407 Kuala Lumpu r(see Selangor) Selangor 1263
Brunei ... 1424 Kuantan (see Pahang) Semarang 1344
Buitenzorg 1332 Kudat (see N. Borneo) Seoul 523
Kuliang 879 Seremban (seeN. Sembilan)
Kunsan 531 Shanghai 676
Cambodge 1129
Kyoto 487 Shasi 856
Canton...
L Shimonoseki 505
Cebu ...
Changchun 643 Labuan 1422 Siam 1132
Changsha 858 Lahad Datu (see N. Borneo) Singapore 1177
Chefoo... 656 Lappa 916 Sourabaya 1339
Chemulpo 527 Lungchingtsun ... 645 Song-jin 531
China ... 532 Lungchow 931 Soochow 818
Chinkiang 820 Lungkow 662 Steamers, Coasting ... 1411
Chinnampo ... 530 M Straits Settlements ... 1172
Chinwangtao 627 Macao 1061 Sumatra 1353
Cholon 1128 Macassar 1350 Swatow 891
Chosen (Corea) 521 Malacca 1234 Szemao 938
Chungking 865 Malay States (Fed.) ... 1244 T
Cochin China 1111 Malay States (Unfed.) 1295 Taihoku (Taipeh) .:. 515
D Manchurian Trade C. 633 Tainan 518
Dairen 651 Manila 1375 Taiping (see Perak)
Daitotei (Twatutia) ... 515 Masampo 529 Takao 518
E Mengtsz 932 Taku 624
Eastern Siberia 457 Moii 505 Tamsui 514
r Mokpo 530 Tawao (see N. Borneo)
Foochow 878 Mukden 633 Teluk Anson (see Perak)
Formosa 511 N Tengyueh 937
Fusan 528 Nagasaki 507 Tientsin 585
H Nanking 822 Tokyo 464
Haiphong 1088 Nanning 923 Tonkin 1076
Hakodate 482 Naval Squadron, Brit. 1426 Tonkin, Provinces du 1094
Hangchow 868 Naval Squadron, Jap. 1439 Tourane 1104
Hankow 831 Naval Squadron, U.S. 1431 Trengganu 1306
Hanoi 1077 Negri Sembilan ... 1282 Tsingtao - 667
Harbin 638 Netherlands India ... 1313 Tsinan 673
Hoihow (in Hainan)... 928 Newchwang 629 U
Hokow 936 Nicolajewsk 458 Unsan 526
Hongkong 940 Ningpo 872 V
Hongkong Ladies’ List 1052 North Borneo, State of 1413 Vladivostock 457
H’kong. Peak Resdts. 1057 O
W
Hue 1100 Osaka 483
Wei-hai-wei ... 664
Hunchun 646 R
Padang 1348
Wenchow 874
Pahang 1291 Wonsan 528
Ichang 862 Pakhoi Wuchow 921
926 Wuhu 826
Iloilo 1394 Peiteiho 627
Indo-China 1075 Peking 564 Y
Ipoh (see Perak) Penang 1218 Yochow 854
J Perak 1248 Yokohama 475
Yunnanfu 932
Japan 460 Perlis 1312
Jesselton (see B. N. Borneo) Philippine Islands ... 1365 Z
Johore 1296 Port Arthur 647 Zamboanga ... 1403
INDEX
TREATIES, CODES AND GENERAL
PAGE
Advertisers, Index to >v Great Britain, Chun (king Agreement, 1890 17
Agents Sack of Title page Great Britain, Emigration Convention, 1904 54
vi
Calendar and Chronology j Great Britain, Kowloon Extension, 1898 20
v
Calendar, Anglo Chinese ' Great Britain, Nanking, 1842 3
453
Chair and Boat Hire, Hongkong Great Britain, Opium Agreement, 1911 63
Chamber of Commerce, Scale of Commissions, &c. .. ‘‘18 Great Biitain, Sup. Commercial Treaty with China 22
China’s Permanent Constitution Great Britain, Tibet-Sikkim Convention, 1890 18
xix
Chinese Festivals Great Britain, Tibet Convention 58
4,14
Chinese Passengers’ Act Great Britain, Tientsin, 1858 5
251
•Consortium Agreement, 1920 Great Britain, Weihaiwei Convention, 1898 21
Court of Consuls at Shanghai, Rules of Procedure ... .382 Japan, Agreement China-Korean Boundary, 19C9, 249
49
Customs Tariff, China, Exports Japan, Agreement Regarding Manchurian Ques-
Customs Tariff, China, Imports, Revised 1922 34 3, 1909 ..
Customs Tariff, China, Rules, Exports 51 Japan, Commercial, Peking, 1896 125
Customs Tariff, China, Rules, Imports 4
8 Japan, Protocol, New Ports, Peking, 1896 130
Customs Tariff, Japan 1'8 Japan, Regarding Manchuria, 1905 139
Customs Tariff, J apan, Duties on Luxuries, etc., 1921, 218 Japan, Regarding Shantung, 1915 141
Customs Tariff, Korea I68 Japan,RegardingS. Manchuriaand Mongolia,1916,143
Draft Customs Tariff Law (Japan) I"8 Japan, Settlement of Outstanding Questions
Foreign Jurisdiction Act, 1890 299 relative to Shantung 145
448 Japan, Transfer of Shantung 263
Harbour Regulations, Japan
Hongkong, Charter of the Colony 385 Japan, Shimonoseki, 1895 122
Hongkong, Constitution of Councils 389 Japan, Supplementary Treaty, 1903 131
Hongkong, Legislative Council, Rules of 398 Portugal, 1888 109
408 Portugal, 1904 117
Hongkong, Port Regulations
44
Hongkong, Stock Exchange ? Russo-Chinese Agreement, 1924 160
4
Hongkong Typhoon Signals and Stations 51 United States of America, Additional, 1868 95
497 United States of America, Commercial, 1903 102
Insurance, Japanese Ordinance
"Malay States Federation Agreement, 1896 293 United States of America, Immigration, 1894 100
Manila Invoice Charges 4
5° United States of America, Immigration & Comm. 97
Orders in Council f Amendment) China & Corea, 1907, 346 United States of America, Tientsin, 1858 89
Orders in Council (Amendment) China & Corea, 1909, 349 With Japan:—
Orders in Council (Amendment) China & Corea, 1910 Great Britain, 1894 169
•Orders in Council (China Amendment), 1913 Great Britain, Commerce and Nav., 1911 224
Orders in Council, China (Amendment) 1914 359 Great Britain, Estate of deceased persons, 1900 . .222
Orders in Council, China (Amendment No. 2), 1920 . .361 Great Britain, Japan-India Commercial, 1904 223
Orders in Council, China (Amendment No. 3), 1920 - .361 Korea, Treaty of Annexation, 1910 163
Orders in Council, China (Amendment), 1921 362 Russia, Convention, 1916 242
Orders in Council (Companies), China, 1915 364 Russia, Railway Convention, 1907 239
Orders in Council (Companies), China Amendment, Russia, Relating to China 238
1919 368 Russia, Treaty of Peace, 1905 235
Orders in Council (Treaty of Peace), China, 1919 370
Russo-Japanese Convention, 1925 243
Orders in Council, H.B.M., China and Corea 305
United States, 1886, Extradition Treaty 233
Port Regulations for H.B.M. Consulates in China 415
Shanghai Mixed Court, Rules of the 383 With Korea :—
■Siam, Foreign Jurisdiction, 1909 279 Great Britain, Trade Regulations 165
Signals, Storm, &c., Hongkong 451 With Siam:—
Stamp Duties, Hongkong, 1921-1922 433 France, 1904 281
Statutory Rules and Orders China and Corea), 1909 .. 373 France,1907 283
Tables of Consular Fees 374 Great Britain, 1856 267
Treaty Ports, etc 295 Great Britain, 1909 273
Great Britain, 1913, re Fugitive Criminals 278
Treaties:—With China:—
Great Britain, Registration of Subjects 272
Final Protocol with Eleven Powers, 1901 152 Great Britain, Trade Regulations with 270
France, Additional Convention, 1895 87 Japan,1898 287
France, Convention, 1887 85 Russia, 1899 291
France, Convention of Peace, 1860 66 Great Britain and France, Siamese Frontier, 1896 ..292
France, Peking, 1860 75 Great Britain and Portugal, Opium, 1913 294
France, Tientsin, 1885 77 United States Consular and Court Fees 380
France, Trade Reglns. for Tonkin Frontier, 1886.. 80 United States Consular Courts in China, Regulations . .384
Germany, Peking, 1921 157 United States Court for China, Jurisdiction 377
Great Britain, Burma Convention, 1897 18 Washington Conference Resolutions, 1921-22 254
-Great Britain, Chefoo Convention, 1876 13 Weights and Measures, Money 453
INDEX TO ADVERTISERS
PAGE PAGIT
A.B.C. DIRECTORY OF BRITISH MER- ENGINEERS AND MACHINISTS:—
CHANTS AND MASTUFACTHRERS ... xliii Gilbertson & Co., Ld., W., Pon-
tardawe, Nr. Swansea xxxv
ART PRODUCTIONS:— Hongkong & Whampoa Dock Co.... 1004c
Raphael Tuck & Sons, London ... Mitsubishi Soko Kaisha, Kobe... 1004D
Inside bach cover Rapid Magnetting Machine Co.,
BANKS Ld., Birmingham 1
Bank of Canton, Ld xxix Ruston & Hornsby, Ld., Lincoln...
Bank of Taiwan (Formosa) xxviii Inside front cover
Banque Franco-Chinoise pour le
Commerce et ITndustrie .. xxiii EXCAVATOR MANUFACTURERS:—
Banque de Paris et des Pays-Bas... xxii Ruston & Hornsby, Ld., Lincoln...
Chartered Bank of India, Aus. and Inside front cover
China xxv
Hongkong and Shanghai Bank ... xxiv GALVANIZED SHEET MANUFACTURERS:—
Hongkong Savings Bank xxx Gilbertson & Co., Ld., W., Pon-
International Banking Corpn. ... xxvii tardawe, Nr. Swansea ... ... xxxv
Mercantile Bank of India xxvi GLASS MANUFACTURERS:—
Shanghai Commercial & Savings S. Bank, Ld xxix
HARDWARE MANUFACTURERS:—
BOOKSELLERS & PUBLISHERS:—
Maruzen Co., Ld., Tokyo xxxviii
Rapid Magnetting Machine Co.,
Ld., Birmingham 1
BREWERS Sun Man Woo Co xlii
Dai Nippon Brewery Co., Japan...xxxvii
HOTELS :—
BRICK MANUFACTURERS Astor House Hotel, Shanghai ...
Kailan Mining Administration, Front end paper
Tientsin xl Grand Hotel des Wagons
Do. Front cover Lits, Peking do.
Hongkong Hotel do.
CEMENT MANUFACTURERS Kalee Hotel, Shanghai ... do.
Indo-China Portland Cement Co., Majestic Hotel, Shanghai do.
Ld., Haiphong (Indo-China) ... xxxvi Palace Hotel, Shanghai... do.
Peak Hotel do.
COAL MERCHANTS
Kailan Mining Admin., Tientsin... xl Peninsula Hotel, Kowloon... do..
Do. Front cover Repulse Bay Hotel ... do.
Mitsui Bussan Kaisha xli INSURANCE, LIFE, FIRE AND MARINE :—
Sun Man Woo Co xlii Union Insur. Society of Canton, Ld.,
COTTON GOODS MANUFACTURERS Hinge of cover
E. Spinner & Co., Manchester and LIFTING TACKLE AND HYDRAULIC TOOLS:—
Bombay 1 Ruston & Hornsby, Ld., Lincoln
Inside front cover
Gilbertson tardawe, Nr. Swansea xxxv Gilbertson &. Co., Ld., W., Pontar-
Hongkong & Whampoa Dock Co... 1004c dawe, Nr. Swansea xxxv
Mitsubishi Soko Kaisha, Kobe... 1004D Hongkong & Whampoa Dock Co... 1004c
Mitsui Bussan Kaisha, Japan ... xli Mitsubishi Soko Kaisha, Kobe ... 1004D
Rapid Magnetting Machine Co.,
DRUGGISTS :— Ld., Birmingham 1
Ferris & Co., Ld., Bristol Ruston & Hornsby, Ld., Lincoln
Inside back cover Inside front cover
INDEX TO ADYEETISERS—Continued
PAGE PAGE
MERCHANTS, COMMISSION AGENTS, ETC. : — SHIPBUILDERS :—
A.B.C. Directory of Merchants and H’kong. Manufacturers (British) xliii Mitsubishi Soko Kaisha, Kobe ... 1004D
Arculli, Brothers xxxix Mitsui Bussan Kaisha, Japan ... xli
Kai Chong & Co., Macao xxxv
Mitsui Bussan Kaisha, China and SHIPCHANDLERS :—
Japan xl Sun Man Woo Co xlii
Sun Man Woo Co xlh STEAMSHIP LINES :—
Wing On Co. (Shanghai), Ld. . xxxix Apcar Line xxxi
Blue Funnel Line xxxii
METAL MERCHANTS
British India S. N. Co., Ld. ... xxxi
Sun Man Woo Co xlii Ellerman & Bucknall S.S. Co., Ld...
NAVY CONTRACTORS
Inside front cover
Douglas Steamship Co xxxiv
Sun Man Woo Co xlii Eastern and Australian Line ... xxxi
NEWSPAPERS:—
Glen k Shire Lines xxx
“ Hongkong Daily Press” Back of cover Indo-China Steam Nav. Co xxxiii
Do. Inside back end paper P. k O. S. N. Co xxxi
“Hongkong Weekly Press” do. SPORTING GOODS DEALERS:—
Kai Chong & Co., Macao xxxv
OIL MERCHANTS
Asiatic Petroleum Co xx STEVEDORES:—
Do. ... Front cover Sun Man Woo Co xlii
Rising Sun Petroleum Co., Japan xx
Standard Oil Co. of New York ... xxi STOREKEEPERS:—
Do. Front cover Kai Chong k Co., Macao xxxv
Sun Man Woo Co xlii
PAINT MERCHANTS Wing On Co. (Shanghai), Ld. ... xxxix
Sun Man Woo Co xlii
SURGICAL INSTRUMENT DEALERS:—
PHOTOGRAPHIC COOPS DEALERS:— Ferris k Co., Ld., Bristol
Kai Chong & Co., Macao xxxv Inside back cover
PRINTING AND BOOKBINDING:— TRADE MARKS OF BRITISH MERCHANTS
Hongkong Daily Press Back of cover AND MANUFACTURERS 1668
WINES AND SPIRITS :—
RAILWAYS:—
Chinese Government Railways— Dai Nippon Brewery Co., Ld.,
Peking-Hankow Line xxxv Mitsui Bussan Kaisha, sole
agents xxxvii
JROPE MANUFACTURERS :— WOOLLEN GOODS MANUFACTURERS:—
Hongkong Rope Manufacturing E. Spinner & Co., Manchester and
Co 1004A-B Bombay 1
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THE CALENDAR FOR 1926
JANUARY-31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 7h. 03m. 5h. 60m. 1924 1925
16th 7h. 06m. 6h. 00m. Maximum ... ... ... 65.9 61.1
Minimum 59.8 53.3
Mean 62.4 56.8
MOON’S PHASES
d. h. BAROMETER, 1925
Last Quarter ... 7 3 22 P.M. Mean ... 30.11
New Moon ... 14 2 35 P.M.
First Quarter... 21 6 -31 A.M. 1924 RAINFALL 1925
Full Moon ... 29 5 35 A.M. 1.080 inches 4.335 inches
CHRONOLOOY OF RKMARKABLK EVENTS
Kobe and Osaka opened, 1868. Overland Telegraph through Russia opened, 1872.
Russians surrender Port Arthur to the Japanese, with 878 officers, 23,491 men, 646 guns
and vast stores of ammunition, also 4 battleships, 2 cruisers, 14 gunboats and de-
stroyers, 10 steamers and 35 small vessels, 1905. Inauguration of Chinese Republic with
Dr. Sun Yat Sen as Provisional President, 1912. First Chinese Celebration of Western
New Year, 1913.
First election by the Hongkong Chamber of Commerce of a member of the Legislative
Council, 1884. Evacuation of Shanghai completed, 1903. First sitting of Reconstituted
Appeal Court, Hongkong, 1913.
Sun. EPIPHANY. First election by the Hongkong Justices of the Peace of a member of the
Legislative Council, 1884.
MOD. Decree of Emperor Tao-kwang prohibiting trade with England, 1840. Commissioner
Yeh captured, 1858. Chinese Government definitely refused to submit the Macao
boundary question to arbitration, 1910.
Thanksgiving services for the Armistice at the Hongkong places of worship and mass
meeting of thanksgiving at Theatre Royal, 1919.
Fearful fire at Tientsin, 1,400 famine refugees burnt to death, 1878.
Forts at Chuenpi taken with great slaughter, 1841. Chinese Govt. Press Bureau
initiated, 1914.
Ice one-fourth inch thick at Canton, 1852. British str. “Namchow” sunk off Cup Chi,
near Swatow; about 350 lives lost, 1892. The French evacuated Chantaboon, 1905. Pre-
sident Yuan Shih-kai declares 7 cities in North China open to international trade, viz.,
Kweihwa Ch’eng, Kalgan, Dolon-Nor, Chinfeng, Taouanfu, Liengkow, Hulutao, 1919.
Satur. Murder of Mr. Holworthy at the Peak, Hongkong, 1869.
Sun. 1ST AFTER EPIPHANY.
Mon. Seamn’s Church, West Point, opened, 1872. New Union Church, Hongkong, opened
1891. H.E. The Governor of Hongkong issued an appeal for an endowment fund
of $1,250,000 for proposed Hongkong University, 1909.
Tung-chi, Emperor of China, died, in his nineteenth year, 1875. China’s Parliament
dissolved, 1914.
Ki-ying, Viceroy of Two Kwang, issues a proclamation intimating the intention to open
up Canton according to the Treaties, 1846. Strike of Seamen at Hongkong, which
continued until March 5th and developed into a general sympathetic strike, 1922.
Secretary of United States Legation murdered at Tokyo, 1871. Volcanic eruptions and
tidal wave in Kagoshima (Japan); famine in Northern Japan, 1914.
Bread poisoning in Hongkong by Chinese baker, 1857. Indo-China str. “YikSing” lost
at The Brothers, 1908- Hongkong Courts of Justice opened, 1912.
Severe frost in Hongkong, 1893. Chinese Imperial Court returned to Peking, 1902.
Sun. 2ND AFTER EPIPHANY. The Tai-wo gate at the Palace, Peking, destroyed, 1889.
Mon. Great gunpowder explosion in Hongkong harbour, 1867.
Tues. 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 Woosung between P. & O. steamer “Nepaul” and Chinese transport “Wan-
nien-ching”: latter sunk and 80 lives lost, 1887. Hongkong ceded to Great
Britain, 1841. Celebration of Hongkong’s Jubilee, 1891.
Death of Queen Victoria, 1901. The first Chinese Ambassadors arrived in London, 1877.
Sir Henrv May left Hongkong to become Governor of Fiji, 1911.
P. & O. steamer "Niphon” lost off Amoy, 186S. Pitched battle between Police and
robbers in Gresson St., Hongkong, 1918. Sir H. May’s resignation of the Governorship
of Hongkong, 1919.
3RD AFTER EPIPHANY. Matheus Ricci, the Jesuit Missionary, enters Peking, 1601.
U.S. corvette “Oneida” lost through collision with P. & O. steamer “ Bombay,”
near Yokohama, 1870. Decree announcing resignation of Emperor Kwang Hsu,
1900.
Hongkong taken possession of, 1841. St. Paul’s Church at Macao burnt 1835. Terrific
fire at Tokyo ; 10,000 houses destroyed and many lives lost, 1881.
Decree from Yung-ching forbidding, under pain of death, the propagation of the Christian
faith in China, 1733.
Lord Saltoun left China with $3,000,000 ransom money, 1846. British gunboat patrol
withdrawn from West River, 1908. Big fire among flower-boats in Canton: 100 lives
lost, 1909.
SRPTOAGESIMA. Outer forts of Weihaiwei captured by Japanese, 1894; volcano eruption
at Taal, P.I., 1911. Japan makes certain demands on China, 1916.
THE CALENDAR FOR 1926
FEBRUARY-28 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 7h. 03m. 6h. 12m. 1924 1925
15th 6h. 56m. 6h. 20m. Maximum 63.6 60.4
Minimum 57.3 52.5
Mean 60.3 £6.0
MOON’S PHASES
d. h. BAROMETER, 1925
Last Quarter... 6 7 Mean 30.15
New Moon ... 13 1
First Quarter... 19 8 ' 924 RAINFALL ’ 925
Full Moon ... 28 0 4.510 inches 0.385 inches
DAYS or DAYS or 12 &1 CHRONOLOOY OF REMARKABLE EVENTS
WKKK MONTH j MOONS
Mon. 1 19 Inhabitants of Hongkong declared British subjects, 1841. The Additional Article to
Chefoo Convention came into force, 1887. First meeting of International Commission
on Opium at Shanghai, 1909.
2 20 The German Club at Hongkong opened, 1872. Weihaiwei citadel captured by Japanese,
1895. Loss of “Daijiu Maru,” in the China Sea, 160 lives lost, 1916. Opening of
Tytam Tuk Reservoir by Sir Henry May, 1918.
Wed. 21
Thurs. 22 Great robbery in the Central Bank, Hongkong, discovered, 1865. Agreement opening West
River signed, 1897.
23 Anti-foreign riot at Chinkiang, foreign houses burned and looted, 1889. Local Ad-
ministrative bodies in China suppressed, 1914.
Satur. The Spanish Envoy Halcon arrived at Macao to demand satisfaction from the Chinese for
the burning of the Spanish brig “ Bilbaino,” 1840. Japan broke off diplomatic relations
with Russia, 1904. Japanese str. “Tatsu Maru” seized by Chinese gunboats near Macao
for alleged smuggling arms, 1908. Sir George Phillippo, a former Chief Justice of Hong-
kong, died at Geneva, 1914.
Sun. r 25 SEXAHESIMA. Suez Canal adopted as the regular route for the Eastern Mails, 1888.
Mon. 8 26 The Spanish fleet leaves the port of Cavite, by order of the Governor of Manila, for the
purpose of taking Formosa, 1626. Hostilities between Russia and Japan begun by
Russian gunboat off Chemulpo, 1904. Japanese made a successful torpedo attack
at midnight on Russia’s Port Arthur squadron, 1904.
The “Henrietta Maria” was found drifting about in the Palawan Passage, captain,
crew and 250 coolies missing, 1857. Murder of Messrs. Kiddle and Sutherland at
Mengka on Yunnan border, 1900. Naval fight at Port Arthur between Japanese and
Russian fleets with disastrous consequences to the latter, 1904.
Wed.
The Japanese constitution granting representative government proclaimed by the
Emperor in person at Tokyo, 1889.
Fri. 12 China’s New Currency Laws published, 1914.
Satur. 13 Outbreak of convicts in Singapore Gaol, 1875. Surrender of Liukungtao Island
forts and remainder of the Chinese fleet to the Japanese, 1895. Manchu Rulers
of China announce their abdication, 1912. Sir Robert Ho Tung gives *50,000 to Hong-
kong University, 1915. Earthquake shock felt in Hongkong; serious damage and loss
of life caused in Swatow, 1918, Mr. Robt. Johnson, an American aviator, flies from
Hongkong to Macao in 23 minutes on a Curtiss seaplane, 1920.
Sun. 2 -QUINQUAGESIMA. Tung Wa Hospital, Hongkong, opened by Sir R. G. MacDonnell, 1872.
Mon. 3 Ports of Hongkong and Tinghai declared free, 1841. The Chinese frigate “ Yu-yuen ”
and corvette “Chin-cheng” sunk by the French in Sheipo oharbour, 1885. Mutiny of
Indian troops at Singapore, involving the loss of a number of lives, 1915.
Tues. 16 SHROVE TUESDAY. Insurgents evacuated Shanghai, 1855. Stewart scholarship at Central
School, Hongkong, founded, 1884. Alice Memorial Hospital, Hongkong, opened, 1887.
Wed. 17 Asu WEDNESDAY. The U.S. paddle man-of-war “ Ashuelot” wrecked on the East
Lammock Rock, near Swatow, 1883.
Thurs.
Fri.' Lord Amherst’s Embassy, returning from China, shipwrecked in the Java Sea, 1817.
Satur. China’s Provincial Assemblies suppressed, 1914.
Sun. QUADRAGESIMA. Mr. A. R. Margarv, of H.B.M.’s Consular Service, was murdered at
Manwyne, Yunnan, by Chinese, 1875. Statue of Li Hung Chang unveiled at Shang-
hai, 1906. Consort of the Emperor Kwangsu died, 1913. Hongkong A.D.C. Centenary-
Production, 1914.
10 Massacre of missionaries at Nanchang, 1906.
Tues. 11 Hostilities between England and China recommenced, 1841. Steamer “Queen” captured
and burnt by pirates, 1857. First stone of the Hongkong City Hall laid, 1867.
Wed. 12 Chusan evacuated by the British troops, 1841. Explosion of boiler of the str. “ Yotsai"
between Hongkong and Macao; six Europeans and 13 Chinese killed and vessel
destroyed, 1884. Preliminary agreement signed by the Govt, of China for the loan of
£4,000,000 from the Banque Industrielle de Chine to build a railway from Yunnan t»
Yamchow (Kwangtung), 1914.
Thurs. i 25 13 Captain Da Costa and Lieut. Dwyer murdered at Wong-ma-kok, in Hongkong, 1849.
Chinese Imperial Edict issued dismissing the Dalai Llama of Tibet, 1910.
Fri. 26 14 Bogue Forts, Canton, destroyed by Sir Gordon Bremer, 1841. Appalling disaster at
Hongkong Racecourse; matsheds collapse and destroyed by fire- over 600 bodies re-
covered, 1918.
Satur. I 27 15 Treaty of peace between Japan and Corea signed at Kokwa, 1876. Evacuation of Port
Hamilton by the British forces, 1887.
Sun. 28 16 2ND IN LENT. Capture of the Sulu capital by the Spaniards, 1876.
THE CALENDAR FOR 1926
MARCH-31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 6h. 46m. 6h. 27m. 1924 1925
15th 6h. 32m. 6h. 33m. Maximum 67.0 67.7
Minimum 59.2 60.6
Mean 62.5 63.7
MOON’S PHASES
d. h. BAROMETER, 1925
Last Quarter ... 7 7 49 P.M. Mean 30.03
New Moon ... 14 11 20 A.M.
First Quarter... 21 1 1924 RAINFALL 1925
Full Moon ... 29 6 0.180 inches 8.280 inches
HATS OP DAYS OF 1 & 2
WJSEK MONTH j MOONS j CHRONOLOGY REMARKABLE EVENTS
17 S. DAVID’S DAY. Bombardment of the Chinhai forts by French men-of-war, 188B. Twenty-
six opium divans closed in Hongkong, 1909. Mr. Herrmann, manager of Siemens
Schuckert at Yokohama, arrested in connection with Japanese Naval scandal, 1914.
lues. 2 IS First Dutch Embassy left China, 1657.
"Wed. 3 19 Foreign Ministers received in audience by the Emperor at the Tsz Kuang Po, 1891.
Thurs. 4
Fri. 21 Expulsion of Chinese Custom House from Macao by Governor Amaral, 1849.
22 | Hostilities at Canton recommenced. Fort Napier taken by the English, 1841
Sun. 7 23 3RD IN LENT. Departure of Governor, Sir J. Hennessy, from Hongkong, 1882.
Kongmoon opened to foreign trade.
Mon. 8 24 Arrival in Hongkong of Prince Henry of Prussia, ■L. 1898. Russo-Chinese Manchurian
Convention signed, 1902. Tiger killed in the New Territory, after a European
and an Indian constable had lost their lives in the chase, 1915.
Tues. 9 25 Attack on Messrs. Farnham and Rohl at Shanghai, 1872.
Wed. 10 26 Lin arrived in Canton, 1839. 12,000 Chinese troops attacked the English in Ningpo and
Chinhai and were repulsed with great slaughter, 1842. The Japanese army after a
sanguinary battle lasting several days occupied Moukden, and pursued the retreating
Russians, whose losses in the battle were estimated at 20,000, 1905. Yuan Shih Kai
inaugurated as President of the Chinese Republic, 1912.
Governor Sir R. G. MacDonnell arrived in Hongkong, 1866. Hongkong University
opened by H.E. Sir F. W. Lugard, 1912.
28 Imperial Commissioner Ki-chen, degraded by the Emperor, left Canton as a prisoner,
1841. Capture of Bac-Ninh, by the French, 1884. Death of Dr. Sun Yat Sen, in
Peking, 1925.
29
4TH IN LENT. 8,000 Chinese troops routed by the English at Tze-hi with great slaugh-
ter, 1842. New Law Courts at Yokohama opened, 1890. Hongkong and Shanghai
Bank at Peking burnt down, 1900.
Mon. 2 Governor Sir H. Robinson left Hongkong for Ceylon, 1865. Jubilee of Hongkong
Chamber of Commerce, 1912.
Tues. Chinese Envoy Ping and suite left Shanghai for Europe, 1866. Japanese Diet resolved to
nationalise the railway. China released the Japanese str. “Tatsu Maru” at Canton, 1908.
H.E. Sir F. D. Lugard laid foundation-stone of Hongkong University, 1910.
Wed. S. PATRICK'S DAY. Lord Macartney’s Embassy left China, 1794. Severe earthquake in
Formosa, 1906.
Thurs. 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. General strike at Macao owing to a
.clash between the authorities and a crowd of Chinese who besieged the Police Station
and were fired upon, 34 being killed and 31 wounded, 1922.
Satur. 20
Sun. 21 PASSION SUNDAY. British ship “Sarah,” first free-trader, sailed from Whampoa, 1834.
Mr. F. A. Aglen appointed Deputy Inspector of Chinese Maritime Customs, 1910.
Mon. 9 Death, at Peking, of Sir Harry Parkes, H.B.M. Minister to China, 1886. Sir Robert
Hart left Peking for Home, 1908.
Tues. 23 10 Captain Elliot forced his way to Canton, 1839. Aguinaldo captured by the Americans in
the Philippines, 1901.
Wed. 24 11 First Section of Manila-Dagupan railway opened, 1891, Attempted assassination of Li
Hung-chang at Shimonoseki, 1895.
Thurs. 25 12 Captain Elliot demands passports for himself and all the British subjects imprisoned in
Canton, 1839.
Fri. 13 Great flood at Foochow, 1874 Newchwangplaced under Russian martial-law.
Launch of the “Autolyeus,”the largest ship built in British Overseas Dominions, at Taikoo
Dock, 1917. Protocol of Convention between China and Portugal signed at Lisbon, 1887.
Sun. 15 PALM SUNDAY. 20,289 chests of opium burned by Lin at Canton, 1839. Foundation-stone
of New Customs House at Canton laid, 1914.
16 Seizure and occupation of the Pescadores by the French fleet, 1885.
Arrival of Governor Sir George Bowen, G.C.M.G., 1883. Chinese Regiment at Weihaiwei
disbanded, 1904. Cantonese resolved on a boycott of Japanese products which lasted
throughout the year, 1908.
18 Abolition of the coolie trade at Macao, 1874. Arrival of the Duke and Duchess of
Connaught in Hongkong, 1890. All gambling saloons in Canton closed, 1912. T.K.K.
liner “ Chiyo Maru ” wrecked off Lema Islands, 1916.
THE CALENDAR FOR 1926
APRIL—30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 6h. 36m. 6h. 38m. 1924 1925
15tli ... ... 6h. 04m. 6h. 43m. Maximum 74.4 70.0
Minimum 65.8 61.8
MOON’S PHASES
Mean 69.3 65.2
d. h. BAROMETER, 1925
Last Quarter ... 6 4 50 A.M. M ean 30.03
New Moon ... 12 8 56 P.M.
First Quarter .. 20 7 23 A.M. 1924 RAINFAUU 1925
Full Moon ... 28 8 3/ A.M. 6.215 inches 7.935 inches
DATS OF DATS OF ! 2 & 3
WKKK AIONTU ; MOONS CHRONOLOOT OF REMARKABLE EVENTS
Thurs. 1 19 The port of Hoihow (in Hainan) opened, 1876. The ports of Pakhoi, Wenchow, Wuhu
and Icham; opened, 1877. B.N. Borneo adopted the Straits Settlements currency,
1905. Dowager Empress of Japan died, 1914.
Fri. 2 20 Goon FKIHAY. French flag hoisted at Kwang-chau-wan, 1898. Belilios Reformatory
opened at Hongkong, 1900.
Satur. 21 “ Tai On ” pirated between Hongkong and Kongmoon, 1913.
Sun. 4 22 EASTER SI’NDAT. Protoco arranging the preliminaries of peace between France and
China signed at Paris, 1885. The Tsarevitch and Prince George of Greece arrived
in Hongkong, 1891.
Mon. 5 23 EASTER MONDAY. Bogue Forts destroyed by General D’Aguilar, 1847. Wheelbarrow
Riot at Shanghai, 1897. Attempt to destroy with dynamite the Prince Regent’s
Palace at Peking, 1910.
Tues. 6 24 Convention between Sir John Francis Davis and the Viceroy Ki-ying for the admission
of Europeans into the city of Canton within two months, 1842. ' H.R.H, The Prince of
Woles visits Hongkong for two days on his way to Japan, 1922.
Wed. 7 Hongkong Mint opened, 1866. Indignation Meeting at Shanghai respecting Wheelbarrow
Riot, 1897. Great powder explosion at Canton, 1913.
Thurs. 8 26 Arrival of M. Paul Bert at Hanoi, 1886. Chinese Parliament inaugurated 1913.
Fri. 9 27 Terrific tornado in Canton; 2,000 houses destroyed and 10,000 lives lost, 1878. Tartar
General at Canton assassinated, 1911.
Satur. 10 37,000 Christians butchered in Japan, 1738. Death at Peking of Marquis Tseng, 1890.
Sun. Low SUNDAY.
Mon. Presentation of colours to Hongkong Regiment, 1895. Russian flagship
“ Petropavlovsk ” sunk by a mine off Port Arthur, nearly every man drowned, includ-
ing Admiral Makaroff, 1904.
Tues. 13 Soldiers’ Club opened at Hongkong, 1900. Imperial Palace, Seoul, destroyed by fire,
1904. Aliens given the right to own land in Japan, 1910.
Wed. 14 3 S. Francis Xavier left Goa for China, 1552. Riots at Changsha, 1910.
15 1 British Flag hoisted at Taipohui, Kowloon, New Territory, 1899. Governor Sir Arthur
Kennedy arrived in Hongkong, 1872. Junk Bay Flour Mills, Hongkong, suspended
operations, 1908.
Fri. 16 5
Satur. 17 6 Telegraph to Shanghai opened, 1871. Execution at Kowloon city of 19 pirates,
including “Namoa” pirates, 1891. Treaty of Peace between China and Japan signed
at Shimonoseki, 1895.
Sun. 18 7 2ND AFTER EASTER. Convention between China and Japan settling Corean differences
; signed at Tientsin, 1885. The O. & O. steamer “San Pablo” wrecked near Turn-
about, 1888. One-fourth of the opium divans at Shanghai closed, 1908. Town of
; Wagima, Japan, destroyed by fire, 1910,
Mon. 19 8 j The “Sir Charles Forbes,” the first steamer in China waters, arrived, 1830. The
i Tsarevitch arrived at Hankow, 1891.
Tues. 9
Wed. 21 10 ' Resignation of Shanghai Municipal Council, 1897.
11 East India Company ceased trade with China, 1834. Arrival of Governor J. Pope
Hennessy in Hongkong, 1877. Opening of new commercial port of Heungchow
near Macao, 1909. Bank of China authorised to issue $3,000,000 in subsidiary notes,
1915.
12 | S. GEOROE’S DAY. P. M. steamer “ Asia ” wrecked near Foochow, 1911.
Sat. 24 13 Chinese Imperial Edict issued disranking Roman Catholic missionaries, 19' S. Capture of
the citadel at Hanoi, Tonkin, by the French forces, 1882. First sod of the Shanghai-
Nanking Railway cut at Shanghai, 1905.
3RD AFTER EASTER. Foundation stone of Queen's College, Hongkong, laid, 1884.
Contract for Quintuple Loan of £25,000,000 signed at Peking, 1913.
Mon. 26 15 A crowded public meeting in Hongkong demands exclusion of Germans from the Colony-
after the War, 1917.
Tues. 27 16 Appointed by Chinese Government a Day of Prayer for Christian Churches, 1913.
Wed. 23 17 Ratifications of Corean Treaty with England exchanged, 1884. Privy Council for
Japan constituted by Imperial decree, 1888. Sir F. D. Lugard laid foundation stone of
Hongkong Seamen’s Institute, 1909. Daring piracy on the s,s.“ Tai On” off Kai Au,19Hr
Thurs. 29 18 Battle of the Valu, Russo-Japan War: Russians defeated with great slaughter, 1904.
Fri. 30 i 19 Arrival of General Grant in Hongkong, 1879.
THE CALENDAR FOR 1926 xi
MAY—31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 5h. 51m. 6h. 5i»m. 1924 1925
16th 5h. 43m. 6h. 56m. Maximum 84.4 82.3
Minimum 76.7 74.1
Mean 79.6 77.4
MOON’S PHASES
d. h. HAROMETER, 19251
Last Quarter ... 5 11 Mean 29.81
New Moon ... 12 6
First Quarter... 20 1 •18 A.K. 1924 RAINFALL 1925
Full Moon ... 27 7 49 F.M. 16.875 inches 2.580 inches
D\TS OP DAYS OF
WRKK MONTH CHRONOLOGY OF
Satur. 1 20 First number of Monqkong Gazette published, 1841. Telegraphic communication
established between Hongkong and the Philippines, 1880. Spanish fleet destroyed by
U.S. fleet at Cavite, 1898. Emperor Kvvang Hsu buried, 1909.
Sun. 2 21 4TH AFTER EASTER. Ratification at Tientsin of the Treaty between Portugal and
China, 1888. United States formally recognised Republic of China, 1913. Presentation
of Chinese Note in reply to Japan’s revised demands, 1915.
Mon. 3 22 Suspension of Oriental Bank, 1884.
4 23 Riot in French Concession at Shanghai, 1874. Roman Catholic Cathedral at Peking
inaugurated, 1884. Aomori devastated by fire, 1910.
Wed. 5 24 British troops evacuated Ningpo, 1842. Imperial Government ordered steps to be taken
at Hongkong to close opium divans, 1908. Sun Yat Sen, at Canton, proclaims himself
“ President of China,” ie21.
25 King Edward VII. died, 1910. Attack on Mr. Wood at the British Legation at Tokyo, 1874.
Lincheng outrage, in which Shantung bandits held up the “ Blue Express ” and took
26 foreigners and 100 Chinese captive.
fYi. Departure of Governor Sir William Des Vceux from Hongkong, 1891. Japan presents
ultimatum to China, 1915.
Satur.
Sun. ROGATION SUNDAY. New Town Hall at Tientsin opened, 1890. Waglan Lighthouse
opened, 1893. Chinese Government submits to Japan’s revised demands, 1915.
Hongkong declared infected with plague, 1894. Colonel Gordon with the Imperial troops
captured Chang-chow, the rebel city, 1864. Occupation of PortHamilton by the
British Squadron, 1885. Meeting of Chinese merchants at Shanghai instituted a
boycott of American products as a protest against the Chinese Immigration Act, the
movement eventually spreading extensively in'China, 1905.
11 3) Attempted assassination of the Tsarevitch by a Japanese at Otsu, Japan, 1891. Execu-
tion of fifteen pirates, including leader of “Namoa” pirates, at Kowloon, 1891.
Portuguese cruiser “ Adamastor” struck rock near Hongkong, 1913.
Wed. East India Co.’s garden at Canton destroyed by the Mandarins, 1831.
Thure. ASCENSION DAY. Anti-foreign riot at Wuhu, 1891. Bill for amending the Trading with
the Enemy Ordinance, 1914, read a third time and passed by the Hongkong Legisla-
tive Council, 1915.
Fri. Ratification at Peking of the amended Treaty between Russia and China, 1881. Anti-
Satur. foreign riot in the Hochow district, 1891.
Sun. SUNDAY AFTER ASCENSION. Loss off Amoy of the French war steamer “Izere,” 1860.
Mon. Arrival of General Grant in Shanghai, 1879. Kowloon walled city occupied, 1899.
Tues. The city of Chapu taken by the British troops, 1842. Anti-foreign riot at Nanking, 1891.
Capt. Doisy, French aviator, reached Canton, 1924.
Wed. 8 Disastrous surprise of a French sortie in Tonkin led by Commandant Riviere and death of
the latter, 1883.
Thu«s. Forts at mouth of Peiho captured by British and French forces, 1858. The Canton
Mint commenced striking silver coins, 1890.
Fri. 21 10 Loss of M.M. str. “Menzaleh” while on her passage from Hongkong to Yokohama, 1887.
Imperial Edict respecting anti-Christian literature, 1892. Ministers’ Joint Note to
Chinese Government on the Boxer agitation, 1900. Mandate issued cancelling
arrangements for Chinese monarchy, 1916.
Satur. 22 Foreign factories at Canton pillaged, 1841. Opening of new Medical School of Hongkong
University, 1919. U.S. Legation at Tokyo burned down, 1863.
Sun. 23 WHIT SUNDAY.
Mon. 24 EMPIRE DAY. Captain Elliot and all the British subjects left Canton for Macao, 1839.
British flag hoisted at Weihaiwei, 1898. Hongkong’s War Memorial (Cenotaph)
unveiled, 1923.
Tues. 25 The city of Canton invested by British troops, 1841. Anti-foreign riot at Nanking,
1891. Formosa Republic declared, 1895. Sino-Japanese Treaty signed at Peking, 1915,
British Chamber of Commerce inaugurated at Shanghai, 1915.
Wed 28 Death of Grand Secretary Wen-siang, 1876.
Thurs. 27 Canton ransomed for $6,000,000,1841. Boxers burn station on Lu-Han line, 1900. Battle of
Kinchau, Russo-Japan War; Japanese stormed Nanshan and captured 78 guns, 1904.
Battle of the Japan Sea; Admiral Togo practically annihilates Admiral Roshdesvensky’s
fleet, 1905. A Bill to provide for the levy of Estate Duty passed by the Hongkong
Legislative Council after considerable opposition from the Unofficial members, 1915.
Fri. 17 Queen’s Statue, Hongkong, unveiled, 1896. Anti-foreign riots in Szechuen, 1895.
H.M. Queen Mother of Siam visited Hongkong, 1911.
Satur. “ Empress of Ireland" sunk and 600 lives lost, including several prominent Far Eastern
residents, in the St. Lawrence River, 1914.
Sun. 19 TRINITY SUNDAY, H.B.M. screw sloop “Reynard” lost on the Pratas shoal in trying
to rescue remainder of crew of “Velocipede,” 1851. Opening of the Peak Tramway,
Hongkong, 1888. Anti-foreign riots, Shanghai, 1925.
Mon. 31 20 Typhoon at Hongkong and Macao; loss of the “ Poyang,” with 100 lives near Macao, 1874.
THE CALENDAR FOR 1926
JUNE—30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
... 5H. 38m. 7h. 03m. 1924 1925
... 5h. 38m. 7h. 08m. Maximum 84.3 85.6
Minimum 77.6 77.6
MOON’S PHASES
Mean 80.6 81.1
BAROMETER, 1925
Last Quarter...
New Moon
First Quarter...
Full Moon
)F !DJ
CHRONOLOOT OF RKM ARK ABLE EVENTS
Attempt to blow up the Hongkong Hotel, 1878. New Opium Agreement between
Hongkong and China came into force, 1887. Anti-foreign riot at Tanyang, 1811.
Canton-Samshui Railway completed.
Wed.
Thurs. KUSG’S BIRTHDAY. Earthquake at Manila, killing more than 2,000 persons, 1863. Death
of Sir Arthur Kennedy, 1883. Keelung taken possession of by Japanese, 1896.
Treaty between France and Corea signed at Seoul, 1886. West River opened, 1897.
Departure of the first O. & O. steamer from Hongkong to San Francisco, 1876. Messrs.
Argent and Green murdered in an anti-foreign riot at Wusueh, 1891. Communica-
tion with Peking cut off, 1900. French str. “ R. Lebaudy ” pirated on West River, 1913.
Sun. 1ST AFTER TRINITY. I!ea\ is in Hongkong, property tothe value of $600,000 destroy-
ed, and many lives lost, 1 Death of Yuen Shih-kai, 1916.
Mon. Attempted anti-foreign ri( Kiukianer, 1891. Hongkong-Canton steamer “Powan"
Tornado in Macao, 1913.
Socotra, 78 lives lost, 1897.
Ty 0n at F m 8a ; loss of
^ Arrival
1900. A - ?^in Hongong
T°r several Prince
of H.R.H. vessels,Charles,
1876. Admiral Seymour
heir to the starts
Roumanian for Peking,
Throne, 1920.
Portuguese prohibited trading at Canton, 1640
Opening of the first railway in Japan, 1872.
2xi) AFTER TRINITY. British steamer “ Carisbrooke” fired into and captured by Chinese
Customs cruiser, 1876. Imperial Edict condemning attacks on foreigners, 1891.
Baron yon Ketteler, German Minister, murdered in Peking, 1900.
Russo-Chinese Treaty, 1728. Battle of Telissu Russo-Japan War. Russians defeated
wrth a loss of 7,000 men and 16 guns, 1904. Capt. John Alcock and Lieut. A. VV. Brown
made the first non-stop flight across the Atlantic in an aeroplane on June 14th, 1919.
TidalWave, Japan, 28,000 lives lost, 1896. Hope Dock opened at Aberdeen, 1867. Train
from Canton to Honckong “ held up,” American missionary killed, 1916. Landslide at
Happy V alley, five Chinese killed, 1925.
Woosung taken, 1842.
First foreign-owned junk leaves Chungking, 1891. Capture of Taku Forts by Allies, 1900.
Death of Sir Hormusjee Mody, 1911.
Explosion of the “Union Star” at Shanghai, 17 persons killed and 10 wounded, 1862.
Disastrous inundation at Foochow, 2,000 lives lost, 1877.
Satur. Shanghai occupied by British forces, 1842. Attempted assassination at Shameen (Canton)
of M. Merlin, Governor-General of Indo-China, 1924.
Sun. 3RD AFTER TRINITY. Macartney’s embassy arrived in China, 1793. Attack on mission
premises at Hainan city, 1891. Unprecedented floods in the West River, 1908.
General Strike in Hongkong, 1925.
Massacre at Tientsin, 1870.
Canton blockaded by Englishforces,1840. Queen Victoria’sDiamondJubileecelebration,1897.
Coronation of King George, V., 1911. Inauguration of Tsan Ching Yuan, Chinese
Administration Council, 1914.
Shock of earthquake in Hongkong, 1874. Handsome new premises of the Hongkong"
and Shanghai Bank on the Bund, Shanghai, opened by H.B.M. Minister (Sir R.
Macleay, K.C.M.G.), 1923. Attaok on Shameen by Chinese, 1925.
Lord Robert Cecil announced in the House of Commons that the Government had decid-
ed to prohibit trading with the enemy in China, 1915
Fri. Assassination of M. Carnot, President of the French Republic, 1894. Treaty of Nanking
exchanged, 1843. Attack on British Legation at Tokyo, 1862. Foundation-stone of
new wing of Berlin Foundling House laid by Lady May, 1914.
Satur. Treaty between England and China signed at Tientsin, 1858. Additional Convention
between France and China signed at Peking, 1887.
Sun. 4IH AFTER TRINITY. Treaty between France and China signed, 1858. Confiscation of
the str. “ Prince Albert ” by the British Consul and Customs at Canton, 1866.
Mon. Agreement effected between Great Britain and the United States for reciprocal protection
of British and American Trade Marks in China, 1905.
Tues. The Foreign Ministers admitted to an audience of the Emperor of China at Peking, 1873.
Indian Mints closed to silver, 1893.
Wed. British expedition to China arrived, 1340. Opening of asection of the Shanghai and
Woosung Railway, 1876. Flooding of the Takasima coal mines, 1891. Squadron Leader
Maclaren and Flying Officer Plenderleith reach Hongkong on their attempted flight
round the world, 1924.
THE CALENDAR FOR
JULY—31 DAYS
1st 7h. Dm.
15th 5h. 47m. 7h. Dm. IVaximum 86.4 87.8
Minimum 78.4 78.3
Mean 81.7 82.5
MOON’S PHASES
Last Quarter ... P.M.
7
10
Thur,
20
21
22
THE CALENDAR FOR 1926
AUGUST-31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
... 5h. 54m. 7b. 04m 1924 1925
... 6h. 00m. 6b. 55m. Maximum 86.7 87.4
MOON’S PHASES Minimum 78.2 78.9
Mean 81.9 82.5
d. b. m.
Last Quarter... 1 3 25
New Moon ... 8
First Quarter... 17
Full Moon ... 23
Last Quarter ... 30 12 40 P.M. i 10.655 inches
CHRONOLOGY OP REMARKABLE EVENTS
Sun. Both China and Japan dBclare war, 1894. Kucheng massacre, 1895. Germany declared
war against Russia, 1914.
MOD. BANK HOLIDAY. Victims of massacre at Tientsin buried, 1870. Swatow struck by
disastrous typhoon and tidal wave, which did extensive damage to shipping and
house property and caused the loss of many thousands of lives, 1922.
British fleet arrived before Nanking, 1842. First Chinese Bazaar held at Canton, 1908.
War declared by Great Britain against Germany, 1914. Macartney’s Embassy entered
Peiho, 1796. Bombardment of Keelung by French, 1884. Allied march on Peking
started, 1900. Li Hung Chang visited Queen Victoria, 1896.
Political unrest in Kwangtung culminated in serious fighting 1916.
Serious flood at Tientsin, 1871. Hongkohg Volunteers mobilised, 1914.
Satur.
Sun. it Hakodate, 1874.
Mon. a H.M.S.
‘ Moorhen ” for Hongkong, whence he sailed for Shanghai, thus 1
ponents in undisputed possession of the city and province.
TUBS. Sir H. Pottinger arrived at Hongkong, 1841. Destructive typhoon at Foochow, 1888. Lady
May launched the “ War Drummer,” first standard ship built in Hongkong, 1918.
Wed. First public meeting of British merchants in Canton, called by Lord Napier, who
suggested the establishment of a Chamber of Commerce, 1834.
Thurs. 174 British prisoners executed in Formosa, 1842. Manila occupied by U.S. Troops,
1898. Attempted assassination of Admiral Li Chun at Canton, 1911.
Tong-ur-ku taken, 1860. Japanese squadron sinks Russian cruiser Kurile near Tsushima.
1904. Fighting and looting at Canton following flight of rebel leaders, 1913. Compul-
sory Military Service Bill passed its third reading in the Legislative Council of the
Straits Settlements, 1915.
Satur. British steamer “Glenfarg ” sunk after striking a submerged rock near Goto Islands, 1914.
China declares war against Germany and Austria-Hungary, 1917.
Sun. Great fire on French Concession, Shanghai, 991 houses destroyed, loss Tls. 1,600,000,1879.
Total loss of the E. & A. steamer “Gatterthun” near Sydney, 1895. Peking Legations
rescued, 1900. Murder of Messrs. Bruce and Lewis at Chengchow, Hunan, 1902,
Prince and Princess Arisugawa entertained at Hongkong, 1904. Disastrous tidal
waves on the north-west coast of Korea, swept a*ay hundreds of houses, did much
damage to shipping, and caused the loss of over 1,000 lives, 1923.
British trade of Canton stopped by Hong merchants, 1834. French Treaty with Siam
signed, 1856.
“Empress of India” sinks Chinese cruiser “ Wong Tai” in collision near Swatow, 1903,
Destructive typhoon at Macao, 1913.
Wed. Lord Napier ordered by the Viceroy to leave Canton, 1834. Great fire in Hongkong, 1868.
Indian troops landed in Shanghai, 1900. Large gang of pirates attacked Cheungchow,
killing three Indian constables, and looting the village, 1912. American Chamber of
Commerce established at Shanghai. 1915. Hongkong in 1923, was struck by the worst
typhoon experienced since 190S, the squall velocity reaching a maximum of 130 miles
an hour. Considerable damage was done to property on shore and to shipping in the
Harbour, but the loss of life was relatively small.
First conference between Sir Henry Pottinger and Ki-ying on board the “Cornwallis,”
at Nanking, 1842. Taku forts taken by the Allied forces, 1860.
Satur. Palace Revolution at Peking, Empress Dowager again assumes the Regency, 1898.
Chinese boycott of Shameen ends, 1924.
Sun. Governor Amaral, Macao, assassinated, 1849. Seizure of steamer “Spark” by pirates
between Canton and Macao, 1874. Telegraph line to Peking opened, 1884. Korea
annexed by Japanese, 1910. H.M.S. “ Bedford ” wrecked at Quelpart, 1910.
Large meeting in Hongkong to protest against the military contribution, 1864.
Chinese fleet at Pagoda Anchorage destroyed by French, 1884. Japan declared war on
Germany, who had ignored her request to evacuate Kiaochow with a view to its
“ eventual restoration ” to China, 1914.
Tues. Wreck of the C. N. Co.’s str. “Tientsin” near Swatow, 1887. Disturbances at Amoy,
Japanese landed marines, 1900.
Wsd. British Chamber of Commerce established at Canton, 1834. Treaty between Great Britain
and Japan signed, 1858.
Thurs. British left Macao, 1839. British steamer “Dunearn” foundered in a typhoon off Goto
Islands, 1908.
Amoy taken by the English, 296 guns captured, 1841.
Lord Amherst’s Embassy left for Yuen-ming-yuen, 1816. Slavery abolished in British,
possessions, 1833. Kimpai forts silenced by French, 1884. Hongkong Legislative
Council passes Ordinance to admit enemy aliens only on licence for 3 years, 1919.
Sun. Treaty of Nanking signed, 1842.
Mon. Wreck of “ Futami Maru” off Cape Calavite, 1900.
TUBS. Severe typhoon on coast of China, many lives lost, and much damage done to shipping at
Hongkong, Macao and Whampoa, 1848. Grea War officially ends, 1921.
THE CALENDAR FOR 1926
SEPTEMBER-30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 6h. 05m. 6h. 41m. 1924 1925
15th 6h. 10m. 6h. 27m. Maximum 86.8 86.4
Minimum ... 78.6 77.2
Mean 82.2 81.4
MOON’S PHASES
d. h. m. BAROMETER, 1925
New Moon ... 7 1 45 P.M. Mean 29.84
First Quarter ... 15 12 27 P.H.
Full Moon ... 22 4 19 A.M. 1924 RAINFALL 1925
Last Quarter ... 29 l 48 A.M. 6.440 inches 9.940 inches
©ATS OF DAYS OF
WEEK CHRONOLOGY OF REMARKABLE EVENTS
Wed. Foundation-stone of Gap Rock lighthouse, near Hongkong, laid, 1890. Chinese Imperial
Decree published announcing a decision to grant Constitutional Government. Exten-
sive Hoods in Shantung, 1914. Appalling earthquake, followed by Are, wrought
terrible havoc to life and property in Yokohama, Tokyo and surrounding districts, 1923.
Arrival of the “Vega” at Yokohama after having discovered the North-East Passage,
1879. Kiaochau declared a free port, 1898. Japanese occupied Lioa-yang, capturing
vast stores of ammunition and provisions, 1904.
Fri. Hongkong Plague proclamation revoked, 1894. Disastrous floods at Shanghai, 1904.
Satin'. Attack on the forts at Shimonoseki, Japan, by the allied fleets under Admiral Kuper, 1864.
Anglo-Chinese Commercial Treaty signed, 1902.
Sun.
Mon. H.R.H. Prince Alfred received by the Mikado of Japan, 1860. Chinese Court left Hsianfu
on the way to Peking, 1901. 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. War breaks out in China between
Chihli and Fengtien factions, 1924.
Great typhoon in Hongkong, 1867. H.I.H. Prince Tsai Hsun visits Hongkong, 1909.
Sir Hercules Robinson assumed the government of Hongkong, 1859. Floods near Swatow
rendering a million people destitute, 1911. Riots in Szechuan to protest against the use
of foreign capital for railway construction, 1911. Helena May Institute, Hongkong,
opened, 1916. Chinese Government announces its intention to assume the administra-
tion of Russian Concessions and Russian Government property in China, 1920.
(Fri. 10 Riot by Chinese mob at Canton; great destruction of houses and property in Shameen,
1883. British gunboat “Wasp” left Singapore for Hongkong and seen no more, 1887.
Death of Sir Claud MacDonald, former Minister at Peking and Tokio, 1915.
Satur. 11 Public meeting of foreign residents at Yokohama to protest against proposed new Treaty
with Japan, 1890. Japanese flagship “Mikasa” foundered as the result of an explosion
in Sasebo harbour, with a loss of 599 men, 1905.
Sun. 12 Convention signed at Chefoo by Sir Thomas Wade and Li Hung-chang, 1876
Mon. 13 Public Meeting in Hongkong with reference to the blockade of the port by the Chinese
Customs’ cruisers, 1874. Severe typhoon in Southern Japan, 1891. Funeral of Emperor
Mutsuhito, 1912.
8 Chinese transport “ Waylee” driven ashore on Pescadores; upwards of 370 lives lost, 1887-
Death of Sir John Jordan, in London, 1925.
Wed. j New Convention between Germany and China ratified at Peking, 1881.
10 The battle of the Yalu, in which the Chinese were defeated by the Japanese, losing five
vessels, 1894.
•Fri. 11 Destruction by fire of the Temple of Heaven, Peking, 1889. Loss in Kii Channel, near
Kobe, of the Turkish frigate “ Ertogrul,” with 567 lives, 1890.
Satur. 18 12 Typhoon at Hongkong, the most disastrous in the Colony’s history, 1906.
Sun. 19 Allied Generalissimo reached Hongkong, 1900. Riots at Kumchuk, Kwangtung, 1900.
Farewell parade of Hongkong Police Reserve, formed during the war, 1919.
Mon. 14
Tues. 16 Count von Waldersee reached Shanghai 1900. Sir Robert Hart died, 1911. Typhoon at
Swatow, 1891.
Wed. 16 Chinese Govt, signed a contract with Messrs. Samuel & Co., of London, for a loan of
$10,000,000 for the development of Hankow, 1914. Appeal at Government House for
$1,500,000 to meet immediate needs of Hongkong University, 1919. Major Zanni, Ar-
gentine aviator, reaches Hongkong, 1924.
Thurs. 23 U. S. brig “ Lubra ” taken by pirates, 1866. Terrific typhoon in Hongkong and Macao,
many thousands of lives lost, 1874. Hongkong Volunteer Reserve Association
inaugurated 1904. Prize Court in Hongkong condemned H.A.L. “Frisia” captured by
H.M.S. “Triumph,” 1914.
‘Fri. 24 18 H.M.S. “Rattler” lost off Japan, 1868. Piratical attack on the German barque “Apenrade,”
near Macao, 1869. The Satsuma rebels in Japan routed with great slaughter, their
leader, Saigo, killed, and the insurrection suppressed, 1877. Bomb thrown at Chinese
Commissioners when about to leave Peking for Europe, 1905.
.Satur. 19 Arrival of Governor Sir Henry A. Blake in Hongkong, 1898. Jubilee of Dr. A. H. Graves,
missionary labours at Canton celebrated, 1906.
Sun. 26 20 Lord Napier arrived at Macao dangerously ill, 1834.
Mon. 21 Commissioner Lin degraded, 1840. Lord Kitchener in Hongkong, 1909.
28 Yellow River burst its banks in Honan; calamitous inundation, 1887. H.A.L. str. “Lydia”
wrecked near Hainan Strait, 1910.
2# Hurricane at Manila, causing immense damage to shipping, 1865. S.S. “Charterhouse”
foundered in a typhoon off Hainan Head, 70 persons drowned, 1906.
Thurs. 24 All the Bogue forts destroyed by the Britishfleet, 1841. S.S. “Hsiesho” sank after striking
amine in Pechili Gulf, 1905,
THE CALENDAR FOE 1926
OCTOBER—31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
61). 15m. 6h. 12m. 1924 1925
15 th 6h. 19m. 5h. 59m. Maximum 81.2 80.2
Minimum 72.7 71.7
Mean 76.5 75.4
MOON’S PHASES
d. h.
New Moon ... 7 6
First Quarter... 14 10
Full Moon ... 21 1
Last Quarter... J;8 6
CHRONOLOGY OF REMARKABLE EVENTS
The Honglcong Daily Press started, 1857. Inauguration of Hongkong College of
Medicine, 1887. Hyogo declared an open port, 1892. Gold Standard adopted in Japan,
1897. British Section, Canton-Kowloon Railway opened, 1910. Arrival in Hongkong-
of H. E. Sir R. E. Stubbs to assume the Governorship, 1919.
Tamsui bombarded by French, 1884. Piracy of s.s. Ningshin near Wenchow, 1924.
Serious riot at Hongkong, 1884. Treaty between France and Siam signed at Bangkok,
1893. Withdrawal of British steamers from West River, 1900. Chinese National
Assembly inaugurated, 1910.
Attack on foreigners at Wenchow, 1884. Terrible fire at Amoy, 1902. Typhoon at
Hongkong, 1894. Canton-Kowloon Railway opened for through traffic, 1911. Founda-
tion-stone of new wing to the Tung Wah Hospitai, Hongkong, laid by H.E. The
Governor to commemorate the Hospital’s Jubilee, 1920.
TUBS. French expedition left Chefoo for Corea, 1866. Arrival in Hongkong of Governor Sir
William Des Voeux, 1887. Marshal Tsao Kun elected President of China, 1923.
Wtd. Hongkong Government agreed to lend the Viceroy of Wuchang £1,100,000 to repurchase-
from an American syndicate the Canton-Hankow railway concession, 1905. 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, 1901. Hongkong Legislative Council passed
a Bill to prevent trading with the enemy, 1914.
Supplementary Treaty signed at The Hague, 1848. French landing party at Tamsui
repulsed, 1884. Battle of Shaho, Russo-Japanese War, commenced. Ended 25th in
disastrous defeats of Russians; casualties 45,800 Russian ; 15,879 Japanese, 1904.
Satur. Shanghai captured, 1841. Chinhai taken, 1841. Official inspection of Tientsin-Kaiping Rail-
way, 1888. Shanghai-Woosung Railway placed under Chinese control, 1904.
Sun. Lord Napier died at Macao, 1834. Wreck off the Pescadores of the P. & O. str. “ Bokhara,”
with loss of 125 lives, 1892. Yuan Shih Kai inaugurated President of the Chinese-
Republic, 1913.
The first Chinese merchant str. (“Meifoo”) left Hongkong for London with passengers to
establish a Chinese firm there, 1881. Outbreak of revolution in China at Wuchang, 1911.
Revolt in the Philippines, 1872. Eight Chinese banks in Peking suspended payment, 1910.
Ningpo occupied by British forces, 1841. First railway in Japan officially opened by the
Mikado, 1872. Allies capture Paotingfu, 1900,
Thors. Explosion on the Chinese trooper “ Kungpai,” loss of 500 lives, 1895.
Fri.
Safcur. Khanghoa, in Corea, taken by the French, 1866. Train disaster between Harbin and Tsit-
sihar, resulting in many deaths, 1916. Sun Yat Sen’s troops give battle to Merchants
Volunteer Corps, causing much loss of life and destruction of property in Canton 1924.
Sun. St. John’s Cathedral, Hongkong, dedicated, 1842. Daring piracy on board the British str.
“ Greyhound,” 1885.
Mon. At a meeting of the Chartered Mercantile Bank of India, London and China, a scheme
of reconstruction was approved, 1892.
TUBS. Great fire in Hongkong, 1859. Great typhoon at Formosa, 1861. Japanese Government
welcomed American Battleship Fleet, 1908.
WBd. Terrific typhoon at Manila; enormous damage to property, 1882. The Shanghai and
Woosung railway closed by the Chinese Government, 1877. J
Thors. H.R.H. Prince Alfred arrived at Shanghai, 1869. Cosmopolitan Dock opened, 1875.
Fri. 58 piratical vessels destroyed by Captains Hay and Wilcox, H.M. ships “Columbine” and
“Fury,” 1849. Hongkong Legislative Council voted ®l00,000 to the Prince of Wales’
National Relief Fund, 1914. Arms and ammunition consigned to India by Germans
discovered at Shanghai, 1915.
Satur. King Chulalongkorn of Siam died, 1910. Gen. Feng Yu Hsiang deserts Wu Pei-fu, takes
possession of Peking, 1924.
Sun. Japanese cross the Yalu, 1894
Treaty of Whampoa between France and China signed, 844. Kahding recaptured by
the Allies, 1862.
Chin-lien-cheng taken by the Japanese, 1894.
Serious earthquake in Central Japan, 7,500 persons killed, 1891. Attempted insurrection
at Canton, 1895. Prince Adalbert of Prussia visited Hongkong, 1904. Massacre of four-
American Missionaries and a child at Linechow, 1905. Prince Ito assassinated at Har-
bin, 1909. Hon. Mr. W. D. Barnes, Colonial Secretary of Hongkong, died suddenly
whilst playing polo, 1911. Bomb thrown in Canton, killed 37 people, 1914.
Note presented from the Powers to China advising the suspension of the monarchical
movement, 1915.
Portuguese frigate “ D. Maria II.” blown up at Macao, 1850.
Satur. Great fire in Hongkong, 1866. Fenghuang taken by the Japanese, 1894. Chinese Gove
ment welcomed American Battleship Fleet at Amoy, 1908. Great battle at it Shanhai-
kuan between Fengtien and Chihli forces, 1924.
Sun.
THE CALENDAE FOE 1926
NOVEMBER-30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
... 6h. 27m. 5h. 47m. 1924 1925
... 6h. 36m. 5h. 4(0m. Maximum 73.4 76.9
Minimum 63.8 68.6
Mean 68.2 71.9
MOON’S PHASES
BAROMETER, 1925
New Moon
First Quarter.
Full Moon
Last Quarter.
CHRONOLOGY OF REMARKABLE EVENTS
Mon. 1 26 ALL SAINTS DAY. The port of Quinhon, A imam, opened to foreign trade, 1876. Riotous dis-
turbances at Hongkong connected with the boycott of Japanese goods, 1908. Mr.
C. Ciimenti, New Governor, arrives in Hongkong, 1925.
Tues. 2 27 Wreck of the U.S. cruiser “Charleston" off North Luzon. Wireless telegraph ervice
opened between Macao and Hongkong, 1920.
'Wed. 3 28 Great Britain commenced the first war with China by the naval action of Chuen-pee, 1839.
Thurs. 4 29 Hongkong Jockey Club formed, 1884. President Tsao Run forced to resign, 1924.
Fri. 5 Great fire at Macao, 500 houses burnt, 1834. Peking evacuated by the Allies, 1860.
President Yuan Shih Kai proclaimed Kuomintang a seditious organisation and unseated
438 members of Parliament, 1913. Manchu Emperor evicted from Imperial Palace and
Abdication Agreement revised, 1924.
Satur. 6 English and French Treaties promulgated in the Peking Gazette, 1860. Indo-China
str. ‘ ‘ Tingsang ” wrecked in Hainan Straits.
Sun. 7 Fall of Tsingtao to Anglo-Japanese force, 1914.
Death of Li Hung-chang, 1901.
The French repulsed in Corea, 1866. Celebration of Queen Victoria’s Jubilee in Hongkong,
1887. Typhoon at Hongkong, 1900, H.M.S. “Sandpiper” and “ Canton City ” sunk.
Independence of Kwangtung province announced, 1911. German cruiser “Emden”
destroyed by H.M.A.S. “ Sydney ” at Cocos lsland, 1914.
Statue of Sir Arthur Kennedy unveiled in the Botanic Gardens, Hongkong, 1887. Assas-
sination of Admiral Tseng Ju-cheng at Shanghai, 1915. Coronation of Emperor
Yoshihito of Japan, 1915.
11 H.M.S. “Racehorse” wrecked off Chefooin 1864. New Chinese Tariff came into force, 1901.
Disturbances at Shanghai, following measures to prevent a plague epidemic, 1910.
Armistice arranged in Great War, 1918.
Tri. 12 Hongkong first lighted by gas, 1864. The Foreign Ministers had audience within the
Palace, Peking, 1894.
Satur. 13 Earthquake at Shanghai, 1847. Macao Boundary Delimitation Conference at Hongkong
interrupted, 1909.
Sun. 10 Convention signed between Russia and China, 1860. Celebration of Shanghai Jubilee,
1893. Germans took possession of Kiaochau Bay, 1897. Death of the Chinese Emperor
Kwnng Hsu, 1908. Armistice celebrations in Hongkong, 1918.
Mon. 15 11 H.M. gunboat “Gnat” lost on the Palawan, 1868. Opening of Canton-Fatshan Rail-
way, 1903. Death of the Chinese Empress Dowager Tze Au, 1908.
Toes. 16 12 Shanghai opened to foreign commerce, 1843. Celebration of Shanghai Jubilee, 1893.
Wed. 17 13 Great fire in Hongkong,1867. First section Shanghai-Nanking railway to Naziang opened.
General strike of printers commenced in Hongkong, 1911.
Thure. 18 14 Important Harbour Improvement works at Macao announced, involving an expenditure
of over 810,000,000,1920.
-Fri. 19 15 Terrific gunpowder explosion at Amoy; upwards of 800 houses destroyed and several
hundred lives lost, 1887. Jesuit fathers expelled from Macao, 1910. Hongkong, Canton
and Macao Steamboat Co.’s s.s. “ Sui An” pirated on her way from Macao to Hongkong
Sat. by 60 pirates, who had gone aboard as passengers, 1922.
Sun. Portuguese Custom House at Macao closed, 1845. Lord Elgin died, 1863.
Port Arthur taken by the Japanese, 1894. Departure of Governor Sir Henry Blake from
Mon. Hongkong, 1903. Rebels repulsed at Hankow', 1911.
Terrible boiler explosion on board the str. “ Yesso” in H.K. harbour, 86 lives lost, 1877.
Resignation en bloc of unofficial members of Hongkong Incensing Board as aprotest against
the action of the Executive in restoring the licences of the Peak and Grand Hotels, 1916.
Wed*’ Chinese commenced boycott of trams in Hongkong which lasted seven weeks, 1912.
Death of the Hon. Mr. E. A. Hewlett, C.M.G., member of the Executive and Legislative
Councils of Hongkong, 1915. Marshal Tuan Chi Jui assumes office as Chief Executive
of China, 1924.
25 21 Capture of Anping, Formosa, 1868. Treaty between Portugal and China signed, 1871,
Imperial Diet of Japan met for the first time, 1890. Terrible floods in Chihli; Hong-
kong voted 8100,000 towards relief of distress, 1916.
Fri. 26 22 Edict issued by the Viceroy of Canton forbidding trade with British ships, 1839.
.Satur. 27 23 M. Thiers accepts the apology of Ch’ungHow, the Chinese Ambassador, for the murder
of the French at Tientsin (June 21st, 1870), 1871.
ADVENT SUNDAY. Foreign factories burnt at Canton, 1856. Great fire in Hongkong,
1867. Blake Pier, Hongkong, opened, 1900.
Mon. 29 25 Opening of the Japanese Diet at Tokyo by the Emperor in person, 1890. Revolt of
troops at Macao, 1910,
26 ST. ANDREW’S DAY. St. Joseph’s Church, Hongkong, consecrated, 1872. The Japanese
cruiser “ Chishima Kan ” sunk in collision with the P. & O. steamer “Ravenna" in
the Inland Sea, 61 lives lost, 1892. Armistice arranged between Chinese Revolutionists
and Imperialists, 1911. Manchu Emperor seeks sanctuary in Japanese Legation, 1924.
THE CALENDAR FOR 1926
DECEMBER-31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 6b. 46m. 5h. 38m. 1924 1925
15th 6h. 55m. 5h. 41m. Maximum 67.4 68.3
31st 7h. 03m. 5h. 49m. Minimum 57.4 58.3
Mean ... 61.9 62.9
MOON’S PHASES
d. h. BAROMETER, 1925
New Moon ... 5 2 Mean 30.220
First Quarter... 12 2
Full Moon ... 19 2 1924 RAINFALL 1925
Last Quarter ... 27 12 0.710 inches 0.225 inches
DAYS OF j DAYS OF 10 & 11
WEEK | MONTH MOONS CHRONOLOGY REMARKABLE EVENTS
Wed. 27 Queen Alexandra born, 1844.
Thurs. 2 28 Large public meeting at City Hall, Hongkong, approves of new Club for joint use of;
civilans, and services under Y.M.C.A. management, as the main War Memorial of the-
Colony, 1920, Scheme dropped later.
Fri. 3 S. Francis Xavier died on Sanchoan, 1552.
Satur. 4 First census of Hongkong taken, population 15,000,1841.
Sun. 1 2ND IN ADVENT. Six foreigners killed at Wang-chuh-ki, 1847. Soochow re-taken by che
Imperialists under General Gordon, 1863. The Japanese warship “TJnebi-kan" left
Singapore and not heard of again, 1886.
Mon.
Tues. 3 European factories at Canton destroyed by a mob, 1842. Foundation-stone of new
Portuguese Club in Duddell Street, Hongkong, laid by H.E. The Governor of Macao,.
Wed.
9 5 Ningpo captured by the Taipings, 1861. Consecration of new Pei-tang Cathedral, Peking,
1888. Piratical attack on Portuguese str. “American,’ near Macao, the captain being,
killed, 1913.
Piracy on board the Douglas str. “Namoa,” five hours after leaving Hongkong.
Captain Pocock and three others murdered and several seriously wounded, 1890.
Arrival in Hongkong of Governor Sir William Robinson, 1891. Formal transfer of
administration of former leased territory of Kiaochow by Japan to China, 1922.
Satur. 11 7 Indemnity paid by Prince of Satsuma, 1803. Admiral Bell, U.S.N., drowned at Osaka,
1867.
Sun. 12 8 3RD IN ADVENT. Imperial Decree stating that the Foreign Ministers at Peking are to
be received in audience every New Year, 1890.
Eon. 13 | 9 French flag hauled down from the Consulate at Canton by Chinese, 1832. First
reception of foreign ladies by the Empress Dowager of China, 1898. President
Yuan Shih-kai invited to ascend the Dragon Throne of China by a unanimous
vote of the provincial delegates at Peking, 1915.
10
WeA' 11 All Roman Catholic Priests (not Portuguese) expelled from Macao, 1838. Hongkong Prize-
Court condemned German steamer “ Tannenfels,” seized as a prize by the destroyer
“ Ohelmer,” 1914.
Thurs. 16 12 Memorial Stone of New Harbour of Refuge at Mongkoktsui laid by H.E. Sir Henry
May, 1915.
Fri. 17 IS United States District Court for China opened at Shanghai, 1906. Sir W. Des Voeux,
formerly Governor of Hongkong, died, 1909. H.E.SirR.E.StubbsinspectsHong-
1919^ Defence Corps on its last parade, 1919. Coastal shipping strike at Hongkong,
Satur. Sir Hugh Gough and the Eastern Expedition left China, 1842.
Sun. 4TII IN ADVENT.
Mon. Arrival of Princes Albert Victor and George of Wales at Hongkong in the “ Bacchante,”
1881. Two cotton mills destroyed by Are at Osaka, 120 persons burnt to death,
1893. Tuan Fane murdered, 1911.
Tues. Steam navigation first attempted, 1736.
Wed. Two Mandarins arrived at Macao with secret orders to watch the movements of
Plenipotentiary Elliot, 1836.
Sir Henry May, of Hongkong, appointed Governor of Fiji, 1910. One million dollars
worth of forged Chinese banknotes seized in Hongkong, 1912. President Yuan Shih-
kai performed the Worship of Heaven, 1914.
Fri. British Consulate at Shanghai destroyed by fire, 1870.
Satur. CHRISTMAS DAY. Great fire in Hongkong, 368 houses destroyed, immense destruction
of property, 1878.
Sun. BANK HOLIDAY. ST. STEPHEN. Great fire at Tokyo, 11,000 houses destroyed, 26
lives lost, )897.
Mon. BOXING DAY. Dedication of Hongkong Masonic Hall, 1865.
Tues. Canton bombarded by Allied forces of Great Britain and France, 1857. S S. “Hy-
drangea” pirated by passengers in Bias Bay on her way from Hongkong to Swatow,
Wed.
Thurs.
Fri. Dr. Sun Yat Sen elected Provisional President of the Republic of China, 1911.
FESTIVALS AND OBSERVANCES IN 1926 xix-
Slight Cold.
21 Great Cold.
Feb. Beginning of Spring.
5 Worship of the god of the hearth at nightfall.
6 The god of the hearth reports to heaven.
13 Chinese New Year’s Day.
19 Coming of Rain.
26 Feast of Lanterns, FMe of Shang-yuen, ruler of heaven.
Mar. Excited Insects.
15 Mencius born, B.C. 371. Fete of the gods of land.
16 F§te of the god of literature, worshipped by students.
21 Vernal Equinox.
26 FSte day of Hung-shing, god of the Canton river, powerful to preserve-
people from drowning, and for sending rain in times of drought.
Apr. F6te of Kwanyin, goddess of mercy.
5 Tsing-ming or Tomb Festival; on this day people worship at their
ancestors’ graves.
14 Fete of Hiuen T’ien Shang-ti, the supreme ruler of the sombre heavens
and of Peh-te, Tauist god of the North Pole.
21 Corn Rain.
May FMe of Tien Heu, Queen of Heaven, Holy mother, goddess of sailors.
6 Beginning of Summer.
22 Small Fullness.
28 Fete of Kin Hwa, the Cantonese goddess of parturition.
Sprouting Seeds.
14 National fete day. Dragon boat festival and boat races.
22 Summer Solstice. National fete of the son of Kwan Ti, god of war.
24 Anniversary of the Formation of Heaven and Earth.
July Slight Heat.
23 Great Heat.
28 Fete of the Goddess of Mercy.
Aug.: Fete of Kwan Ti, god of war.
8 Beginning of Autumn. 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 pur-
gatory, 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 combined with these ceremonies
which are enlivened by music and fireworks.
14 Fete of the seven goddesses of the Pleiades, worshipped by women.
22 Fete of Chung Yuen, god of the element earth.
24 Heat Abating.
29 Feite of the god of wealth.
Sept, e FSte of Ti Ts’ang-wang, the patron of departed spirits.
8 White Dew.
21 National fete day. Worship of the moon, and Feast of Lanterns.
24 Autumnal Equinox.
Oct. 1 Fete of the god of the Sun.
3 Fete of Confucius (born 552 B.C.), the founder of Chinese ethics and politics.
9 Cold Dew.
15 Chung Yang Festival, kite-flying day; people on this day worship at their
ancestors’ graves and ascend mountains for pleasure.
24 Frost Descent.
Nov. 3 Fete day of Hwa Kwang, the god of fire.
8 Beginning of Winter.
19 F§te day of Ha Yuen, the god of water.
23 ■{light Snow,
Dec. 8 deavy Snow,
22 Solstice.
XX. PETROLEUM REFINERS
“SHELL” MOTOR SPIRIT • -
“SHELL” AVIATION SPIRIT •
SHELL MOTOR LUBRICATING OIL
KEROSENE for ALL PURPOSES - . Obtainable Everywhere
FUEL OIL for ftLL PURPOSES •
CANDLES, LUBRICATING OILS -
PARAFFIN WAX, etc., etc. - -
Oil Fuel for Motor Ships, Steamers’ Bunkers and Industrial Purposes at:-
Cebu , i Las Palmas tt Palembang u, San Pedro
a Adelaide a Colombo i Leghorn b Palermo Santos
Alexandria Colon (Pan.Canal) ( Lisbon a Pangkalan a Seattle
a Amsterdam b Copenhagen i Liverpool Berandan (\Vashington)
Antofagasta a Curacao X London( Shell Ha- u Penang Shanghai
b Antwerp t en and Thames t Singapore
a Aomori Haven) a Pernambuco a Sourabaya
a Avonmouth Gibraltar i Macassar a Piraeus a Southampton
Balboa (Panama Glasgow ( Madras a Portishead b Stockholm
Canal) b Gothenburg ■i Mahno a Portland (Oregon)
c Balik Pappan b Granton Malta Port Said b Svolvaer
a Bangkok a Hamburg i Manila a Port Sudan a Sydney
a Barcelona a Hankow :i Maracaibo a Puerto Mexico
Barrow Havana (Venezuela) a Pulo Bukom
a Barton (Manches- i Marseilles a Puloe Samboe Tocopilla
ter Ship Canal) a Hongkong i Melbourne « Rio de Janeiro
a Batavia a Hull t Miri a Rotterdam a Trinidad
b Bergen :i Mombasa a Tuxpan
a Bilboa Iloilo Montevideo a Sabang a Vado
a Boelebaai Ceram Iquique Montreal a Saigon Valparaiso
a Bombay a Jarrow-on-Tyne i Nagasaki St. Nazaire Vancouver
Buenos Ayres a Karachi i Naples St. Vincent Calcutta a Kobe * New Orleans a Saitozaki Vera Cruz
a Canton La Guayra New York a San Francisco a Yokohama
a Cape Town (Venezuela) b Oslo a San Juan (Porto Rico)
a Diesel Oil as well as Fuel Oil available. ' b Diesel Oil only available.
AND A NEW STATION IS EXPECTED TO BE HEADY SHORTLY AT FREMANTLE.
Asiatic Petroleum Co., Ltd.
CHINA, STRAITS, SIAIfl, INDIA,
PHILIPPINES
Rising Sun Petroleum Co., Ltd.,
JAPAN AND FORmOSA
PETROLEUM REFINERS xxi
SOCONY
PETROLEUM PRODUCTS.
GASOLINE
MOTOR OILS
ILLUMINATING OILS
LUBRICATING OILS
AND GREASES
CRUDE AND REFINED
WAXES
HOUSEHOLD SPECIALTIES
BUNKER FUEL
DIESEL OIL
ASPHALTUMS
STOVES AND LAMPS
CALOL
“Refined up to a Standard
Not Down to a Price ”
Standard Oil Co., of New York.
xxii BANKS
BHRQU6 D€
Paris ec oes Pajs-Bas
Established 1872,
CAPITAL (Fully Paid) - Frs. 200,000,000
RESERVE FUNDS - - Frs. 169,000,000
(On December 31st, 1924)
HEAD OFFICE: 3, Rue d’Antin, PARIS
Travellers’ Office: 88, Champs Elysees, PARIS
BRANCHES:
AMSTERDAM, ROTTERDAM, BRUSSELS, GENEVA
Correspondents in all parts of the World
EVERY DESCRIPTION OF BANKING BUSINESS TRANSACTED
Telegraphic Address: “PARIBAS”
(For Head Office and Branches)
BANKS xxiii
Banqce Franco-Chinoise
Pour le Commerce et (’Industrie
formerly called
“Societe Francaise de Gerance de la Banque Industrielle de Chine,”
Subscribed Capital (entirely paid up) Frs. 20,000,000
Surplus and Reserves Frs. 11,600,000
Working Capital (Provided by Banque Industrielle de Chine) Frs. 50,000,000
Board of Directors:
Chairman:—G. GRIOLET, Chairman, Banque de Paris and des Pays-Bas.
G. ARGELLIES. E, MENETRIER, Manufacturer.
R.Nationals
J. AUDAP, Manager, E. OUDOT, Manager, Banque de Paris
de Credit, Paris. Banque L. &PISSARD,
des Pays-Bas.
FarmerOffice,
Permanent
J. Paris
CHEVALIER, Manager,
and des Pays-Bas. Banque de Secretary, Home Paris.Assistant
A.M. FURST, Banker, Paris. E. d’Algerie
REGNAULT, Director, Credit Foncier
CASENAVE, Minister Plenipotentiary. R. SALLES. et de Tunisie, Paris.
M. E.
H.QAISEGRAMMONT,
POIRIER, Manufacturer,
Director,POUR
Banque Saigon.
Fran- TAILegation,
MING FOU, First Secretary, Chinese
& ITALIENNE L’AmeRIQUE Brussels.
DU SUD. E. OGIER, Former State Minister.
A. DE CELLES, Representative of the French Government.
G. CARRERE, General Manager.
Branches
CANTON HANOI MARSEILLES SAIGON
HAIPHONG HONGKONG PARIS SHANGHAI
HANKOW LYONS PEKING TIENTSIN
HEAD OFFICE Paris : 74, rue Saint-Lazare.
LONDON Representative:—!, Broad Street Place, E.C, 2.
Bankers:
France:
Banque de Paris & des Pays-Bas. | Banque Nation ale de Credit.
Societe Generale pour Favoriser le Commerce & l’Industrie,
London:
Midland Bank, Ltd. (Overseas Branch). 1 Banca Commerciale Italian a.
Lloyds Bank, Ltd. (Colonial & Foreign Dept.).
New York :
Irving Bank Columbia Trust Co. | Banca Commerciale Italiana.
Manufacturers Trust Co.
Correspondents Throughout the World.
xxiv BANKS
Hongkong and Shanghai Banking Corporation.
AUTHORISED
PAID-UP CAPITAL CAPITAL $50,000,000
$20,000,000
RESERVE FUNDS:—
STERLING £4,500,000
SILVER
RESERVE LIABILITY OF PROPRIETORS $27,000,000 $20,000,000
COURT OF DIRECTORS:
CHAIRMAN—D. G. M. BERNARD, Esq.
W. H.A. H.BELL, Esq. DEPUTY
COMPTON, Esq.
CHAIRMAN—Hon. Mk. A. O. LANG.
J. A.T.PLDMMER,
G. H.WEP.ALL,Esq.
Esq. Esq.
Hon.W.Mb,L. P.PATTENDEN,
H. HOLYOAK.Esq. WHITE,
G. M. YOUNG, Esq.
BRANCHES, AGENCIES AND SUB-AGENCIES:
AMOY
BANGKOK HONGKONG PENANG
BATAVIA ILOILO
IPOH RANGOON
SAIGON
BOMBAY
CALCCTTA JOHORE SAN FRANCISCO
CANTON KOBE LUMPUR
KUALA SHANGHAI
Do. (HONGKEW)
CHEFOO
COLOMBO LONDON
LYONS SINGAPORE
BALEEN MALACCA SOURABAYA
SCJNGEI
FOOCHOW
HAIPHONG MANILA
NAGASAKI TIENTSINPATANI
TOKYO
HANKOW
HARBIN NEW YORK TSINGTAU
PEKING YOKOHAMA
CHIEF MANAGER: Hongkong—A. H. BARLOW.
MANAGER: Shanghai—G. H. STITT.
LONDON OFFICE—9, GRACECHURCH STREET.
LONDON BANKERS:
WESTMINSTER BANK, LIMITED.
interest Allowed
On Current Deposit Accounts at the rate of 2 per cent, per annum on »
the daily balance.
On Fixed Deposits:—
Rates may be ascertained on application.
LOCAL BILLS DISCOUNTED.
Credits granted on approved Securities, and every description of Banking and b
.Exchange business transacted.
Drafts granted on London and the chief commercial places in Europe, India, L
Australia, America, China, and Japan.
A. H. BARLOW,
Hongkong, February, 1926. C/iief Manager.
BANKS XXV
Chartered Bank of India, Australia and China
Head Office: —38, BISHOPSGATE, LONDON.
INCORPORATED BY ROYAL CHARTER.
PAID-UP CAPITAL £3,000,000
RESERVE FUND £4,000,000
Court of Directors
Sir MONTAGU CORNISH TURNER, Rt. Hon. Lord G. HAMILTON, g.c.s.i.
Chairman. ARCHIBALD AULDJO JAMIESON,Esq.
HENRY BATESON, Esq.
COLIN FREDERICK CAMPBELL, Esq. EDWARD FAIRBAIRN MACKAY, Esq.
Wm. FOOT MITCHELL, Esq., m.p.
THOMAS CUTHBERTSON, Esq. LEWIS A. WALLACE, Esq.
Sir Wm. H. NEVILLE GOSCHEN, k.b.e.
Cbiet manager
W. E. PRESTON
J. S. BRUCE
Sub-manager
J. L. CROCKATT
1). C. WILSON, f.c.a. I H. C. K. STILEMAN, f.c.a.
Bankers
The Bank of England
The Midland Bank, Limited
The Westminster Bank, Limited
The National Provincial Bank, Limited
The National Bank of Scotland, Limited
Agencies and Branches
Alor Star Haiphong Madras
Manila Shanghai
Amritsar Hamburg Medan Singapore
Bangkok Hankow New SOURABAYA
Batavia
Bombay Hongkong
Iloilo PekingYork Taiping (F.M.S.)
Tavoy
Calcutta Ipoh Penang
Puket Tientsin
Canton
Cawnpore Karachi Rangoon Tokyo
Cebu Klang
Kobe Saigon Tsingtau
Colombo Kuala Lumpur Semarang Yokohama
Delhi Kuching (Sarawak) Seremban Zamboanga
Correspondents in the Chief Commercial places in
Europe, Asia, Africa, Australia and America
3, Queen’s Ed., Hongkong, 1st Jan., 1926. A. H. FERGUSON, Manager, Hongkong.
xxvi BANKS
THE
Mercantile rank ^
of jndia. Limited.
Authorised Capital £3,000,000
Paid-up £1,050,000
Reserve Fund and Undivided Profits ...£1,458,221
HEAD OFFICE: 15, CRACECHURCH ST., LONDON, E.C. 3.
BANKERS:
The Bank of England. Midland Bank, Ltd.
BRANCHES :
BANGKOK HOWEAK PENANG
BATAVIA KANDY PORT LOUIS (Mauritius) j
BOMBAY KARACHI RANGOON
CALCUTTA KOTA BHARU SHANGHAI
COLOMBO KUALA LUMPUR SIMLA
DELHI
GALLE MADRAS SINGAPORE
HONGKONG NEW YORK SOURABAYA
HONGKONG BRANCH.
Every description of Banking and Exchange business transacted.
INTEREST allowed on Current Accounts at 2 per cent,
per annum on the Daily Balances and on Eixed Deposits at rates that
may be ascertained on application.
Telegraphic Address: “PARADISE.”
J. B. BOSS,
' Hongkong, ist January, 1926. Acting Manager.
banks xxvii
Capital & Surplus ... U.S. $10,000,000
(Owned by THE NATIONAL CITY BANK OF NEW YORK)
HEAD OFFICE: 60, Wall Street, NEW YORK.
BRANCHES:—
LONDON :—36, Bishopsgate, E.C. JAYA: —Batavia.
SAN TTCANCISCO 232, Montgomery INDIA :—Bombay, Calcutta, Rangoon.
Street. PANAMA:—Colon, Panama.
“CHINA :—Canton. Dairen, Hankow, PHILIPPINE ISLANDSCebu,
Harbin, Hongkong, Peking, Shang- Manila.
hai, Tientsin. SPAIN Bareelona, Madrid.
JAPAN:—Kobe, Osaka, Yokohama, 1j STRAITS SETTLEMENTS
Tokyo. Singapore.
BRANCHES OF THE NATIONAL CITY BANK OF NEW YORK
ARGENTINA:—Buenos Aires, Rosario. ENGLAND:—London (City Branch),
BELGIUM:—Antwerp, Brussels. (West End Branch).
BRAZIL:—Pernambuco, Rio de Janeiro, FRANCE :—Paris (National City Bank
Santos, Sao Paulo. of New York, France) S.A.
CHILE :—Santiago, Valparaiso.
CUBA:—Havana and all principal Cities ITALY :—Genoa, Milan.
on the Island. PERU:—Lima.
DOMINICAN REPUBLIC Puerto PORTO RICO:—San Juan.
Plata, San Pedro de Macoris,
Sanchez, Santo Domingo, Barahona, URUGUAY:—Montevideo.
San Francisco de Macoris, Santiago VENEZUELA:- Car acas.
de los Caballeros, La Vega.
All descriptions of Banking Business transacted.
Interest allowed on Current and Savings Accounts and Fixed Deposits in
Local or Foreign Currencies at rates to be ascertained on application.
GEORGE HOGG,
■9. Queen’s Road Central, Manager.
Hongkong, January, 1926.
xxviii BANKS
*T fS » *
Bank of Taiwan, Limited.
(TAIWAN GINKO).
Incorporated by Special Imperial Charter, 1899.
CAPITAL, SUBSCRIBED Yen 45,000,000
CAPITAL, PAID-UP ,, 39,375,000
HEAD OFFICE:
TAIPEH, FORMOSA.
BRANCHES:
Japan—Kobe, Osaka, Tokyo, Yokohama.
Formosa—Heitoh, Giran, Kagi, Karenkoh, Keelung,
Makung, Shinchiku, Taichu, Tainan, Takow.
Tamsui, Tohyen, Ilanto, Taitoh.
China—Amoy, Canton, Foochow, Hankow, Shanghai,
Swatow.
Others—Hongkong, London, Hew York, Singapore,
Soerabaya, Samarang, Bombay. Batavia,
Calcutta.
LONDON BANKERS:
Westminster Bank, Ltd. Lloyd’s Bank, Ltd.
Barclay’s Bank, Ltd. Midland Bank, Ltd.
The Bank has Correspondents in the Commercial centres of
Russia, Manchuria, Indo-China, India, Philippine Islands, Java,
Australia, America, South Africa and elsewhere.
HONGKONG OFFICE:
Prince’s Building, 3, Des Vceux Road Central.
T. TAKAGI, Manager. K, NAGURA, Sub-manager. Y. MURAKAMI, Per pro. Manager^
BANKS xxix
The Bank of Canton,
Limited.
Head OfficeHONGKONG.
Authorized Capital ;£i,200,000
Capital Paid Up ^1,081,875
Silver Reserve Fund Hongkong $700,000
Branches:
NEW YORK, SAN FRANCISCO, SHANGHAI, CANTON,
BANGKOK, HANKOW, SWATOW.
Correspondents:
LONDON, PARIS, YOKOHAMA, KOBE, CALCUTTA, BOMBAY, COLOMBO,
SINGAPORE, PENANG, BATAVIA, SEMARANG, Etc., Etc.
London Bankers : —THE LLOYDS BANK, LIMITED.
FOREIGN EXCHANGE and General Banking Business transacted.
Interest allowed on Deposits at rate which may be quoted on application.
LOOK POOIMO SHAIM, Chief Manager.
The Shamai CdumciAi k Satiis Bam, Ltd.
Established 1915.
Member of the Shanghai Bankers’ Association.
Paid Up Capital $2,500,000.00
Reserve Funds ... $580,000.00
Head OfficeBranch
Hongkew 15,9, Nnsroro Road, Shanghai.
North Szechuen Road, Shanghai.
Bailway Station Branch
Travel Department 206,
97, Boundary Road, Shanghai.
Szechuen Road, Shanghai.
Banking of every description. Current accounts in local and foreign currencies.
Savings
of credit.andLoans
fixedondeposit accounts.
approved Domestic and
securities. foreign
boxes.exchange. Circular letters
Travellers’ cheques in Chinese Dollars, Safe
Poundsdeposit
Sterlings and Gold Dollars.
Branches in:—
Changchow
Changsha Hangchow
Hankow Nantungchow Tientsin
Chefoo Linhweikwan Pengfu Peking Tsinanfu
Chinkiang Nanking Soochow Wusih
Hongkong Correspondent -Bank of China.
Correspondents
The toTravel all over China
Departmentof issues and in all principal foreign countries.
railway and steamer tickets at tariff rates and
attends all requirements travellers.
Telegraphic Address: COMSAVBANK.
Telephone Number for all Shanghai Offices: Central 8050.
K. P. CHEN, General Manager.
XXX BANK AND SHIPPING
HONGKONG SAYINGS BANK.
The Business of the above Bank is conducted by the
HONGKONG AND SHANGHAI BANKING CORPORATION.
Buies may be obtained on application.
INTEREST on Deposits is allowed at 3| Pee Cent, per annum
on the minimum monthly balances.
Depositors may transfer at their option balances of $100 or more to the Hongkong |
and Shanghai Bank, to be placed on FIXED DEPOSIT at current rates, j
For the Hongkong and Shanghai Banking Corporation,
A. H. BARLOW,
Hongkong, February, 1926. Chef Manager.
GLEN and SHIRE
JOINT SERVICE OF STEAMERS :|
DIRECT TO
STRAITS, CHINA & JAPAN
FROM
MIDDLESBORO, IMMINGHAM, ANTWERP AND LONDON.
Taking Cargo at Through Rates to All Ports in the Far East.
For Passage and Inward Freight, Apply to:—
GLEN LINE, LIMITED, 20, Billiter Street, E.C. 3.
Telephone: Avenue 457-8. Telegrams: "MACGREGOR."
For Outward Freight or Insurance, Apply to the Brokers:—
mcgregor, gow & Holland, ltd., 20, Bmiter street, e.c. 3.
Tel. No. 8560 Avenue (7 lines). Telegrams: "EASTWARDLY, LONDON.”
And at Manchester, Hull, Immingham, Liverpool, Southampton,
Cardiff, Bradford.
SHIPPING
P, & 0,, B. I., APCAR
AND
EASTERN & AUSTRALIAN LINES
Companies incorporated in England.
ROUND THE WORLD TOURS. CIRCULAR TICKETS via SUEZ.
DIRECT STEAMERS JAPAN, CHINA, AUSTRALIA.
MAIL and PASSENGER SERVICES
(Under Contract with H.M. Government)
TO
Shanghai, Japan, Straits, Java, Burma, Ceylon,
India, Persian Gulf, West Indies, Mauritius,
East and South Africa, Australia, New
Zealand, Egypt, Europe, etc.
For full Information, Passage Fares, Freight, Handbooks,
Dates of Sailing, etc., apply to
MACKINNON, MACKENZIE & CO.,
Telephone No. 19. Agents.
B
xxxii SHIPPING
THE BLUE FUNNEL LINE
ALFRED HOLT & CO., LIVERPOOL.
Monthly Service of Fast Steamers carrying First
Class Passengers only between
UniTED KINGDOM, STRAITS and CHINA.
ROUND THE WORLD TOURS.
Regular and frequent services of fast cargo steamers carrying a
limited number of First Class passengers at very reduced rates
connect Japan. China, Manila, Jaya and the Straits with the
United Kingdom and Continent, New York via Suez and Panama,
and the Pacific Ports of North America.
Also between
United Kingdom, South Africa 8c Australia.
For Full Particulars Apply:—
Messrs. BUTTERFIELD k SWIRE, i>r.Se,k"fLS^i
Messrs. MANSFIELD k Co., Ltd., {Pe^fP^
SHIPPING
|nW=C|tira Steam ftatrigation (iTo., I
Fleet42 Steamers. 109,769 Gross Tons.
TheKnmsang,
Company’s Ocean
Namsang, Laisang, and Coasting
Mausang, Suisang, FleetSteamers:
Yuensang, Kutsang, Hinsang,
Fooksang, Lienshing, Hosang,
Chaksang,
Cheongshing,Kwaisang,
Chipshing,Kivongsang,
Kingsing,Fooshing, Yatshing,
Tungshing, Tingsang,
Waishing, Yusang,Fausang,
LeesangHopsang, Hangsang,
and Mingsarig.
TheLuenho,
Company’s Yangtsze
Suiivo. Pingwo, River Fleet:—steamers:
Kutwo, Kiangwo, Kungwo,Kingvo,
Tungwo, Chart gwo, Fuhwo, Loongwo,Kiawo
Tuckwo,
and
SERVICES.
Sell
i From SHANGHAI To HANKOW and F
Jardine, Matheson & Co., Limited,
General Managers, Hongkong and Shanghai.
SjHIPPING
Douglas Steamship Companpt C«i
HONGKONG AND SOUTH CHINA COAST-PORT SERVICE.
Regular Service of Fast, High-Class Coast Steamers, having good
accommodation for First-Class Passengers, Electric Light |
and Fans in State-rooms. Arrivals and Departures from
the Company’s Wharf (near Blake Pier).
Sailing to Swatow, Amoy and Foochow on Tuesdays and Fridays.
Round trip to Foochow, calling at Swatow and Amoy,
occupies about eight to nine days. Stay of Steamers at
Swatow and Amoy on upward and downward trip about
8 hours. Stay at Foochow 48 hours.
Round Trip Tickets will be issued from Hongkong to Foochow
(Pagoda Anchorage) and Return by the same steamer at
the reduced Rate of S80 00 including Meals while the
steamer is in port.
ruc.it 1 %jr o I cAmcfto
“H AIMING” Tons 2,300
“ HAIYANG ” „ 2,289
“ HAICHING ”, „ 2,080
“ HAIHONG ” „ 2,067
“ HAIFOONG ” „ 1,881
For Freight and Passage apply to:—
DOUGLAS LAPRA1K & Co.,
General Managers,
20, Des Voeux Road Central. Hongkong.
Agents at Coast Ports:—
At Amoy—Messrs. DOUGLAS LAPRAiK & Co.
At Swatow and Foochow—Messrs. JARDINE, MATHESON & Co., Ltd.
RAILWAYS, ENGINEERS AND GENERAL MERCHANTS XXXV
Cbincse Gooernment Railiuaps.
PEKING -MSN fCOW LINE.
“THE ROAD THROUGH THE HEART OF CHINA.”
rpHE PEKING-HANKOW LINE, the most important section of China’s overland
JL route, enables Tourists and Travellers to get a glimpse of Old China, the Train
passing through magnificent scenery, traversing the great plains of Chihli, the central
portion of Honan and the mountainous regions of the Eastern Hupeh Province.
The Peking-Hankow route joins at Fengtai the main line of Peking-Mukden
Railway, by means of which this line is connected with the railways in Manchuria,
Korea, Japan and Siberia. While steamer facilities at Hankow bring it into easy
communications with the Yangtsze River Ports and Shanghai.
From the Capital to Hankow the journey is about 30 hours by the Bi-weekly
“ Express ” Through Train which is provided with up-to-date Sleeping and Dining
accommodation.
For Particulars, Pamphlets, Reservations, Tickets, etc., apply to the “ Informa-
tion Bureau ” at Peking Head Office.
Telegraphic Address: “KINHAN.” Code: A.B.C. 5th Edition. Telephone East858.
W. GILBERTSON & Co., Ltd., PONTARDAWE, Nr. SWANSEA.
London Address; Bush House, Ahlwych W.C. 2.
*T §, m Kai Chong Hong
KAI CHONG © CO.,
GENERAL MERCHANTS AND COMMISSION AGENTS, PHOTOGRAPHIC
GOODS AND SPORTING GOODS DEALERS.
13, Avenida Almeida Ribeiro, MACAO.
P.O. Box 36. Tel. Ad: “CHAT” Codes: Bentley’s, A.B.C. 5th Edn.
TSOI HAK TING, Proprietor. WING KWONG CHAI, Manager and Propriety.
HO KWOK PUL HO WAI KUI. YUNG SING TAK.
Sole Agents JAEGER & KIESSLICH, BERLIN, GERMANY.
xxxvi CEMENT MANUFACTURERS
10-CM PORTLAND CEMENT CO., LTD.
Telegraphic
Telephone : Address:
No. 66. “CIPORTIN
HAIPHONG.”
English
A.B.C. Code
5th & 6th French
Editions, A. Z. Code
Bentley’s 3rd Edition.
General Agents:
COCHIN-CHINA, CAMBODGE and LAOS: DESCOURS & CABAUD.
North China: South China:
RACINE & Co. A, L. ALVES & Co.
Philippine Singapore:
Islands: DUPIRE
SMITH, BELL & BROTHERS.
Co., Ltd.
Netherlands
Siam : India:
Les Successeurs HANDELS-
de E. C. MONOD VEREENIGING
& Co. “ ROTTERDAM.”
USE DRAGON BRAND
FOR HIGH-CLASS, SOUP AND ENDURING CONSTRUCTICN
BREWERIES xxxvii
ASAHI = BEER
DAI NIPPON Most
BREWERY Col • Popular
And
Capital: Y.12,000,000 Most
Annual Output:
Gall. 15,000,000 Widely
Breweries: Consumed
AZUMABASH 1, - In The
TOKYO.
MEGURO, - - -
TOKYO. Orient
HODOGAYA, -
XEAK YOKOHAMA.
SUITA, - - - .
OSAKA. MITSUI
SAPPORO, - -
HOKKAIDO. BUSSAN
TSINGTAO, - -
CHINA. KAiSHA,
LIMITED.
Head Office:
GINZA,
TOKYO, JAPAN SOLK AGENTS
Branches: FOR
OSAKA - - - - CHINA,
SAPPORO - - - O RIENTAL I
SEOUL - - . - COLONIES, I
SHANGHAI - - and inoia:
BOOKSELLERS AND PUBLISHERS
MAKUZEN 60., ITS,
11-16, Nihonbashi Tori Sanchome, TOKYO.
TELEPHONES:-Nos. 28, 40, 42, 260, 1460-4, 1876, 3977-8 & 5300 Ote.
BRANCHES. BRANCHES.
STATIOIERS, 1M001IS KYOTO
Sanjodori,
aid mmmi Fuyacho-IMishi-
Kanda Omote- e-iru.
jimbocho
(Surugadai- The Largest and Oldest NAGOYA-
shita). Publishers and Importers of Nakaku,
Foreign Books and Periodi- Sakaemachi
Shiba Mita cals in the East. Rokuchome.
Nichome. The Largest and Oldest YOKOHAMA
Maru-No-Uchi— Importers of Foreign Station- Bentendori
Marunouchi ery,
East.
Dry-Goods, etc., in the Nichome.
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Marunouchi. The Largest Ink Manu- FUKUOKA—
facturers in the East. Hakata,
Kami-Nishi-
OSAKA- Agents for the Far East machi.
Higashiku, of ’Leading Publishers,
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All Books supplied in any Langu-
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Akashicho Kitahachijo
Write us; we can get you any book Nishi
31 Ban. published in the world. Yonchome.
MERCHANTS xxxix
flrculli Brothers,
MERCHANTS and COMMISSION AGENTS,
64, QUEEN’S ROAD CENTRAL, HONGKONG.
Telegraphic Address: “CURLY.” Telephone No. 409.
SOLE AGENTS
SEAMING TWINES of Messrs. Linificio & Canapificio
Nazionale of Milan, Italy.
“ACORN BRAND” ELASTIC BOOT WEB and BOOT
LOOPING of Messrs. Flint, Pettit & Flint, of
Leicester, England.
“ The Largest Department Store in China."
The WING ON Co
(SHSHGHSI), LIMITED.
Hanking and Chekiang Roads, SHAHGHSI.
P.O. Box 567. Codes Used :
A.B.C. Codes 5th & 6th editions,.
Cable Address: Bentley’s Complete Phrase,
“WINGON.” Western Union.
Managing Director Mr. J. G. LOCK
Managing Director Mr. KWOK BEW
General Manager Mr. F. T. YOUNG
Sub-manager Mr. MA JOE SING
Proprietors, of
The Great Eastern Hotel.
xl COAL MERCHANTS
HAIRING COALS
THE KAILAN MINING ADMINISTRATION
GENERAL MANAGERS FOR
THE YAO HUA MECHANICAL GLASS Co., Ltd.
Head Office : TIENTSIN, North China.
AGENCIES:
SHANGHAI K.M.A., 12, The Bund. SWATOW T. Carr Ramsey.
PEKING —K.M.A., 3, Hsi Tangtse Hutung. CHEFOO Cornabe, Eckford fit Co.
HONGKONG Bodwell&Co., Ltd. DAIREN Cornabe, Eckford fit winning.
CANTON Dodwell &. Co., Ltd. NEWCHWANC G. ColinetfitCo.
FOOCHOW Dodwell & Co.. Ltd. SAIGON Mitsui Bussan Kaisha.
AMOY Boyd & Co. JAVA (SOERABAYAT International Crediet
r en Handelsvereenig-
HANKOW Dodwell &. Co., Ltd. AND BATAVIA). J ing “Rotterdam."
TSINCTAO Schang Tai &. Co. SINGAPORE Paterson, Simons fit Co., Ltd.
CHINWANCTAO iapam &a knocB
K. M. A., Coal Port. JAPAN KOREA (f Kaiheitan Hanbai Goshi
Kaisha, Tokyo.
WEI-HAI-WEI Foo WeiCo. MANILA (P.I.) .The Pacific Commercial Co.
London Office:—
THE CHIHESE EHGINEERING & MINING Co., Ltd., 3, London Wall Bldgs, E.C. 2.
Brussels Office:—
THE CHINESE ENGINEERING & MINING Co., Ltd,, 13, Rue Brederode.
COKE
(For DOMESTIC and METALLUR I CAL Purposes).
CERAMIC and REFRACTORY
PRODUCTS.
YAO HUA WINDOW GLASS.
COAL MERCHANTS, ETC. xli
MITSUI BUSSAN KAISHA, Ltd.
TOKYO.
(Mitsui & Co., Ltd., in Europe & America..}
IMPORTERS, EXPORTERS. GENERAL COMMISSION
MERCHANTS AND SHIPBUILDERS.
HEAD OFFICE:
Yurakuchosanchome, Kojimachiku, TOKYO.
JAPAN:— BRANCHES AND REPRESENTATIVES:
KARATSU
KISHIMA MIIKE NAGOYA SEOUL YOKOHAMA.
KOBE MOJI
MURORAN TAINAN
NIIGATA TAIPEH &c., &e.
KUCHINOTZU NAGASAKI OSAKA
OTARU WAKAMATSU
OTHER COUNTRIES:
AMOY DAIREN MUKDEN SHANGHAI
BANGKOK
BATAVIA FOOCHOW NEWCHWANG SINGAPORE
BOMBAY HANKOW NEW YORK SOURABAYA
CANTON HAMBURG
HARBIN RANGOON SYDNEY
CALCUTTA LONDON SAIGON TIENTSIN
CHANGCHUN LYONS SAN FRANCISCO TSINGTAU
CHEFOO MANILA SEATTLE VLADIVOSTOCK
Geneva! Telegva,j>hic JldcLvess: “HITSUI.”
HONGKONG OFFICE:—Prince’s Wings, Ice House Street. Tel. 2570,1,2
COAL AND PROVISION MERCHANTS
SUN MAN WOO CO.,
(Late Bismarck & ۩.: a Chinese Firm.)
NAVAL CONTRACTORS Cable Address: PURVEYORS TO THE - -
“ Bismarck”
SHIPCHANDLERS, GENERAL HONGKONG. ENGLISH ARMY AND NAVY,
IMPORTERS, COAL AND - FRENCH, RUSSIAN, GERMAN AND
PROVISION MERCHANTS AMERICAN NAVIES -
SAIL AND FLAG MAKERS, - Price List Sent
on Application. HARDWARE AND MACHINERY, ■
RIGGERS, STEVEDORES Codes used: ELECTRIC FITTINGS, CABLES, ■
AND GENERAL COMMISSION A1, A.B.C., 4th and 5th WIRES, LAMPS, BELL SETS,
Editions.
AGENTS. PUMPS, RAILWAY MATERIALS, &c.
Ships' and Engine Rooms’ Stores of all Descriptions
Always in Stock at REASONABLE PRICES.
* * *
FRESH CARDIFF AMD JAPANESE COAL.
PAINTS, COLOURS, OIL AND VARNISHES.
Pure Fresh Water Supplied to Shipping by Steam
Pumping Boat on Shortest Notice.
* * *
BAKERY:—Capable of producing 10,000 lbs.
of Biscuits per Day.
99 & 101, DES VCEUX ROAD CENTRAL,
Near Central Market, HONGKONG.
1
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 Jane, 1843
Her Majesty the Queen of the United KingJom 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 Ilipoo, 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, Ac., 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 ihe
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, Ac., will appoint superintendents, or consular officers, to
reside at each of the above-named cities or towns, to be the medium of communication
between the Chinese authorities and the said merchants, and to see that the just
duties and other dues of the Chinese Government, as hereinafter provided for, are
duly discharged by Her Britannic Majesty’s subjects.
Art. III. —It being obviously necessary and desirable that British subjects should
have some port whereat they may careen and refit their ships when required, and keep
stores for that purpose, His Majesty the Emperor of China cedes to Her Majesty the
Queen of Great Britain, Ac., 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, Ac., 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 mouth 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. Y.—The Government of China havingcompelledtheBritishmerchantstrading
atCanton to deal exclusively with certain Chinese merchants, calledHong merchants (or
Co-Hong), who had been licensed by the Chinese Government for this purpose, the.
Emperor of China agrees to abolish that practice in future at all ports where British
merchants may reside, and to permit them to carry on their mercantile transactions
with whatever persons they please; and His Imperial Majesty further agrees to pay to
the British Government the sum of three millions of dollars, on account of debts due
1*
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. YI.—The Government of Her Britannic Majesty having been obliged to send
out an expedition to demand and obtain redress for the violent and unjust proceeding,
of the Chinese high authorities towards Her Britannic Majesty’s officers and subjects
the Emperor of China agrees to pay the sum of twelve millions of dollars, on account
of expenses incurred; and Her Britannic Majesty’s plenipotentiary voluntarily agrees,
on behalf of Her Majesty, to deduct from the said amount of twelve millions of
dollars, any sums which may have been received by Her Majesty’s combined forces,
as ransom for cities and towns in China, subsequent to the 1st day of August, 1841.
Art. VII.—It is agreed that the total amount of twenty-One millions of dollars, <
described in the three preceding Articles, shall be paid as follows:—
Six millions immediately.
Six millions in 1843; that is, three millions on or before the 30th June, and
three millions on or before 31st of December.
Five millions in 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 merchants 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 of transit duties, which shall not exceed per cent, on the tariff value of
such goods.
Art. XI.—It is agreed that Her Britannic Majesty’s chief high officer in China
shall correspond with the Chinese high officers, both at the capital and in the provinces,
under the term “communication”; the subordinate British officers and Chinese high |
officers in the provinces under the term “ statement,” on the part of the former, and ■
on the part of the latter, “ declaration,” and the subordinates of both countries on a .
footing of perfect equality; merchants and others not holding official situations, and
therefore not included in the above, on both sides for use the term “ representation ” .
in all papers addressed to, or intended for, the notice of the respective Govern- |
ments.
Art. XII.—On the assent of the Emperor of China to this Treatv 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 cf China. The military post at Chinhae will also be withdrawn, but the island j
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.
NANKING TREATY, 1842—TIENTSIN TREATY, 1858
Art. XIII.—The ratifications of this Treaty by Her Majesty the Queen of Great
IBritain, &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
aneantime, counterpart copies of it, signed and sealed by the Plenipotentiaries on
‘behalf of their respective Sovereigns, shall be mutually delivered, and all its provisions
and arrangements shall take effect.
Done at Nanking, and signed and sealed by the Plenipotentiaries on board Her
'Britannic Majesty’s ship Cornwallis this 29th day of August, 1842; corresponding
with the Chinese date, twenty-fourth day of the seventh month, in the twenty-second
;year of Taou Kwang.
Henry Pottinger,
Her Majesty's Plenipotentiary.
And signed by the seals of four Chinese Commissioners.
TIENTSIN TREATY, 1858
Ratifications exchanged at Pelcing, 24 Her Majesty the Queen of the United Kingdom of Great Britain and Ireland
and His Majesty the Emperor of China, being desirous to put an end to the existing
misunderstanding between the two countries and to place their relations on a more
-satisfactory footing in future, have resolved to proceed to a revision and improvement
of the Treaties existing between them; and, for that purpose, have named as their
Plenipotentiaries, that is to say :—
Her Majesty the Queen of Great Britain and Ireland, the Right Honourable the
Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the
Most Ancient and Most Noble Order of the Thistle.
And His Majesty the Emperor of China, the High Commissioner Kweiliang, a
Senior Chief Secretary of State, styled of the East Cabinet, Captain-General of the
Plain White Banner of the Manchu Banner force, Superintendent-General of the
Administration of Criminal Law; and Hwashana, one of His Imperial Majesty’s
Expositors of the Classics, Manchu President of the Office for the Regulation of the
•Civil Establishment, Captain-General of the Bordered Blue Banner of the Chinese
Banner Force, and Visitor of the Office of Interpretation :
Who, after having communicated to each other their respective full powers and
found them to be in good and due form, have agreed upon and concluded the
following Articles: —
Art. I.—The Treaty of Peace and Amity between the two nations signed at
Nanking on the twenty-ninth day of August, in the year eighteen hundred and forty-
two, is hereby renewed and confirmed.
The supplementary Treaty and General Regulations of Trade having been
amended and improved, and the substance of their provisians 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.
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
TIENTSIN TREATY, 1858
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. 1Y.—It is further agreed that no obstacle or difficulty shall be made to the
free movements of Her Majesty’s Representative, and that he and the persons of his
suite may come and go, and travel at their pleasure. He shall, moreover, have full
liberty to send and receive his correspondence to and from any point on the sea-coast
that he may select, and his letters and effects shall be held sacred and inviolable.
He may employ, for their transmission, special couriers, who shall meet with the same
protection and facilities for travelling as the persons employed in carrying despatches
for the Imperial Government; and, generally, he shall enjoy the same privileges as
are accorded to officers of the same rank by the usage and consent of Western nations.
All expenses attending the Diplomatic Mission of Great Britain shall be borne
by the British Government.
Art. Y.—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. YI.—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. YII.—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
c onsider 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 Yice-Consuls in charge shall rank with Intendants of Circuit; Yice-
Consuls, Acting Yice-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. YIII.—The Christian religion, as professed by Protestants or Roman
Catholics, inculcates the practice of virtue, and teaches man to do as he would be
done by. Persons teaching it or professing it, therefore, shall alike be entitled to the
protection of the Chinese authorities, nor shall any such, peaceably pursuing their
calling and not offending against the laws, be persecuted or interfered with.
Art. IX.—British subjects are hereby authorised to travel, for their pleasure or
for purposes of trade, to all parts of the interior under passports which will be issued
by their Consuls, and countersigned by the local authorities. These passports, if
demanded, must be produced for examination in the localities passed through. If
the passport be not irregular, the bearer will be allowed to proceed, and no opposition
shall be offered to his hiring persons, or hiring vessels for the carriage of his baggage
or merchandise. If he be without a passport, or if he commit any offence against the
law, he shall be handed over to the nearest Consul for punishment, but he must not
be subjected 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.
TIENTSIN TREATY, 1858
The provisions of this Article do not apply to crews of ships, for the due restraint
•of whom regulations will be drawn up by the Consul and the local authorities.
To Nanking, and other cities, disturbed by persons in arms against the Govern-
ment, no pass shall be given, until they shall have been recaptured.
Art. X.—British merchant ships shall have authority to trade upon the Great
River (Yangtsze). The Upper and Lower Valley of the river being, however,
disturbed by outlaws, no port shall be for the present opened to trade, with the
■exception of Chinkiang, which shall be opened in a year from the date of the signing
of this Treaty.
So soon as peace shall have been restored, British vessels shall also be admitted
to trade at such ports as fat as Hankow, not exceeding three in number, as the British
Minister, after consultation with the Chinese Secretary of State, may determine shall
he ports of entry and discharge.
Art. XI.—In addition to the cities and towns of Canton, Amoy, Foochow, Ningpo,
and Shanghai, opened by the Treaty of Nanking, it is agreed that British subjects
may frequent the cities and ports of Newchwang, Tangchow (Chefoo), Taiwan
(Formosa), Chao-chow (Swatow), and Kiung-chow (Hainan).
They are permitted to carry on trade with whomsoever they please, and to proceed
lo 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 open 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 towTards
British subjects shall be arrested and punished by the Chinese authorities according
to the laws of China.
British subjects who may commit any crime in China shall be tried and punished
by the Consul, or other public functionary authorised thereto, according to the laws
of Great Britain.
Justice shall be equitably and impartially administered on both sides.
Art. XVII.—A British subject, having reason to complain of Chinese, must
proceed to the Consulate and state his grievance. The Consul will inquire into the
■merits of the case, and do his utmost to arrange it amicably. In like manner, if a
Chinese have reason to complain of a British subject, the Consul shall no less listen
'to his complaint, and endeavour to settle it in a friendly manner. If disputes take
place of such a nature that the Consul cannot arrange them amicably, then he shall
request the assistance of the Chinese authorities, that they may together examine
into the merits of the case, and decide it equitably.
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
TIENTSIN TREATY, 1858
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, bo
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 Consulfor 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. XXL—If criminals, subjects of China, shall take refuge in Hongkong or
on board the British ships there, they shall, upon due requisition by the Chinese-
authorities, be searched for, and, on proof of their guilt, be delivered up.
In like manner, if Chinese offenders take refuge in the houses or on board the
vessels of British subjects at the'open ports, they shall not be harboured or concealed,
but shall be delivered up, on due requisition by the Chinese authorities, addressed to
the British Consul.
Art. XXII.—Should any Chinese subject fail to discharge debts incurred to a
British subject, or should he fraudulently abscond, the Chinese .authorities will do their
utmost to effect his arrest and enforce recovery of the debts. The British authorities
will likewise do their utmost to bring to justice any British subject fraudulently
absconding or failing to discharge debts incurred by him to a Chinese subject.
Art. XXIII.—Should natives of China who may repair to Hongkong to trade
incur debts there, the recovery of such debts must be arranged for by the English
Court of Justice on the spot; but should the Chinese debtor abscond, and be known
to have property real or personal within the Chinese territory, it shall be the duty of
the Chinese authorities on application by, and in concert with, the British Consul,
to do their utmost to see justice done between the parties.
Art. XXIY.—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 Be venue to meet, at Shanghai, officers to be deputed on behalf
of the British G-overnment, 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.
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 lurcher 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
TIENTSIN TREATY, 1858
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 iiito 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 fromall 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 bis 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 tontoage-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 ofCustoms 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. XXXIY.—Sets of standard weights and measures, prepared according to
the standard issued to the Canton Custom-house by the Board of Revenue, shall be
delivered by the Superintendent of Customs to the Consul at each port to secure
uniformity and prevent confusion.
Art. XXXV,—Any British merchant vessel arriving at one of the open ports
flhall 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
10 TIENTSIN TREATY, 1858
to guard the ship. They shall either live in a boat of their own, 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 I
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 ships’ papers, J
bills of lading, etc., 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 registered tonnage, and the nature of her cargo. If, owing to neglect l1
on the part of the master, the above rule is not complied with within forty-eight
hours after the ship’s arrival, he shall be liable to a fine of fifty taels for every day’s \
delay; the total amount of penalty, however, shall not exceed two hundred taels.
The master will be responsible for the correctness of the manifest, which shall ;
contain a full and true account of the particulars of the cargo on board. For
presenting a false manifest, he will subject himself to a fine of five hundred taels; but
he will be allowed to correct, within twenty-four hours after delivery of it to the customs 1
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 be assumed as the value of the goods.
Art. XLIII.—Duties shall be charged upon the net weight of each article,
making a deduction for the tare, weight of congee, &c. To fix the tare of any articles, 1
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.
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 representations made and that the goods remain with their
original marks unchanged. He shall then make a memorandum of the port-clearance
TIENTSIN TREATY, 1858 1J
of tlie goods, and of tlie amount of duties paid, and deliver the same to the merchant,
and shall also certify the facts to the officers of Customs of the other ports. All which
being done, on the arrival in port of the vessel in which the goods are laden, every-
thing being found on examination there to correspond, she shall be permitted to break
bulk, and land the said goods, without being subject to the payment of any additional
duty thereon. But if, on such examination, the Superintendent of Customs shall
detect any fraud on the revenue in the case, then the goods shall be subject to
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. XLYI.—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. XLYII.—British merchant-vessels are not entitled to resort to otherthanthe
ports of trade declared open by 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. XLYIII.—If any British merchant-vessel be concerned in smuggling, the
goods, whatever their value or nature, shall be subject to confiscation by the Chinese
authorities, and the ship may be prohibited from trading further, and sent away as
soon as her account shall have been adjusted and paid.
Art. XLIX.—All penalties enforced, or confiscations made, under this Treaty
shall belong and be appropriated to the public service of the Government of China.
Art. L.—All official communications addressed by the Diplomatic and Consular
Agent of Her Majesty the Queen to the Chinese Authorities shall, henceforth, be writ-
ten in English. They will for the present be accompanied by a Chinese version, but it
is understood that, in the event of there being any difference of meaning between the
English and Chinese text, the English Government will hold the sense as expressed in
the English text to be the correct sense. This provision is to apply to the Treaty now
negotiated, the Chinese text of which has been carefully corrected by the English original.
Art. LI.—It is agreed that henceforward the character “I” (barbarian) shall not
be applied to the Government or subjects of Her Britannic Majesty in any Chinese official
document issued by the Chinese authorities, either in the capital or in the provinces.
Art. LII.—-British ships of war coming for no hostile purpose, or being engaged
in the pursuit of pirates, shall be at liberty to visit all ports within the dominions
of the Emperor of China, and shall receive every facility for the purchase of pro-
visions, 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. LIY.—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
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. LY.—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.
12 TIENTSIN TREATY, 1858
Art. LYI.—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, re-
spectively, 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 ono=
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
Signature or 1st Chinese Plenipotentiary. ICincakdine.
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 inChinabythe authorities ofthe 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-eiglit, corresponding
with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung.
[l.s.] Elgin and
Signature of 1st Chinese Plenipotentiary. Kincardine.
Signature of 2nd Chinese Plenipotentiary.
AGREEMENT IN PURSUANCE OF ARTICLES XXVI.
AND XXVIII. OF THE TREATY OF TIENTSIN *
Signed at Shanghai, 8th November, 1858
Whereas it was provided, by the Treaty of Tientsin, that a conference should be
held at Shanghai between Officers deputed by the British Government on the one part
and by the Chinese Government on the other part, for the purpose of determining the
amount of tariff duties and transit dues to be henceforth levied, a conference has been
held accordingly; and its proceedings having been submitted to the Right Honourable
the Earl of Elgin and Kincardine, High Commissioner and Plenipotentiary of Her
Majesty the Queen on the one part; and to Kweiliang, Hwashana, Ho Kwei-tsing,
Ming-shen, and Twan Ching-shih, High Commissioners and Plenipotentiaries of His
Imperial Majesty the Emperor, on the other part, these High Officers have agreed
and determined upon the revised Tariff hereto appended, the rate of transit dues
therewith declared, together with other Rules and Regulations for the better explana-
tion of the Treaty aforesaid ; and do hereby agree that the said Tariff and Rules—
the latter being in ten Articles, thereto appended—shall be equally binding on the
Governments and subjects to both countries with the Treaty itself.
In witness whereof they hereto affix their Seals and Signatures.
Done at Shanghai, in the province of Kiangsu, this eighth day of November, in
the year of our Lord eighteen hundred and fifty-eight, being the third day of the
tenth moon of the eighth year of the reign of Hien Fung.
[l.s.]
Seal of Chinese Plenipotentiaries. Elgin andofKincardine.
Signatures the Five Chinese Plenipotentiaries,
THE CHEEOO CONVENTION, 1876
Ratifications exchanged at London, 6th May, 1886
Agreement negotiated between Sir Thomas Wade, k.c.r., 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 »; 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 Yamen, further reference to which is here omitted as superfluous. The
conditions now agreed to between Sir Thomas Wade and the Grand Secretary are as
follows:—
Section I.—Settlement of the Yunnan Case
1. —A Memorial is to be presented to the Throne, whether by the
Yamen 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 Imperi
in reply received, the Tsung-li Yamen will communicate copies of the Memorial and
Imperial decree of Sir Thomas Wade, together with copy of a letter from the
Tsung-li Yamen 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
of the frontier trade between Burmah and Yunnan, the Memorial submitting the
proposed settlement of the Yunnan affair will contain a request that an Imperial
Decree be issued directing the Governor-General and Governor, whenever the British
Government shall send officers to Yunnan, to select a competent officer of rank to
confer with them and to conclude a satisfactory arrangement.
4. —The British Government will be free for five years, from the 1st
next, being the 17th day of the 11th moon of the 2nd year of the reign of Kwang Su,
to station officers at Ta-li Fu, or at some other suitable place in Yunnan, to observe
14 THE CHEFOO CONVENTION, 1876
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 considera- "j
tiou 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 fam
and others killed in Yunnan, 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 writte
for what has occurred in Yunnan. 'I he Mission bearing the Imperial letter wil '
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
Yamen.
Section II.— Official Intercourse
Under this heading are included the conditions of intercourse between high
officers in the capital and the provinces, and between Consular officers and Chinese
officials at toe ports; also the conduct of judicial proceedings in mixed cases.
1. —In the Tsung-li Yamen’s Memorial of the ‘28tli Septemb
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 con-
cerned ; missions abroad and the question of diplomatic intercourse lav equally with-
in 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 Yamen shall address a
circular to the Legations, inviting Foreign Representatives to consider with them a
code of etiquette, to the end that foreign officials in China, whether at the ports or
elsewhere, may be treated with the same regard as is shown them when serving
abroad in other countries and as would be shown to Chinese agents so serving abroad.
The fact that China is about to establish Missions and Consulates abroad renders
an understanding on these points essential.
2. —The British Treaty of 1858, Article XVL, lays down th
who may be guilty of any criminal act towards British subjects shall be arrested and
punished by Chinese authorities according to the laws of China.
“British subjects who may commit any crime in China shall be tried and
punished by the Consul, or any other public functionary authorised thereto, accord-
ing 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
THE CHEFOO CONVENTION, 1876 15
Court; but the officer presiding over it, either from lack of power or dread of un-
popularity, constantly fails to enforce his judgments.
It is now understood that the Tsung-li Yamen will write a circular to the Lega-
tion, inviting Foreign Representatives at once to consider with the Tsung-li Yamen
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 Yamen 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 judicial 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 Tmi t'uruj, indicating combined action in judicial proceedings, in Article
XYI. 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,
lelcin 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 Ich’ang, in the province
of Hu-pi; Wu-hu, in An-hui; Wen-chow, in Che-kiang; and Pei-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, further, be free to send officers to
reside at Chung-k’ing to watch the conditions of British trade in Szechuen;
British merchants will not be allowed to reside at Chung-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, Tat’ung and Ngan-Ching in the province of An-
hui ; Ho-Kou, in Kiang-si; Wu-sueh, 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 lelcin 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.
16 THE CHEFOO CONVENTION, 1876
2. —At all ports open to trade, whether by earlier or later agr
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 Governm
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 pav the tariff duty upon it,
and the purchasers the lekin, in order to the prevention of evasion of the Treaty. The
amount oi 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 C
framed under one rule at all ports, no difference being made in the conditions set forth
therein; and that, so far as imports are concerned, the nationality of the person
possessing and carrying these is immaterial. Native produce carried from an inland
centre to a port of shipment, if bond fide intended for shipment to a foreign port,
may be, by treaty, certified by the British subject interested, and exempted by
payment of the half duty from all charges demanded upon it en route. If produce be
not the property of a British subject, or is being carried to a port not for exportation,
it is not entitled to the exemption that would be secured it by the exhibition of a
transit duty certificate. The British Minister is prepared to agree with the Tsung-li
Yamen 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 Buies 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 t
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 Elver 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 for-
eign settlements and the collection of lekin upon opium by the Customs Inspectorate
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 t
the Canton Customs Bevenue 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, for
the establishment of some system that shall enable the Chinese Government to
protect its revenue without prejudice to the interests of the Colony.
[Two separate articles—now obsolete—were attached to this treaty, one re-
lating to a contemplated Mission of Exploration through China to Tibet and India,
in 1877, and the other relating to the regulation of the traflic in opium.]
THE CHUNGKING AGREEMENT, 1890
ADDITIONAL ARTICLE TO THE AGREEMENT BETWEEN GREAT
BRITAIN AND CHINA OF SEPTEMBER 13th, 1876
Ratifications Exchanged at Peking, \&th 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 Articles :—
I. —Chungking shall forthwith be declared open to trade on the same
.any other Treaty port. British subjects shall be at liberty either to charter Chinese
vessels or to provide vessels of the Chinese type for the traffic between Ichang and
Chungking.
II. —Merchandise conveyed between Ichang and Chungking by the
of vessels shall be placed on the same footing as merchandise carried by steamers
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
above description, as to the repackage of goods for the voyage beyond Ichang and
as to the general procedure to be observed by those engaged in the traffic between
Ichang and Chungking with a view to insuring convenience and security, shall be
drawn up by the Superintendent of Customs at Ichang, the Taotai of the Ch’uan
Tung Circuit, who is now stationed at Chungking, and the Commissioner’s 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 Chungki
-ance with the Yangtsze Regulations; vessels of Chinese type, if and when entitled
to carry the British flag, shall pay tonnage dues in accordance with Treaty
Regulations. It is obligatory on both chartered junks and also vessels of Chinese
type, even when the latter may be entitled to carry the British flag, to
take out at the Maritime Custom-house special papers and a special flag
when intended to be employed by British subjects in the transport of goods
between Ichang and Chungking, and without such papers and flag no vessels
•of either class shall be allowed the privileges and immunities granted under this
Additional Article. Provided with special papers and flag, vessels of both classes
shall be allowed to ply between the two ports, and they and their cargoes shall be
-dealt u’ith 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 transfei’able 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.
V. —When once Chinese steamers carrying cargo run to Chungkin
-steamers shall in like manner have access to the said port.
18 THE THIBET-SIKKIM CONVENTION, 1890
VI.—It is agreed that the present Additional Article shall be considered as-
forming part of the Chefoo Agreement, and as having the same force and validity as
if it were inserted therein word for word. It shall be ratified, and the ratifications
exchanged at Peking, and it shall come into operation six months after its signature,
provided the ratifications have then been exchanged, or if they have not, then on
the date at which such exchange takes place.
Done at Peking in triplicate (three in English and three in Chinese), this-
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, 1890
Ratified in London, 17th August, 1890
Art. I.—The boundary of Sikkim and Thibet shall be the crest of the mountain
range separating the waters flowing into the Sikkim Teesta and its affluents front
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- f
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. Y.—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 BUHMAH 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 BURMAH CONVENTION 19
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 and trade across it between Burmah
and Yunnan.)
Art. XII. (Providing for the free navigation of the Irrawady by Chinese
j vessels). — Add as followsThe Chinese Government agree hereafter to
-consider whether the conditions of trade justify the construction of railways in
Ytmnan, 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 Burmah to reside at Bangoon, and that Great Britain
might appoint a Consul to reside at Manwyne, and that the Consuls 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 Burmah 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. XIY. (Providing for issue of passports by the Consuls on each side of the
•frontier).—Instead of “ Her Britannic Majesty’s Consul at-Manwyne” in the Oi’iginal
Convention read “ Her Britannic Majesty’s Consul at Shunning ‘ or Momein,’ ”
in accordance with the change made in Article XIII.
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 Yamcn addressed an official despatch to Her Majesty’s
Charge d’Affaires 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 freedom 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 Yangtsze River,
namely, Kongmoon, Kamchuk, 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.
In witness whereof the undersigned duly authorised thereto by their respective
Governments have signed the present agreement.
20 KOWLOON EXTENSION AGREEMENT, 1898
Done at Peking in triplicate (three copies, in English and three in Chinese),
the fourth day of February in the Year of our Lord one thousand eight hundred)
and ninety-seven.
(Sd.) Claude M. Macdon\ld. (Seal)
(Hieroglyphic) Lx Hung-chang. (Seal)
KOWLOON EXTENSION AGREEMENT, 1898
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 heieafter fixed when proper surveys have been,
made by officials appointed by the two Governments. The term of this lease shall
be ninety-nine years.
It is at the same time agreed, that within the City of Kowloon the Chinese
officials now stationed there shall continue to exercise jurisdiction, except so far as
may be inconsistent with the military requirements for the defence of Hongkong.
Within the remainder of the newly-leased territory Great Britain shall have sole
jurisdiction. Chinese officials and people shall be allowed, as heretofore, to use the-
road from Kowloon to Hsinau,
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 fot the convenience of
movements 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 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 Hsii. 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 Kwaug Hsii.
Claude M. Macdonald.
Li Hung-chang, ) Members of
Hsu Ting KW, ) Tsung-li Yamcn.
THE WEIHAIWEI CONVENTION, 1898
Ratifications exchanged in 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 Bay 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 administration will not be interfered with, but no 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 expulsion of the
inhabitants of the territory herein specified, and that if land is required for forti-
fications, 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 ratificatiorrs 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.
Pkince Ching, Senior Member of the Tsung-li Yamen.
Liao Shod 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 fifth moon of the twenty-fourth year of Kuang Hsil.
Provisional arrangements for the rendition of Weihaiwei to China, in accord-
ance with the agreement reached at the VYashington Conference, were drawn up in
SUPPLEMENTARY COMMERCIAL TREATY WITH CHINA
Signed at Shanghai, 5th September, 1902
Ratifications exchanged at Peking, 28th July, 1903
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 lesolved to enter into negotiations with a view to carrying out
the provisions 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 Lii 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 owers, and
found them to be in good and due form, have agreed upon and concluded the
following Articles:—
Art. I.—Delay having occurred in tlm 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 connection 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 fro 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 iu 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.
THE BRITISH COMMERCIAL TREATY WITH CHINA 23-
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-
shareholders 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
interpreted by British Courts, and that Chinese Courts shall enforce compliance there-
with 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.
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 the Customs Authorities.
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 he carried out steamship
owners shall be allowed, subject to approval by the Imperial Maritime Customs, to
erect, at their own expense, appliances for hauling 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 Maritime Customs. Should any practical scheme be presented for improv-
ing 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 privi-
leges of a bonded warehouse to any warehouse which, 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
compatible with the protection of the revenue.
Art. VII.—Inasmuch as the British Government affords 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 bn
registered on payment of a reasonable fee.
Art. VIII.—Preamble. The Chinese Government, recognising that the system
of levying lelcin and other dues on goods at the place of production, in transit, and at
24 THE BRITISH COMMERCIAL TREATY WITH CHINA
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 coastwise.
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 revi ve them in any
form or uuder 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 Protocol 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 7\ per cent, ad valorem.
Keeping these fundamental principles steadily in view, the high contracting
parties have agreed upon the following methods of procedure:—
Section 1.—The Chinese Government undertake that all barriers of whatsoever
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, o, 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.
Sectiori 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
enumerated in the Hu Pu and Kung Pu Tse Li (Regulations of the Boards of Revenue
and Works) and Ta Gh’ing Hui 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, Kative 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, be 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
THE BRITISH COMMERCIAL TREATY WITH CHINA 25
less than one year from date of payment of duty, shall free the goods from all taxation,
examination, 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.
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 be collected
at place of production or at first station after entering the province where it is to be
consumed.
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 vised,
but at such offices no lekin or transit taxation shall be levied and no barriers or
obstructions of any kind shall be erected.
Section 7.—The Chinese Government may re-cast 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
exported either to foreign countries or coastwise.
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 Con-
sumption Tax 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-
THE BRITISH COMMERCIAL TREATY WITH CHINA
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 ot 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 principle 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.
This stipulation is not to apply to the out-turn 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 pro-
vince for duty in connection with Native Customs affairs, Consumption Tax, Salt and
Native Opium Taxes. These * >fficers shall exercise an efficient supervision of the work-
ing 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.
THE BRITISH COMMERCIAL TREATY WITH CHINA 27
His Britannic Majesty’s Minister will have the right to demand investigation
where from the evidence before him he is satisfied 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:—
Changsha in Hunan ;
Wanhsien in Szechuen;
Nganking in Anhui;
Waichow (Hui-chow) in Kwangtung; and
Kongmoon (Chiang-men) in Kwangtung.
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 Kongmoou, 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 ail the Powers have signified their acceptance of these-
engagements.
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
re cast her present Mining Rules in such a way as while promoting the interests of
THE BRITISH COMMERCIAL TREATY WITH CHINA
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 Callon the Yangtze River, at
the following “Ports of Call”: PakTauHau (Pai-t‘uk‘ou),Lo Ting Hau (Lo-ting k'ou),
and Do Sing (Tou-ch‘eng); and to land or discharge passengers at the following ten
passenger landing stages on the West River:—Yun'g Ki (Jung-chi), Mah Ning (Ma-
ning), Kau Kong (Chiu-chiang), Kulow (Ku-lao), Wing On (Yung-an), How Lik
(Houli), Luk Pu (Lu-pu), Yuet Sing (Yiieh-ch‘eng), Luk To (Lu-tu) and Fung Chuen
(Feng-ch‘uan).
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
Governmeut 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
do 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 con-
fiscated.
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
arrangement 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 requiring 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 meant,
for securing permanent peace between converts and non-converts, should such a
Commission be formed by China and the Treaty Powers interested.
Art. XIY.—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 whatsoever cause in
.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.
THE BRITISH COMMERCIAL TREATY WITH CHINA 29
Should any vessel specially chartered to load rice or grain previously contracted
rfbr 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 so, the quantity shall be named.
Such rice shall not be included in the prohibition, and the Customs shall keep a
-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 Province 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 Tariff 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 immediately 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 and 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 Shanghai 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 Hsu.
[l.s.] Jas. L. Mackat.
Annex A.— (1)
(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 Mackay, His Britannic Majesty’s Special Commissioner for the dis-
cussion of Treaty matters.
30 THE BRITISH COMMERCIAL TREATY WITH CHINA
Shanghai: K. H. XXVIIL, 7th moon, 11th day
(Received August 15, 1902)
We have the honour to inform you that we hare 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:
“ 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 l>e
“ 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 communication.
Annex A—(2)
Gentlemen, Shanghai, August 18th, 1902.
I have the honour to acknowledge the receipt of your despatch of the 14th instan1
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 quantitv of silver
bullion of equivalent weight and fineness plus 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.
I have the honour to be,
Gentlemen,
Your obedient Servant,
Their Excellencies (Signed) Jas. L. Mackay.
Lu Hai-huan and Sheng Hsuan-huai,
etc., etc., etc.
Annex B—(1)
(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.
We have the honour to inform you that on theShanghai, September
22nd of August, we, in2nd,
conj1902.
unction
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 leJcin of all kinds, a.
“ portion is appropriated for the service of the foreign loans, a portion for the Peking.
““ Government,
concerned. and the balance is reserved for the local expenditure of the Provinces
THE BRITISH COMMERCIAL TREATY WITH CHINA 31
“ 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
“lekin 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
1“Customs revenue proper, and shall in no case be pledged as security for any new
“foreign loan.
“It is therefore necessary to memorialize for the issue of an Edict, giving effect
“ to the above stipulations and directing the Board of Bevenue 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 towards
“all.’
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.
Annex B—(2)
Shanghai, September 5th, 1902.
Gentlemen,
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
contracted by China except in so far as lekin revenue has already 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 Bevenue, but that out of these surtaxes each
Province is obliged to remit to Peking the same contribution as that which it has
hitherto remitted out of its lekin collections, and that the Provinces also provide as
hitherto out of these surtaxes whatever funds 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 wil*
agree to this correspondence forming part of the Treaty as an Annex.
I have the honour to be,
Gentlemen
Your obedient servant,
(Signed) Jas. L. Mackat.
Their Excellencies,
Lu Hai-huan and Sheng Hbuan-hxtai,
etc., etc., etc.
32 THE BRITISH C0M3IERCIAL TREATY WITH CHINA
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. Mackat, 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 yon 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 lehin 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 lehin 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.
Annex C
INLAND WATERS STEAM NAVIGATION
Additional Rules
banks1- of waterways—British
from Chinese subjectssteamship ownersnotareexceeding
for a term at liberty25toyears,
lease with
wareho
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.
inland,2- waterway
-Jetties shall
or only be erected
interfere in such positions
with navigation, thatthetheysanction
and with will notofobstruct the
the nearest
Commissioner of Customs ; such sanction, however, shall not be arbitrarily withheld.
_ 3. onBritish
jetties the samemerchants
footing asshallChinese
pay taxes and contributions
proprietors on these warehouses
of similar properties and
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. caused
for loss Steam tovessels navigating
riparian the inland
proprietors waterways
by damage whichofthey
Chinamayshall
do beto responsible
the banks
THE BRITISH COMMERCIAL TREATY WITH CHINA 3*
Ior 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 waterway 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
launches are also prdhibited from using it. .
Both Foreign and Chinese launches are prohibited from crossing dams 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 anv British
steamer which may now or hereafter be employed on the inland waters of China
should the owner be willing to make the transfer.
In event of a Chinese company registered under Chinese law being formed to run
1 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 t he 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
remunerative 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 of
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 places
exclusively except with the consent of the Chinese Government.
i 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,
corresponding with the Chinese date, the fourth day of the eighth moon of the
twenty-eighth year of Kwang Hsu.
[l.s.] Jas. L. Mackat.
2
REVISED IMPORT TARIFF FOR THE TRADE
OF CHINA, 1922
(Superseding the Tariff arranged in 1919)
exceeding Note.—If any of the articles enumerated in this Tariff are imported in dimensions
as defined.those specified, the Duty is to be calculated in proportion to the measurements
Where the specific rate of Duty on imports enumerated in this Tariff depends upon
orwholesale
is regulated marketin value any manner by thele^svalue,
of the goods the the
DutyDuty
and stall7 perbecent. based on the domesfor
Name or Aktjclk.
CottonGoods. and Cotton Imitation
ton ClothNative Cot-
(including
Cotton Piece Goods, Grey. I Machine-made),
not Grey,
Shirtings and Sheet- A: withovernot24more ins. wide
than
ings, Urey, not over TJ 115 thrFlannel,
Cotton eads perorsq.Flan- in.
ins.a. Weight
by 41 yds:— nelette. of Plain
under 7 lb. and 0.14 Twill
a. Not Weave,
over Grey:
32J ins.—or
b. „ not overover 7 lb.9but lb. 0.21 by 31 yds
c. „ not overover 9 lb.11but 0.28 b. Over
over 4032$ins.ins.but
by 31 ynot
ds.
Shirtings and Sbeet- lb.
ings. Grey, not over Cotton
or Dyed Piece Goods,
(irrespective While
40withins.more by 41 thanyds. and U0 offinish).
threads per sq. in.:— Shirtings
White, and Sheetings,
Plains—
a. We-ight over 11 lb. a. Mot
but
12.Hb not over 42 yds41 ins.37 wide...
b. Over
over ins. by
White Irishes,
87 ins.andby Jeans, not
42 yds Whiteover Value
Piece
lb. 04. lb.... Drills
Shirtings and Slvet- (3overor314 she ft
ins.Jeans.only;,
by 3-'Whitenot
vds...
in ; s. byGrey,41 notyds.overand 40 1 'rills
ins.
with (3 or31and 4 shaft only), not...
perHOsq. 1in.:
lea.s Weight breads
over — 11
or
lb.
over
T-Clotbs, ins. by
White, 42 yd and
but lbnot over Mexicans:—
a. No:, over 32 ins. by
Drillsb and „ 154over
Jeans. 154 Grey IK... b. N25overt yds
over32 ins. and
(3ov ort 314 shaft
ins. only',not
by . 1 yds. not 2.'> yds.
over 41 but
yds...
Dril’s and
(3 or314 shaft Jeans. t>rey Dimities,
ings, Cords, Piques,
Quiltings Vest-
overa. Weight ins.1 i-'yon’y)
J41lb.yds.:
not
and ford
over 30 ins.Lawns, White,
by 30Mus-not
yds.
b. „ under
over I 2$ lb.... Cambrics.
lins, Nainsooks. Mulls
T-Clotbs, ins. bvGrc^y. nott —over and
Plain, Jaconets,over White,
34a.Weight
l > . ,,
257 ITyds.
over 7 &.lb.tinder. ins. by 12notLawns.
Cambrics, yds Mus-46
T-Cloths, Grey, over over 21 lins
Figured,& Lappets,over White,
in-,
ins. bybut25 not yde 87 ins. by 12 not yds 46 6%
REVISED IMPORT TARIFF
Name or Ajitkm.k.
Cambrics,
lins. Mulls, Lawns, Mns-
Jaconets, Cotton
cluding CrapeOatmeal (not in-
] Checks
Victoria & Checks,
Lappets,Dyed, Swiss Crapes),Grey,
Dyed,Printed, Bleached,
or Yarn-
I Plain
over 46orins.Figured,
by 12 not
yds. 5 % dyeda. :—
NotoverlSins.wide
j! Cambrics,
lins. Lawns,
Mull-, JaconetsMus- b. Over ut not Value
lein.ins.I wide...
over 30Satteena,
Victoria Checks, Swiss Bastings, Ita- Yard
{i Checks,
brics.
YarnsPlain
Lappets,(single
Brocades
only).orWhite
Lim-
or
lians,
faced) Imitation
Venetians, (Weft-
Bea-
Dyed, Figured, trice Twills, Tientsin
& Sliirtings, Striped, Twilis.Diagonal
Herringbone Twills,
I Spotted,
Figured: — Corded & Serges, Ribs, Twills, Cords
a. Not over 30 ins. by (notincludingPoplins),
Repps, and M oreens.
31
b. Over yds 30 37ins.ins.but White or Dyed, Plain33
notyds.
over by orins.Figured,
by 33Drillsydsnot(5over
Lenos, 42White . Satteen shaft).
not over
Leno 3: in. orby WDyed,
Brocades, 30hite
yd. Warpfaced
(not excluding Satteens
5Stripes,
shaft),
or Dyed and
White gatteen
or Dyed, ! Ia n
Shirtings, Sheetings A orins.Figured,
Pongees,
a. Not Dyed,
over 30 Plain:
ins. by Poplins ydsnot overPo-33
by 33(including
33 yds
b. Not over33 30yds.ins.ami plin 'I affetas' , andor
over but Venetians,
Dyed, Plain, White
not over
e. Not over 3643 ins. yds....by 0.28 by'33 yds over
33 in-, (including
Poplins
not
Po-
21
d. Not ydsover 36 yds.irs. 0.17 plin 'iaffetrs) and
and ever 21 Venetians,
Dyed,83 ins Figured,White notor
but
e. Not not over33 yds. over by : 3 yds.
overover
not ever33 8643yds.ins. and
yds.orbut4
Cotton
nelette, Flannel,
of I orlainFlan-or
Drills Jeans (3 Twill
1. White,Weave Dyed, Print-
shat' t only)over
o. Not .Dyed,31P lain: ins. ed, orincluding
Yarn-dyed
by 33overyds31 ins. and (not
plex or Revertib'Du-.e
b. Not
over 33 yds. Lut not Prints):
overT-Cloths,
43 yd--.... Em- a. Not
15 yds25'n.25but
over ins. by 0.11
Dyed
bossed Cantoons, Alpa- b. Over not
ov. rSOin. 0.13
cianos.
tion Real and
Turkey Beds, Imita-
not c. Over
over 25 n. bybybut1531yd.
30in.
yd.
not 0.28
over 32 ins.
а. Weight by 25 yds.:-
3] lb. and d. Over 3' . > in. bat not
under over 36in.hy 15 not
y< 0.16
б. „ not overover 3i lb.5-}but e. Over
overex363' in.n.orbybut 31 yd. 0.35
c. ,, overC5}r i lbm _ lb. 2. Dup Itevei
Mercerised sible
over 30Prints ins. wide.,no
White,
ed, PlainDyed,or orFigured,
Print- Cotton Spanish Stripes,
not overCrapes,
Oatmeal 32in. byWhite 32yd. Dyed:—
a. Not
orgured,
Dyed,notPlainover 33or int. Fi- 20 yds32in butins.not
b. Over
oyer 32 by 0.17
by 33 yds over 64in. by 2o y d. 0.35
2
REVISED IMPORT TARIFF
No. Nam* of AhTici-k. TabiffUltt. Unit and No Nam* of Aettcl*. | TabiffDuty. Unit and
34 | Cotton Velvet' Vel- Per Hk.
' &PLiin, edVenetians,
Damasks, PrintedPrinted Per ! Hk.
veteens. 26Dyed, Yard Tin.
0.022 Lastings,Twills,Printed Tls.
35 |i Cottonnot overVelvets
veteens,
ins.andwide...
Vel- Beatrice
ed Cords, Pi-irit-
Printed
gured,! and orPrinted,
Embossed, Fi- Poplins,
Moreens, and over
Printed32
>jI tians,
Velvet
Cords, Velveteen
ordurovs, Fus- ins.
Printed. bv 30 notyds
Flannelette.
and
PlushesCot'...on (inelnd- Value 5 % 43 Duplex Sec 32. dr Reversible
36 j|j Canvas,
incr Cotton Duck), for Prints , of oneShirting
I ins. Sails,wide etc., nut over 30 ; Yard Weavenotand over 32colour
37 I| Stockinette or Knitted byonly,30 yds ins.
Tissue:— j Picul 3.50 Priritod
Velveteens. Velvets and
See 35.Cre-
j h.a. Mot RaisedRaised Value 5 % 44 Printed
tonnes, Domestic
PrintedPrintedRat-
| CottonPrinted. Piece Goods, teen Cretonnes,
38 Printed Cambrics,Print- ReppEmbossed
ed Cretonnes,Figures,
Print-
edMuslins,
Lawns,PrintedPrinted
Shirt- PrintedCasement Art Muslins
ings, PrintedSheetings, and
Printed Cotton Cloth,Coat-
Printed
cluding T-Cloths (in- ings, Trouserings, and
Bluethose
asPrinted known
andT-Cloths),
White Gabardines,
other Duplex andor Re-all
PrintedPrintedDrills.Diagon-
Printed versible
those Prints except
Jeans,
al Twills, TwillSilesias,
Creton- Classes enumerated
38 and 43 in Value 5%
nes, Printed Printed Blankets.
Printed Handkerchiefs.See 46.
Printed
inch Repp Repps
Cretonnes)(not: SeeThe49.term
a. wide
Not over 20 ins. inPigment
this Tariff “ Printed
includes ”
Overover20i46ins.ins.but
b. not by
Value 5°/0 Printing Style,
Style, Direct
Steam
12Overyds20 ins. but Piece 0.081 Style, Discharge
Madder or Dyed ResistStyle,
Style,
c. not over 32 ins. by Resist Style,
Pad Style, Metal Style,
d. 30not yds 32 ins. but
Oyer over 42 ins. by
0.19 and
of The soforth.irrespective
finish.
30 yds... 0.24 Reversible term “Duplex
Print” allinor
Printed
:Printed
Crimps.Oatmeal Mercerised
See 25.Crapes this Tariff includes
Printed
(a) Cottons pattern
a different having
and
Cretonnes, Oatmeal not Crape32 ij
over printed on each sidesameof
ins. by 30Cotton yds. ...Crape. ,' 0.22 the cloth,
design cloth, (b) the
on bothwhether
sides of
Printed
See 27. the
40 Printed Turkey Reds, ! printed
more rollers. with one or
Real
over arid
31 Imitation,
ins. by 25 not j[
yds. CottonYarn-dyed.
Piece Goods,
41 Printed 0.16
42 Printed 31 ins. byLenos, 30 ydsnot over
Satteens and |( 0.19 Cotton Crape. See 27.
Satinets, (including Printed i Cotton
Flannelette. Flannel,
See37.32. or
Brocades
Printed1 Fancy Woven j Stockinette. See
Stripes or Checks), Handerkphiefs,
Embroidered neither
Printed Italians, Print- 1 itialled. See 49.nOr In-
REVISED IMPORT TARIFF 37
Namb of Abticle. Name of Aeticie.
1
Over25ins.
but not oversquare29
Cotton
otherwise Piece Goods not 3. square.
(see also 583)enumeratedS| Value 5 % d. square
Over 29 not I
Cotton, Raw ; Cotton I| over 34 ins,butsquare,
KnittedClothing,Raised jji
Thread, Cotton
and ofManufactures Yarn, (including that stitch-
Cotton. edwithSilk
with facings Thread and
of Silk ori;
Ankle-bands,
Decorated Plain or other material)
Bags, New (see also 517)j! Picul
Blankets,Plain.Printed, „ Mosquito
over 90 ins.Netting, by L0 yds.not i
orthose
Jacquard (including
wi'hedgea oftaped or | | Singlets or Drawers,
Raised(ihcludingthose not j|
whipped Silk or stitched
Thread with Silk
fac- j;
other
Blanketmaterial),
Canvas. Cloth
See 3G.
and; „ ings of and
material) Silk withor other! 'i 5%
Crape.
Counterpanes See 27. and Socks
1. and Stockings
Not Raised on i
Quilts,
Alhambra:—
a. long
Honey-comb or
Not over 2£ yds. a. either
Madesideorof: Un-;
gassed Un- j
Over 2£ yds. Value 53.20%
b. long b. mercerised of Thread
Made Mercerised
orThread Gassed I;
Embroidered
Insertion, Edging
Machine-or or Silk or stitched i
embroidered
made
Flannelette.
Handkerchiefs, See 32.
neither 2. with
Raised
3. Others See 37.
Value 58.10%
Embroidered
itialled nor In- Stockinette.
Towels, Turkish Picul
1. ed,White,or:— Dyed, Print-
yarn-dyed. Thread,
(irrespective Dyed orofUndyed
finish):on
Hemmed, but not 1. Sewing Cotton,
with a drawn thread a. spools
2-cord orandcops:3-cord,
0.049
a. square
b. but
Not over 13 ins.
Over not13 ins.over square18 0.017 b. 6-cord, or50less
50 yds. yds. or 0.094
c. Other
proportion. lengths in
e. ins.Over
but
square
18 ins.
not over 30 square 0.028 2. Crochet
broidery or
Cotton,: inEm-
ins. square
2. ed,White, Dyed, Print- 0.043 skeins orHk.balls
a. inOvervalue
or yarn-dyed,
drawn-thread with
hern: b. Not over perTls.
Hk.
200
picul
Tls.
a. square
Not over 13 ins. 2^0 in value per
b. butOvernot 13 ins.square 0 028 Cottonpicul Waste
ins. square. over 18 0.06 1. Grey (irrespective
c. butOvernot18 ins.over square30 a.of fold):
Counts
ins. square 0.073 includingupabove
b. Counts 17to and17 2.00
3.a.Printed TTnhemmed: and up to
Not over 18 ins. cluding above 23and in-23 2.20
b. square
Over 18
but square.
....ins. square
not over 25
0.016 c. Counts
and up to85..., and in-
ins. 0.051 cluding 1 3.00
38 REVISED IMPORT TARIFF
Name of Astici.b.
d. Counts j tons. Vicunas, UnionPrinted
and
cludingup toabove 35
45arid45in-...
Vicunas,
PonchoStripedCloths, and
Bea-
e.2. Counts above vers,
Army Cloths, Beavers.
Leather
Dyed, Bleached,
Gassed, Mercerised, Cloths, and orPresidents,
containing
taining notquanti-
a smallWool con-
1 Cotton & Cotton Goods
not otherwise enumer- ty of new
1| facing purposes, not
for
ated (see also 582,) over 58 ins. wide ..,
, Hemp, Linen, Silk, Italian
and Woollen Goods.
Flax, Hemp, and Jute Figured,Cloth,
tres, Orleans,
PlainLus-
Alpacas, and
Goods.
Canvas and Tarpaulin I Sicilians
offor Hemp and/or Jute, Wool
Wool, and Woollen
Sheep’s Goods.
similar Sails,purposes,
Awnings,Hi oof-
and Blankets
Bunting, andover
not Rugs18 ins. 52.80%
edoveror24Unproofed,
ins. wide not by 40 yds
Canvas Linen (Elastic), Camlets,'
ins. by 62not not
yds over 31
for Tailoring
Gunny Bags, New Flannel, over 33
„ Old Bags, ins.
Bastings,wide Plain,notFigur-
Hemp
New oror Hessian ed, or Creped, over
Hemp Hessian Ba; 31
Llama ins. by
Braid 32 yds. ......
Old 5 % Long
HessianRawCloth
Jute, 0.61
0.22 ins. byElls,25Stripee,
Spanish
not over 31
yds not Piece 0.63
Silk GoodsMixtures.and Silk over 64 ins. wide Yard o.ovd
Silk Piece Goods (all Vicunas,
tons. Beavers.
Broadc' oth Mel
and
Silk),
or Brocaded Plain, Figured, Superfine, Medium and
Silk Plushes and....Silk Value Hahitin*, Cloth, not over
Velvets,
Siltc S« al, Pure
with Cotton Catty All80Yarn wideandWorsted
Woollen
Silk Mixture (in-
Picul 8.40
and Velvets m ido Aluminium Metals. Value
ofotherSilk mixed with „ Sheets 5
withandCotton fibroushackmaterial,
> Antifriction
Antimony Metals , and
Regulu*
Silk Cotton Satins,
White or Dyed in the
Piece:—
Refined.
„ and Yellow
Ore 50.70
7*
а.б. Figured
Plain 0.16 Brass
Bars and l Metal: Picul
ods Rivets,
SiParn k anddyedCotton Satins, 0.2ti Bolts, Nuts,and
Silk andnot' otton Mix- 0.32 sories (includingAcces-
Wa-hers,
Ingots Old Value 5%
tures otherwise J r.iss remeited)
or Old Yellow
t enumerated
ilk hibbons,
and Mixtures... all Silk 5%
Nailsor Scr ip (fit only Picul
W Wool and Cotton Unions. Old
Union Shirtings, not for iemanufacture) ... Value 5%
overh 33made
Clofactured ins.ofwiderenuinu- Sheets and Plates Picul 1.80
Woolas Mel- and Tubes 2.40
1.30
Cotton,
tons, Printed Mel-such Copper: —
Bara and Rods
REVISED IMPORT TARIFF
No. Name of Awtici.b.
Hk.
104 Bolts,
and Washers Nuts, Rivets, 5Tls.% Rails (including
Sleepers,
Spikes,
Steel
Fish-plates,
Bolts, and
105 Ingots
cluding andOldSlabsCopper (in- Nuts for use with the
remelted)
Nails Rails)
Rivets Picul 0.18
., 50.39
106 Old Screws Value %
107 for orremanufacture)
Scrap (fit only Value
Picul 5% Sheets orandmore
Plates, J in.
108
109
110
Sheets
Tacks
Tubes
and Plates Value 52.oO% thick and
.Sheets
gSpikes
in. thick Plates under ! 0.25%
111
112 Wire „„ Cable 1.60 Tacks . Value
Picul 5l.uO
113 RopeSteel, Ungal- % Tinned Plates, Decorat-
Ironvanized
and (not Spring,
includ- ed
’linned Plates,
Plate-, Plain... „„ || 50.45
0.73
ing Bamboo, Tacks Old ... Value %
114 sind
Anvils, Tool Steel)
Swage-blocks,
Anchors
Shaftings andandPartsFor- of.
gings every caseweighing
inor over each 25 lb. Picul
115 Bolts, NutsRough & Washers Value 1.30
50.61
% core Old....Gal-
Castings, Wire
vanize!Rope,.
116
117
118 Chains, New
Chains, Used & Parts of Picul 0,'»3 vani
outTool
fibre
or orUngal-
ed i with with-
core)Spring:— Value | 5 %
119 Cobbles, Wire Shorts, 5% Steel. and
Defective Wire, BambooSteel 'teel Picul ]| 50.27%
Croppings
Ends, Used and Bar
Hoops Bar
and Spring
Tool Steel (including Value
Hoop
tings. Ends
Galvanizedor Cut- High-speed
Ironvanized
and: —Steel, Steel)Gal-...
Ungdvanized
clu ling scrap lots (in-orof B"lts, Nuts, Rivets and
mixed
re~}>ective dimensionssiz >) ir Value Picul Washers
Pipe-. 1 ubes, and Tube
120
121 Crossings
Hoops forofRailways Picul Fittings
Screws
122 Old
for or Scrap (fit
re manufacture' only SPlain
heets, Corrugated and
not otherwise enu-, Wire Rope (with or
Wire
123 Nail-rod,
or'Tees,DeformedPars, I wi ted
Bars, without ■ &fibre
( see 14 (see 1411core)
Channels,
Angles,.Ioist8,Giiders, Iron Shorts
and- Tin Dross 119)
and
Sec 1 other Structural
ions orhalfShapes Lead:
(including Old (fit only for re- Value
Rods
wide il overin oval
inandc Rods icin.ii munufacture)
Pigs or Bars Picul 30.69
0.35%
124 over
Nails, T \i .indiameter O.0.23 O.f 2
125
126 1 ig andWire
Pipes, Tubes,
and Cut......
Kentledge
and Pipe... P.
Value 33%
l
127 and
Plate Tube
Cuttings Fittings
(includ- Value o% Nickel , Picul
ing rcrap lots of mix- Quicksilver
ed.pective
dimensions,
- f size, irres-
;n1 Compound Value 5%
c op;lings
Tees and ofAngles)
i hannels, Picul 0.13
Ingots and Slabs Vt-lue 2.30
Picul
REVISED IMPORT TARIFF
Name of Article.
!j White Silver:— Metal, or German
Bars.Ingets, and Sheets j Beef, Corned or Pickled,
in barrels
Wii Birds’ Nests RefBlack
(inch Nests,
Clarified use) ! Catty 0.21
Zinc:— Birds’
| SheetsPowder (including
and SpelterPer-... Butterd GoodsWhite
^ ’..— ')... ■ |j f1.00
3.20
forated),Plates
Boiler Plates, and 202 Asparagus . IJ (Incldg.
Picul jj
Awabi
Food, Drink & Vege-
table Medicines. Cream & Milk, Eva- (mediate j weight
ot im- IH
Fishery and Sea Products.
poratedTable
Fruits, orSterilised
& Pie paclung))1 || 0.85
Agar-agar Milk, Condensed
Canned Goods, ...Un- ILCO
Awabi,
Bicho dein hulk Mar,Spiked Black,... enumerated Value 5 %. 1
Chocolate
Cocoa
17 „ Black, Spiked not... 2.50 Coffee
17: „ White ... 1.00 Currants Preserved,
Fruits, and Raisinsin Picul 1.50
17!
17' Cockles,„ Fresh Dried 0.96 Glass, etc. : Value I 5 %
171 Compoy Honeyand Jellies
Jams
17( Crabs’
Fish Flesh, Dried Lard, in bulk
i?i „ BonesCod, Dried (includ-
ing Boneless)
Macaroni
in bulk & Vermicelli Picul 0.87
17£ Margarine &-similar
made of <(U vegof ; juvo
18C „„ Dried&Smoked(not
Cuttle
inchCuttle-fish)
Dried Codfish
products
Vegetable Fats
Meats, RindDryand Salted i Value I 5 %
Dried
181
182 „„ &Herring,
Fresh Salt. Pork
Sausages,
18;! „ (i.e.,Maws,weighing
1st Quality1 Soy Picul Jj 50.50%
Value
184 ,, (i.e.,cat. or over
2nd p.Quality
Maws,weighing piece ) '\Substances,
Cereals, Fruits, Medicinal
un- Seeds, Spices
and Vegetables.
185 der 1 cat. p. piece) | Aniseed, Star :—
186 „„ enumerated
Salmon
Salt, notBellies
otherwise... | Picul i 0.21 a. 1st
Hk.Quality—value
Tls. 15 and over jJI Picul
187 „ SkinOysters, and j » | 0.88 per
b. 2nd picul
Qunder
u a 1 i t Hk.
y— I
188 Mussels, value
189 Clams, Dried
Prawns Tls. 15 per picul ... ;|| ,, 0.50
Dried, inand bulkShrimps, Apples, Fresh
Asafoetida 0.50
190
191
192
Seaweed, „, Prepared Cut
Long Barley,
Beans Pearl
and Peas ! Value
j „„ 5 %
193
194 Value i 5 % Bstelnut Husk,
Betelnuts, Dried Dried..'i Picul „„ jI 0.20
0.31
195 Sharks’ „Fins,
i Value notnotprepared.
„ Hk.
over : — Picul | 12,50 Bran
Camphor (Lauras Cam- \ 0.08-
Tls 30 per Hk picul... phora),
fined Crude
(incldg. or
Shaped)Re- „
'. Value
30Tls.but140over Tls. Camphor, Baroos,
notperoverpicul...
Hk. Camphor,
fuse CutcheryBarocs,CleanRe- ;i Value
Catty
. Value over
140 per picul H k. Tls. Capoor
Cardamom Husk Picul,, 5%
GoiidsProducts,
and Groceries. Canned Cardamoms,
Cardamoms, Inferior
Superior... ... „
,, 1.50
15.50
196 5acon
197
;ing Powder bulk
& Hams, in Cassia Lignea
Cassia Twigs and Budsj ',„', 0.10 1.20
EEVISED IMPOST TARIFF 41
Name of Article. Tariff Unit and or Abticlf,. Tariff Unit and
Per Hk.1
240 Cereals and FlourMaize,
(in-
m.
Per Tls.
260 Morphia in all forms ... Picul Tls.
Value 0.41%
cluding Barley, 261 Mushrooms Picul 53.70
Millet, Oats. Paddy, 262 Nutmegs
Rice, Wheat,
Flour Buckwheat
made therefrom; and Olives..
Opium, Tincture of Value 51.70%
also
Buckwheat and
Flour, 265 Oranges, Fresh Picul 0.41
Cornflour and Yellow 266 Peel,
Pepper, Orange,
Black in bulk... 0.89
0.48
CornHovis
and Meal, Rye Flour;Flour,
but Pepper, White 0.93
not including Arrow- Potatoes,
Putchuck Fresh Value
1 icul 2.80%
5
root and Arrowroot 270
271 Seed, Apricot
Flour,ea,Cracked
Horn iny.Wheat, 272 Seed, Lily Flower—i.e
Germ
Barley, Potato Pearl
Flour, Lotus-nuts
Husks without, 1.10
Quaker
Oats, Oats, & Rolled
Sago Sago Seed, Lucraban 0.24
Flour,ShreddedWheat, Seed,
Seed, Melon Fir-nuts
Pine—i.e. 0,41
1.0024
Tapioca & Tapioca 275
276 Seed, Sesamum 00.06
241 Flour, & Yam Flour) Sugar Cane
242 Chestnuts
243 China-root
Cinnamon,
Value 1.60
Picul 4.50 Vegetables,
pared and Salted Dried, Pre- Value
5%
244 Cloves,
245 Cloves, in inbulkbulk
Mot&er 0.90
0.37 Sugar.
246 Cocaine Value 279 Sugar, Brown, under
247 Galangal Clarified or Picul 50.20% No. &11“ Green
dard DutchSugarStan-
248 Ginseng,
not Clarified (including 280 Sugar,
10(incldg.Refined
Dutch over No.”
White, Standard
Beard, Roots A Cut- 0.32
tings,but
Wild not
Ginseng):— includ in g 281 Sugar
Loaf White, CubeSugar) and 0.79
a. 1st Quality—value Sugar Cane Candy(see also 277) 0.45
0.05
over Hk. Tls.
per Quality—value
catty 35 Catty 2.60 Sugar
b. 2nd Wines, Beer, Spirits,
Waters, etc. Table
over not
and Hk. Tls. Hk.25 Champagne Aunder
any other C Case ol | 1.30
35 perovercatty...
Tls.Quality—value
c. 3rd
Wine
label “sold Champagne the-j
” ( 24 i-bts. 0.55
over Hk. over
Tis. Hk.11 284 Sparkling Astis 0.65
and
Tls. not
25 per catty... 0.90 285 Other
286 StillWhite, SparklingRedWinesor
Wines,
d. 4th Quality—value the exclusively
producefermenta-
of the
over notHk.overTls.Hk.6,
but natural
Tls.Quality—value
11 per catty... tion
includingof GrapesVins (notde
e. 5th Liqueur):—
over
but Hk. Tls.Hk.3, a.6. InIn bulk
bottles 0.42
f. 6th 6notperover
Tls.Quality—value
catty ... Imp.gal.
Case of 0.063
not over 287 Port Wine, in bottles £ 24 |-bts. 0.70
12 bts.oi |
catty Tls.
3 perWild Hk. 288 Port Wine, in bulk ... Imp.gal. of |0.23
249
260 Ginseng,
Groundnuts, inShelled Shell ...... Value
Picul 50.17% 289 Marsala, in bottles ... ^ 1224Casebts.or4-bts. 0.40
251 Groundnuts, 290 bulk other Imp.gal. 0.16
Marsala,de inLiqueur
262
263 Hops Value 50.23
% 291 Vins
than Port and Marsala
254 Lemons, Fresh ...
256
Isinglass, Vegetable Picul
1,000 3.70
1.70 (viz.,
Sherry,Madeira, etc.) :—Malaga, of
Lichees, DriedDried ... Picul 0.73
Lily Flowers,
Lungngan Pulp 0.94 a. In bottles | 1224Casebts.or 4-bts. | 0.17
0.61
Lungngans, Dried 0.63 b. In bulk '.. Imp.gal.
42 REVISED IMPORT TARIFF
Per Hk. Tls. Value4.50over Hk.
Vermouth, Byrrh Quinquina and f 12 litres [0.38
(. Imp.gal. Tls. but 6.50
not
„ in bulk 00.9413 overl,0u0
per Hk. Tls.
Sake, inin barrels
*Sake, l bottles
10 ffoBeer,
shoCider,
=- 3.175 pints. 12Ficul
$Ko* ! 0.47 Value
Tls. 3.00 over Hk.
but 4.50not
Ale, Perry over
per Hk. Tls.
1,000
&of similar Liquors made Value1.50over
Fruits & Berries:—
In bottles •l | 0.094
/• Tls.
over Hk. butTls.Hk.
not3
per 1,000 0.11
' |j Porter 6. In casks
and Stout, I 12qts.orrep.e&l.24 j0.029
Imp.
0.21 g. orValueHk.lls.
less per 1,000...1.50 0.06
() Porters in bottles& Stouts, incasks rep. pts* 0.05
i Iinp.gal, Cigars:—
Brandy, Cognac and a. Tls.
Value40 perover1,000...
Hk.
j Whisky, in bulk 0.20 b. Hk.
ValueTls. 40nobp. 1,000
over 3.00
) j| Brandy and Cognac, (( | 0.84
in bottles
0.70 Snuff Leaf:— Value 61.30
%
![ |j Whisky,
Gin,
in bottles
Gin, inin bulk
bottles 0.38
0.15
Tobacco,
a. Tls.
Value over Hk.
I, Rum: Case12 | 0.44 1. Value60 pernotpicul...
over Picul 4.00
1.50
Hk.Tls.60 perpicul
In bottles .
6. InRumbulk (not inch rep.of qts. Tobacco,
a. under Prepared
In tins or :—
packages
for industrial
purposes only)Aqu-... b. In bulk5 lbs.
(notoreach...
pack- Value 6%
Other
avit, Spirits—i.e..
Vodka, Punch, ed in tins tin- 3.60
etc.:— lined
Tobacco, Stalk cases).. Picul
a. In bottles ...... ^ rep.Case 12 j 0.65
of qts. Chemicals and Dyes.
b. In bulk Imp.gal. 0.22 Chemicals.
Liqueur | 0.70 Acid, Acetic in pack-
Waters,Table,Aerated „ Boracic,
and Mineral (.( ages of7 lbs.
than not each
less
j Spirits
Rectified of Spirits
Wine and or ,,„ Hydrochloric
Carbolic Value 50.96
%
Alcohol (including
I Unsweetened Arrac Muriatic; in bulk.(i.e
:! WoodMethylated Spirits,u, „„ Sulphuric..
Nitric Picul 0.24
0.55
Fusel Oil)Alcohol
sec 341. and Ammonia,„ Chloride in bulkof—i.e., 0.1&
1.10
Tobacco. Sal
„ Sulphate Ammoniac.of ...
' Cigarettes:—
a. Tls.
Value12.50over Hk. Bleaching Powder—i.e..
per 1.000 Chloride
Borax, Crudeof Lime
or Refined
and all Cigarettes Calcium, Carbide ofof 0.48
0.40
not bearing a
tinctive onbrandeach dis-or Copper, Sulphate 0.52
name Glycerine
of noteachlessin packages
than ;8
b. Cigarette
Value8.50over
Tls. Hk.
but12.50
not Hide lbs. Specific 1.60
5%
over Hk.Tls. Manure,ical, or Artificial,Chem-
Animal, not
j c. Tls. per 1,000
Value6.50over Hk. otherwise enumerated
Naphthalene
i per Hb. but
over1,000 not
Tls. 8.50 Potassium, Bichromate
1.20
Saltpetre 0.78
REVISED IMPORT TARIFF 43
Soda Ash Candles, Gums, Oils,
„ Bicarbonate
bulk of, in 0.29 Soap,Wax, Varnishes,
etc.
„„ Caustic 0.36
0.16 Beeswax, Yellow. See 400.
Crystal
„„ Nitrate
„ Concentrated 0.33 Candles
of (Chile 0.41 Candlewick
Gasolene, Naphtha and
Saltpetre)
„ Silicate of 0.20 Benzine. Mineral^
Sulphide of and 0.26 In case
Spirits
Rectifiedof Wine
Spirits or l gallons
Alcohol ^including
Unsweetened Ar- Imp.
gallon b. In bulk... j 10galls. Am.
rack. Methylated Grease, Lubricating,
wholly or partly mineral 0,45
Spirits, Wood
cohol and Fusel Oil) Al- GunaiArabic 1.00
3.20
Dyes and Pigments. „,,„ Olibamim
Dragon’s-blood
Myrrh 0.55
Aniline Dyes not other- Value
wise Mangrove
Bark. enumerated Picul 5tU3% „„ Resin Shellac
Lac Fueland Button 3.50
„„ Yellow
I'lum-tree 0.19
0.25 ,,Oil, Castor,
Liquid Ton 0.97
Picul 1.00
Blue, (for Dyeing) 2.40 „„ Coconut Lubricating
,, Medicinal... Value 50.50%
BronzeParis
Carbon Powder
Black
or Prussian
(i.e.,Lamp-
3.50 Hardened Picul
Valueo<
black) „ Kerosene:— Case
2eachtins,of | 0.14
Carthamin
Chrome Yellow In c
CinnabarOxide gallons v) 12
lOAm.'
Cobalt, of b. In bulk galls.
Cochineal
Ctmao oror False Gambier Tins, empty Tin ) 0.008 °-
Cut
Dyes -hand Gambier
Colours, Un- d. empty
Case tins and two Each 0.024
classed 52.90% Oil Linseed Imp. gal. 0.067
Gamboge
Green, Emerald, Schwe- Oila.Lubricating:—
Wholly or partly Am. !; J1 °-021
f( gallon
infurt, (Orpiment)..
Hartall or Imitation of
b. Other mineral origin
kinds, not
Indigo,
! taining Artificial, con-
not more(higher
than otherwise enumer- , | 0.029
ated
I 20°/ o Indigotin
strengths in propor- Oil,
Soap, Olive, in bulk and Imp.gal. i 0,14
Household
tion) Dried, Natural,.
Indigo, Laundry
Blue Mottled), (including
in bulk,
Indigo, 6.60
Indoin Liquid Natural
I Laka-wood
0.41
50.20%
Bars,
duty
nominal
and
to be Doublets:
charged on
weights,
SJ Lead,
YellowRed,Extract...
Logwood
White and
0.65
provided bethatnot
weights
than true
such
less
| Nutgalls 0.77
1.00% that alessBarweights and
does7 oz....
not Picul | 0.66
jI Ochre
Safflower
Sapanwood
50.66 weigh than
Soap, Toilet and Fancy Value Picul 50.90%
II Turmeric
Smalt 0.19 Stearine
Turpentine: —
2.00
0.20 a.b. Vegetable
Mineral
Ultramarine
Vermilion 1.40 Wax, Bees, Yellow
I White „ ZincArtificial 54.50% „„ Paraffin
Vegetable
44 REVISED IMPORT TARIFF
Per m.
Tls.
Books, Maps, Paper, Paper, Unglazed
StrawboardTissuePlain. Picul 0.17
and Wood Pulp.
403 Books, Printed and M.G. Bleached
script,
bound BoundororManu-
(including Un-
Tele- i Sulphite,
Mechanical freeWoodof I
graphic Code Books,' „ Art Pulp
Writing, Drawing, j;j „
PictureBooksBooksfor tea-
Copy and Printing,
ching
Drawing, Writing
and and
Books Bank-note,
ment, Parch- jl
Pergamyn,
for teachingbutMusic
Children, in-to
notMusic and Grease-proof.,
r„ Unenumerated ... j „
i Value
cluding other
Boots, Ledgers, and WWood
ood Pulp,
Pulp, Mechani- ; Picul
Chemical... j
| other
Privateoffice. School, and
Stationery) ... cal:—
a.b. Wet
Dry (not contain- jj „
404 ; Charts
cluding and Maps
Outline (in-
Maps, ing lessmoisture'
than 40) 1j „
Relief M aps.andGlobes,
and MEducational
odels Charts per cent,
for
poses, such as the pur-tea- Animal Substances,
ching of Anatomy, etc. Raw and Prepared.
405 Newspapers&Periodicals
406 Paper,Bleached
Cardboard, Pure j|
Sulphite, | Picul Hides,SHnsLeather
(Furs).and
Uncoated
407 I „ binsCigarette, on bob- !| Hides, Buffalo
or rolls
eluding orweight (in- Leather Beltingorand Cow. 51.20%
408 i „ bobbin,
Common roll) ...of j! ,,
Printing
„ Enamelled,
Calf Kid,
Ja-
(containing Wood Me- panned,
and/or Patent,
Coloured.
chanical Leather,ed,Cow, Japanned
Enamell-
orPulp), Calendered
Uncalendered,
Sized oror Coloured
Unsized, Picul and Patent
„ Sole:-
, White
Coated and / or a.b. Other
Bellies & Shoulders Picul
or both sidesonFlint,
Enamelled
Glazed.either
one 1.00 Skins (Furs), Beaver ... Value 5%
Friction, or Plated, »„ Fox
& Marbled
M.G. Paper...or „ j 1.50
Cap, White Arctic
Coloured, made White
Fox Legs
chiefly
cal Wood of Mechani-
Pulp ... ,, Red
412 „ ping.PackingandWrap- Goat,
„ Tanned..
Untann-
Coloured Brown(includ-or ed
ing Kraft Paper).. Hare
Lamb & Rabbit
413 „ Printing,
Mechanical (free
Woodof „ Unborn.
Pulp), Calendered Land-otter
Lynx
orSizedUncalendered,
oror Coloured
Unsized, Marten, Un-
White tanned
Musquash
(including
and M G. Simile
Poster, Raccoon
but not including Sable
Sheep, Untann-
Printing Paper
otherwise
erated) enum-
REVISED IMPORT TARIFF
Namr or Akticlr.
Bones, Feathers. Hair, Ordinary,
(includingManufactured
any process j
Horns,Tusks,
Shells,etc..Sinews, further than simple j
sawing, but ¬Spars):
cluding Masts in- |
Bones.Bezoar,
Cow Tiger Indian
Crocodile
Scales and Armadillo Hardwood :
Elephants’ Tusks,Whole Picul
or Farts of Kingfisher,
Feathers, .1.... Catty 0.19 . Clear,
measure, on notnet*)| |: 1.000
Whole Skins... 0.61 over Hk.Tls
in1,00ovalue 175 !j sup.
per
„ Kingfisher,
Skins Part
(i.e.,Wings, sup. ft.,JN:
Tails.or Backsj... B.M
„ Peacock 50.40
% . Merchantable,
net measure, on
Hair,
„ Horse
„ Tails 2.40 over Hk perTls.1,n1250(i>i ||
Horns, Buffalo
„„ Deer and Cow. j} 3.80
0.65 insup.value
ft , B.Jil.......
„ „,, Old Young,
thern Nor-
j
„ „ Young, Sou- | Pair
Musk thern 59.60X a. Clear,
measure on i
Sea-horseCowTeeth | Catty h. Merchantable,
Sinews, and Deer... jI ValuePicul 01.60% net measure ...
Ordinary,Sleepers....
Railway Masts & Spars j Value
Timber, Wood, Bam- Teak-wood, Beams,... sup.
boos, and Rattans. Planks and Logs ft.,
B.M.
Wood, Bamboos and
!
^1 |[ pieces
1,000 Rattans.
Ordinary Canes, Bamboo 0.57
Teak and(notWoods),
including
other en- '|j Rattan
Rattans, Skin
Core
1.20
0.71
umerated
Rough Hewn, & Round j „ Split or Whole 0.72
LogS:- Wood, Camagon
„„„ Ebony
Camphor 50.22%
Hardwood, Fragrant
Hk. Tis.pernot751,0001
overin h( ,| S 1,000
f „„ Kranjee
Garoo 50.15%
sup. ft, B.M. ...... J .P--'
value B.M. Wood, Laka.
Wood, Oil- See 364. ...
Lignum-vitae
Wood Puru Picul 0,11
0.23
„„ Red and Rose ...
Ordinary, Sawn : — j „ Sapan.Sandal
„ Dust Value 50.62%
Hardwood, not100 overin J Wood, See 3TO....
Hk. Tls.
value per 1,000 sup. ;
ft., B. M 2.40 Wood, Scale Sticks 0.011
5%
Scented
Shavings, Hinoki
Softwood I 1.90 Veneer
REVISED IMPORT TARIFF
Namb ok Articlk. Nam« ok Abtici-k.
In tinsmeantTariff,theby wood
Soft- Glass Per
wood
ofandanyofis coniferous tree mon, Window,
not over 20Com- oz. )[ sq.100It.
all ortriesspinous
with in weight
Glass per sq. ft. J
“needle”
leaves, t.g.. Pines, Firs, MirrorsWindow,
(see alsoColoured
672) ... Value 51.00 %
Spruces, 1 .arches,Cedars, Stone & Manufac-
Yews, Junipers,
Cypresses. odandof
The w-broad tures of Earth.
all trees with Cement Sand
Corundum
leaves is to be classed as Emery
Hardwood. (see also& 545)
Glass Powder
0.12
Coal, Fuel, Pitch, Eihery-cloth,
over 144 squaresheetinches
not
and Tar. (see also 560) Ream 0.53%
Fire-bricks Value
492 Charcoal
Coal jI Picul
Ton
Fireclay
Flints (including Flint Picul 50.061
.LiquidBiiquettes ; Value Pebbles) 0.04
Fuel. See 387 j Sand-paper,
over 144 sq.sheet
ins. not
(see
495 j! Tar,
49b PitchCoal !j i i i also 576
cu Tiles 0.20
Chinaware, Enamel- ' 5%
ledware, Glass, etc. Miscellaneous.
Asbestos.
Basins, 2 | Asbestos Boiler Com-
13 ins. inTin.diameter
Chinaware
not over... Gross position
Asbestos Fibre and
Enamelled
Basins, Ironware:
Bowls, Cups— Value Metallic Packing
Asbestos Mill board
Asoegtos Sheets and
«.andNotMiurs:
overin diameter
11 centi- Packing Yarn
Asbestos
b. meires
Over 11
but not over c.-metres Bags, Mats, and Matting.
c.-metres in dia- Bags, Colton,
Bags, New 2,60
meter
Overn22t...c.-metres
e. but also 61)Gunny,
Bags, Gunny,
New (see
oid (see 0.41
c. m^tres in dia-36
meter
over also 62)Hemp or ' Bags,
d. Other Ironware, New Hemp
Bags, I sea alsoor63)Hessian,
Enamelled
Unenumerated Old (see alsoand
64)
Glass and Crystal Ware Bags, Straw
Mats, Fancy
Coir (Door)Grass.*' Dozen 1,000 5°/o
1.5o
0.62
Glass,
1. each: Plate.over
Not Silvered:—-
5 sq. ft Mats, Value
Mats, Formosa Grass 6%
а. Unbevelled
Bevelled (Bed)Rattan 0.49
2.б.Over
Mats,
Mats, Kush ”* 10O 5 %
5 sq, ft. each .-
a.b. Unbevelled
Bevelled Mats, Straw
Mats,
Matting,Tatami
Coir, 36 iris,(i Roll Eachof
Glass
1. No Plate,Unsilvered: by 100 yds 100yd.
each :over 5 sq. ft.
a. Unbevelled
Bevelled
Matting,
by 40 ydsStraw, 36ins.^( Roll 40 yd.of
b. ... 0.045
0.03
2. Over 5 sq. ft.
a.h. Unhtveiled
Bevelled ... each: I Buttons.
Buttons,
Jewellery,Fancy etc.) (Glass, Value j 5 %
REVISED IMPORT TARIFF
NAM* OF ABTICI.E.
529 II Huttons, Motal (not iiof Match-making
j eluding
Precious
plated
those
with
made
Metals
Pieciousor Chlorate ofMaterials:—
Potashder.
Metals) Porcelain .. Gross 0.01
i Buttons, Emery
Labels & GlassPo«
0.017 Phosphorus
Buttons, Shell Gross 0.0:9
401)ix. Paraffin
Wood Shavings
(see also 0.38
0.18
,. Splints 0.16
Fans, Palm-leaf. Fancy Coarso Metal Thread.
„„„ Paper„„ or Cotton... Fine... Thread,Gold,
on Cotton Imitation, Catty 0.21
„ Silk & Sunshades: Thread,
tion, on bilver. Imita-
Cotton 0.12
Umbrellas Thread,Gold
^j WorMetals, ithpartly
Handles wholly
of Precious Imitation, onandSilkSilver, 5°/o
Ivory, Mo- Sundry.
||| toiseshell.
ther-of - Pearl,’' Tor-
Agate,etc., Amber
Bamboo Baskets,
or Jewelled boo Blinds, and Bam-
other
jI! With allCotton
a.les,over
all
Length
other : Hand-
of rib not
Bamboo
Bent-wood Ware
Chairs
17 ins Coir
Cordage Yarnand Twine
With 17alli: otherribHand-
Length of o’ 0.032 Cornelian
,, Beads Rough
Stones, 100 0.30
les, Mixtures, not Silk 0.086 Emery-cloth,
over 144 sq.and sheet not
ins
With Ream 0.63
Silkalland<’ther Handles,
Silk Mixtures 0.13 Furniture
Woodware other
Value 5°/o
Files and Needles. Glue
Fish (not including
Glue)
Files of allsurface
kinds :—only, Glue, Cow, Refuse Picul 1.60
1.00
a. Filing Glue,
India Fish 4.00
not overi-urface
b. Filing 4 ins. only,
long percha,rubberandGutta-
India-rubber.Crude Old or
over 4 ina.
over 9 surface but not...
ina. longonly, Waste
c. Filing Inks
Insect ofPowder
all kinds
over 914ins. ins. but not... Lauipwick
d. overFiling14surface longonly, Leather
Machines, Burses
Sewing and
Needles, Hand-sewing.....
over ins. long 5062% Knitting
Mirrors Value 5 °/0
Matches Moulding, Picture
making and Match-
Materials. Oakum
Rope
Matches, Wood, Safety Sand-paper, sheet
ora. other:—
Small,2 ins.
in boxes not over 144
Shoes and ins. not
sq.boots 0.20
over by 1J ins. Starch Value 5%
by £ m
b. Large, in boxes r 6% Sulphur Picul
not over 2) Jins. Tinder
c. byIn 1)boxes
ins. bywhose in.di-5 | 0.86 Worm
tles, notTablets,
over 60inpieces
Bot-
mensions
any one ofgiven exceed
the un-di- Unenumerated
mensions Goods.
der (b ) above Value 5% Unenumerated Goode...
REVISED IMRORT TARIFP
RULES
Rule I.
and theImports
value imenuLU'
upon which :rated
Dutyin this
is to Tariff
be will payshall
calculated Dutybeatthe thewholesale
rate of 5 per marketcent,value
ad valorem;
of the
goods
considered in local currency.
to beofhigher This market
than the Duty-paying value when
value by the amount of the Duty on theshallgoods
converted into Haikwan Taels be
and 7 per If cent,
the goods thehaveDuty-paying
been sold value
before of the goods.
presentation to the Customs of the Application
pay Duty,value.
market the gross
Should amount
the of the
goods have bond
been fide
sold contract
on c. f. will i.beterms,
and acceptedthat ass evidence
to say, of theto
without
inclusion
value forI heinDuty-paying
the price ofpurposesDuty andwithout
other charges, such mentioned
c. f. and i. inprice shall be taken as the
tion of importer,
imported goods, if dissatisfied
or the withofthethe
amount Duty
deduction
decision
or of theassessed
charges asthe
Customstherebin, to the preceding
may, orparagraph.
valuewithin classifica-
twenty
days
writing afterwiththethefilingcommissioner
of the Application to pay setting
of Customs, Duty orforth otherspecifically
Customs entry, file a protest
histheobjection thereto.in
Pending
the deposita final decision
of fullin Duties in the case,
and ofsuch the merchandise may be released to importer upon
provided
ofwithin the case,
the merchandise fromthe Customs
opinion the additional
custo Customs,
ly.decision,
Duties
Uponcanthe befilingas maysatisfactorily
heard ofprotest
be claimed after
protestisthe
by thetheCustoms,
commissioner release
shall,
fifteen days thereafter, review his
shall be referred to a Board of Arbitration, composed as follows :— and if the not sustaiue the case
An official of the Customs ;
A merchant selected by the Consul of the importer; and
A merchant,
Consul. differing in nationality from the importer, selected by the Senior
shall Questions
be decidedwithin byregarding
thefifteen procedure,
majority. Thetheetc.,
final which
findingmay of arise during the
theincluding
majority of thesittings
Board, ofwhich
the Board
must
beuponannounced
both parties. Each of days
the of
two reference
merchants on (not
the Board will holidays),
be entitled will be binding
Haikwan Taels.
sustaining that Should theshould
valuation, Boardit sustain
decide the Customs
that thethegoods valuation, in the event byof Ten
to
havewillbeenor,payundervalued
a fee of not
the
importer
wise, the to
fees the extent
will be of
paid not
by less
the than
Customs, 7^ per cent.,
should the importer
Board decide that thecorrect
the fees ; ifvalue
other-of
the
claimedgoods to is
pay 20 per
Duty, cent,
the (or
Customsmore) higher
authorities than
may that
retain upon which
possession the
of importer
the goods originally
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
and Silver, both Bullion will and
not Coin;
be liablePrinted
to ImportBooks, Duty : Foreign
Charts, Maps,andRice, Cereals,and
Periodicals andFlour; Gold
Newspapers.
Coins A freight orwillpart
excepted; freightof
render the Duty-free
vessel carrying commodities
them, though (Gold no otherSilver
cargo Bullion
be on and Foreign
board, liable
to TonnageDrawbacks Dues. will be issued for Ship’s Stores and Bunker Coal when taken on board
Rule III.
authorisedExceptto :atpurchase
tbe requisition
them. of thetrade
Import Chinese Government,in all
isPermit
prohibited or for
Arms, saleAmmunition,
to Chinese duly
Munitions of War of every description. No to land them will be until and
issuedInfraction the
ofCustoms
this rulehavewillproof
is absolutely prohibited.be that the necessary
punishable by authority
confiscation Of hasthebeen
all goodsgivenconcerned.
to the Importer. The import of Salt
Rule IV;
the The
ofdruggists, importation
following
and! articles
chemists:
ofisOpium
Morphia
and Poppy
prohibitedand except
Cocaine
Seeds
under
and
is absolutely
bond by qualified
Hypodermic
prohibited.
Syringes' medical
;
Thepractitioners,
importation
Anti-Opium Pills
containing
CannabisandIndiCa, Mobphia,
TinctureOpium,of orOpium,
Cocaine; Stovaine,Codeine,
Laudanum, Herqin,Dionin,Thebaine, andGhanja,
all otherHashish, Bhang,
derivatives of
Opium Cocaine.
CUSTOMS' TARIFF ON EXPORTS 49
TARIFF ON EXPORTS
(As annexed to the Tientsin Treaty of 1858)
j Tariff Unit and Duty. • aKd Duty.
j Per T.0 m.10c. c.5
Alum 00 0104 50 Galangal ; Picul
„ Green
Aniseed, Staror Copperas 00 52 05 00 Garlic Ginseng,,..•Corean
Native or Ja-. valorem •» 50p.0cent. 30
„ Broken 50 04 05 00 pan, 1st quality 3( Catt 0 5 0 0
Oil „ 2nd quality... Picul 00 35 05 00
Apricot Seeds, or Almonds
Arsenic 0 4 5 0 Glass,, Beads
!115 0 0 Glass or Vitrified Wire 02 55 00 00
Artificial
Bamboo Ware Flowers ... 00 75 05 00 Glassoloth, Fine
Bangles, orPeas
Glass Armlets „ Coarse 00 7105 00
Beans and 00 0Q 63 05 Ground-nuts „ Cake h. 0030
Bean Cake
Bone
Brass and Horn Ware .
Buttons 315 0 0 00 Gypsum,
0 , Plaster ofGround,
Paris pr )) 0030
„„ Foil
Ware
15
1.1 01500 O00 Hair,
Hair, Camels
Goats :.. .. 001051805 000
„
Camphor Wire 0 7 5 0 Hams
Hartall, or Orpiment,... 00 33 55 00
Canes
Cantharides Thousand
Picul 02 05 00 00 Hemp Honey .... 00 99 00 00
Capoor Cutchery 03 35 00 00 Horns, Deers’, Young Old .
Carpets and Druggets .
Cassia Lignea 00 68 00 00 India Ink 411300 005 000
Twigs 09 00 Indigo,
1 5 00 Ivory Dry
Ware .... 00 2150 00
Castor Oil-
Oil 0 2 0 0 Joss-sticks
Chestnuts 00 100 Kittysols or Paper
UmbrellasWare .3 Hundred | 0500
China Roots
Chinaware, Fine 0 4^0 13 0 Lacquered
9 0 0 Lamp wicks(Minium} , Picul 001 063 005 000
„ Coarse 0 Lead, Red,
Cinnarbar
Clothing, 0 7 5 0 „„ Yellow, White, (Ceruse) . 00 33 55 00
Coal „ CottonSilk 1001 005 004 000 Leather Pouches, Articles,
Purses
(Massicot}.
u
.... 15 0 0
•Coir
-Copper Ore 00 10 5 0 0 Lichees„ Green
0 001822 070 000
„„ and
Sheathing,
PewterOldWare 0 5 0 00 Lily„ Flowers, Seeds....,or Dried , 00 5130 05
• Cotton,
Corals, False
Raw 00115 33 55 00 Liquorice
Lung-ngan .
Lotus Nuts
00 23 55 00
Cow „ Bezoar
Rags 00 03 46 05 Manure without Cakes, Stone.
Crackers, Fireworks . Catty
Picul 01 55 00 00 Marble Poudrette 0 090
•Cubebs Slabs 00 22 00 00
Curiosities,
Dates, BlackAntiques 5 p. cent. Mats of all kinds Hundred
rC)
„ Green
Red 0 15o Matting nr {40( llyardsj) 0 2 0 0
Dye,
Eggs, Preserved Catty 000 038 095 000 ’ Melon
Thousand Seeds Ware ! Picul
Mother-o’-Pearl Catty
00 10 100 000
Fans, Feather Hundred 0 7 5 0 Mushrooms Picul 15
„„ Palm
PaperLeaf, trimmed 00 03 46 05 Musk Catty 0 9 0 0
„ Palm Leaf, un-1 Nankeen
Cotton and Native}i
Cloths 15 0 0
trimmed ) Picul 0 2 0 0 Nutgalls 0500
•Felt„ Caps
Cuttings 0 10 0 Oil, as Bean, Tea, Wood, j 0 300
‘Fungus, or Agaric Hundred
Picul 0126 05 00 Oiled Cotton & Hemp Seed •
Paper 0450
CUSTOMS TARIFF ON EXPORTS
Taiufk Unit anu Doty.
Olive Seed Sea-shells. 00 03 09 00 Silk,„ Ribbons Piece and Thread!
Goods,—"1
Oyster-shells,
Paint, Green 0450 Pongees, Shawls,
Palampore, or Cotton ( Hundred 2 7 5 0 Scarves,
Satin, Crape, j(_
Bed 1st
Paper, Quilts
^nd quality ) Picul 00 74 00 00 Velvet andGauzes,
broidered Em- J|
Goods
Pearls, False 20 03 00 00 „ Piece Goods,—Sze-)
chuen, Shantung ji y00
Peel,
„„ Orange
Pumelo, 1st quality 00 4155 00 „„ Tassels 100 09 00 00
„ 2nd Caps
0 10 0 Silk and Cotton Mixtures Picul 105 00 00 00 Hundred
Peppermiut Leaf
Pictures and OilPaintings...
. Each 30 5100 00 Silver Snuff
Soy
and Gold Ware ... 00 48 00 00
Pictures
Rice Paper on Pith or \ Hundred
)... Picul 0 0 5 0 Straw 0 10 0 Braid 00 7120 00
Pottery, Earthenware Sugar,
„„ White Brown 00 22 05 00
Preserves,
Sweetmeats Comfits, and •* Candy
Rattans,
Rattan WareSplit Tallow, Animal
„ -(see-Vegetable 00 23 00 00
Rhubarb'
RicoMillet,
or Paddy, Wheat, 1 Teaend of theNoteTariff)
at the... )) 2500
Grains and other)> 0 10 0 Tin Foil Prepared
Tobacoo, 001241555 000
Rugs-of
Sauishoo Hair or Skin Each 0 0 9 0
0 15 00 Trunks, Tobacco,
Tortoiseshell Leaf Ware
Sandalwood Ware Catty 0152 00 00
Seaweed Seed
Sesaamun Picul 000 10 15
13 05 Turmeric
Twine,
Leather
Hemp, Canton ... 00 10 0-0
Shoes and Boots, Loiv-) „ „ Soochow... 0 15
ther Straw
Shoes, or Satin 5 Pair 3 0 0 0 Turnips,
Varnish, Salted
or Crude Lac- ) 0 18 00
5 0
Silks, Raw andfrom Thrown... 0500
„ Yellow,
chuen Sze- I. Picul 7 0 0 0 Vermicelli quer
Vermillion
) 02 5180 00
„ Reeled
SUk,„ Wald from
Raw Dupions 5 0 0 0 Wax,
2105 00 00 Wood—Piles, White or Insect ...
Poles, & )s Each 15 0 0
Refase
„„ Cocoons 3 0 0 0 Wood Ware Joists
Floss,otherCanton... Picul
„ from Provinces 104 30 00 00 Wool
practiceTEA.of the
—Coarte
.Shanghai nnfirei, Japavcne
Customs to chargeTea duty
imparted for localon Tea
ad valorem consumption.—Since
of this description.February, 1861, it has been the
Tea imported from Japan for t h e. purpose tf being refired
April, 1861, Japanese Tea imported for re-exportation has been dealt with at Shanghai and re-erporied to a Foreign
accordingcountry.—Since
to the followingtherule1st of
" Tea
will be allowed imported
a reduction into this port from
on the actual Japan for the
weight imported purpose of being refired and re-exported
Importtoduty,
a Foreign country
exported
provided a Drawback
that Certificate
Articlefordeclared."
the entire
of the amount of dutyof Twenty
paid perbe granted
GreatwillBritain
cent, onontheapplication and
usualwhen
in thewith, re-
andmanner,
the weights, &c.the, &c.terms
, beofcorrectly XLV. Treaty between and China be complied that
RULES
{Annexed to the Tariff of 1858)
Rule I.—TJnenumerated Goods.—Articles not enumerated in the list of exports,
■but enumerated in the list of imports, when exported, will pay the amount of duty
-set against them in the list of imports; and, similarly, articles not enumerated in
the list of imports, but enumerated in the list of exports, when imported, will pay
the amount of duty set against them in the list of exports.
Articles not enumerated in either list, nor in the list of duty-free goods, will pay
• an ad valorem duty of 5 per cent., calculated on their market value.
Rule II.—Duty-free Goods.—Gold and silver bullion, foreign coins, dour, Indian
meal, sago, biscuits, preserved meats and vegetables, cheese, butter, confectionery,
^foreign clothing, jewellery, plated-ware, perfumery, soap of all kinds, charcoal,
firewood, candles (foreign), tobacco (foreign), cigars (foreign), wine, beer, spirits,
-household stores, ship’s stores, personal baggage, stationery, carpeting, druggeting,
cutlery, foreign medicines, glass, and crystal ware.
will, The
withabove pay no import
the exception or export
of personal duty,gold
baggage, but,andifsilver
transported intoforeign
bullion, and the interior
coins,
. pay aAtransit duty at the rate of per cent, ad valorem.
freight, or part freight, of duty-free commodities (personal baggage, gold
■ and silver bullion, and foreign coins, excepted) will render the vessel carrying them,
though no other cargo be on board, liable to tonnage dues.
Rule III.—Contraband Goods.—Import and export trade is alike prohibited in
the following articles: Gunpowder, shot, eanuon, fowling-pieces, rittes, muskets,
pistols, and all other munitions and implements of warp-and salt.
Rule IV.— Weights and Measures.—In the calculation of the Tariff, the weight
of a picul of one hundred catties is held to be equal to one hundred and thirty-three
and one-third pounds avoirdupois; and the length of a chang of ten Chinese feet to
be equal to one hundred and forty-one English inches.
One Chinese chih is held to be equal to fourteen and one-tenth inches English ;
and four yards English, less three inches, to equal one chang.
Rule V.—Regarding Certain Commodities Jleretofore Contraband.—The restric-
tions affecting trade in opium, cash, grain, pulse, sulphur, brimstone, saltj>etre, and
spelter are relaxed, under the following conditions:—
1. —*Opium will henceforth pay thirty Taels per picul import duty. The
will sell it only at the port. It will be carried into the interior by Chinese only, and
only as Chinese property; the foreign trader will not be allowed to accompany it.
The provisions of Article IX. of the Treaty of Tientsin, by which British subjects
are authorized to proceed into the interior with passports to trade, will not
extend to it, nor will those of Article XXVII. of the same treaty, by which the
transit dues are regulated. The transit dues on it will be arranged as the Chinese
Government see fit: nor in future revisions of the Tariff is the same rule of revision
to be applied to opium as to other goods.
2. —Copper Cash.—The export of cash to any foreign port is prohibited
shall
another, be lawful for Britishwith
on compliance subjects to ship it atRegulation:—The
the following one of the open shipper ports ofshall
Chinagiveto
notice of the amount of cash he desires to ship, and the port of its destination, and
-shall bind himself either by a bond, with two sufficient sureties, or by depositing
* F°r Opium tlutj «ne Convention signed in 1883, also the Treaty
52 CUSTOMS TARIFF
such other security as may be deemed by the Customs satisfactory, to return, within
six months from the date of clearance, .t'o the collfector at the port of shipment, the*
certificate issued by him, with an acknowledgment thereon of the receipt of the cash.1
at the pore of destination by the collector at that port, who shall thereto affix his-
seal; or failing the production of the certificate, to forfeit a sum equal in value to
the cash shipped. Cash will pay mydivty'inwards,.or outwards ; but a freight or part
freight of cash, though no other cargo be on board, will render the vessel carrying it-
liable to pay tonnage dues.
3.—The export of rice and all other grain whatsoever, native or foreign, no matter-
where grown or whence, imported, to any foreign port, is prohibited; but these
commodities: may be-c^rriqd by , British merchants'from one of the open ports of
China to another, .under the. s&mp conditions in respect of security as cash, on pay-'
ment at the port, of shipment of the duty specified in the 'Banff.
No import duty will be leviable, on rice, of grain ; but a. freight or part freight of
rice or grain, though no-other cargo be on board, will render the vessel importing it
liable to tonnage duefe, .
4 —.♦The export of pulse and beahcalce from Tung-chau and Newchw'ang, und6r
the British flag, is prohibited.' Prom' any other of the ports they may be shipped, on
payment of the tariff duty, either to other ports of China, or to foreign countries.
5.—Saltpetre,' sulphur, brimstone, and spelter, being munitions of war, shall not
be imported by British subjects, save at the-requisition of. the Chinese Government,
or for sale to Chinese duly authorized to .purchase them. No permit to land them
will be issued until the Customs have proof that the necessary authority has been
given to the purchase. It shall not be lawful for British subjects to carry these-
commodities up the Yang-tsze-kiang, or into any port other than those open on the
seaboard, norto accompany them into the interior on behalf of Chinese. They must
be sold at the ports only, and, except at the ports they will be regarded as Chinese-
property.
Infractions of the conditions, as above set forth, under which trade in opium,
cash, grain, pulse, saltpetre, brimstone, sulphur, and spelter may be henceforward
carried on, will be punishable by confiscation, of all'the goods concerned.
litJLE YI.—Liability of Vessels Entering Port. For the prevention of misunder-
standing, it is agreed that the term of twenty-four Fours, within which British vessels
must be reported to the Consul under Article XXXVII. of the Treaty of Tientsin,
shall be understood to commence from the time, a British vessel comes, within the limits
of the port: as also the term of forty-eight hours allowed her by Article. XXX. of the ■
same Treaty to remain in port without payment of tonnage dues..
The limits of the ports shall be defined by the Customs, with.all consideration
for the convenience of trade compatible with due protection of the revenue; also the
limits of the anchorages within wrhich lading and discharging is permitted by the
Customs ; and the same shall be notified to.the Consul for public information.
Rule VIL—Transit Dues.—It is agreed that Article XXXVIII. of the Treaty of
Tientsin shall be interpreted to declare the amounts of transit dues legally leviable-
upm merchandise imported or exported by British subjects to be one-half of the tariff
duties, except in the case of the duty-free goods liable to a transit duty of 2| per cent.
ad valorem, as provided in Article II. of.these Rules. Merchandise shall be cleared
of its transit dues under the following conditions :—
In the Case of Imports.—Notice being given at the port of entry, from which the
Imports are to be forwarded inland, of the nature and quantity of the goods, the ship
* NOTIFICATION..
Article IV. of Rule
e Pulse and bean-cake
No. 5 appended
may/erms to
be henceforth the 1858 isBritish
exportedoffronrTungchow
Tariff CbxsuiiATK,• Shanghai,
rescinded.
andATNewchwang, ■ and from24thall other
March, 1862.
ports
2?charged
“
the Sth December
or
? the same
last, that terms unci
and conditions as are annllpH
applied t
to other n t i xr r
NativVprodu^^^a Y ~ v * / \ / I I , / > K«t Knnviinand
nnrChina
rloto
dis- -
date
at any Chinese pi ismtopayment
say, theyofmay be shipped
half-duty, with onpower
payment
to claimof Tariff
drawback duty ofatthethehalf-dutyport of shipment,
if re-exported.
By order, Wai.tbr H. Medhurst, Consul.
CUSTOMS TAKIFF 53
1oj from which they have been landed, and the place inland to which they are bound,
■ with all other necessary particulars, the Collector of Customs will, on due inspection
i made, and on receipt of the transit duty due,'issue’a transit/duty certificate. This
must be produced at every barrier station, and vised. No further duty will be leviable -
upon imports so certificated, no matter how distant the place of their destination.
It} the Case of Sports.—Produce purchased by a British subject in the interior
will be inspected, and taken account of, at the first barrier it passes on its way to the
port of shipment. A memorandum showing the amount of the produce and the port
at which it is to be shipped, will be deposited there by the person in charge of the
produce; he will then receive a certificate, which must be exhibited and vised at every
barrier, on his way to the port of shipment. On the arrival of the produce at the
barrier nearest the port notice must be given at the Customs at the port, and the
transit dues due thereon being paid it will be passed. On exportation the produce
will pay the tariff duty*.
Any attempt to pass goods inwards or outward otherwise than in compliance
with the rule here laid down will render them liable to confiscation.
Unauthorised sale, in transitu, of goods that have been entered as above for a
port, will render them liable to confiscation. Any attempt to pass goods in excess
of the quantity specified in the certificate will render all the goods of the same
denomination, named in the certificate, liable to confiscation. Permission to export
produce, which cannot be proved to have paid its transit dues, will be refused by the-
r Customs until the transit dues shall have been paid. The above being the arrange-
ment agreed to regarding the transit dues, which will thus be levied once and for all
the notification required under Article XXVIII. of the Treaty of Tientsin, for the
. information of British and Chinese subjects, is hereby dispensed with.
Rule VIII.—Peking Not Open to Trade.—It is agreed that Article IX. of the
Treaty of Tientsin shall not be interpreted as authorising British subjects to enter
the capital city of Peking for purposes of trade.
Rule IX.—Abolition of the Meltage Fee.—It is agreed that the percentage of one
Tael two Mace, hitherto charged in excess of duty payments to defray the expenses of
melting by the Chinese Government, shall be no longer levied on British subjects.
Rule X.—-Collection of Duties Under One System at all Ports.—It being by Treaty
at the option of the Chinese Government to adopt what means appear to it best suited
to protect its revenue accruing on British trade, it is agreed that one uniform system
shall be enforced at every port.
The high officer appointed by the Chinese Government to superintend foreign
trade will, accordingly from time to time, either himself visit or will send a deputy
to visit the different ports. The said high officer will be at liberty, of his own choice,
and independently of the suggestion or nomination of any British authority, to select
any British subject he may see fit to aid him in the administration of the Customs
Revenue, in the prevention of smuggling, in the definition of port boundaries, or in
discharging the duties of harbour master; also in the distribution of lights, buoys,
beacons, and the like, the maintenance of which shall be provided for out of the
tonnage dues.
The Chinese Government will adopt what measures it shall find requisite to
prevent smuggling upon the Yang-tsze-kiang, when that river shall be opened to
trade.
Done at Shanghai, in the province of Kiang-su, this eighth day of November, in
the year of our Lord eighteen hundred and fifty-eight, being the third day of the
tenth moon of the eighth year of the reign of Hien Fung.
[l.s.] Elgin and Kincardine.
Seal of Chinese Plenipotentiaries. Signatures of Five Chinese Plenipotentiaries.
* See Chefoo Convention, Section III. Article 4.
EMIGRATION CONVENTION
—
Between the United Kingdom and China respecting the Employment of
Chinese Labour in British Colonies and Protectorates
(Signed in London, Vith May, 1904)
Whereas a Convention between Her Majesty Queen Victoria and His Majesty
the Emperor of China was signed at Peking on the 24th October, 1860, by Article V.
of which His Imperial Majesty the Emperor of China consented to allow Chinese
subjects, wishing to take service in British Colonies or other parts beyond the seas,
to enter into engagements with British subjects, and to ship themselves and their
families on board of British vessels at the open ports of China in conformity with
Regulations to be drawn up between the two Governments for the protection of such
emigrants:
And whereas the aforesaid Regulations have not hitherto been framed, 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 Emperor
of China have accordingly appointed the following as their respective Plenipo-
tentiaries, that is to say :
His Majesty the King of the United Kingdom of Great Britain and Ireland and of
the British Dominions beyond the Seas, Emperor of India, the Most Honourable
Henry Charles Keith Petty-Fitzmaurice, Marquess of Lansdowne, His Majesty’s
Principal Secretary of State for Foreign Affairs ; and
His Majesty the Emperor of China, Chang Tch-Yih, Brevet Lieutenant-General
of the Chinese Imperial Forces, His Imperial Majesty’s Envoy Extraordinary and
Minister Plenipotentiary at the Court of 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 the said Plenipotentiaries having met and communicated to each other their
respective full powers, and found them iu good and due form, have agreed upon and
concluded the following Articles :—
Art. I.—As the Regulations to be framed under the above-mentioned Treaty
were intended to be of a general character, it is hereby agreed that on each occasion
when indentured emigrants are required for a particular British Colony or Protectorate
beyond the seas, His Bvitaunic Majesty’s Minister in Peking shall notify the Chinese
Government, stating the name of the Treaty port at which it is intended to embark
them, and the terms and conditions on which they are to be engaged ; the Chinese
Government shall thereupon, without requiring further formalities, immediately
instruct the local authorities at the specified Treaty port to take all the steps
necessary to facilitate emigration. The notification herein referred to shall only be
_ required once in the case of each Colony or Protectorate, except when emigration
under indenture to that Colony or Protectorate from the specified Treaty port has
not taken place during the preceding three years.
EMIGRATION CONVENTION
Art. II.—On the receipt of the instructions above referred to, the Taotai at the
'port shall at once appoint an officer, to be called the Chinese Inspector; who,
altogether with the British Consular Officer at the port, or his Delegate, shall make
'JJtknown by Proclamation and by means of the native press the text of the Indenture
ftwhich the emigrant will have to sign, and any particulars of which the Chinese officer
reconsiders it essential that the emigrant shall be informed, respecting the country to
t’a which the emigrant is to proceed, and respecting its laws.
Art. III.—The British Consular officer at the port, or his Delegate, shall confer
with the Chinese Inspector as to the location and installation of the offices and other
necessary buildings, hereinafter called the Emigration Agency, which shall be erected
or fitted up by the British Government, and at their expense, for the purpose of
carrying on the business of the engagement and shipment of the emigrants, and in
which the Chinese Inspector and his staff shall have suitable accommodation for
carrying on their duties.
Art. IV.—(1.) There shall be posted up in conspicuous places throughout the
Emigration Agency, and more especially in that paid of it called the Depot, destined
for the reception of intending emigrants, copies of the Indenture to be entered into
with the emigrant, drawn up in the English and Chinese languages, together with
copies of the special Ordinance, if any, relating to immigration into the particular
Colony or Protectorate for which the emigrants are required.
(2.) There shall be kept a Register in English and in Chinese, in which the names
of intending indentured emigrants shall be inscribed, and in this Register there shall
not bo inscribed the name of any person who is under 20 years of age, unless he
shall have produced proof of his having obtained the consent of his parents or other
lawful guardians to emigrate, or, in default of these, of the Magistrate of the district
to which he belongs. After signature of the Indenture according to the Chinese
manner, the emigrant shall not be permitted to leave the Depot previously to his
embarkation, without a pass signed by the Chinese Inspector, and countersigned by
the British Consular Officer or his Delegate, unless he -shall have, through the
Chinese Inspector, renounced his agreement and withdrawn his name from the
register of emigrants.
(3.) Before the sailing of the ship each emigrant shall be carefully examined by a
qualified Medical Officer nominated by the British Consular Officer or his Delegate.
The emigrants shall be paraded before the British Consular Officer or his Delegate
and the Chinese Inspector or his Delegate, and questioned with a view to ascertain
their perfect understanding of the Indenture.
Art. V.—All ships employed in the conveyance of indentured emigrants from
China under this Convention shall engage and embark them only at a Treaty port,
and shall comply with the Regulations contained in the Schedule hereto annexed and
forming part of the Convention.
Art. VI.—For the better protection of the emigrant, and of any other Chinese
subject who may happen to be residing in the Colony or Protectorate to which the
emigration is to take place, it shall be competent to the Emperor of China to appoint
a Consul or Vice-Consul to watch over their interests and well-being, and such
Consul or Vice-Consul shall have all the rights and privileges accorded to the Consuls
of other nations.
Art. VII.—Every Indenture entered into under the present Articles shall clearly
specify the name of the country for which the labourer is required, the duration of
the engagement, and, if renewable, on what terms, the number of hours of labour
per working day, the nature of the wprk, the rate of wages and mode of payment,
the rations, clothing, the grant of a free passage out, and, where such is provided for
therein, a free passage back to the port of embarkation in China for himself and family,
right to free medical attendance and medicines, whether in the Colony or Protectorate,
or on the voyage from and to the port of embarkation in China, and any other
advantages to which the emigrant shall be entitled. The Indenture may also
-56 EMIGRATION CONVENTION
provide that the emigrant shall, if considered necessary hy the medical authorities,
be vaccinated on his arrival at the' iDepot, and in the event of such vaccination being
unsuccessful, re-vaccinated on board ship.
Art. VIIE.—The Indenture shall be signed, or in cases of illiteracy marked, by
the emigrant after, the Chinese manner, in the presence of the British Consular Officer ,
or his Delegate and of the Chinese Inspector or his Delegate, who shall be respon-
sible to their respective Governments for its provisions having been clearly and fully
explained to the emigrant previous to signature. To each emigrant there shall be
presented a copy ‘of the Indenture drawn up in English and Chinese. Such Inden-
ture shall not be considered as definitive or irrevocable until after the embarkation
of the emigrant.-
Art. IX.—In every British Colony or Protectorate to which indentured Chinese
emigrants proceed, an officer or officers shall be appointed, whose duty it shall be to |
insure that the emigrant shall have free access to the Courts of Justice to obtain the
redress for injuries to his person and property which is secured to all persons, irrespec- |
tive of race, by the local law.
Art. X.—During the sojourn of the emigrant in the Colony or Protectorate in
which he is employed, all possible postal facilities shall be afforded to him for com-
municating with Lis native country and for making remittances to his family.
Art. XI.—With regard to the repatriation of the emigrant and his family :
whether on the expiration of the Indenture or from any legal cause, or in event of
his having been invalided from sickness or disablement, it is understood that this shall
always be to the port of shipment in China, and that in no case shall it take place
by any other means than actual conveyance by ship, and payment of money to the j
returning emigrant in lieu of passage shall not be admissible.
•Art. XII.—Nothing in any Indenture framed under these Articles shall
constitute on the employer a right to transfer the emigrant to another employer I
of labour without the emigrant’s free consent and the approval of his Consul or j
Vice-Consul; and should any such transfer or assignment take place, it shall not in
any way invalidate any of the rights or privileges of the emigrant under the 1
Indenture.
Art. XIII.—It is agreed that a fee on each indentured emigrant shipped under
the terms of this convention shall be paid to the Chinese Government for expenses of
inspection, but no payment of any kind shall be made to the Chinese Inspector or
any other official of the Chinese Government at the port of embarkation. The above
fee shall be paid into the Customs bank previous to the clearance of the ship, and
shall be calculated at the following rate:—3 Mexican dollars per head for any
number of emigrants not exceeding 10,000, and 2 dollars per head for any number
in excess thereof, provided they are shipped at the same Treaty port, and that not more
than twelve months have elapsed since the date of the last shipment.
Should the port of embarkation have been changed, or a space of more than
twelve months have elapsed since the date of the last shipment, inspection charges
shall be paid as in the first instance.
Art. XIV.—The English and Chinese text of the present Convention have been
carefully 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.
Art. XV.—The present Convention shall come into force on the date of its
signature and remain in force for four years from that date, and after such period
of four years it shall be terminable by either of the high contracting parties on
giving one year’s notice.
In witness whereof the Plenipotentiaries have signed the present Convention,
and have affixed thereto their seals.
Done at London in four copies (two in English and two in Chinese), this
thirteenth day of May of the year 1904.
(Signed) Lansdowne.
T. Y. Chang.
EMIGRATION CONVENTION 5T
SCHEDULE
Regulations
Ships employed in the transport of indentured emigrants from China under this
Convention must be seaworthy, clean, and properly ventilated, and with regard to-
the following matters, shall comply with conditions as far as possible equivalent to-
those in force in British India with reference to the emigration of natives from India:—
Accommodation required on board (wide Section 57 of “ The Indian Emigration
Act, 1883”).
Sleeping accommodation consisting of wooden sheathing to the decks or
sleeping platforms (vide rule regarding “iron decks,” as amended the 16th August,
1902, in Schedule “ A” to the rules under “ The Indian Emigration Act, 1883 ”).
Rules as to space on board (vide Section 58 of “The Indian Emigration
Act, 1883”).
Carriage of qualified surgeon, with necessary medicaT stores.
Storage of drinking water (vide Rule 113, as amended the 24th February, 1903,
under “The Indian Emigration Act, 1883”).
Provision of adequate distilling apparatus (vide Schedule “ C ” to the rules
under “ The Indian Emigration Act, 1883 ”).
The dietary for each indentured emigrant on board ship shall be as follows per
day:—
Rice, not less than 1| lb., or flour or bread stufEs ... 1.1 lb
Fish (dried or salt) or meat (fresh or preserved) ... 0| „
Fresh vegetables of suitable kinds
Salt ...• •• l|
1 oz.„
Sugar ... If „
Chinese tea ... 0| „
Chinese condiments in sufficient quantities.
Water, for drinking and cooking ... I gallon
or such other articles of food as may be substituted for any of the articles enumerat-
ed in the foregoing scale as being in the opinion of the doctor on board equivalent
thereto.
Notes Exchanged Between the Marquess of Lansdowne and the Chinese
Minister on Signing Convention of May 13th, 1904
Foreign Office, London, May 13th, 1904.
Sir,—By Article YI. of the Convention about to be concluded between Great
Britain and China with regard to Chinese subjects leaving the Treaty ports of China
under Indenture for service in British Colonies or Protectorates, it is provided
that:—
“ For the better protection of the emigrant and of any other Chinese subject
who may happen to be residing in the Colony or Protectorate to which the
emigration is to take place, it shall be competent to the Emperor of China to appoint
a Consul or Vice-Consul to watch over their interests and well-being, and such
Consul or Vice-Consul shall have all the rights and privileges accorded to the Consul
of other nations.”
His Majesty’s Government consider it specially important that the persons
appointed to occupy, for the purpose named, the position of Consul or Vice-Consul •
should be experienced officers of Chinese nationality, that they should be exclusively
58 EMIGRATION CONVENTION—AGREEMENTS RESPECTING TIBET
in the service of the Emperor of China, and that in each case the name of the person
•selected should be communicated to His Majesty’s Government, and their agreement
to the appointment obtained.
I have the honour to inquire whether the Chinese Government are prepared to
meet the wishes of His Majesty’s Government in the matter. If so, and if you will}
inform me accordingly, this note and your reply might be attached to the Convention ?
in order to place on formal record the arrangement concluded.—I have, &c.
(Signed) Lansdowne.
Chang Tu-Jen, etc., etc., etc.
Chinese Legation, London,
May 13th, 1904.
My Lord Marquess,—In reply to your Lordship’s note of this date, I have the
honour to state that the Chinese Government are in entire accord with His Britannic i
Majesty’s Government as to the great importance they attach to the Consuls and Vice-
Consuls to be appointed under Article VI. of the Convention about to be concluded
between the two Governments being men of great experience, and will consider it a
•duty which they owe to the emigrant to confine the selection of these officers to such ’
as in all respects conform to the requirements specified in the note above referred to,
which, together with the present one, it has been mutually agreed shall, in proof of
that understanding, be appended to the said Convention.—I have, A c,
(Signed) T. Y. Chang.
The Marquess of Lansdowne, K.G.,
etc., etc., etc.
AGREEMENTS RESPECTING TIBET
Signed at Peking, April 27th, 1906
To Which is Annexed the Convention Between the United Kingdom
and Timet, Signed at Lhasa, September 7th, 1904
Ratifications exchanged at London, July 23rd, 1906
W hereas His Majesty the King of Great Britain and Ireland and of the British
Dominions beyond the Seas, Emperor of In da, and His Majesty the Emperor of China
are sincerely desirous to maintain and perpetuate the relations of friendship and
good understanding which now exist between their respective Empires ;
And whereas t e refusal ot Tibet to recognise the validity oi or to carry into
full effect the provisions of the Anglo-C inese Convention of March 17th, 1890, and
hegulalions ol December oth, ISD.'J placed tue British Government uni mr the necessity
ot taking steps to secure their rights and interests under the said Convention and
Regulations;
AGREEMENTS RESPECTING TIBET
And whereas a Convention of ten articles was signed at Lhasa on September
:ii7th, 1904, on behalf of Great Britain and Tibet, and was ratified by the Viceroy and
< lovemor-General of India on behalf of Great Britain on November 11th, 1904, a
) declaration on behalf of Great Britain modifying its terms under certain conditions
it taring appended thereto;
His Britannic Majesty and His Majesty the Emperor of China have resolved to-
il Conclude a Convention on this subject, and have for this purpose named Plenipoten-
riaries, that is to say : —
His Majesty the King of Great Britain and Ireland :
1 Sir Ernest Mason Satow, Knight Grand Cross of the Most Distinguished Order
of Saint Michael and Saint George, His said Majesty’s Envoy Extraordinary
and Minister Plenipotentiary to His Majesty the Emperor of China; and
His Majesty the Emperor of China:
His Excellency Tang Shao-yi, His said Majesty’s High Commissioner Pleni-
potentiary and a Vice-President of the Board of Foreign Affairs;
Who, having communicated to each other their respective full powers and find-
ing them to be in good and true form, have agreed upon and concluded the follow-
ing Conventiou in Six Articles:—
Art. I.—The Convention concluded on September 7th, 1904, by Great Britain
and Tibet, the texts of which in English and Chinese are attached to the present
Convention as an Annex, is hereby confirmed, subject to the modification stated in
the declaration appended thereto, and both of the High Contracting Parties engage
to take at all times such steps as may be necessary to secure the due fulfilment of the
terms specified therein.
Art. II.—The Government of Great Britain engages not to annex Tibetan
territory or to interfere in the administration of Tibet. The Government of Cliina
also undertakes not to permit any other foreign State to interfere with the territory
or internal administration of Tibet.
Art. III.—The concessions which are mentioned in Article 9 (d) of the Con-
vention concluded on September 7th, 1904, by Great Britain and Tibet arc denied to
any State or to the subject of any State other than China, but it has been arranged
with China that at the trade marts specified in Article 2 of the aforesaid Convention
Great Britain shall be entitled to lay down telegraph lines connecting with India.
Art. IV.—The provisions of the Anglo-Chinese Convention of *1890 and
Regulations of 1893 shall, subject to the terms of this present Convention and
Annex thereto, remain in full force.
Art. V.—The English and Chinese texts of the present Convention have been
carefully compared and found to correspond, but in the event of tiiere being any
difference of meaning between them the English text shall be authoritative.
Art. VI.—This Convention shall bo ratified by the Sovereigns of both countries
and ratifications shall be exchanged in London within three months after the date
of siguature by the Plenipotentiaries of both Powers.
In token whereof the respective Plenipotentiaries have signed and sealed this
Convention, four copies in English and four in Chinese.
Done at Peking this twenty-seventh day of April, one thousand nine hundred
and six, being the fourth day of the fourth month'of the thirty-second year of the
reign of Kuang Hsu.
[l.s.] Eexest Satow.
(Signature an l Seal of the Chinese
Plenipotentiary.)
AGREEMENTS RESPECTING TIBET
Signed at Lhasa, 7th September, ]904
Whereas doubts and difficulties have arisen as to the meaning and validity of the
Anglo-Chinese Convention of 1890, and the Trade Regulations of 1893, and as to the !
liabilities of the Tibetan Government under these agreements; and whereas recent!
occurrences have tended towards a disturbance of the relations of friendship and good'
understanding which have existed between the British Government and the Government |
. of Tibet; and whereas it is desirable to restore peace and amicable relations and to
resolve and determine the doubts and difficulties as aforesaid, the said Governments |
have resolved to conclude a Convention with these objects, and the following Articles j
have been agreed upon by Colonel F. E. Younghusband, C.I.E., in virtue of full powers
vested in him by His Britannic Majesty’s Government and on behalf of that said
Government, and Lo-Sang Gyal-Tsen, the Ga-den Ti-Rimpoche, and the representatives .
of the Council of the three monasteries Se-ra, Dre-pung, and Ga-den, and of the
-ecclesiastical and lay officials of the National Assembly on behalf of the Government
of Tibet: —
I. —The Government of Tibet engages to respect the Ang
1890 and to recognise the frontier between Sikkim and Tibet, as defined in Articled,
of the said Convention, and to erect boundary pillars accordingly.
II. -—The Tibetan Government undertakes to open fort
. . all British and Tibetan subjects shall have free right of access at Gyangtse and Gartok,
as well as at Yatung.
The Regulations applicable to the trade mart at Yatung, under the Anglo-Chinese
. Agreement of 1893, shall, subject to such amendments as may hereafter be agreed upon
by common consent between the British and Tibetan Governments, apply to the marts
above mentioned.
In addition to establishing trade marts at the places mentioned, the Tibetan
Government undertakes to place no restrictions on the trade by existing routes, and to
consider the question of establishing fresh trade marts under similar conditions if
development of trade requires it.
III. —The question of the amendment of the Regul
•separate consideration, and the Tibetan Government undertakes to appoint fully
authorised delegates to negotiate with representatives of the British Government as
to the details of the amendments required.
IY.—The Tibetan Government undertakes to levy no dues of any kind other than
those provided for in the tariff to be mutually agreed upon.
V. —The Tibetan Government undertakes to keep the
Gartok from the frontier clear of all obstruction and in a state of repair suited to the
needs of the trade, and to establish at Yatung, Gyangtse and Gartok, and at each of
the other trade marts that may hereafter be established, a Tibetan Agent who shall
receive from the British Agent appointed to watch over British trade at the marts in
question any letter which the latter may desire to send to the Tibetan or to the Chinese
authorities. The Tibetan Agent shall also be responsible for the due delivery of such
- communications and for the transmission of replies.
VI. —As an indemnity to the British Government for
despatch of armed troops to Lhasa, to exact reparation for breaches of treaty obligations,
and for the insults offered to and attacks upon the British Commissioner and his
following and escort, the Tibetan Government engages to pay a sum of Pounds five
hundred thousand, equivalent to Rupees seventy-five lakhs, to the British Government.
The indemnity shall be payable at such place as the British Government may
from time to time, after due notice, indicate, whether in Tibet or in the British districts
of Darjeeling or Jalpaiguri, in seventy-five annual instalments of Rupees one lakh each
on the 1st January in each year, beginning from the 1st January, 1906.
VII. —As security for the payment of the above-men
f ulfilment of the provisions relative to trade marts specified in Articles II., III., IV., and
AGREEMENTS RESPECTING TIBET 61
V.. the British Government shall contiu,ue to occupy the Chumbi Valley until the
1 indemnity has been paid and until the trade marts have been effectively opened for
:;three years, whichever date may,be the later.:
| V III.—The Tibetan Government' agrees to raze all; forts and fortifications ami
^remove all armaments -which1 might impede the course of free Communications between
1 the British frontier and the to-tfns of Gyangtse and Lhasa.
| IX.—The Government of Tibet engages that, without the previous consent of the
! British Government—
. (a) No portion of Tibetan territory shall be ceded, sold leased, mortgaged, or
t otherwise given for occupation; to any foreign Power;
* (b) No such Power shall be permitted to intervene in Tibetan affairs;
f (c) No representatives or agents of any foreign Power shall be admitted to Tibet;
I (d) No concessions for railways, roads, telegraphs, mining or other right, shall
^ be granted to any foreign Power, or the subject of any foreign Power. In the event
of consent to such concessions being granted, similar or equivalent concessions shall
be granted to the British Government;
I (e) No Tibetan revenues, whether in kind or in cash, shall be pledged or assigned
to any foreign Power, or the subject of any foreign Power.
X.—In witness whereof the negotiators have signed, the same, and affixed there-
unto the seals of their arms.
Done in quintuplicate at Lhasa, this 7th day of September, in the year of our
? Lord one thousand nine hundred and four, corresponding with the Tibetan date,
the 27th day of the seventh month of the Wood Dragon year.
Arrangement Between Great Britain and Russia Concerning Tibet
The Governments of Britain and Russia recognizing the suzerain rights of China
in Tibet, and considering the fact that Great Britain, by reason of, her geographical
Kposition, has a special interest in the maintenance of the status quo in the external
relations of Tibet, have made the following Arrangement:—
I.—The two High Contracting Parties engage to respect the territorial integrity
of Tibet and to abstain from all interference in its internal administration.
II. —In conformity with the admitted principle of the suzerainty of C
; Tibet, Great Britain and Russia engage not to enter into negotiations with Tibet
- except through the intermediary of the Chinese Government. This engagement does
not exclude the direct relations between British Commercial Agents and the Tibetan
authorities provided for in Article V. of the Convention between Great Britain and
Tibet of September 7th, 1904, and confirmed by the Convention between Great
Britain and China of April 27th, 1906; nor does it modify the engagements entered
into by Great Britain and China in Article I. of the said Convention of 1906.
It is clearly understood that Buddhists, subjects of Great Britain or of Russia,
may enter into direct relations on strictly religious matters with the Dalai Lama and
the other representatives of Buddhism in Tibet; the Governments of Great Britain
and Russia engage, as far as they are concerned, not to allow those relations to
infringe the stipulations of the present arrangement.
III. —The British and Russian Governments respectively engage
representatives to Lhasa.
IV. —The two High Contracting Parties engage neither to seek no
whether for themselves or their subjects, any concessions for railways’, roads, tele-
graphs and mines, or other rights in Tibet.
V. —The two Governments agree that no part of the revenues of Tibe
in kind or in cash, shall be pledged or assigned to Great Britain or Russia or to any
of their subjects.
02 AttBEEMENTR RESPECTING TIBET
Annex
Great Britain reaffirms the Declaration, signed by His Excellency the Viceroy
and Governor-General of India and appended to the ratification of the Convention of"
September 7th, 1904, to the effect that the occupation of the Chumbi Valley by
British forces shall cease after the payment of three annual instalments of the
indemnity of 25,000,000 Rupees, provided that the trade marts mentioned in Article
II. of that Convention have been effectively opened for three years, and that in tho-
meantime the Tibetan authorities have faithfully complied in all respects with the
terms of the said Convention of 1904. It is clearly understood that if the occupa-
tion of the Chumbi Valley by the British forces has, for any reason, not been
terminated at the time anticipated in the above Declaration, the British and Russian
Governments will enter upon a friendly exchange of views on this subject.
The present Convention shall be ratified, and the ratifications exchanged at St.
Petersburg as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the present
Convention and affixed thereto their seals.
Done in duplicate at St. Petersburg, the I8th (31st) August, 1907.
[n.s.] A. Nicolson.
[I,.S.] IswOLSKY.
St. Petersburg, August 18th (3lst), 1907
M. le Ministre,—With reference to the Arrangement regarding Tibet, signed to-
day, I have the honour to make the following Declaration to your Excellency :—
“ His Britannic Majesty’s Government think it desirable, so far as they are
concerned, not to allow, unless by a previous agreement with the Russian Government,
for a period of three years from the date of the present communication, the entry
into Tibet of any scientific mission whatever, on condition that a like assurance is
given on the part of the Imperial Russian Government.
“His Britannic Majesty’s Government propose, moreover, to approach the
Chinese Government with a view to induce them to accept a similiar obligation for a
corresponding Period; the Russian Government will, as a matter of course, take
similar action.
“At the expiration of the term of throe years above mentioned His Britannic*
Majesty’s Government will, if necessary, consult with the Russian Government as to
the desirability of any ulterior measures with regard to scientific expeditions to Tibet.’''
I have, etc.,
A. Nicolson.
St. Petersburg, August 18th (31st), 1907
M. I’Ambassadeur, —In reply to your Excellency’s note of even date, I have the-
honour to declare that the Imperial Russian Government think it desirable, so far as
they are concerned, not to allow, unless by a previous agreement with the British
Government, for a period o! three years from the date of the present communication,
the entry into Tif>et of any scientific mission whatever.
Like the British Government, the Imperial Government propose to approach the
Chinese Government with a view to induce them to accept a similar obligation for a
corresponding period.
It is understood that at the expiration of the term of three years the two
Governments will, if necessary, consult with each other as to the desirability of any
ulterior measures with regard to scientific expeditions to Tibet.
I have, etc.,
Iswolsky,
OPIUM AGREEMENT
[Don't: at Peking, May 8th, 1911]
Under the arrangement concluded between His Majesty’s Government and the
Chinese Government three years ago, His Majesty’s Government undertook that if
•during the period of three years from January 1st, 1908, the Chinese Government
should duly carry out the arrangement on their part for reducing the production
j and consumption of opium in China, they would continue in the same proportion of
i; ten per cent, the annual diminution of the export of opium from India, until the
(ompletion of the full period of ten years in 1917.
His Majesty’s Government, recognizing the sincerity of the Chinese Govern-
ment, and their pronounced success in diminishing the production of opium in China
- during the past three years, are prepared to continue the arrangement of 1907 for
the unexpired period of seven years on the following conditions:—
I. —Prom the first of January, 1911, China shall diminish annual
years the production of opium in China in the same proportion as the annual export
from India is diminished in accordance with the terms of Agreement and of the
Annex appended hereto until total extinction in 1917.
II. — The Chinese Government have adopted a most rigorous polic
ing the production, the transport and the smoking of native opium, and His
Majesty’s Government have expressed their agreement therewith and willingness to
give every assistance. With a view to facilitating the eont inuance of this work, His
Majesty’s Government agree that the export of opium from India to China shall
cease in less than seven years if clear proof is given of the complete absence of
native opium in China.
III. —His Majesty’s Government further agree that Indian op
conveyed into any province in China which can establish by clear evidence that it
has effectively suppressed the cultivation and import of native opium.
It is understood, however, that the closing of the ports of Canton and Shanghai
to the import of Indian opium shall not take effect except as the final step on the
part of the Chinese Government for the .completion of the above measure.
IV. —During the period of this Agreement it shall be perm
Majesty’s Government to obtain continuous evidence of this diminution by local
enquiries ami investigation conducted by one or more British officials accompanied,
if the Chinese Government so desire, by a Chinese official. Their decision as to the
extent of cultivation shall be accepted by both parties to this Agreement.
During the above period one or more British officials shall be given facilities for
reporting on the taxation and trade restrictions on opium away from the Treaty
ports.
V. —By the arrangement of ,1907 His Majesty's Government a
despatch by China of an official to India to watch the opium sales on e> nd tion that
such official would have no power of interference. His Majesty's Government
further agree that the official so despatched may b present at the packing of opium
on the same condition.
64 OPIUM AGREEMENT
VI. —The Chinese Government undertake to levy a unifor
grown in the Chinese Empire. His Majesty’s Government consent to increase the-
preseut consolidated import duty on Indian opium to Tls. 350 per chest of 100*
catties, such increase to take effect as soon as the Chinese Government levy an
equivalent excise tax on all native opium.
VII. —On confirmation of this Agreement and .beginning
the new rate of consolidated import duty, China will at once cause to be withdrawn
all restrictions placed by the Provincial authorities on the wholesale trade in Indian
opium, such as those recently imposed at Canton and elsewhere, and also all taxation,
on the wholesale trade 'other ’than- the consolidated import duty, and no such
restrictions or taxation shall be again imposed so long as the Additional Article to-
the Chefoo Agreement remains as at present in force.
It is also understood that Indian raw opium having paid the consolidated
import duty shall be exempt from any further taxation whatsoever in the port of
import.
Should the conditions contained in the. above two clauses not be duly observed,
His Majesty’s Government shall • be < at liberty to suspend or terminate this
Agreement at any time.
The foregoing stipulations shall not derogate in any manner from the force of
the laws already published or hereafter to be published by the Imperial Chinese-
Government to suppress the smoking of opium and to regulate the retail trade in
the drug in general.
VIII. —With a view to assisting China in the sup
Majesty’s Government undertake that from the year 1911 the Government of India
will issue an export permit with a consecutive number for each chest of Indian
opium declared for shipment to or for consumption in China.
During the year 1911 the number of permits so issued shall not exceed 30,600’
and shall be progressively reduced annually by 5,100 during the remaining six years-
ending 1917.
A copy of each permit so issued shall, before shipment of opium declared for
shipment to or consumption in China, be handed to the Chinese official for trans-
mission to his Government, or to the Customs authorities in China.
His Majesty’s Government undertake that each chest of opium for which such
permit has been granted shall be sealed by an official deputed by the Indian
Government in the presence of the Chinese official if so requested.
The Chinese Government undertake that chests of opium so sealed • and
accompanied by such permits may be imported into any Treaty Port of China,
without let or hindrance if such seals remain unbroken.
IX. —Should it appear on subsequent experience desirable
the unexpired portion of seven years to modify this Agreement or any part thereof,
it may he revised by mutual consent of the two high contracting parties.
X. —This Agreement shall come into force on the date of signat
In witness whereof the undersigned, duly authorized thereto by their respective-
Governments, have signed the same and have affixed thereto their seals.
Done at Peking in quadruplicate (four in English and four in Chinese) this
eighth day of May, one thousand nine hundred and eleven, being the tenth day of
the fourth month of the third year of Hsuan T’ung.
[l.s.] J. N. Jordan. [l.s ] Tsou Chia-lai.
OPIUM AGREEMENT 65
Annex
On the date of the signature of the Agreement a list shall be taken by the
o Commissioners of Customs acting in concert with the Colonial and Consular officials
of all uncertified Indian opium in bond at the Treaty Ports and of all uncertified
t opium in stock in Hongkong which is bond fide intended for the Chinese market,
and all such opium shall be marked with labels and on payment of Tls. 110 con-
solidated import duty shall be entitled to the same Treaty rights and privileges in
China as certificated opium.
Opium so marked and in stock in Hongkong must be exported to a Chinese
G port within seven days of the signature of the Agreement.
All other uncertificated Indian opium shall for a period of two months from the
[date of the signature of the Agreement be landed at the ports of Shanghai and Canton
only, and at the expiration of this period all Treaty Ports shall be closed to uncerti-
ficated opium provided the Chinese Government have obtained the consent of the
other Treaty Powers.
The Imperial Maritime Customs shall keep a return of all uncertificated opium
landed at Shanghai and Canton during this period of two months, other than opium
■marked and labelled as provided above, and such opium shall pay the new rate of
consolidated import duty and shall not be re-exported in bond to other Treaty ports.
In addition to the annual reduction of 5,100 chests already agreed upon, His
Majesty’s Government agree further to reduce the import of Indian opium during
each of the years 1912, 1913 and 1914 by an amount equal to one-third of the total
ascertained amount of the uncertificated Indian opium in bond in Chinese Treaty
Ports, and in stock in Hongkong on the date of signature, plus one-third of the
amount of uncertificated Indian opium landed during the ensuing two months at
Shanghai and Canton.
Done at Peking this eighth day of May one thousand nine hundred and eleven,
being the tenth day of the fourth month of the third year of Hsuan '1’ung.
[l.s.] J. N. Jordan. [l.s.] Tsou Chia-lai.
3
FRAN C E
TREATY OE PEACE, ERIENDSHIP, COMMERCE, AND
NAVIGATION BETWEEN PRANCE AND CHINA
Signed, in the French and Chinese Lan.gdages, 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 M
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 thei
Order of the Conception of Portugal, etc., etc., etc.
And His Majesty the Emperor of China, Kweiliang, Imperial High Commis-S
sioner of the Ta-Tsing Dynasty, Grand Minister of the East Palace, Director-General;
of the Council of Justice, etc., etc., etc.; 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, etc., etc., etc.;
Who, having exchanged their full powers, which they have found in good and i
due form, have agreed upon the following Articles:—
Art. I.—There shall be perpetual peace and friendship between His Majesty the
Empror of the French and His Majesty the Emperor of China, and between the
subjects of the two Empires, who shall enjoy equally in the respective States of the;
high contracting parties full and entire protection for their persons and property. |
Art. II.—In order to maintain the peace so happily re-established between the 1
two empires it has been agreed between the high contracting parties that, followings
in this respect the practice amongst Western nations, the duly accredited diplomatic,,
agents of His Majesty the Emperor of the French and 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. 1
The diplomatic agents shall reciprocally enjoy, in the place of their residencej
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 employes,couriers, interpreters,
servants, etc., etc., as shall be necessary to them.
The expense of every kind occasioned by the diplomatic mission of France in
China shall be defrayed by the French Government. The diplomatic agents whom
TREATY BETWEEN FRANCE AND CHINA 07
it sh »ll pleise 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 wliich
the diplomatic agents of other nations accredited to the Court of His Majesty the
Emperor of the French enjoy.
Art. III.—The official communications of the French diplomatic and consular
agents with the Chinese authorities shall be written in French, but shall be accom-
panied, to facilitate the service, by a Chinese translation, as exact as possible, until
such time as the Imperial Government at Peking, having interpreters speaking
and writing French correctly, diplomatic correspondence shall be conducted in this
language by the French agents and in Chinese by the officers of the Empire.
It is agreed that until then, and in case of difference in the interpretation, in
reference to the French text and Chinese text of the clauses heretofore agreed upon
in the conventions made by c unmon accord, it shall always be the original text and
not the translation which shall be held correct. This provision applies to the
present Treaty, and in the communications between the authorities of the two
countries it shall always be the original text, not the translation, which shall be
held correct.
Art. IV.—Henceforth the official correspondence between the authorities and the
officers of the two countries shall be regulated according to their respective ranks and
conditions and upon the basis of the most absolute reciprocity. This correspondence
shall take place between the high French officers and high Chinese officers, in
the capital or elsewhere, by dispatch or communication; between the French sub-
ordinate officers and the high authorities in the provinces, on the part of the former
by statement, and on the part of the latter by declaration.
Between the officers of lower rank of the two nations, as above provided, on
the footing of a perfect equality.
Merchants and generally all persons not having an official characf er shall on both
sides use the form ot representation in all documents addressed to or intended for the
notice of the resj eetive authorities.
Whenever a French subject shall have recourse to the Chinese authority, his
representation shall first be submitted to the Consul, who, if it appears to him
reasonable and properly addressed, shall forward it; if it be otherwise, the Consul
shall cause the tenour to be modified or refuse to transmit it. The Chinese, on their
part, when they have to address a Consulate, shall follow a similar course towards
the Chinese authority, who shall act in the same manner.
Art. V.—His Majesty the Emperor of the French may appoint Consuls or Con-
sular Agents in the coast and river ports of the Chinese empire named in Article VI.
of the present Treaty to conduct the business between the Chinese authorities and
French merchants and subjects and to see to the strict observance of the stipulated
rules. These officers shall be treated with the consideration and regard which are
due to them. Their relations with the authorities of the place of their residence
shad 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 merchnnts the benefits of
the present Treaty.
Art. VI.—Experience having demonstrated that the opening < f new ports to
foreign commerce is one of the necessities of the age, it has been agreed that the
forts of Kiung-chow and Chao-chow in the province of Kwangtung, Taiwan and
Tamsui in the island of Formosa (province of Fohkien), Tang-chow in the pro-
vince of Shantung, and Nanking in the province of Kiangsu, shall enjoy the same
privileges as Canton, Shanghai, Ningpo, Amoy, and Foochow. With regard to
3*
68 TREATY BETWEEN FRANCE AND CHINA
Nanking, the French agents in China shall not deliver passports to their nationals
for this city until the rebels have been expelled by the Imperial troops.
Art. VII.—French subjects and their famil es may establish themselves and
tra^e or pursue their avocations in all security, and without hindrance of any kind
in the ports and cities enumerated in the preceding Article.
They may travel freely between them if they are provided with passports, but
it is expressly forbidden to them to trade elsewhere on the coast in search of
clandestine markets, under pain of confiscation of both the ships and goods used in
such operations, and this confiscation shall be for the benefit of the Chinese Govern-
ment, who, however, before the seizure and confiscation can be legally pronounced,
must advise the French Consul at the nearest port.
Art. VIII. —French subjects who wish to go to interior towns, or ports not open
to foreign vessels, may do so in all security, on the expri ss 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 lo-s 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 r-main'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 force, 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 shall 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 bv 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
TREATY BETWEEN FRANCE AND CHINA
the Chinese language and any other language or dialect used in the empire,
as also to secure their aid m scientific or literary works. Equally they may teach to
Chinese subjects their own or foreign languages and sell Avithout 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 lequisition for anv 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 establihed
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 representations of the Consul or Consular Agent,
shall advise as to the means of dissolving such associations, of which they arc 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 pro-
portionate to the amount exacted, which also shall be returned in full.
Art. XVII.—Within the twenty-four hours following the arrival of a French
merchant vessel in one of the ports open to foreign trade, the captain, if he be not
unavoidably prevented, and in his default the supercargo or consignee, shall report
at the French Consulate and place in the hands of the Consul the ship’s papers, the
bills of lading, and the manifest. Within the twenty-four hours next following the
Consul shall send to the Superintendent of Customs a detailed note indicating the
jaame 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.
70 TREATY BETWEEN FRANCE AND CHINA
Immediately after the reception of the consular note the Superintendent of
Customs shall give a permit to open hatches. If the captain, before having received
the said permit, shall have opened hatches and commenced to discharge, he may
be fined 500 Dollars, and the goods discharged may be seized, the whole to the profit
of the Chinese Government.
Art XVIII.—French captains and merchants may hire whatever boats and
lighters they please for the transport of goods and passengers, and the sum to be
paid for such boats shall be settled between the parties themselves, without the
intervention of the Chinese authority, and consequently without its guarantee in case
of accident, fraud, or disappearance of the said boats. The number of these boats
shall not be limited, nor shall a monopoly in respect either of the boats or of the
carriage of merchandise by porters be granted to any one.
Art. XIX.—Whenever a French merchant shall have merchandise to load or
discharge he shall first remit a detailed note of it to the Consul or Consular Agent,
who will immediately charge a recognised interpreter to the Consulate to communicate
it to the Superintendent of Customs. The latter shall at once deliver a permit for
shipping or landing the goods. He will then proceed to the verification of the goods
in such manner that there shall be no chance of loss to any party.
The French merchant must cause himself to be represented (if he does not prefer
to attend himself) at the place of the verification by a person possessing the requisite
knowledge to protect his interest at the time when the verification for the liquida-
tion of the dues is made; otherwise any after claim will be null and of no effect.
With respect to goods subject to an ad valorem duty, if the merchant cannot
agree with the Chinese officers as to their value, then each party shall call in two or
three merchants to examine the goods, and the highest price which shall be offered
by any of them shall be assumed as the value of the said goods.
Duties shall be charged on the net weight; the tare will therefore be deducted.
If the French merchant cannot agree with the Chinese officer on the amount
of tare, each party shall choose a certain number of chests and bales from among the
goods respecting which there is a dispute; these shall be first weighed gross, then
tared and the average tare of these shall be taken as the tare for all the others.
If during the course of verification any difficulty arises which cannot be settled,
the French merchant may claim the intervention of the Consul, who will immediately
bring the subject of dispute to the notice of the Superintendent of Customs, and both
will endeavour to arrive at an amicable arrangement, but the claim must be made
within twenty-four hours; otherwise it will not receive attention. S> long as the
result of the dispute remains pending, the Superintendent of Customs shall not enter
the matter in his books, thus leaving every latitude for the examination and solution,
of the difficulty.
On goods imported which have sustained damage a reduction of duties propor-
tionate to their depreciation shall be made. This shall be equitably determined, and,
if necessary, in the manner above stipulated for the fixing of ad valorem duties.
Art. XX.—Any vessel having entered one of the ports of China, and which has
not yet used the permit to open hatches mentioned in Article XIX., may within two
days of arrival quit that port and proceed to another without having to pay either
tonnage dues or Customs duties, but will discharge them ultimately in the port where
sale of the goods is effected.
Art. XXI.—It is established by common consent that import duties shall be
discharged by the captains or French merchants after the landing and verification
of the goods. Export duties shall in the same manner be paid on the shipment of
the goods. When all tonnage dues and Customs duties shall have been paid in full
by a French vessel the Superintendent of Customs shall give a general aquittance, 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
TREATY BETWEEN' FRANCE AND CHINA 71
'Chinese Government. These payments may be made in ingots or foreign money,
the relative value of which to sycee shall be determined by .agreement between the
Consul or Consular Agent and the Superintendent of Customs in the different ports,
according to time, place, and circumstances.
Art. XXII.—*After the expiration of the two days named in Art. XX., and
before proceeding to discharge her cargo, every vessel shall pay tonnage-dues accord-
ing to the following scale:—Vessels of one hundred and fifty tons and upwards at
the rate of four mace per ton; vessels of less than one hundred and fifty tons mea-
•surement at the rate of one mace per ton.
Any vessel clearing from any of the open ports of China for any other of the
■open ports, or trading between China and such ports in Cochin-China as belong to
France, or any port in Japan, shall be entitled, on application of the master, to
a special certificate from the Superintendent of Customs, on exhibition of which
the said vessel shall be exempted from all further payment of tonnage-dues in anv
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 he 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 mac^ per ton once in
•every four months.
Native craft chartered by French merchants shall in like manner pay tonnage-
dues once in every lour months.
Art. XXIII.—All French goods, after having discharged the Customs duties
^according to the tariff in one of the ports of China, may be transported into the interior
without being subjected to any further charge except the transit dues according to
the amended scale now in force, which dues shall not be augmented in the future.
If the Chinese Customs Agents, contrary to the tenour of the present Treaty,
make illegal exactions or levy higher dues, they shall be punished according to the
laws of the empire
Art. XXIV.—Any French vessel entered at one of the ports open to foreign
trade and wishing to discharge only a part of its goods there, shall pay Customs dues
only for the part discharged; it may transport the remainder of its cargo to another
.port and sell it there. The duty shall then be paid.
French subjects having paid in one port the duties on their goods, wishing to
re-export them and send them for sale to another port, shall notify the Consul or
Consular Agent. The latter shall inform the Superintendent of Customs, who, after
having verified the 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 he, after verification, confiscated to the profit of the Chinese Government.
Art. XXV.—Transhipment of goods slull 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 employe of his administration to be present.
Every unauthorised transhipment, except in case of peril by delay, will entail
the confiscation, to the profit of the Chinese Government, of the whole of the goods
illicitly transhipped.
Art. XXVI.—In each of the ports open to foreign trade the Superintendent of
-Customs shall receive for himself, and shall deposit at the French Consulate, legal
* Substituted for the original Article in 186S.
72 TREATY BETWEEN FRANCE AND CHINA
scales for goods and silver, the weights and measures agreeing exactly with the i
weights and measures in use at the Canton Custom-house, and hearing 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 G-overnment. 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 subject of a monopoly, any modification of the
tariff shall be made only after an understanding has been come to with the French j
Government and with its full and entire consent.
With regard to the tariff, as well as every stipulation introduced or to be in- I
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 sees fit, interdict the re-entry to China of
the vessel taken in contravention and compel it to leave immediately after the sette-
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 tu
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 provisons 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 protecfon 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
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 debris of the ship and cargo.
Art XXXI.—Should China be at war with another Power, this circumstance
shall not in any way interfere with the free trade of France 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 othor, 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 | ersons accused of any crime take
refuge in French house or on board of French vessels, the local authority shall
address the Consul, who, on proof of the guilt of the accused, shall immediately take
the measures necessary for their extradition. Each party shall carefully avoid
concealment and connivance.
Art. XXXIII.—When sailors come on shore they shall be under special dis-
ciplinary regulations framed by the Consul and communicated to the local authority,
in order to prevent as far as possible all occasion of quarrel between French sailors
and the people of the country.
Art. XXXIV.—In case of French trading vessels being attacked or pillaged by
pirates within Chinese waters, the civil and military authorities of the nearest place,
upon learning of the occurrence, shall actively pursue the authors of the crime and
shall neglect nothing to secm*e their arrest and punishment according to law. The
pirated goods.'in whatever place or state they may be found, shall be placed in the
hands of the Consul, who shall restore them to the owners. If the criminals cannot
be seized, or the whole of the stolen property cannot be recovered, the Chinese officials
shall suffer the penalty inflicted by the law in such circumstances, but they shall not
be held pecuniarily responsible.
Art. XXXV.— When a French subject shall have a complaint to make or claim
to bring against a Chinese, he shall first state his case to the Consul, who, after
having examined the affair, will endeavour to arrange it amicably. In the same
manner, when a Chinese has to complain of a French subject, the Consul shall
attentively hear his claim and endeavour to bring about an amicable arrangement.
But if in either case this be impossible, the Consul shall invoke the assistance of a
competent Chinese official, and these two, after having conjointly examined the affair
shall decide it equitably.
Art. XXXVI.—If hereafter French subjects suffer damage, or are subjected
to any insult or vexation by Chinese subjects, the latter shall be pursued by the
local authority, who shall take the necessary measures for the defence and pro-
tection of French subjects; if ill-doers or any vagrant part of the population com-
mence to pillage, destroy, or burn the houses or warehouses of French subjects or
any other of their establishments, the same authority, either on the requisition of the
Consul or of its own motion, shall send as speedily as possible an armed force to
disperse the riot and to arrest the criminals, and shall deliver the latter up to the
seventy 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.
74 TREATY BETWEEN FRANCE AND CHINA
la case of fraud or nou-payment ou 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. XLT.—His Majesty the Emperor of the French, wishing to give to His
Majesty tne 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.] Baeon Geos.
[n.s.] JvWEI-LIANG.
[L.S.] Hwashana.
CONVENTION BETWEEN ERANCE AND CHINA
Signed at Peking, 25th October, 1860
His Majesty the Emperor of the French and His Majesty the Emperor of China
heing desirous to put an end to the difference which lias 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, having exchanged their full powers, found in good and due form, have
agreed upon the following Articles : —
Art. I.—His Majesty the Emperor of China has regarded with pain the conduct
•of the Chinese military authorities at the mouth of the Tientsin river, in the month of
June last year, when the Minsters 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 alerady paid by the Canton Customs on account of the
sum of two million Taels stipulated by the Treaty of Tientsin shall be considered as
having been paid in advance and on account of the eight million Taels referred to in
the present Article.
The provisions of the Article of the Secret Treaty of Tientsin as to the mode of
payment of the two million Taels are annulled. Payment of the remainder of the sum
of eight million taels to be paid by the Chinese Government as provided by the present
Convention shall be made in quarterly instalments consisting of one-fifth of the gross
Customs revenues at the ports open to foreign trade, the first term commencing on
the 1st October of the present year, and finishing on the 31st December following.
This sum, specially reserved for the payment of the indemnity due to France, shall
be paid into the hands of the Minister for France or of his delegates in Mexican
dollars or in bar silver at the rate of the day of payment.
76 CONVENTION BETWEEN FRA.NCE AND CHINA
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. Y.—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 proteges of France who sustained loss by the burning of the
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 legally established,
in satisfaction of such claims, and it is understood between the contracting parties
that one million of Taels shall be appropriated to the indemnification of French subjects
or proteges of France for the losses they have sustained or the treatment to which
they have been subjected, and that the remaining seven million Taels shall be applied
to the liquidation of the expenses occasioned by the war.
Art. VI.—In conformity with the Imperial edict issued on the 20th March, 1856,
by the August Emperor Tao Kwang, the religious and charitable establishments which
have been confiscated during the persecutions of the Christians shall be restored to
their proprietors through the Minister of France in China, to whom the Imperial
Government will deliver them, with the cemeteries and edifices appertaining to them.
Art. VII.—The town and port of Tientsin, in the province of Pechili, shall be
opened to foreign trade on the same conditions as the other towns and ports of the
Empire where such trade is permitted, and this from the date of the signature of the
present Convention, which shall be obligatory on the two nations without its being
necessary to exchange ratifications, and which shall have the same force as if it were
inserted word for word in the Treaty of Tientsin.
The French troops now occupying this town shall, on the payment of the five
hundred thousand taels provided by Article IV. of the present Convention, evacuate
it and proceed to occupy Taku and the north-east coast of Shantung, whence they
shall retire on the same conditions as govern the evacuation of the other points
occupied on the shores of the Empire. The Commanders-in-Chief of the French force
shall, however, have the right to winter their troops of all arms at Tientsin, if they
judge it convenient, and to withdraw them only when the indemnities due by the
Chinese Government shall have been entirely paid, unless the Commanders-in-Chief
shall think it convenient to withdraw them before that time.
Art. VIII.—It is further agreed that when the present Convention shall have
been signed and the ratifications of the Treaty of Tientsin exchanged, the French
forces which occupy Chusan shall evacuate that island, and that the forces before
Peking shall retire to Tientsin, to Taku, to the north coast of Shantung, or to
the town of Canton, and that in all these places or in any of them the French
Government may, if it thinks fit, leave troops until such time as the total sum of
eight million taels shall have been fully paid.
Art. IX.—It is agreed between the high contracting parties that when the
ratifications of the Treaty of Tientsin shall have been exchanged an Imperial edict
shall order the high authorities of all the provinces to permit any Chinese who wishes
to go to countries beyond the sea to establish himself there or to seek his fortune, to
embark himself and his family, if he so wishes, on French ships in the ports of the
empire open to foreign trade. It is also agreed, in the interest of the emigrants, to
ensure their entire freedom of action and to safeguard their rights, that the competent
Chinese authorities shall confer with the Minister of France in China for the making
of regulations to assure for these engagements, always voluntary, the guarantees of
morality and security which ought to govern them.
TREATY BETWEEN FRANCE AND CHINA 77
Art. X.—It is well understood between the contracting parties that the tonnage
dues which by error were fixed in the French Treaty of Tientsin at five mace per ton
for vessels of. 150 tons and over, and which in the Treaties with England and the
United States signed in 1858 were fixed at four mace only, shall not exceed this
same sum of four mace, and this without the invocation of the last paragraph of
Art. XXXII. of the Treaty of Tientsin, which gives to France the formal right to
claim the same treatment as the most favoured nation.
The present Convention of Peace has been made at Peking, in four copies, on the
25th October, 1860, and has been signed by the respective plenipotentiaries.
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 Mav, 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 Patenotre, Envoy Extraordinary
and Minister Plenipotentiary for France in China, Officer of the Legion oi Honour,
Grand Cross of the Swedish Order of the Pole Star, &c., &c.
And His Majesty the Emperor of China, Li Hung-chang, Imperial Commissioner,
Senior 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 Yamen,
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 Yamen,
Director of the Board of Ceremonies ;
Who, having communicated their full powers, which have been found in good
and due form, have agreed upon the following Articles:—■
Art. I.—France engages to re-establish and maintain order in those provinces of
Annam which border upon the Chinese empire. For this purpose she will take the
necessary measures to disperse or expel the bands of pirates and vagabonds who
endanger the public safety, and to prevent their collecting together again. Nevertheless,
the French troops shall not, under any circumstances, cross the frontier which separates
78 TREATY BETWEEN FRANCE AND CHINA
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 j
to form there for the purpose of causing disturbances amongst the populations placed J
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 j
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. (j
The Chinese, whether colonists or disbanded soldiers, who reside peaceably in
Annam, supporting themselves by agriculture, industry, or trade, and whose conduct |
shall give no cause of complaint, shall enjoy the same security for their persons and
property as French proteges.
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 i
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 j
be of such a nature as shall in no way injure the dignity of the Chinese empire or I
give rise to any violation of the present Treaty.
Art. III.—Within a period of six months from the signature of the present j
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 j
landmarks wherever necessary to render the line of demarcation clear. In those I
sases where they may not be able to agree as to the location of these landmarks or on
nuch rectifications of detail as it may be desirable to make, in the interest of the two
rations, in the existing frontier of Tonkin, they shall refer the difficulty to their j
cespective Governments.
Art. IV.—When the frontier shall have been agreed upon, French or French
proteges and foreign residents of Tonkin who may wish to cross it in order to enter
China shall not be allowed to do so unless they shall have previously provided them-
selves with passports issued by the Chinese frontier authorities on the requisition of
the French authorities. For Chinese subjects an authorisation given by the Imperial
frontier authorities shall be sufficient.
Chinese subjects wishing to proceed from China to Tonkin by the land route
shall be obliged to provide themselves with regular passports, issued by the French
authorities on the requisition of the Imperial 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 Wo count)ies. In this respect
the Regulations in force in the interior of the Chinese Empire shall be taken into
account.
In any case, two of the said spots shall be marked out on the Chinese frontier,
the one above Lao-kai, the other beyond Lang-son. French traders shall be at
liberty to settle there under the same conditions, and with the same advantages, as
in the ports open to foreign trade. The Government of His Majesty the Emperor of
China shall establish Custom-houses there, and the Government of the French Republic
shall be at liberty to maintain Consuls there whose powers and privileges shall be
identical with those of Agents of the same rank in the open ports.
On his part, His Majesty the Emperor of China shall be at liberty, with the
concurrence of the French Government, to appoint Consuls in the principal towns of
TREATY BETWEEN FRANCE AND CHINA 79
; 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
bland the Chinese provinces of Yunnan, of Kwang-si, and of Kwang-tung. Such
^Regulations shall be drawn up by Commissioners, who shall be appointed by the
rmgh contracting parties, within three months from the signature of the present
fTreaty.
All goods dealt with by such trade shall be subject, on import and export
^between Tonkin and the provinces of Yunnan and Kwang-si, to duties lower than
ithose laid down by the present tariff for foreign trade. The reduced tariff shall
u not, however, be applied to goods transported by way of the land frontier between
Tonkin and Kwang-tung, and shall not be enforced within the ports already open
c by Treaty.
I Trade in arms, engines, supplies, and munitions of war of any kind whatsoever
[shall be subject to the Laws and Regulations issued by each of the contracting
States within its own territory.
The export and import of opium shall be governed by special arrangements to
be inserted in the above-mentioned code of Regulations.
1 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
I 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
j 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
L shall afford every facility for procuring in France the staff that may be required. It
is, moreover, understood that this clause shall not be looked upon as constituting an
exclusive privilege in favour of France.
Art. VIII.—The commercial stipulations of the present Treaty and the Regula-
tions to be agreed upon shall be liable to revision after an interval of ten complete
years from the date of the exchange of the ratifications of the present Treaty. But
in case six months before it expires neither one nor other of the high contracting
parties shall have expressed a wish to proceed to a revision, the commercial stipula-
tions shall remain in force for a fresh period of ten years, and so further in like
manner.
Art. IX.—As soon as the present Treaty shall have been signed, the French
forces shall receive orders to retire from Keelung and to cease search, &c., on the high
seas. Within one month from the signature of the present Treaty the Island of
Formosa and Pescadores shall be entirely evacuated by the French troops.
Art. X.—All stipulations of former Treaties, Agreements, and Conventions
between France and China, which are not modified by the present Treaty, remain in
full force.
The present Treaty shall be ratified at once by His Majesty the Emperor of China,
and after it shall 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 day of June, one thousand eight
hundred and eighty-five, corresponding to the twenty-seventh day of the fourth moon
of the eleventh year of Kwang-Hsu.
(Signed) [Y.s.] Patenotbe.
[e.s.] Hsi Chen.
[l.s.J Li Hung-chang.
[n.s.J Teng Chang-str.
TRADE REGULATIONS EOR THE TONKIN ERONTIER
JOINTLY DETERMINED ON BY ERANCE 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, 1885, it is
stated that “ Regulations for the conduct of overland trade between Tonkin and the
Chinese provinces of Yunnan, Kwang-si. and Kwang-tung shallbe jointly discussed and
concluded by Commissioners appointed by the two Powers, and will form a supple-
ment to the present Treaty”; and whereas in Article X. 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 tlieir Plenipotentiaries, that is to say:—
The President of the French Republic, Gf. Cogordan, Minister Plenipotentiary
of France to China, Officer of the Legion of Honour, Knight of the Order of the Crown
of Italy, &e., Ac., 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 Y. of the Treaty of the 19th
June, 1885, the high contracting parties agree that for the present two places shall
lie 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.
TRADE REGULATIONS FOR THE TONKIN FRONTIER 81
I The agents shall be treated in the same manner and have the same rights and
i',privileges as the Consuls of the most favoured nation in France. They shall maintain
I official relations with the French authorities charged with the Protectorate.
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 VIL, X., XI., XII., and others
of the Treaty of the 27th June, 1858.
Annaraites shall enjoy in these places the same privileged treatment.
Art. IT.—-Chinese shall have the right of possessing land, erecting buildings,
opening commercial houses, and having warehouses throughout Annam.
1 They shall i*eceive 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 wdl receive from China the same privileged treatment.
Art. Y.—Frenchmen, French proteges, 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 fe furnished with passports granted by the French authorities on the requisition
of the Chinese authorities, who will ask for them only on behalf of respectable
persons.
The passports so granted on the one side or the other shall serve only as titles
to travel and shall not be considered as certificates of exemption from taxes for the
transport of merchandise.
Chinese authorities on Chinese soil and French authorities in Tonkin shall have
the right to arrest persons who have crossed the frontier without passports and send
“them back to their respective authorities to be tried and punished if necessary.
Chinese residing in Annam may return from Tonkin to China on simply
obtaining from the Imperial authorities a pass permitting them to cross the
frontier.
Frenchmen and other persons established in the open places on the frontier may
travel without passports to a distance of 50 li (578 metres to the li) around such
places.
Art. VI.—Merchandise imported into the places opened to trade on the frontier
of China by French merchants and French proteges 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
fresh declaration at the Custom-house, and pay, without reduction, the transit dues
•fixed by the general rules of the Chinese Maritime Customs.
82 TRADE REGULATIONS FOR THE TONKIN FRONTIER
After this payment the Customs will deliver a transit pass which will enable the-
carriers to go to the localities mentioned in the pass for the purpose of disposing of
the said merchandise.
Under these conditions, no new duties will be levied at the interior barriers or
lehin 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 interiorby 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 gcods-
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 merchandise to or from Tonkin,
will not have to pay any toll on their carriages or beasts of burden. On the navigable-
water-courses on the frontier, vessels may, on the one side and the other, be subjected
to the payment of tonnage-dues, conformably to the rules of the Maritime Customs
of the two countries.
As regards the provisions of the present Article and the preceding one, it is
agreed by the high contracting parties that if a new Customs tariff should be
established by common accord between China and a third Power, for trade by land
on the south-western frontiers of the Chinese Empire, France shall obtain the
application of it.
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 may7 in like manner give bonds which will be available for payment of
duties at the Custom-house byr 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-
TKADE REGULATIONS FOR THE TONKIN FRONTIER 83
sbpen ports, when once they have been paid, bonds or exemption certificates will never
;be given in respect of these.
Art. IX.:—Chinese merchandise which, after having paid transit and export dues
iflsit one of the frontier Customs stations, may be sent to the other frontier Customs
afetation to be sold, shall be subjected on its arrival at the second station only to a
ipayment—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
i 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-
ijterior. Chinese merchandise imported from a Chinese seaport into an Annamite port
in order to be transported to the land frontier and then to re-enter Chinese territory
will be treated as foreign merchandise and will pay the local import dues. This
■merchandise will be allowed to pay the transit duty on being sent into the interior.
Art. X.—Declarations to the Chinese Customs must be made within thirty-six
hours of the arrival of the goods under a penalty of Tls. 50 for each day’s delay; but
-the fine shall not exceed Tls. 200. An 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 bis 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
i 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
Rave been declared, the merchant shall be at liberty to recover his goods on payment
of a sum equivalent to their value, to be duly settled by arrangement with the Chinese
.authorities. The Chinese authorities shall have every liberty to devise measures to
be taken in China, along the frontier, to prevent smuggling.
Merchandise descending or ascending navigable rivers in French, Annamite, or
Chinese vessels will not necessarily have to be landed at the frontier, unless there is
an appearance of 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.—Produce 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 Tonkin on any articles of indigenous production,
similar Chinese productions will be subjected, on importation, to equivalent taxes.
Art. XII.—Chinese merchandise transported across Tonkin from one of the
two frontier Customs stations to the other, or to an Annamite port to be from thence
exported to China, shall be subjected to a specific 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 produce, on entering Tonkin, shall pay the import duty.
A transit permit will accompany the goods to the place of leaving the country,
whether this be the port of transhipment or the land frontier, and the sum paid by
the proprietor of the merchandise will, after deducting the transit dues, be then
restored to him in exchange for the receipt delivered to him by the Tonkin Customs.
8-t TRADE REGULATIONS FOR THE TONKIN FRONTIER
Every false declaration or act evidently intended to deceive tlie French admini-
stration as to the quality, quantity, real origin, or real destination of merchandise
oil 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 1
merchandise despatched from a Chinese port to an Annamite port in order to get to-
the Chinese frontier Customs by crossing Tonkin.
Art. XIII.—The following articles, that is to say, gold and silver ingots, foreign ;
money, flour, Indian meal, sago, biscuits, preserved meats and vegetables, cheese,. |
butter, confectionery, foreign clothing, jewellery, plated ware, perfumery; soaps of all
kinds, charcoal, firewood, candles (foreign), tobacco, wine, beer, spirits, household .
stores, ship’s stores, personal baggage, stationery, carpeting, cutlery, drugs, foreign 1
medicines, and glassware, shall be verified by the Chinese Customs on their entry j
and clearance; if they are really of foreign origin and intended for the persona# i
use of foreigners, and if they arrive in moderate quantity, a duty exemption certificate I
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- 1
duction will render them subject to the same penalty as smuggled goods.
With the exception of gold, silver, money, and luggage, which will remain exempt
from duty, the above-mentioned articles destined for the personal use of foreigners |
and imported in moderate quantity, will pay, when they are transported into the
interior of China a duty of per cent, on their value.
The Franco-Annamite frontier Customs shall collect no duty on the following |
articles of personal use which Chinese carry with them, either on entering or leaving
Tonkin, that is to say, money, luggage, clothes, women’s head ornaments, paper,
hair pencils, Chinese ink, furniture, or food, or on articles ordered by the Chinese-
Consuls in Tonkin for their personal consumption.
Art. XIV.—The high contracting parties agree to prohibit trade in and trans-
port of opium of whatsoever origin by the land frontier between Tonkin on the one-
side and Yunnan, Kwang-si, and Kwangtung on the other side.
Art. XV.—The export of rice and of cereals from China is forbidden. The
import of these articles shall be free of duty.
The import of the following articles into China is forbidden :—Gunpowder, pro-
jectiles, rifles and guns, saltpetre, sulphur, lead, spelter, arms, salt, and immoral
publications.
In case of contravention these articles shall be entirely confiscated.
If the Chinese authorities have arms or munitions bought or if merchants
receive express authority to buy them, the importation will be permitted under the
special surveillance of the Chinese Customs. The Chinese authorities may, further-
more, by arrangement with the French Consuls, obtain for the arms and munitions-
which they wish to have conveyed to China through Tonkin exemption from all the
Franco-Annamite duties.
The introduction into Tonkin of arms, munitions of war, and immoral publica-
tions is also prohibited.
Art. XVI. Chinese residing in Annam shall be placed under the same condi-
tions, with regard to criminal, fiscal, or other jurisdiction, as the subjects of the most
favoured nation. Law-suits which may arise in China, in the open markets on the
frontier, between 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
I; rench protection in China, in the places opened to trade, the procedure shall be in
conformity with the stipulations of Articles XXXIII. and XXXIY. of the treaty o£
the 27th June, 1858.
CONVENTION BETWEEN FRANCE AND CHINA, 1887 85-
Art. XVII.—-If in the places opened to trade on the frontier of China, Chinese
TMBserters or persons accused of crimes against the Chinese law shall take refuge in
lipe houses or on hoard the vessels of Frenchmen or persons under French protection,,
l-me local authority shall apply to the Consul, who, on proof of the guilt of the accused,
llpall immediately take the necessary measures in order that they may he given up,
Ahd delivered to the regular course of the law.
I Chinese guilty or accused of crimes or offences who seek refuge in Annam shall,
n the request of the Chinese authorities and on proof of their guilt, be sought for,
mrrested, and extradited in all cases where the subjects of the countries enjoying the
onost 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,
Jithall, at the request of the French authorities and on proof of their guilt, be arrested
fc'^nd delivered up to the said authorities to be tried according to the I'egular process
jhf law.
I On both sides all concealment and connivance shall be avoided.
Art. XVIII.—In any difficulty not provided for in the preceding provisions-
'drecourse shall be had to the rules of the Maritime Customs, which, in conformity
iwith existing Treaties, are now applied in the open towns or ports.
In case these rules are insufficient the representatives of the two countries
;dshall refer the matter to their respective Governments.
In accordance with the terms of Article VIII. of the treaty of the 9th June,.
1M1885, the present stipulations may be revised ten years after the exchange of the
flratifi cations.
Art. XIX.—The present Convention of Trade, after having been ratified by the-
4gc■overnments, shall be promulgated in France, in China, and in Annam.
The exchange of the ratifications shall take place at Peking within one year from-
I 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
S day of the third moon of the twelfth year of Kwang Hsu.
(Signed) [L.S.] G. COGORDAN.
[L.S.] E. Bruwaert.
[L.S.] Li Hung-chang.
CONVENTION BETWEEN ERANCE 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 Yamen and Vice-President of the Board of Works.
The President of the Republic has appointed His Excellency Constaus, 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.
«6 CONVENTION BETWEEN FRANCE AND CHINA, 1887
Art. IT.—Whereas it was agreed by the Treaty of 1886 that Lungchow in KwangsJ
and Mengtzu in Yunnan should be opened to trade, and whereas Manghao, which
lies between Paosheng and Mengtzu, is in the direct road between the two places byj
water, it is agreed that this also should be opened to trade on the same conditions aej •
the other ports, and that a deputy of the Consul at Mengtzu shall be allowed tflj
reside there.
Art. III.—In order to develop the trade between China and Tonkin as rapidly]
as possible the tariff rules laid down in Articles YI. and VII. of the Treaty of 18861
are temporarily altered, and it is agreed that foreign goods imported to Yunnan and-
Kwangsi from Tonkin shall pay 70 per cent, of the import duties collected by the.
Customs at the Coast Ports in China, and that produce exported from China to Ton-
kin shall pay 60 per cent, of the export duties in force at the Treaty Ports.
Art. IV.—Chinese produce wbicb has paid import duties under Art. XI. of the i
Treaty of 1886, and is transported through Tonkin to a port of shipment in Cochin-;
China, shall, if exported thence to any other place than China, pay export duties accord--
ing to the Franco-Annamite tariff.
Art. V.—Trade in Chinese native opium by land is allowed on payment of an ]
export duty of Tls. 20 per picul, but French merchants or persons under French pro-
tection may only purchase it at Lungchow, Mengtzu, and Manghao, but no more than
Tls. 20 per picul shall be exacted from the Chinese merchants as inland dues. When
opium is sold the seller shall give the buyer a receipt showing that the inland dues ;
have been paid, which the exporter will hand to the Customs when paying export duty.;
It is agreed that opium re-imported to China by the Coast Ports cannot claim the
privileges accorded other re-imports of goods of native origin.
Art. VI.—French and Tonkinese vessels other than men-of-war and vessels
carrying troops and Government stores plying on the Songkat and Caobang Rivers I
between Langshan and Caobang shall pay a tonnage due of 5 candareens per ton at
Lungchow. but all goods on board shall pass free. Goods may be imported to China |
by the Songkat ami Caobang Rivers or overland by the Government road, but until 1
the Chinese Government establishes Custom-houses on the frontier goods taken 1
overland must not be sold at Luugchow until they have paid duty there.
Art. VII.—It is agreed that should China enter into treaties with regard to com-1
mercial relations on her southern and south-western frontiers all privileges accorded a
by her to the most favoured nation are at once without further formality accorded to 9
France.
Art. VIII.—The above Articles having been agreed to and translated into 1
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 I
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 j
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.
CiDDITIONAL CONVENTION BETWEEN FRANCE ANI>
CHINA
Signed at Peking, 20th June, 1895
, j Art. I.—It is agreed, to assure the policing of the frontier, that the French
(•overnment will have the right of maintaining' an agent of the Consular order at
onghing opposite Monkay on the frontier of Kwangtung. A further regulation
ill determine the conditions under which these should be exercised in accordance
ith the French and. Chinese authorities and the communal police of the Sino-
nnamite frontier.
Art II.—Article II. of the Convention, signed at Peking, June 26th, 1887, is
A rodified and completed as follows:—It is agreed between the high contracting
I arties that the town of Lungchow in Kwangsi and that of Mengtse in Yunnan
£ re open to French-Annamite commerce. It is intended besides that the port
J pen to commerce on the river route of Laokay to Mengtse will no longer be
J3 lanhao, but Hokow, and that the French Government have the right of maintaining
v ,t Hokow an agent under the Consul at Mengtse, at the same time the Chinese
xovernment can maintain a Customs agent.
Art. III.—It is agreed that the town of Szemao in Yunnan shall be open to
Trench-Ann am ite commerce, like Lungchow and Mengtse, and that the French.
Government will have the right as in the other open port of maintaining a Consul
it the same time that the Chinese Government can maintain a Customs agent. The
ocal authorities will employ themselves to facilitate the installation of the French
Consul in the proper residence. Frenchmen and protected French subjects may
sstablish themselves at Szemao under conditions of the Articles VII., X., XI., and XII.,
ynd others of the Treaty of June 27th, 1858; also by Article III. of the Convention of
rjApril 25th, 1886. Goods destined for China can be transported by the rivers,
particularly the Loso and the Mekong as well as by land routes, and particularly by
the Mandarin-road, which leads either from Mongle or Ipang to Szemao and Puerh,
the duties which these goods will be subject to being paid at Szemao.
Art. IV.—Article IX. of the Commercial Convention of April 25th, 1886, is
modified as follows:—(1) Chinese goods in transit from one of the other four towns
open to commerce on the frontier, Lungchow, Mengtse, Szemao, and Hokow, in
passing by Annam, will pay on leaving the reduced duties of four-tenths. A
special certificate will be delivered stating the payment of this duty, and destined
to accompany the goods. When they have come to another town they shall be
exempt from payment and import duty. (2) Chinese goods which shall be exported
from the four above-named localities and transported to Chinese ports, maritime
or fluvial, open to commerce, shall be freed on leaving the frontier by payment of
the induced 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
ADDITIONAL CONVENTION BETWEEN EEANCE AND CHINA, 1895
delivered, stating the payment of this duty, and destined to accompany the good
When they shall have arrived at one of the frontier Customs they shall be free
on entry by half duty of re-importation based on the reduction of four-tenthi
(4) The Chinese goods above mentioned, accompanied by the special certificat
above mentioned, shall be, before passing the export Customs, or after passim
Customs re-importation, submitted to the regulations governing native Chined
goods.
Art. Y.—It is understood that China, for the exploitation of its mines in th
provinces of Yunnan, Kwangsi, and Kwangtung, will address itself, in the firs
instance, to French commerce and engineers, the exploitation remaining otherwi®
subject to the rules and the edicts by the Imperial Government which affect
national industry. It is understood that railways already in existence or projecte<
in Annam can, after mutual agreement, and under conditions to be defined, bi
prolonged on Chinese territory.
Art. VI.—Article II. of the Telegraphic Convention between France and China,
•signed at Chefoo, December 1, 1888, is completed as follows:—D.—A union shall bti
established between the secondary prefecture of Szemao and Annam by two stations
•which shall be Szemao in China and Muang Hahin in Annam, midway between
Laichow and Luang Prabang. The tariff shall be fixed in conformity with Article
YI. 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-S
mined by the necessities of the relations between Lungchow, Hokow, Mengtse,
Szemao, 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-1
sent complementary Convention shall be ratified immediately by His Majesty the I
Emperor of China, and after it has been ratified by the President of the French j
Eepublic 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-eighth day of the fifth moon of the twenty-
first year Kwang Hsu.
(Signed) A. Gerard.
Chino.
UNITED STATES
TREATY BETWEEN THE UNITED STATES OE AMERICA
AND CHINA
Signed, in the English and Chinese Languages, at Tientsin
18th June, 1858
Ratifications exchanged at Pehtang, \Qth August, 1859
The United States of America and the Ta-Tsing Empire, desiring to maintain,
rm, lasting, and sincere friendship, have resolved to renew, in a manner clear and
isitive, by means of a Treaty or general Convention of Peace, Amity, and Commerce,,
te rules which shall in future be mutually observed in the intercourse of their
ispective countries; for which most desirable object ihe President of the United
itates and the August Sovereign of the Ta-Tsing Empire have named for their
'’lenipotentiaries, to wit: the President of the United States of America, William B.
eed, Envoy Extraordinary and Minister Plenipotentiary to China; and His-
’ajesty the Emperor of China, Kweiliang, a member of the Privy Council and
luperintendent of the Board of Punishments, and Hwashana, President of the Board
[f Civil Office and Major-General of the Bordered Blue Banner Division of the-
Ihinese Bannermen, both of them being Imperial Commissioners and Plenipotenti-
ries: And the said Ministers, in virtue of the respective full powers they have received
rom their Governments, have agreed upon the following Articles :—
Art I.—There shall be, as there has always been, peace and friendship between
he United States of America and the Ta-Tsing Empire, and between their people
espectively. They shall not insult or oppress each other for any trifling cause, so as
o produce an estrangement between them; and if any other nation should act
mjustly or oppressively, the United States will exert their good offices, on being-
nformed 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
tnn>y this
lis way,
Majesty
viz.:theThe
Emperor
originalof China,
Treaty,this
as Treaty
ratifiedshall be kept
by the and sacredly
President of the guarded
United
States, shall be deposited at Peking, the capital of His Majesty the Emperor of China,
nil charge of the Privy Council; and, as ratified by His Majesty the Emperor of China,
ihall be deposited at Washington, the capital of the United States, in charge of the
^ icretary of State.
Art. III.—-In order that the people of the two countries may know and obey the
provisions of this Treaty, the United States of America agree, immediately on the
exchange of ratifications, to proclaim the same and publish it by proclamation in the
Gazettes where the laws of the United States of America are published by authority;
and His Majesty the Emperor of China, on the exchange of ratifications, agrees
immediately to direct the publication of the same at the capital and by the Governors
of all the provinces.
Art. IY.—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
•90 TREATY BETWEEN THE UNITED STATES AND CHINA
general post; and all such communications shall he most carefully respected. Tl|i|
Privy Council and Governors-General, as the case may be, shall in all cases cohskU
and acknowledge such communications promptly and respectfully.
Art. Y.—The Minister of the United States of America in China, whenever he ha
business, shall have the right to visit and sojourn at the capital of His Majesty th
Emperor of China and there confer with a member of the Privy Council or any oth«
high officer of equal rank deputed for that purpose, on matters of common intere?
and advantage. His visits shall not exceed one in each year, and he shall completj
his business without unnecessary delay. He shall be allowed to go by land or con*
to the mouth of the Pei-ho, in which he shall not bring ships-of-war, and he shal
inform the authorities of that place in order that boats may be provided for him to g;
on his journey. He is not to take advantage of this stipulation to request visits ti
the capital on trivial occasions. Whenever he means to proceed to the capital b
shall communicate in writing his intention to the Board of Bites at the capital, ant
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 thi
•capital he shall be furnished with a suitable residence prepared for him, and he shal
defray his own expenses; and his entire suite shall not exceed twenty person!
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 Treat]
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 furthej
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 (cliau-hwui). The Consuls and the local officers, civil and military,
in corresponding together shall likewise employ the style and form of mutual
communication (chau-hwui). When inferior officers of the one Government address!
the superior officers of the other they shall do so in the style and form of memorial
{shin-chin). Private individuals, in addressing superior officers, shall employ the;
style of petition (pin-ching). In no case shall any terms or style be used or suffered
which shall be offensive or disrespectful to either party. And it is agreed that no
present, under any pretext or form whatever, shall ever be demanded of the United!
States by China, or of China by the United States.
Art. VIII.-—In all future personal intercourse between the representative of:
the United States of America and the Governors-General or Governors the interviews'
shall be had at the official residence of the said officers, or at their temporary resi-1
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 I
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 seks 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
TREATY BETWEEN THE UNITED STATES AND CHINA 91
Iminions of China as shall be agreed to be opened, who shall hold official intercourse
Id correspondence with the local officers of the Chinese G-overnment (a Consul or a
Ice-Consul in charge taking rank with an intendant of circuit or a prefect), either
irson ally or in writing, as occasion may require, on terms of equality and reciprocal
« spect. And the Consuls and local officers shall employ the style of mutual
i unmunieation. If the officers of either nation are disrespectfully treated, or aggrieved
b i any way by the other authorities, they have the right to make representation of
it ie same to the superior officers of their respective Governments, who shall see that
t ill inquiry and strict justice shall be had in the premises. And the said Consuls andt
a ^ents shall carefully avoid all acts of offence to the officers and people of China.-
I in the arrival of a Consul duly accredited fit any port in China, it shall be the duty
If the Minister of the United States to notify the same to the Governor-General of
i province where such port is, who shall forthwith recognize the said Consul and
nt him authority to act.
Art. XI.—All citizens of the United States of America in China, peaceably
snding to their affairs, 1 icing placed on a common footing of amity and good-
l with subjects of China, shall receive and enjoy for themselves and everything
ertaining to them the protection of the local authorities of Government, who shall
end them from all insult or injury of any sort. If their dwellings or property be-
eatened or attacked by mobs, incendiaries, or other violent or lawless persons, the
tl officers, on requisition of the Consul, shall immediately despatch a military force
lisperse the rioters, apprehend the guilty individuals, and punish them with the
lost rigour of the law. Subjects of China guilty of any criminal act towards citizens
>f the United States shall be punished by the Chinese authorities according to the laws
>f 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
lommit 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
Ithe 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
re-pass 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
civil and military, on receiving information thereof, shall arrest the said robbers or
pirates, and punish them according to law, and shall cause all the property which can
be recovered to be restored to the owners, or placed in the hands of the Consul. If
I 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
92 TREATY BETWEEN THE UNITED STATES AND CHINA
recovered, the Chinese Government shall not make indemnity for the goods lost; hi
if it shall be proved that the local authorities have been in collusion with the robber
the same shall be communicated to the superior authorities for memorializing tk
'Throne, and these officers shall be severely punished and their property be confiscate
to repay the losses.
Art. XIY.—The citizens of the United States are permitted to frequent the porf
and cities of Canton and Chan-chau, or Swatow, in the province of Kwangtung; Amoj
Foochow, and Tai-wan in Formosa, in the province of Fuhkien; Ningpo in the provinc
of Chekiang; and Shanghai in the province of Kiangsu, and any other port or plac
hereafter by Treaty with other powers or with the United States opened to commerce
and to reside with their families and trade there, and to proceed at pleasure with theis
vessels and merchandise from any of these ports to any other of them. But said vessel
shall not carry on a clandestine or fraudulent trade at other ports of China, not declare<
■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 articl
•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. XY.—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 merchant
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 thei
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. XYI.—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 tho 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 lightships should be placed.
Art. XVTI.—Citizens of the United States shall be allowed to engage pilots to i
take their vessels into port, and, when the lawful duties have all been paid, take them j:
out of port. It shall be lawful for them to hire at pleasure servants, compradores, :
linguists, writers, labourers, seamen, and persons for whatever necessary service, with
passage or cargo-boats, for a reasonable compensation, to be agreed upon by the ;
parties or determined by the Consul.
Art. XVIII.—Whenever merchant vessels of the United States shall enter a port,
the Collector of Customs shall, if he see fit, appoint Custom-house officers to guard
said vessels, who may live on board the ship or their own boats, at their convenience. A
The local authorities of the Chinese Government shall cause to be apprehended all
mutineers or deserters from on board the vessels of the United States in China on
being informed by the Consul, and will deliver them up to the Consuls or other officers
for punishment. And if criminals, subjects of China, take refuge in the houses, or on
board the vessels of citizens of the United States, they shall not be harboured, but
TREATY BETWEEN THE UNITED STATES AND CHINA
hall be delivered up to justice on due requisition by the Chinese local officers,
iddressed to those of the United States. The merchants, seamen, and other citizens
if the United States shall be under the superintendence of the appropriate officers of
[heir Government.' If individuals of either nation commit acts of violence or disorder,
ise arms to the injury of others, or create disturbances endangering life, the officers of
[he two Governments will exert themselves to enforce order and to maintain the
iublic peace, by doing impartial justice in the premises.
Art. XIX.—Whenever a merchant vessel belonging to the United States shall
it anchor in either of the said ports, the supercargo, master, or consignee, shall,
Ivithin forty-eight hours, deposit the ship’s papers in the bands of the Consul or
person charged with his functions, who shall cause to be communicated to the Super-
ntendent 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 lie 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
l-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, bn 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
TREATY BETWEEN THE UNITED STATES AND CHINA
goods, and duties of export on the lading of the same. When all such duties shl
have been paid, and not before, the Collector of Customs shall give a port-clearaif
and the Consul shall return the ship’s papers. The duties shall be paid to the shrc
authorized by the Chinese Government to receive the same. Duties shall be paid a
received either in sycee silver or in foreign money, at the rate of the day. If 1
Consul permits a ship to leave the port before the duties and tonnage dues are p|
he shall be held responsible therefor.
Art. XXIII.—When goods on board any merchant vessel of the United Stai I
in port require to be transhipped to another vessel application shall be made to fl m
Consul, who shall certify what is the occasion therefor to the Superintendent:
Customs, who may appoint officers to examine into the facts and permit \ I
transhipment. And if any goods be transhipped without written permits, they sli
be subject to be forfeited to the Chinese Government.
Art. XXIV.—-Where there are debts due by subjects of China to citizens of t k
United States, the latter may seek redress in law; and, on suitable representation bei d
made to the local authorities through the Consul, they will cause due examination, »
the premises, and take proper steps to compel -satisfaction. And if citizens of I t<
United States be indebted to subjects of China, the latter may seek redress ' if
representation through the Consul, or by suit in the Consular Court; but neitl b
Government will hold itself responsible for such debts.
Art. XXY.—It shall be lawful for the officers or citizens of the United States, u
employ scholars and people of any part of China, without distinction of persons/: £
teach any of the languages of the Empire, and assist in literary labours, and t J
persons so employed shall not for that cause be subject to any injury on the p;
either of the Government or individuals; and it shall in like manner be lawful / i
citizens of the United States to purchase all manner of books in China.
Art. XXYI.—Relations of peace and amity between the United States and Chij 1!
being established by this Treaty, and the vessels of the United States being admitt||i
to trade freely to and from the ports of China open to foreign commerce, it is furtlfli
agreed that, in case at any time hereafter China should be at war with any foreijr
nation whatever, and should for that cause exclude such nation from entering wk:
ports, still the vessels of the United States shall none the less continue to pursue tb t
commerce in freedom and security, and to transport goods to and from the ports i
the belligerent Powers, full respect being paid to the neutrality of the flag of t 1
United States, provided that the said flag shall not protect vessels engaged in t] i
transportation of officers or soldiers in the enemy’s service, nor shall said flag: p
fraudulently used to enable the enemy’s ships, with their cargoes, to enter the poi c
of China; but all such vessels so offending shall be subject to forfeiture and confisc i
tion to the Chinese Government.
Art. XXVII.—All questions in regard to rights, whether of property or perse i
arising between citizens of the United States in China, shall be subject to t] «
jurisdiction and be regulated by the authorities of their own Government; and I
controversies occurring in China between citizens of the United States and t.
subjects of any other Government shall be regulated by the Treaties existing betwej |
the United States and such Governments respectively, without interference on t| i
part of China.
Art. XXYIII.—If citizens of the United States have special occasion to addre i
any communication to the Chinese local officers of Government, they shall submit tl U
same to their Consul or other officer, to determine if the language be proper an
respectful, and the matter just and right, in which event he shall transmit the sa~^
to the appropriate authorities for their consideration and action in the premises,
subjects of China have occasion to address the Consul of the United States they m
address him directly, at the same time they inform their own officers, representing tl|j
case for his consideration and action in the premises; and if controversies aria*
between citizens of the United States and subjects of China, which cannot be amicabifc
settled otherwise, the same shall be examined and decided conformably to justice aqj
equity by the public officers of the two nations, acting in conjunction. The extortieji
ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA 95
of illegal fees is expressly prohibited. Any peaceable persons are allowed to enter
the Court in order to; interpret, lest injustice be done.
B Art. XXIX,— The principles of the Christian Religion, as professed by the
Protestant and Roman Catholic Churches, are recognised as teaching men to do good,
and to do to others as they would have others to do to them. Hereafter those who
■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
1 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,
ijmerchants, and citizens.
| The present Treaty of Peace, Amity, and Commerce shall be ratified by the
I 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.
I 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
I 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.] William B. Reed.
[l.s.] Kweiliang.
[l.s.] Hwashana.
[Appended to the foregoing Treaty are Tariff and Rules identical with those
Annexed to the British Treaty of Tientsin.]
ADDITIONAL TREATY BETWEEN THE UNITED
STATES AND CHINA
Signed, in the English and Chinese Languages, at Washington,
28th July, 1868
Ratifications Exchanged at Peking, 23rd November, 1869
Whereas, siuce the conclusion of the Treaty between the United States of America
and the Ta-Tsing Empire (China) of the 18th June, 1858, circumstances have
arisen showing the necessity of additional Articles thereto: the President of the
United States and the August Sovereign of the Ta-Tsing Empire have named for
their Plenipotentiaries: to wit, the President of the United States of America,
William R. Seward, Secretary of State; and His Majesty the Emperor of China,
| Anson Burlingame, accredited as his Envoy Extraordinary and Minister Plenipo-
tentiary, and Chih-kang and Sun-chia-ku, of the second Chinese rank, associated
high Envoys and Ministers of his said Majesty; and the said Plenipotentiaries, after
having exchanged their full powers, found to be in due and proper form, have agreed
upon the following Articles :—
Art. I.—His Majesty the Emperor of China, being of the opinion that in making
concessions to the citizens or subjects of foreign Powers, of the privilege of residing
96 ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA
on certain tracts of land, or resorting to certain waters of that Empire, for purpos
of trade, he has bv no means relinquished his right of eminent domain or dorninil
over the said lauds and waters, hereby agrees that no such concession or grant sh?
be construed to give to any Power or party which may be at war with or hostile i >f
the United States, the right to attack the citizens of the United States, or th< *
property, within the said lands or waters: And the United States for themself 9
hereby agree to abstain from offensively attacking the citizens or subjects of ai ;
Power or party, or their property, with which they may be at war, on any such trai it
of land or water of the said Empire. But nothing in this Article shall be construi i
to prevent the United States from resisting an attack by any hostile Power or pari j<
upon their citizens or their property.
It is further agreed that if any right or interest in any tract of land in Chin it
has been, or shall hereafter be, granted by the Government of China to the Unit* i
States or their citizens for purposes of trade or commerce, that grant shall in x a
event be construed to divest the Chinese Authorities of their right of jurisdictic 1
over persons and property within said tract of land except so far as the right mf x
have been expressly relinquished by Treaty.
Art. II.—The United States of America and His Majesty the Emperor of Chin n
believing that the safety and prosperity of commerce will thereby best be promote <
agree that any privilege or immunity in respect to trade or navigation within tl
Chinese dominions which may not have been stipulated for by Treaty, shall be subjei ■;
to the discretion of the Chinese Government, and may be regulated by it according! i
but not in a manner or spirit incompatible with the Treaty stipulations of the partie >1
Art. ILL—The Emperor of China shall have the right to appoint Consuls f i
ports of the United States, who shall enjoy the same privileges and immunities t i
those which are enjoyed by public law and Treaty in the United States by the Consu e
of Great Britain and Bussia, or either of them.
Art. IV.—The 29th Article of the Treaty of the 18th June, 1858, having stipulate
for the exemption of the Christian citizens of the United States and Chinese convert
from persecution in China on account of their faith, it is further agreed that citizei
of the United States in China of every religious persuasion, and Chinese subjects
the United States, shall enjoy entire liberty of conscience, and-shall be exempt froi
all disability or persecution on account of their religious faith or worship in eith<
country. Cemeteries for sepulture of the dead, of whatever nativity or nationalit;
shall be held in respect and free from disturbance or profanation.
Art. V.—The United States of America and the Emperor of China cordiall]
recognize the inherent and inalienable right of man to change his home and allegiancJ
and also the mutual advantage of the free migration and emigration of their citizei
and subjects respectively from the one country to the other for the purposes of curiositj
of trade, or as permanent residents. The high contracting parties, therefore, join i
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 thi
United States, or a Chinese subject, to take Chinese subjects either to the Unitec
States or to any other foreign country; or for a Chinese' subject or citizen of thi
United States to take citizens of the United States to China, or to any other foreigr
country, without their free and voluntary consent respectively.
Art. VI.—Citizens of the United States visiting or residing in China shall enjojoi
the same privileges, immunities, or exemptions in respect to travel or residence as maj
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 enjoj
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. Bu1
nothing herein contained shall be held to confer naturalization upon citizens of thi
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
IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA 97
institutions under the control of the G-overnment 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
to reside; and, reciprocally, Chinese subjects may enjoy the same privileges and
immunities in the United States.
E Art. VIII.—The United States, always disclaiming and discouraging all prac-
tices of unnecessary dictation and intervention by one nation in the affairs or domestic
administration of another, do hereby freely disclaim and disavow any intention or
right to intervene in the domestic administration of China in regard to the construc-
tion of railroads, telegraphs, or other material internal improvements. On the other
hand, His Majesty the Emperor of China reserves to himself the right to decide the
time and manner and circumstances of introducing such improvements within his
dominions. With this mutual understanding it is agreed by the contracting parties
that, if at any time hereafter his Imperial Majesty shall determine to construct, or
cause to be constructed, works of the character mentioned within the Empire, and
shall make application to the United States or any other 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.
r In faith whereof, the respective Plenipotentiaries have signed this Treaty and
thereto affixed the seals of their arms.
s Done at Washington, the twenty-eighth day of July, in the year of our Lord one
thousand eight hundred and sixty-eight.
[l.s.] (Signed) William H. Seward. [l.s.] (Signed) Chih Kang.
1 [l.s.] „ Anson Burlingame. [l.s.] „ Sun Chiaku.
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
1 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
4
98 IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA
their full powers, aud, haying 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,
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 will and accord and shall be accorded all the rights,
privileges, immunities, and exemptions which are accorded to the citizens and subjects
of the most favoured nations.
Art. III.—If Chinese labourers, or Chinese of any other class, now either
permanently or temporarily residing in the territory of the United States, meet with
ill-treatment at the hands of any other persons, the Government of the United States
will exert all its power to devise measures for their protection, and secure to them the
same rights, privileges, immunities and exemptions as may be enjoyed by the citizens
or subjects of the most favoured nation, and to which they are 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
upon the subjects of China, the Chinese Minister at Washington may bring the
matter to the notice of the Secretary of State of the United States, who will consider
the subject with him, and the Chinese Foreign Office may also bring the matter to
the notice of the U.S. Minister at Peking and consider the subject with him, to the
end that mutual and unqualified benefit may result. In faith whereof, the Plenipo-
tentiaries have signed and sealed the foregoing at Peking, in English and Chinese,
there being three originals of each text of even tenor and date, the ratifications of
which shall be exchanged at Peking within one year from the date of its execution.
Done at Peking, this 17th day of November, in the year of our Lord one thousand
eight hundred and eighty, Kuang Hsu sixth year, tenth moon, fifteenth day.
Signed and sealed by the above-named Commissioners of both Governments
The Commercial Treaty
The President of the United States of America aud 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
IMMIGKA.TION AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA 99
relation 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 such
special extension of commercial intercourse as either may desire.
Art. II.—The Governments of China and of the United States mutually agree
js and undertake that Chinese subjects shall not be permitted to import opium in any
i of the ports of the United States, and citizens of the United States shall not be
I permitted to import opium into any of the open ports of China, or transport from one
3 open port to any other open port, or to buy and sell opium in any of the open ports in
> China. This absolute prohibition, which extends to vessels owned by the citizens
t; 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
I 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
l 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-
j 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, than are imposed or levied on vessels and cargoes of
citizens of the United States,
Art. IV.—When controversies arise in the Chinese Empire between citizens of
the United States and subjects of His Imperial Majesty, which need to be examined
and decided by the public officer of the two nations, it is agreed between the
Governments of the United States and China that such cases shall be tried by the
proper official of the nationality of the defendant. The properly authorized official
of the plaintiff’s nationality shall be freely permitted to attend the trial, and shall
be treated with the courtesy due to his position. He shall be granted all proper
facilities for watching the proceedings in the interest of justice, and if he so desire
he shall have the right to be present and to examine and to cross-examine witnesses.
If he is dissatisfied with the proceedings, he shall be permitted to protest against
them in debate. The law administered will be the law of the nationality of the officer
trying the case.
In faith whereof, the respective Plenipotentiaries have signed and sealed the
foregoing, at Peking, in English and Chinese, there being three originals of each text,
of even tenor and date, the ratifications of which shall be exchanged at Peking within
one year from the date of its execution.
Done at Peking, this seventeenth day of November, in the year of our Lord one
thousand eight hundred and eighty, Kuang Hsu sixth year, tenth moon, fifteenth day.
(Signed) James B. Angell. (Signed) Pao Chun.
„ John F. Swift. „ Li Hung-tsao.
„ William H. Teescott.
IMMIGRATION PROHIBITION TREATY BETWEEN THE
UNITED STATES OE AMERICA AND CHINA, 1894
Ratifications Exchanged at Washington, 7th December, 1894
Whereas, on the 17th of November, a.d. 1880, and of Kwang Hsu, 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 antagonism and much deprecated 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 bonds of
relationship between the two countries; and, whereas the two Governments are desirous
of adopting reciprocal measures for the better protection of the citizens or subjects
of each within the jurisdiction of the other; now, therefore, the President of the
United States has appointed Walter Q. Gresham, Secretary of State, as his
Plenipotentiary, and his Imperial Majesty the Emperor of China has appointed
Yang Yui, Officer of the Second Rank, Sub-director of the Court of Sacrificial
Worship and Envoy Extraordinary and Minister Plenipotentiary, and the said
Plenipotentiaries having exhibited their respective full powers, found to be in due
form and good faith, have agreed upon the following Articles:—
Art. I.—The high contracting parties agree that for a period of ten years
beginning with the date of the ratifications of this Convention, the coming, except
under the conditions hereinafter specified, of Chinese labourers to the United States
shall be absolutely prohibited.
Art. II.—The preceding Article shall not apply to the return to the United
States of any registered Chinese labourer who has a lawful wife, child, or parent in
the United States or property therein of the value of $1,000, or debts of like amount
due to him and pending settlement. Nevertheless, every such Chinese labourer
shall, before leaving the United States, deposit, as a condition of his return, with
the Collector of Customs of the district from which he departs, a full description in
writing of his family or property or debts as aforesaid, and shall be furnished by
the said Collector with such certificate of his* right to return under this Treaty as
the laws of the United States may now or hereafter prescribe, and not inconsistent
with the provisions of the Treaty; and should the written description aforesaid be
proved to be false, the rights of return thereunder, or of continued residence after
return, shall in each case be forfeited. And such right of return to the United
States shall be exercised within one year from the date of leaving the United
States; but such right of return to the United States may be extended for an
additional period, not to exceed one year, in cases where by reason of sickness or
other cause 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.
IMMIGRATION PROHIBITION TREATY BETWEEN THE U.S. & CHINA 101
Art. III.—The provisions of the Convention shall not affect the right at present
(enjoyed by Chinese subjects, being officials, teachers, students, merchants, or
jtravellers 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
iiso 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, vised
I by the diplomatic or consular representative of the United States in the country or
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.
I Art. IV.—In pursuance of Article III. of the Immigration Treaty between the
United States and China, signed at Peking on the 17th day of November, 1880, it is
hereby understood and agreed, that Chinese labourers or Chinese of any other class,
either permanently or temporarily residing in the United States, shall have for the
protection of their persons and property all rights that are given by the laws of the
United States to citizens of the more favoured nations, excepting the right to
become naturalized citizens. And the Government of the United States reaffirms
its obligations, as stated in the said Article III., to exert all its power to secure the
protection to 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 have 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 signed thig
■Convention and have hereunto affixed our seals.
Done, in duplicate, at Washington, the 17th day of March, a.d. 1894.
Walter Q. Gresham,
Secretary of State.
Yang Yxti,
Chinese Minister to the United States.
COMMERCIAL TREATY BETWEEN THE UNITED1
STATES AND CHINA
Signed at Shanghai, 8th October, 1903
[Translation]
The United States of America and His Majesty the Emperor of China, being; ;
animated by an earnest desire to extend further the commercial relations between I
them and otherwise to promote the interests of the peoples of the two countries, in •
view of the provisions of the first paragraph of Article XI. of the Final Protocol ]
signed at Peking on the 7th day of September, a.d. 1901, whereby the Chinese Gov- j
eminent agreed to negotiate the amendments deemed necessary by the foreign. !
Governments to the Treaties of Commerce and Navigation and other subjects concern- |
ing commercial relations, with the object of facilitating them, have for that purpose- !
named as their Plenipotentiaries:—
The United States of America, Edwin H. Conger, Envoy Extraordinary and .
Minister Plenipotentiary of the United States of America to China; John Goodnow, '
Consul-General of the United States of America at Shanghai, John F. Seaman, a. !
Citizen of the United States of America resident at Shanghai;
And His Majesty the Emperor of China, Lu Pai-huan, President of the Board j
of Public Works: Sheng Hsuan-huai, Junior Guardian of the Heir Apparent, \
formerly Senior Vice-President of the Board of Public Works; Wu Ting Fang, j
Senior Vice-President of the Board of Commerce;
Who, having met and duly exchanged their full powers, which were found to be j
in proper form, have agreed upon the following amendments to existing Treaties of:
Commerce and Navigation previously concluded between the two countries, and upon ’
the subjects hereinafter expressed connected with commercial relations, with the- 1
object of facilitating them.
Art. I.—In accordance with international custom, and as the diplomatic !
representative of China has the right to reside in the Capital of the United States, j
and to enjoy there the same prerogatives, privileges and immunities as are enjoyed :
by the similar representative of the most favoured nation, the diplomatic representa-
tive of the United States shall have the right to reside at the capital of His Majesty |
the Emperor of China. He shall be given audience of His Majesty the Emperor :
whenever necessary to present his letters of credence or any communication from the
President of the United States. At all such times he shall be received in a place
and in a manner befitting his high position, and on all such occasions the ceremonial
observed toward him shall be that observed toward the representatives of nations on a
a footing of equality, with no loss of prestige on either side.
The diplomatic representatives of the United States shall enjoy all the preroga- i
tives, privileges and immunities accorded by international usage to such representatives,
and shall in all respects be entitled to the treatment extended to similar representatives
of the most favoured nation.
The English text of all notes or despatches from United States officials to Chinese officials, and the Chinese text of all notes or despatches from Chinese officials-
to United States officials shall be authoritative.
Art. II.—As China may appoint consular officers to reside in the United States
and to enjoy there the same attributes, privileges and immunities as are enjoyed by
consular officers of other nations, the United States may appoint, as its interests may
COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA 103
require, consular officers to reside at the places in the Empire of China that are now
or that may hereafter be opened to foreign residence and trade. They shall hold
direct official intercourse and correspondence with the local officers of the Chinese
Crovernment within their consular districts, either personally or in writing as the case
may require, on terms of equality and reciprocal respect. These officers shall be
treated with proper respect by all Chinese authorities, and they shall enjoy all the
attributes, privileges and immunities, and exercise-all the jurisdiction over their
nationals which are or may hereafter be extended to similar officers of the nation the
most favoured in these respects. If the officers of either Government are disrespect-
-fully treated or aggrieved in any way by the authorities of the other, they shall have
the right to make representation of the same to the superior officers of their own
Government, who shall see that full inquiry and strict justice be had in the premises.
•And the said consular officers of either nation shall carefully avoid all acts of offence
'to the officers and people of the other nation.
On the arrival of a Consul properly accredited at any place in China opened to
foreign trade, it shall be the duty of the Minister of the United States to inform the
Board of Foreign Affairs, which shall, in accordance with international usage, forth-
with cause the due recognition of the said Consul and grant him authority to act.
Art. III.— Citizens of the United States may frequent, reside, and carry on trade,
industries and manufactures, or pursue any lawful avocation, in all the ports or
localities of China which are now open or may hereafter be opened to foreign trade
and residence; and, within the suitable localities at those places which have been or
may be set apart for the use and occupation of foreigners, they may rent or purchase
houses, places of business and other buildings, and rent or lease in perpetuity land
and build thereon. They shall generally enjoy as to their persons and property all
-such rights, privileges and immunities as are or may hereafter be granted to the
subjects or citizens of the nation the most favoured in these respects.
Art. IV.—The Chinese Government, recognising that the existing system of
-levying dues on goods in transit, and especially the system of taxation known as
lekin, impedes the free circulation of commodities to the general injury of trade,
hereby undertakes to abandon the levy of lekin and all other transit dues throughout
the empire and to abolish the offices, stations and barriers maintained for their
■collection and not to establish other offices for levying dues on goods in transit.
It is clearly understood that, after the offices, stations and barriers for taxing goods
in‘transit have been abolished, no attempt shall be made to re-establish them in any
‘form or under any pretext whatsoever.
The Government of the United States, in return, consents to allow a surtax, in
-excess of the tariff rates for the time being in force, to be imposed on foreign goods
imported by citizens of the United States and on Chinese produce destined for export
-abroad or coastwise. It is clearly understood that in no case shall the surtax on
foreign imports exceed one and one-half times the import duty leviable in terms of
the final Protocol signed by China and the Powers on the seventh day of September,
a.d. 1901; that the payment of the import duty and surtax shall secure for foreign
imports, whether in the hands of Chinese or foreigners, in original packages or other-
wise, complete immunity from all other taxation, examination or delay; that the total
amount of taxation, inclusive of the tariff export duty leviable on native produce for
export abroad shall, under no circumstances, exceed seven and one-half per cent.
-ad valorem.
Nothing in this Article is intended to interfere with the inherent right of China
Keeping these fundamental principles in view, the high contracting parties
have agreed upon the following method of procedure :
The Chinese Government undertakes that all offices, stations and barriers of
whatsoever kind for collecting lekin, duties, or such like dues on goods in transit, shall
be permanently abolished on all roads, railways and waterways in the nineteen.
^Provinces of China and the three Eastern Provinces. This provision does not apply
to the native Customs offices at present in existence on the seaboard, at open ports
104 COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA
where there are offices of the Imperial Maritime Customs, and on the land frontier*
of China embracing the nineteen Provinces and the three Eastern Provinces.
Wherever there are offices of the Imperial Maritime Customs, or wherever such
may be hereafter placed, native Customs offices may also be established, as well as at
any point either on the seaboard or land frontiers.
The Government of the United States agrees that foreign goods on importa- >
tion, in addition to the effective five per cent, import duty as provided for in the- 1
Protocol of 1901, shall pay a special surtax of one and one-half times the amount of ;
the said duty to compensate for the abolition of lekin, of other transit dues beside* j
lekin, and of all other taxation on foreign goods and in consideration of the other l
reforms provided for in this Article.
The Chinese Government may re-cast the foreign export tariff with specific j
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 .j
given. In cases where existing export duties are above five per cent., they shall j
be reduced to not more than that rate. An additional special surtax of one-half the i
export duty payable for the time being, in lieu of internal taxation of all kinds, may |
be levied at the place of original shipment, or at the time of export on goods exported ]
either to foreign countries or coastwise.
Foreign goods which bear a similarity to native goods shall be furnished by the !
Customs officers, if required by the owner, with a protective certificate for each pack- 1
age, on the 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 Customs offices only, to be dealt with according to the fiscal regulations of the :
Chinese Government.
Machine-made cotton yarn and cloth manufactured in China, whether by foreigners- 1
at the open ports or by Chinese anywhere in China, shall as regards taxation be J
on a footing of perfect equality. Such goods upon payment of the taxes thereon. ']
shall be granted a rebate of the import duty and of two-thirds of the import surtax
paid on the cotton used in their manufacture, if it has been imported from abroad, 1
and of all duties paid thereon if it be Chinese grown cotton. They shall also be free |
of export duty, coast-trade duty and export surtax. The same principle and pro- ;
cedure shall be applied to all other products of foreign type turned out by machinery -
in China. |
A member or members of the Imperial Maritime Customs foreign staff shall be
selected by the Governors-General and Governors of each of the various provinces of
the Empire for their respective provinces, and appointed in consultation with the
Inspector-General of Imperial Maritime Customs, for duty in connection with native
Customs affairs to have a general supervision of their working.
Cases where illegal action is complained of by citizens of the United States hhall
be promptly investigated by an officer of the Chinese Government of sufficiently high ;
rank, in conjunction with an officer of the United States Government, and an' officer j
of the Imperial Maritime Customs, each of sufficient standing; and, in the event of i
it being found by the investigating offii ers that .the complaint is well founded and j
loss has been incurred, due compensation shall be paid through the Imperial Mari- l
time Customs. The high provincial officials shall be held responsible that the officer j
guilty of the illegal action shall he severely punished and removed from his post. If ;
the complaint is shown to be frivolous or malicious, the complainant shall be held \
responsible for the expenses of the investigation.
When the ratifications of this Treaty shall have been exchanged by the high |
contracting parties hereto, and the provisions of this Article shall have been accepted i
by the Powers having Treaties with China, then a date shall be agreed upon when
the provisions of this Article shall take effect, and an Imperial Edict shall be
jmblished in due form on yellow paper and circulated throughout the Empire of
China setting forth the abolition of all lekin taxation, duties on goods in transit,.
COMMEECIAL TREATY BETWEEN UNITED STATES AND CHINA 103
ipoffices, stations and barriers for collecting the same, and of all descriptions of internal
■taxation on foreign goods, and the imposition of the surtax on the import of foreign
(Igoods and on the export of native goods, and the other fiscal changes and reforms
^provided for in this Article, all of which shall take effect from the said date. The
Edict shall state that the provincial high officials are responsible that any official
disregarding the letter or the spirit of its injunction shall be severely punished and
removed from his post.
Art. V.—-The tariff duties to be paid by citizens of the United States on goods
imported into China shall be as set forth in the schedule annexed hereto and made
part of this Treaty, subject only to such amendment and changes as are authorised
by Article IV. of the present Convention, or as may hereafter be agreed upon by the
present high contracting parties. It is expressly agreed, however, that citizens of
the United States shall at no time pay other or higher duties than those paid by the
citizens or subjects of the most favoured nation.
Conversely, Chinese subjects shall not pay higher duties on their imports into the
United States than those paid by the citizens or subjects of the most favoured nation.
Art. VI.—The Government of China agrees to the establishment by citizens of the
United States of warehouses approved by the proper Chinese authorities as bonded
warehouses at the several open ports of China, for storage, re-packing, or preparation
for shipment of lawful goods, subject to such needful regulations for the protection
of the revenue of China, including a reasonable scale of fees according to com-
modities, distance from the Custom-house, and hours of working, as shall be made
from time to time by the proper officers of the Government of China.
Art. VII.—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, agrees, within one year
from the signing of this Treaty, to initiate and conclude the revision of the existing
mining regulations. To this end China will, with all expedition and earnestness, go
into the whole question of mining rules; and, selecting from the rules of the United
States and other countries, regulations which seem applicable to the condition of
China, will recast its 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, will offer no impediment to the attraction of foreign capital nor place foreign
capitalists at a greater disadvantage than they would be under generally accepted
foreign regulations ; and will permit citizens of the United States to carry on in
Chinese territory mining operations and other necessary business relating thereto,
provided they comply with the new regulations and conditions which may be imposed
by China on its subjects and foreigners alike, relating to the opening of mines, the
renting of mineral land, and the payment of royalty, and provided they apply for
permits, the provisions of which in regard to necessary business relating to such
operations shall be observed. The residence of citizens of the United States in
connection with such mining operations shall be subject to such regulations as shall
be agreed upon between the United States and China.
Any mining concession granted after the publication of such new rules shall be
subject to their provisions.
Art. VIII.—Drawback certificates for the return of duties shall be issued by the
Imperial Maritime Customs to citizens of the United States within three weeks of
the presentation to the Customs of the papers entitling the applicant to receive such
drawback certificates, and they shall be receivable at their face value in payment of
duties of all kinds (tonnage dues excepted) at the port of issue; or shall, in the case
of drawbacks on foreign goods re-exported witbin three years from the date of
importation, be redeemable by the Imperial Maritime Customs in full in ready money
at the port of issue, at the option of the holders thereof. But if, in connection with
any application for a drawback certificate, the Customs authorities discover an
attempt to defraud the revenue, the applicant shall be dealt with and punished in
accordance with the stipulations provided in the Treaty of Tientsin, Article XXL, in
the case of detected frauds on the revenue. In case the goods have been removed,
106 COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA 1
from Chinese territory, then the Consul shall inflict on the guilty party a fine to be-
paid to the Chinese Government.
Art. IX.—Whereas the United States undertakes to protect the citizens of any
country in the exclusive use within the United States of any lawful trade-marks,,
provided that such country agrees by Treaty or Convention to give like protection to >
citizens of the United States :—
Therefore the Government of China, in order to secure such protection in the !
United States for its subjects, now agrees to fully protect any citizen, firm or corpora- ;
tion of the United States in the exclusive use in the Empire of China of any lawful
trade-mark to the exclusive use of which they are entitled in the United States, or- |
which they have adopted and used, or intend to adopt and use as soon as registered,
for exclusive use within the Empire of China. To this end the Chinese Government
agrees to issue by its proper authorites proclamations having the force of law, for- !
bidding all subjects of China from infringing on, imitating, colourably imitating, or I
knowingly passing off an imitation of trade-marks belonging to citizens of the United i
States, which shall have been registered by the proper authorities of the United States '
at such offices as the Chinese Government will establish for such purpose, on payment !
of a reasonable fee, after due investigation by the Chinese authorities, and in com- !
pliance with reasonable regulations.
Art. X.—The United States Government allows subjects of China to patent their
inventions in the United States and protects them in the use and ownership of such
patents. The Government of China now agrees that it will establish a Patent Office, j
After this office has been established and special laws with regard to inventions have
been adopted it will thereupon, after the payment of the legal fees, issue certificates. ’
of protection, valid for a fixed term of years, to citizens of the United States on all
their patents issued by the United States, in respect of articles the sale of which is 1
lawful in China, which do not infringe on previous inventions of Chinese subjects,
in the same manner as patents are to be issued to subjects of China.
Art. XI.—Whereas the Government of the United States engages to give the j
benefits of its copyright laws to the citizens of any foreign State which gives to the
citizens of the United States the benefits of copyrights on an equal basis with its own
citizens:—
Therefore the Government of China, in order to secure such benefits in the United
States for its subjects, now agrees to give full protection, in the same way and
manner and subject to the same conditions upon which it agrees to protect trade- 1
marks, to all citizens of the United States who are authors, designers or proprietors
of any book, map, print or engraving especially prepared for the use and education
of the Chinese people, or translation into Chinese of any book, in the exclusive right
to print and sell such book, map, print, engraving or translation in the Empire of
China during ten years from the date of registration. With the exception of the
books, maps, etc., specified above, which may not be reprinted in the same form, no
work shall be entitled to copyright privileges under this Article. It is understood that
Chinese subjects shall be at liberty to make, print and sell original translations into
Chinese of any works written or of maps compiled by a citizen of the United States.
This Article shall not be held to protect against due process of law any citizen of the
United States or Chinese subject who may be author, proprietor or seller of any
publication calculated to injure the well-being of China.
Art. XII.—The Chinese Government having in 1898 opened the navigable
inland waters of the Empire to commerce by all steam vessels, native or foreign, that
may be specially registered for the purpose, for the conveyance of passengers and
lawful merchandise, citizens, firms and corporations of the United States may engage
in such commerce on equal terms with those granted to subjects of any foreign Power.
In case either party hereto considers it advantageous at any time that the rules
and regulations then in existence for such commerce be altered or amended, the
Chinese Government agrees to consider amicably, and to adopt such modifications
thereof as are found necessary for trade and for the benefit of China.
COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA . 107
The Chinese Government agrees that, upon the exchange of the ratifications of
L this Treaty, Mukden and Antung, both in the province of Sheng-king, will be opened
by Chiaa itself as places of international residence and trade. The selection of
fitting localities to be set apart for international use and occupation, and the regula-
tions for these places set apart for foreign residence and trade shall be agreed upon
by the Governments of the United States and China after consultation together.
Art. XIII.—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 of China by the citizens of the United States as
well as Chinese subjects. It is understood, however, that all Customs duties shall
continue to be calculated and paid on the basis of the Haikuan Tael.
Art. XIV.—The principles of the Christian religion, as professed by the Pro-
testant and Roman Catholic Churches, are recognised as teaching men to do good
and to do to others as they would have others do to them. Those who quietly pro-
fess 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 these tenets, peaceably teaches and practises the principles of Chris-
tianity shall in no case be interfered with or molested therefor. No restrictions shall
be placed on Chinese joining Christian Churches. Converts and non-converts, being
-Chinese subjects, shall alike conform to the laws of China; and shall pay due respect
to those in authority, living together in peace and amity; and the fact of being con-
verts shall not protect them from the consequences of any offence they may have com-
mitted before or may commit after their admission into the Church, or exempt them
from paying legal taxes levied on Chinese subjects generally, except taxes levied and
contributions for the support of religious customs and practices contrary to their
religion. Missionaries shall not interfere with the exercise by the native authorities
of their jurisdiction over Chinese subjects; nor shall the native authorities make any
distinction between converts and non-converts, but shall administer the laws without
partiality so that both classes can live together in peace.
Missionary societies of the United States shall be permitted to rent and to lease
in perpetuity, as the property of such societies, buildings or lands in all parts of the
Empire for missionary purposes and, after the title deeds have been found in order
and duly stamped by the local authorities, to erect such suitable buildings as may be
required for carrying bn their good work.
Art. XV.—The Government of China having expressed a strong desire to reform
its judicial system and to bring it into accord with that of Western nations, the
United States agrees to give every assistance to this reform, and will also be prepared ta
relinquish extraterritorial rights when satisfied that the state of the Chinese laws, the
arrangements for their administration, and other considerations warrant it in so doing.
Art. XVI.—The Government of the United States consents to the prohibition
by the Government of China of the importation into China of morphia and of instru-
ments for its injection, excepting morphia and instruments for its injection imported
for medical purposes, on payment of tariff duty, and under regulations to be framed
by China which shall effectually restrict the use of such import to the said purposes.
This prohibition shall be uniformly applied to such importation from all countries.
The Chinese Government engages to adopt at once measures to prevent the manu-
facture in China of morphia and of instruments for its injection.
Art. XVII.—It is agreed between the high contracting parties hereto that all
the provisions of the several Treaties between the United States and China which
were in force on the first day of January, a.d. 1900, are continued in full force and
effect except in so far as they are modified by the present Treaty or other Treaties to
which the United States is a party.
The present Treaty shall remain in force for a period of ten years beginning with
the date of the exchange of ratifications and until a revision is effected as hereinafter
provided.
It is further agreed that either of the high contracting parties may demand
•that the Tariff and the Articles of this Convention be revised at the end of ten years
108 COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA i
from the date of the exchange of the ratifications hereof. If no revisioh is demanded I
before the end of the first term of ten years, then these articles in their present form
shall remain in full force for a further term of ten years reckoned from the end of
the first term and so on for successive periods of ten years.
The English and Chinese texts of the present Treaty and its three Annexes have ;
been carefully 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 one.
This Treaty and its three Annexes shall be ratified by the two high contracting f
parties in conformity with their respective constitutions, and the ratifications shall i
be exchanged in Washington not later than twelve months from the present date.
In testimony whereof, we, the undersigned, by virtue of our respective powers, I
have signed this Treaty in duplicate in the English and Chinese languages, and have
affixed our respective seals.
Done at Shanghai, this eighth day of October in the year of our Lord one
thousand nine hundred and three, and in the twenty-ninth year of Kuang Hsu eighth :
month and eighteenth day.
Annex I.
As citizens of the United States are already forbidden by Treaty to deal in or i
handle opium, no mention has been made in this Treaty of opium taxation.
As the trade in salt is a Government monopoly in China, no mention has been
made in this Treaty of salt taxation.
It is, however, understood, after full discussion and consideration, that the col- |
lection of inland duties on opium and salt and the means for the protection of the
revenue therefrom and for preventing illicit traffic therein are left to be administered
by the Chinese Government in such manner as shall in no wise interfere with the
provision of Article IY. of this Treaty regarding the unobstructed transit of other '
goods.
Annex II.
Article IV. of the Treaty of Commerce between the United States and China of this
date provides for the retention of the native Customs offices at the open ports. For tha
purpose of safeguarding the revenue of China at suph places, it is understood that the ,1
Chinese Government shall be entitled to establish and maintain such branch native
Customs offices at each open port within a reasonable distance of the main native
Customs offices at the port, as shall be deemed by the authorities of the Imperial
Maritime Customs at that port necessary to collect the revenue from the trade into
and out of such port. Such branches, as well as the principal native Customs offices
at each open port, shall be administered by the Imperial Maritime Customs as pro-
vided by the Protocol of 1901.
Annex III.
The schedule of tariff duties on imported goods annexed to this Treaty under
Article V. is hereby mutually declared to be the schedule agreed upon between the
representatives of China and of the United States and signed by John Goodnow for
the United States and Their Excellencies Lii Hai-huan and Sheng Hsiian-huai for
China at Shanghai on the sixth day of September, A.n. 1902, according to the Proto-
col of the seventh day of September, a.d. 1901.
PORTUGAL
PROTOCOL, TREATY, CONVENTION AND AGREEMENT
BETWEEN PORTUGAL AND CHINA
Art. I.—A Treaty of Friendship and Commerce with the most favoured nation
clause will be concluded and signed at Peking.
Art. II.—China confirms perpetual occupation and government of Macao and
its dependencies by Portugal, as any other Portuguese possession.
Art. III.—Portugal engages never to alienate Macao and its dependencies without
agreement with China.
Art. IV.—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.
Henriqtte de Ba»ros Gomes.
James Duncan Campbell.
The Treaty
Ratifications Exchanged at Peking 28th April, 1888
His Most Faithful Majesty the King of Portugal and the Algarvos, 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 Hsu, 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, Thomas de Souza Koza, his
Envoy Extraordinary and Minister Plenipotentiary 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 Ching, Pre-
sident of the Tsung-li Yam6n, and Sun, Minister of the Tsung-li Yamen 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 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 Protoco 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.
110 TREATY BETWEEN PORTUGAL AND CHINA 1
Art. III.—Portugal confirms the third Article of the Protocol of Lisbon, relating
to the engagement never to alienate Macao without previous agreement 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.
The basis of this co-operation will be established by a Convention appended to
this Treaty, which shall be as valid and binding to both the high contracting parties '
as the present Treaty.
Art. V.—His Most Faithful Majesty the King of Portugal may appoint an
Ambassador, Minister, or other diplomatic agent to the Court of His Im- ’j
perial Majesty the Emperor of China, and this agendas 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 ,i
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. i
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 the 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-
nese authorities will be regulated by their respective rank and position, based upon
complete reciprocity. Between the high Portuguese and Chinese functionaries at the ,
capital or elsewhere, such correspondence will take the form of dispatch (Chau-hoei);
between the subordinate functionaries of Portugal and the chief authorities of the
provinces, the former shall make use of the form of exposition (Xen-chen) and the
latter that of declaration (Cha-hsing); and the subordinate officers of both nations
shall correspond together on 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 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 Consuls and acting Consuls will rank with Taotais, Vice-Consuls, acting
Vice-Consuls, Consular Agents and interpreters-translators, with Prefects. The
Consuls must be officials of the Portuguese Government, and not merchants. The
Chinese Government will make no objection in case the Portuguese Government
should deem it unnecessary to appoint an official Consul at any port and choose to
entrust a Consul of some other nation, for the time being, with the duties of Portu-
guese Consul at that port.
Art. X.—All the immunities and privileges, as well as all the advantages con-
cerning commerce and navigation, such as any 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 Govern-
ment to any foreign Government under special conditions, Portugal, on claiming the
TREATY BETWEEN PORTUGAL AND CHINA 111
njsame concession for herself and for her own subjects, will equally assent to the condi-
I tions attached to it.
I 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
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.
Ai’t. XIII.—Portuguese subjects are permitted to hire any description of boats
they may require for the conveyance of cargo or passengers, and the price of said hire
wili be fixed by the contracting parties alone, without interference by 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 a.ny 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 ol robbery or incendiarism, the local autho-
rities will immediately take the necessary measures to recover the stolen property, to
terminate the disorder, to seize the guilty, and punish them according to the law.
Similar protection will be given by Portuguese authorities to Chinese subjects in the
possessions 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 Customs 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, he
shall be handed over to the nearest Consul of Portugal to be punished, but he must
not be subjected to an oppressive measure. No passport need be applied for by
persons going on excursions from the ports open to trade to a distance not exceeding
100 li and for a period not exceeding five days.
The provisions of this Article do not apply to crews of ships, for the due restraint
of whom regulations will be drawn up by the Consul and the local authorities.
Art. XVIII.—In the event of a Portuguese merchant vessel being plundered
by pirates or thieves within Chinese waters, the Chinese authorities are to employ
112 TREATY BETWEEN PORTUGAL AND CHINA
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
prompt assistance and kind treatment to the crews and, if necessary, furnishing them
with the means to reach the nearest Consulate.
Art. XX.—Portuguese merchant vessels of more than one hundred and fifty
tons burden will pay tonnage dues at the rate of four mace per ton ; if of one hundred
and fifty tons and under they shall be charged at the rate of one mace per ton. The
Superintendent of Customs shall grant a certificate declaring that the tonnage dues
have been paid.
Art, XXI.—Import duties shall be paid on the landing of goods; and export
duties upon the shipment of the same.
Art. XXII.—The captain of a Portuguese ship may, when he deems convenient,
land only a part of his cargo at one of the open ports, paying the duties due on the
portion landed, the duties on the remainder not being payable until they are landed
at some other port.
Art. XXIII.—The master of a Portuguese shin 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 or
the legal registering as soon as he comes into port, under penalty of being fined in
case of non-compliance within the term of two days.
The ship will be subject to tonnage dues forty-eight hours after her arrival in
port, but neither then nor at her departure shall any other impost whatsoever be
exacted.
Art. XXIV.—All small vessels employed by Portuguese subjects in carrying
passengers, baggage, letters, provisions or any other cargo which is free of duty,
between the open ports of China, shall be free from tonnage dues; but all such vessels
carrying merchandise subject to duty shall pay tonnage dues every four months at
the rate of one mace per ton.
Art. XXV.—Portuguese merchant vessels approaching any of the open ports
will be at liberty to take a pilot to reach the harbour; and likewise to take a pilot to
leave it, in case the said ship shall have paid all the duties due by her.
Art. XXVI.—Whenever a Portuguese merchant ship shall arrive at any of the
open ports of China, the Superintendent of Customs will send off one or more
Custom-house officers, who may stay on board of their boat or on board of the ship
as best suits their convenience. These officers will get their food and all necessaries
from the Custom-house, and will not be allowed to accept any fee from the captain
of the ship or from the consignee, being liable to a penalty proportionate to the
amount received by them.
Art. XXVII.—Twenty-four hours after the arrival of a Portuguese merchant
ship at any of the open ports, the papers of the ship, manifest, and other documents,
shall be handed over to the Consul, whose duty it will be also to report to the
Superintendent of Customs within twenty-four hours, the name, the registered
tonnage, and the cargo brought by the said vessel. If, through negligence or for
any other motive, this stipulation be not complied with within forty-eight hours
after the arrival of the ship, the captain shall be subject to a fine of fifty Taels for
each day’s delay over and above that period, but the total amount of the fine shall
not exceed two hundred Taels.
The captain of the ship is responsible for the correctness of the manifest, in
which the cargo shall be minutely and truthfully described, subject to a fine of five
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.
TREATY BETWEEN PORTUGAL AND CHINA 113
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 up in due .
iform. 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.
Art. XXIX.—Portuguese merchants having goods to ship or to land will have
do 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 disagree with
the Custom-house officers as regards the value of said goods, both parties will call
"two or three merchants to examine them, and the highest offer made by any of the
said merchants to buy the goods will be considered as their just value.
Art. XXXIII.—Duties will be paid on the net weight of every kind of merchandise.
-Should there be any difference of opinion between the Portuguese merchant and the
“Custom-house officer as to the mode by which the tare is to be fixed, each party will
choose a certain number of boxes or bales from among every hundred packages of
the goods in question, taking the gross weight of said packages, then the tare of each
of the packages separately, and the average tare resulting therefrom, will be adopted
for the whole parcel.
In case of any doubt or dispute not mentioned herein, the Portuguese merchant
jnay 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 marks, and whether the
entries 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 examination
any fraud be detected, the goods may be confiscated by the Chinese Government.
Should any Portuguese merchant wish to re-export to a foreign country any
goods imported, and upon which duties have been already paid, he will have to make
his application in the same form as .required for the re-exportation of goods to
another port in China, in which case a certificate of drawback or of restitution of
duties will be granted, which will be accepted by any of the Chinese Custom-houses in
payment of import or export duties.
Foreign cereals imported by Portuguese ships into the ports of China may be
re-exported without hindrance if no portion of them has been discharged.
Art. XXXVI.—The Chinese authorities will adopt at the ports the measures which
they may deem the most convenient to avoid fraud or smuggling.
114 TREATY BETWEEN PORTUGAL AND CHINA
Art. XXXVII.—The proceeds of fines and confiscations inflicted on Portuguese
subjects, in conformity to this Treaty, shall belong exclusively to the Chinese* ;
Government.
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 Y ang-tsze-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.—TheConsuls and local authorities shall consult together, when neces-
sary, as to the construction of Light-houses and the placing of Buoys and Light-ships. |
Art. XL.—Duties shall be paid to the bankers authorized by the Chinese Govern- ;
ment to receive them in sycee or in foreign coin, according to the official assay made
at Canton on the 15th July, 1843.
Art. XLI.—In order to secure the regularity of weights and measures and to-
avoid confusion, the Superintendent of Customs will hand over to the Portuguese
Consul at each of the open ports standards similar to those given by the Treasury ;
Department for collection of public dues to the Customs at Canton.
Art. XLII.—Portuguese merchant ships may resort only to those ports of China, j
which are declared open to commerce. It is forbidden to them, except in the case of
force tnajeure provided for in Article XIX., to enter into other ports, or to carry
on a clandestine trade on the coast of China, and the transgressor 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-house, which
will exempt them from paying new tonnage dues, during the period of four months-
reckoned from the date of clearance.
Art. XLIV.—If any Portuguese merchant ship is found smuggling, the goods-
smuggled, no matter of what nature or value, will be subject to confiscation by the
Chinese authorities, who may send the ship 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 atr
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.
TREATY BETWEEN PORTUGAL AND CHINA 115
If Portuguese subjects become guilty of any criminal act towards Chinese subjects^
j.he Chinese authorities must report such acts to the Portuguese Consul in order that
Ofhe guilty may be tried according to the laws of Portugal.
Art. XLIX.—If any Chinese subject shall have become indebted to a Portuguese
Ifcubject and withholds payment, or fraudulently absconds from his creditors, the
BChinese authorities shall use all their efforts to apprehend him and to compel him to
Jjpay, the debt being previously proved and the possibility of its payment ascertained.
Il’fhe Portuguese authorities will likewise use their efforts to enforce the payment of
rany debt due by any Portuguese subject to a Chinese subject.
| But in no case will the Portuguese Government or the Chinese Government be
Bconsidered responsible for the debts of their subjects.
Art. L.—Whenever any Portuguese subject shall have to petition the Chinese
1 authority of a district, he is to submit his statement beforehand to the Consul, who
j will cause the same to be forwarded should he see no impropriety in so doing,
I otherwise he will have it written out in other terms, or decline to forward it.
Likewise, when a Chinese subject shall have occasion to petition the Portuguese
Consul he will only be allowed to do so through the Chinese authority, who shall
| proceed in the same manner.
Art. LI.—Portuguese subjects who may have any complaint or claim against
.any Chinese subject, shall lay the same before the Consul, who will take due
•cognizance of the case and will use all his efforts to settle it amicably. Likewise,
when a Chinese subject shall have occasion to complain of a Portuguese subject, the
Consul will listen to his complaint and will do what he possibly can to re-establish
harmony between the two parities.
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 eificacious
protection from the Chinese authorities; nor shall such persons pursuing peaceably
their calling and not offending against the laws be prosecuted or interfered with.
Art. LIII.—In order to prevent for the future any discussion, and considering
that the English language, among all foreign languages, is the most generally
known in China, this Treaty, with the Convention appended to it, is written in Por-
tuguese, Chinese, and English, and signed in six copies, two in each language. All
these versions have the same sense and meaning, but if there should happen to be any
divergence in the interpretation of the Portuguese and Chinese versions, the English
text will be made use of to resolve the doubts that may have arisen.
Art. LIV.—The present Treaty, with the Convention appended to it, shall be
ratified by His Most Faithful Majesty the King of Portugal and the Algarves and
His Imperial Majesty the Emperor of China. The exchange of the ratifications shall
be made, within the shortest possible time, at Tientsin, after which the Treaty,
with the Convention appended, shall be printed and published in order that the
functionaries and subjects of the two countries may have full knowledge of their
•'Stipulations and may fulfil them.
In faith whereof, the respective Plenipotentiaries have signed the present Treaty
and have affixed their seals thereto.
Done in Peking, this first day of the month of December in the year of Our Lord
Jesus Christ one thousand eight hundred and eighty-seven, corresponding to the
Chinese date of the seventeenth day of the tenth moon of the thirteenth year of
Suang-Hsu.
[l.s.] (Signed) Thomas de Souza Roza.
[Chinese Seal] Prince Ch’ing.
Signatures of the Chinese Plenipotentiaries. Sun-iu-uen.
116 CONVENTION BETWEEN PORTUGAL AND CHINA
CoiTVENSFION
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,
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-j
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 Prince Ching, President of the Tsung-li Yamen, and Sun, Minister of ;
the Tsung-li Yamen and Senior Vice-President of the Board of Public Works, Min-!
isters Plenipotentiary of His Imperial Majesty the Emperor of China, have agreed j
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 quantitie
2. —All opium imported into Macao must, forthwith on
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,
from one store to another, or exported, without a permit issued by the Superintendent.
4. —The importers and exporters of opium in Macao must
ing to the form furnished by the Government, showing with exactness and clearness j
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 license
will be permitted to keep in their custody raw opium in quantities inferior to one chest..
6. —Regulations framed to enforce in Macao the execu
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 Hsu.
[l.s.] (Signed) Thomas de Souza Roza.
[Chinese Seal] Peince Ch’ing.
Signature of the Chinese Plenipotentiaries. Sun-iu-uen.
Agbeement
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 rales 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
COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL 117
Peking, duly authorized by His Excellency Thomas de Souza Eoza, Chief of the said,
‘fission, and Sir Robert Hart, k.c.m.g., Inspector-General of the Chinese Imperial
[aritime Customs, provided with the necessary instructions from the Chinese
IGovernment, have agreed on the following:
1. —An office under a Commissioner appointed by the Foreign Ins
jthe Chinese Imperial Maritime Customs shall be established at a convenient spot on
iChinese territory, for the sale of opium duty certificates, to be freely sold to merchants
I 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 mo
I 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 manageme
Customs stations shall investigate and settle any complaint made by Chinese mer-
chants of Macao against the Customs stations or revenue cruisers ; and 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, however, they do not
agree, a reference may be made to the Authorities at Peking for a joint decision.
4. —Junks trading between Chinese ports and Macao, and their cargoes
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 lelcin tax before
entering Macao may be re-exported from Macao to Chinese ports without paying
Customs duties and lekin 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) Bernabdo Pikheiro Correa de Mello,
Secretary of the Special Mission of His Most Faithful Majesty.
(Signed) Sir Robert Hart,
Inspector-General of Chinese Imperial Maritime Customs.
COMMERCIAL TREATY BETWEEN CHINA
AND PORTUGAL
Signed at Shanghai, November, 1904
Art. I.—The Treaty of Amity and Commerce between China and Portugal i
dated the first day of December, 1887 (17th day, 10th moon, 13th year of Kwang Hsu),
continues in force except in so far as modified by the present Treaty.
Art. II.—Portugal accepts the increase in the import duties stipulated for in
Article VI. of the Peking Protocol of 7th September, 1901, from the date of the ratifica-
tion of this Treaty. Portugal will enjoy the privileges of the most favoured nation,
and in no case shall Portuguese subjects pay higher or lower duties than those paid by
the subjects of any other foreign nation. Article XII. of the Treaty of First Decem-
ber, 1887, is therefore rendered null and void.
€18 COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL
Art. III.—The duty and lekin on foreign opium will continue as provided for
in existing Treaties. The G-overnment of His Most Faithful Majesty agrees to con-;
tinue as heretofore to co-operate with the Government of His Imperial Chinese
Majesty in the collection of the duty and lekin on opium exported from Macao to
China, and also to co-operate in the repression of smuggling in accordance with the
Treaty and Special Opium Convention of 1st December, 1887. In order to render this
co-operation effective, it is clearly stipulated that all opium imported into Macao i
shall, on arrival, be registered at the Special Government Bureau provided for this :
purpose, and the Portuguese Government will take the necessary steps in order to
have all tips opium stored under its exclusive control in a depot from which it will be ,
removed as required by the demands of trade. The quantity of opium required for
consumption in Macao and its dependencies will be fixed annually by the Government'
of Macao in agreement with the Commissioner of the Imperial Maritime Customs
referred to in Article II. of the above-mentioned Convention, and under no pretext
will removal from the Portuguese Government depot be permitted of any quantity of
opium for local consumption in excess of that fixed by the said agreement, and neces-
sary measures will be taken to prevent opium removed from the depot for re-export •
to any port other than a port in China being sent fraudulently to Chinese territory.
The removal from the depot of opium for export will not be permitted except •
on production of proof that such opium has already paid all dues and duties leviable
thereon by China. The rules for the carrying out of this Article shall be arranged by ]
delegates from the Government of Macao and the Chinese Imperial Maritime Customs.
Art. IV.—Such steps as are necessary for the repression of smuggling in the
territory and waters of Macao shall be taken by the local Portuguese Government in
concert with the Commissioner of the Imperial Maritime Customs, and similar !
steps in the Chinese territory and waters near Macao shall be taken by the Imperial
Maritime Customs in concert with the Portuguese Government of Macao. This co- I
operation is intended to render such steps effective on all points in respect of which co-
operation is needed, and to avoid at the same time any injury to the sovereign rights
of either of the high contracting parties. Special delegates from the local Government
of Macao and the Imperial Maritime Customs shall proceed to fix the respective zones
of operations, and shall devise practical means for the repression of smuggling.
Art. V.—With a view to the development of trade between Macao and neigh-
bouring ports in the Kwangtung Province, the high contracting parties have agreed
as follows:—
1. —Portuguese steamers desirous of proceeding for the p
Macao to any of the ports of call and passenger stages on the West River,
enumerated in the Special Article of the English-Burmah Convention of 1897, and
Article X. of the British Treaty of Commerce of 1902, shall be permitted to do so,
provided they comply with the Special Regulations to be framed for this purpose by
the two high contracting parties.
2. —Steamers specially registered for trade under the
Navigation Rules shall be permitted to ply between Macao and places in the Depart-
ment of Kwang-chow-fu other than those mentioned in Section 1, provided they
report to the Kungpei-kuan Customs for examination of cargo and payment of duties
in accordance with Special Regulations to be framed for this purpose by the two high
contracting parties. Such vessels may engage in all lawful trade, including the tow-
age of junks and conveyance of passengers and cargo, subject to the regulations for
the time being in force.
The privileges hereby granted are granted on the express understanding that
Special Regulations shall be framed defining in detail the conditions under which
such traffic may be carried on. Until then, the said Regulations have been agreed
upon and published, the Article shall not become operative; and subsequently only
on compliance with the said Regulations.
Art. VI.—Portugal having the right of most favoured nation treatment, it is
clearly stipulated that any advantages China may think fit to grant to any nation in
COMMERCIAL TREATY BETWEEN CHINA AND POBTUGAL 119r
he importation of agricultural products, specially wines and oil, or in the importa-
ion of industrial products, specially woollen and cotton goods and preserved food-
tuffs, shall be extended to similar Portuguese goods on exactly the same conditions,
t is also clearly understood that Portuguese wine of all kinds proved by means
f certificate of origin, issued by Portuguese Consuls, to have been imported from
'ortugal, direct or otherwise, shall when their alcoholic strength exceeds 14° pay
tie duty leviable according to the annexed tariff on wines exceeding 14° of alcoholic
irength. Wine passed through the Chinese Customs under designation “ Port
Tine ” shall not be entitled to the benefit of this Article unless accompanied by a.
irtificate of origin as above.
Art. VII.—Portuguese subjects may frequent, reside at, and carry on trade,
idustries and manufactures, and pursue any other lawful avocation in all the ports
id localities in China which have alreaby been or may hereafter be opened to-
'reign residence and trade ; and wherever in any such ports or localities a special
•ea has been or may hereafter be set apart for the use and occupation of foreigners,,
ortuguese subjects may therein lease land, erect buildings, and in all respects enjoy the
me privileges and immunities as are granted to subjects of the most favoured nations.
Art. YIII.—Whereas China, with the object of reforming its fiscal system,
■oposes to levy a surtax in addition to the tariff duties on all goods passing through ,
e Custom-houses, whether maritime or inland and frontier, in order to make good
the loss incurred by the complete abolition of lelcin, the Portuguese Government agrees
that foreign goods imported into China by Portuguese subjects shall on entry pay
an import surtax equivalent to one and a half times the duty fixed by the Import
Tariff as now revised, and that Chinese produce exported abroad by Portuguese sub-
jects shall pay export duties, inclusive of the tariff export duty, not exceeding seven
and a half per cent, ad valorem, provided always that such import surtax and export
f duties have been accepted by all the Powers having Treaties with China. With,,
regard to the produce tax, consumption tax, and excise, as well as the duties on native
opium and salt, leviable by China, Portugal further agrees to accept the same
arrangements as shall be agreed upon between all the Treaty Powers and China. It
is, however, understood that the commerce, rights, and privileges of Portugal shall
not, in consequence of this undertaking, be placed in any way at a disadvantage as
compared with the commerce, rights, and privileges of any other Power.
Art. IX.—Drawback certificates for the return of duties shall be issued by the
Imperial Maritime Customs to Portuguese subjects within twenty-one days from the,
date of presentation to the Customs of the papers entitling the applicant to receive
such drawback certificates. These certificates will be accepted at their face value by
the Customs authorities at the port of issue in payment of duties of all kinds, ton-
nage dues excepted; or shall, in the case of drawbacks for duty paid on foreign
goods re-exported abroad within three years from the date of importation, be
redeemable in full in ready money by the Imperial Maritime Customs at the port of
issue, at the option of the holders thereof. But if, in connection with any applica-
tion for a drawback certificate, the Customs authorities discover an attempt on the
part of a Portuguese subject to defraud the revenue, he 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. In case the goods have been removed
from Chinese territory, then the Consul shall inflict on the guilty party a suitable
fine to be paid to the Chinese Government.
Art. X.—China agrees to herself establish a system of uniform national coinage
and provide for a uniform national currency, which shall be freely used as legal
tender in payment of all duties, taxes, and other obligations by Portuguese subjects-
as well as by Chinese subjects in the Chinese Empire. It is understood, however,
that all Customs duties shall continue to be calculated and paid on the basis of the
Haikwan Tael.
Art. XI.—The Government of His Most Faithful Majesty agrees to the prohibi-
tion by the Chinese Government of the importation into China of morphia and of.
instruments for its-injection, on condition, however, that the Chinese Government
120 COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL.
will allow the importation of morphia and of instruments for its injection for medical
purposes by Portuguese doctors, chemists, and druggists, on payment of the
prescribed duty and under special permit which will only be granted to an intending
importer upon his signing at the Portuguese Consulate a suitable bond undertaking
not to sell morphia except in small quantities and on receipt of a requisition signed j
by a duly qualified foreign medical practitioner. If fraud in connection with such '
importation be discovered by the Customs authorities the morphia and instrument
for its injection will be seized and confiscated, and the importer will be denied the
right to import these articles.
Art. XII.—The Chinese Government recognizing 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 enterprise, agrees to revise its exist-
ing mining regulations in such manner, by the selection of those rules in force in
other nations which seem applicable to conditions in China, that the revision, while
promoting the interests of Chinese subjects and in no way prejudicing the sovereign
rights of China, will offer no impediment to the employment of foreign capital, nor
place foreign capitalists at a greater disadvantage than they would be under generally
accepted foreign regulations, and will permit Portuguese subjects to carry on in
Chinese territory mining operations and other necessary business relating thereto,
provided they comply with the new regulations and conditions which will be imposed
by China on its subjects and foreigners alike, relating to the opening of mines, the
renting of mineral land, and payment of royalty, and provided they apply for permits,
the provisions of which, in regard to necessary business relating to such operations,
shall be observed. The residence of Portuguese subjects in connection with such
mining operations shall be agreed upon between Portugal and China. Any mining
concession granted after the publication of such new rules shall be subject to these
provisions.
Art. XIII.—It being only right that the shareholders of any joint stock com-
pany, or the partners in any commercial undertaking, should all be on a footing of
equality as regards division of profits and payment of obligations, according to the
partnership agreement or memorandum and articles of association, the Chinese
Government agrees that Chinese subjects joining with Portuguese subject in the or-
ganisation of a joint stock company or commercial undertaking, legally constituted,
shall be liable to the fulfilment of the obligations imposed by said agreement or
memorandum and articles of association, and that Chinese Courts will enforce fulfil-
ment of such obligations, if a suit to that effect be entered; provided always that
their liability shall not be other or greater than that of Portuguese shareholders or
partners in the same company or partnership. Similarly Portuguese subjects who
invest their capital in Chinese enterprises shall be bound to fulfil the obligations
imposed by the partnership agreement or memorandum, and articles of association,
and their liability shall be the same as that of the Chinese subjects engaged in the
same undertaking. But as existing Treaty stipulations do not permit foreign mer-
chants to reside in the interior of China for purpose of trade, such joint stock com-
panies and commercial undertakings may be established in the interior by Portuguese
and Chinese subjects conjointly.
Art. XIV.—As Portugal affords protection to trademarks used by subjects of
any other nationality, provided a like protection is reciprocated for trademarks used
by Portuguese subjects, China, in order to obtain this protection for its subjects in
Portuguese territory, agrees to grant protection to Portuguese trademarks against
unlawful use, falsification or imitation by Chinese subjects. To this end the Chinese
Government will enact the necessary laws and regulations, and will establish
registration offices at which foreign trademarks may be registered on payment of
reasonable fees. Further, the Chinese Government agrees that, as soon as a Patent
Office has been established, and special laws with regard to inventions have been
adopted, it will, after payment of the prescribed fees, issue certificates, valid for a
fixed term of years, to Portuguese inventors, extending to their inventions the same
, protection as shall be given to Chinese patents in Portugal, provided that such inven-
COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL
Jt: fcions do not infringe on previous inventions by subjects of China. Any Chinese or
i)Portuguese subject who is the author, proprietor, or seller of any publication
7, injurious to the peace and good government of China shall be dealt with in accordance
W with the laws of his own country.
|| Art. XY.—The Government of China having expressed a strong desire to reform
its judicial system, and to bring it into accord with that of Western nations, Portugal
agrees to give every assistance to such reform, and will also be prepared to relinquish
extraterritorial rights when satisfied that the state of the Chinese laws, the arrange-
ments for their administration, and other considerations warrant it in so doing.
Art. XVI.—The missionary question in China demands, in the opinion of the
Chinese Government, careful consideration, so as to avert in the future troubles
which have occurred in the past. Portugal, as a nation specially interested in the
protection of its Catholic missions in Chinese territory, 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. No person, whether Portuguese subject or
Chinese convert who, according to the tenets of Christianity, peaceably teaches or
practises the principles of that religion, which aims at teaching men to do good, shall
be persecuted or harassed on account of his faith. But converts and non-converts,
being alike subjects of China, shall conform to her laws, and shall pay due respect
to those in authority, living together in peace and amity; and the fact of his being
a convert shall protect no one from the consequence of any offence he may have
committed before or may commit after his admission into the Church, or exempt him
from paying legal taxes and contributions levied for the support of religious customs and
practices contrary to his faith. Missionaries shall not interfere with the exercise by
the native authorities of their jurisdiction over Chinese subjects, nor shall the native
authorities make any distinction between converts and non-converts, but shall
administer the law without partiality, so that both classes may live together in peace.
Portuguese missions shall be permitted to rent and lease in perpetuity, as the
property of the mission, buildings or lands in all parts of the Empire for mission
purposes, and, after the title-deeds have been found in order and duly stamped by the
local authorities, to erect such suitable buildings as may be required for carrying out
their good work.
Art. XVII.—The present Treaty shall remain in force for a period of ten years-
beginning with the date of the exchange of ratifications and until a revision is effected
as hereinafter provided
It is further agreed that either of the two high contracting parties may
demand revision of the Tariff and the Articles of the Treaty six months before the
end of ten years from the date of the exchange of ratifications thereof. If no re-
vision is demanded before the end of the first term of the ten years, then these Articles
in their present form shall remain in full force for a further term of ten years
reckoned from the end of the first term and so on for successive periods of ten years.
Art. XVTII.—In order to prevent in the future any discussion, this Treaty is
written in Portuguese, Chinese and English, and signed in six copies, two in each lan-
guage. 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. XIX.—The present Treaty shall be ratified by His Most Faithful Majesty
the King of Portugal and Algarves and His Imperial Majesty the Emperor of China.
The exchange of the ratifications shall be made within the shortest possible time,
and the Treaty will be printed and published, in order that the functionaries and
subjects of the respective countries may have full knowledge of its stipulations and
may fulfil them.
In faith whereof the respective Plenipotentiaries have signed the present Treaty
and have affixed their seals thereto.
JAPAN
TREATY OE 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 Paullownia, 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, es-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:—
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 property thereon:—
(a.) The southern portion of the Province of Feng-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 Feng 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 follow 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 Feng Tien situated in the eastern portion of the Bay of Liao Tung, and in the
northern part of the Yellow Sea.
(6.) The Island of’ Formosa, together with all islands appertaining or belonging
to the said Island of Formosa.
TREATY BETWEEN JAPAN AND CHINA 12*
(c.) The Pescadores Group, that is to say, all islands lying between the 119th
'itnd 120th degrees of longitude east of Greenwich and the 28rd and 24th degrees of
ifeorth latitude.
Art. III.—The alignments of the frontiers described in the preceding Article, and
fphown on the annexed map, shall be subject to verification and demarcation on the
Jfepot 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
oto 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
•rectify the same.
The Delimitation Commission will enter upon its duties as soon as possible, and
■will bring its labours to a conclusion within the period of one year after appointment.
The alignments laid down in this Act shall, however, be maintained until the
ratifications 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 indemnity the sum of 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 sum 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
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 dr 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 mat s, in addition, the following concessions, to take effect six months
after the date of the present Act:—
124 TREATY BETWEEN JAPAN AND CHINA
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.
(a.) Shashih, in the Province of Hupeh.
(6.) Chung King, in the Province of Szechuan.
(c.) Suchow, in the Province of Kiang Su.
(d.) Hangchow, in the Province of Chekiang.
The Japanese Grovernment shall have the right to station Consuls at any or aH
of the above-named places.
2. Steam navigation for vessels under the Japanese flag for the conveyance of j
passengers and cargo shall be extended to the following places:—
(a.) On the Upper Yangtsze Kiver, from Ichang to Chung King.
(b.) On the Woosung Kiver, and the Canal, from Shanghai to Suchow and
Hangchow.
The Kules 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 I
of the above-named routes, until new Kules and Regulations are conjointly j
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 1
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 j
the same footing and enjoy the same privileges and exemptions as merchandise j
imported by Japanese subjects into China.
In the event of additional Rules and Regulations being necessary in connection i
with these concessions, they shall be embodied in the Treaty of Commerce and
Navigation 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.
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, 1
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 of no such
arrangement being concluded, such evacuation shall only take place upon the pay-
ment of the final instalment of said indemnity.
It is, however, expressly understood that no such evacuation shall take place 1
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
TREATY BETWEEN JAPAN AND CHINA 125
unish prisoners of war so restored to her by Japan. China also engages to at once
jdease all Japanese subjects accused of being military spies or charged with any
ther military offences. China further engages not to punish in any manner, nor to
llow to be punished, those Chinese subjects who have in any manner been
[ompromised 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
iapan and;the Emperor of China, and the ratifications shall be exchanged at Chefoo
jm the eighth day of the fifth month of the twenty-eighth year of Meiji, corresponding
the fourteentli day of the fourth month of the twenty-first year of Kwang Hsii.
In witness whereof, the respective Plenipotentiaries have signed the same and
ive 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 the twenty-third of the third
lonth of the twenty-first year of Ivuang Hsii.
[l.s.] Count Ito Hirobumi, Junii, Grand Cross of the
Imperial Order of Patdlovmia, Minister-President
of State, Plenipotentiary of His Majesty the Emperor
of Japan.
[l.s.] Viscount Mutsu Munemitstj, 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.
[l.s.] Lr 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 Ranh.
[l.s.] Li Ching-fong, Plenipotentiary of His Majesty the
Emperor of China, Ex-Minister of the Diplomatic
Service, of the Second Official Ranh.
TREATY OE 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-Hsii, to
conclude a Treaty of Commerce and Navigation, have for that purpose named as
their Plenipotentiaries, that is to say:—
TEEATY BETWEEN CHINA AND JAPAN
His Majesty the Emperor of Japan, Baron Hayashi Tadasu, Shosbii, Grandii
Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial ]i
Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary; andi.
His Majesty the Emperor of China, Chang Yin-hoon, Minister of the Tsung-lii
Yamen, 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 bo;
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 j
respective subjects, who shall enjoy equally in the respective countries of tbe 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 sees fit, accredit a
Diplomatic Agent to the Court of Tokyo.
The Diplomatic Agents thus accredited shall respectively enjoy all the pre-i
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, j
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, employes 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
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 ot 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 China "which are now ports of ,
call, namely, Ngan-ching, Ta-tung, Hu-kow, Wu-sueh, 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 por s 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.
TREATY BETWEEN CHINA AND JAPAN 127
Art. VI.—Japanese subjects may travel, for their pleasure or for puroose 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 punishment, 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 ti'avelling in the interior
without a passport shall be liable to a fine not exceeding 300 Taels. Japanese sub-
jects may, however, without passports go on excursions from any of the ports open
to trade, to a distance not exceeding 100 Chinese li 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
•orestraint 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, lehin, charges
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 a 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, lehin, 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
128 TREATY BETWEEN CHINA AND JAPAN
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 bond 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:j
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 G-overnment 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 j
per registered ton. But any such vessel taking its departure within 48 hours after j
arrival, without breaking bulk, shall be exempt from the payment of tonnage dues, j
Japanese vessels having paid the above specified tonnage dues shall thereafter i
be exempt from all tonnage dues in all the open ports and ports of call of China, for:i
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 j
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.
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 nf 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
TREATY BETWEEN CHINA AND JAPAN 129
Iort of Japan, she shall likewise be treated in the same way by the Japanese
uthorities.
Art. XVIII.—The Chinese authorities at the several open ports shall adopt sueh
leans as they judge most proper to prevent the revenue suffering from fraud or
■uggHng.
|;| Art. XIX.—If any Japanese vessel be plundered by Chinese robbers or pirates,
felt shall be the duty of the Chinese authorities to use every endeavour to capture and
raunish the said robbers or pirates and to recover and restore the stolen property.
I Art. XX.—Jurisdiction over the persons and property of Japanese subjects in
Bhina is reserved exclusively to the duly authorized Japanese authorities, who shall
[near and determine all cases brought against Japanese subjects or property by Jap-
jlinese subjects or by the subjects or citizens of any other Power, without the interven-
|ion 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
Jproperty 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
iffences 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.
i 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.
t 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.
I 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
130 TREATY BETWEEN" CHINA AND JAPAN
Regulations are brought into actual operation the Arrangements, Rules and1;
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 that in case of any!
divergencies in the interpretation between the Japanese and Chinese texts of thei
Treaty, the difference shall be settled by reference to the English text.
Art. XXIX.—The present Treaty shall be ratified by His Majesty the Emperor
of China and His Majesty the Emperor of Japan, and the ratification thereof shall
be exchanged at Peking not later than three months from the present date.
In witness whereof the respective Plenipotentiaries have signed the same and,;
have affixed thereto the seal of their arms.
Done at Peking this twenty-first day of the seventh month of the twenty*!
ninth year of Meiji, corresponding to the eleventh day of the sixth month of the]
twenty-second year of Kuang Hsu (July 21st, 1896).
[l.s.] Chang Yin-hoon.
,, Hayashi Tadasu. i
PROTOCOL REGARDING NEW PORTS
Made at Peking, 19th October, 1896
Baron Hayashi Tadasu, Envoy Extraordinary and Minister Plenipotentiary ofd
His Majesty the Emperor of Japan, and the Minister of Foreign Affairs of His li
Majesty the Emperor of China have agreed upon the following stipulations supple- i
mentary to the Treaty of Commerce and Navigation :—
Art. I.—It is hereby agreed that special Japanese settlements shall be formed^
at the places newly opened to commerce, and that affairs relating to roads and;
police shall be under the control of the Japanese Consul.
Art. II.—Regulations with respect to steamers or ships owned or chartered^
by Japanese subjects at Suchow, Hangchow, and Shanghai shall be determined
after conference with Japan, on the basis of the Provisional Regulations for the
conduct of business by foreign merchants at those places, issued by the Shanghai
Customs on August third of the twenty-second year of Kuang Hsii.
Art. III.—The Government of Japan concedes the right of the Chinese Govern- i
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*,; i
ment shall, when the Japanese Government so desires, immediately provide sites i
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! I
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 e
forces in accordance with Treaty stipulations.
JL SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 131
The above Protocol shall be drawn up in the Chinese and Japanese languages
ind after comparison the two copies shall be signed and sealed, each side taking
me of the copies.
(Signed) Hayshi Tadasau.
„ Prince King.
Yin Lu.
„ Chang Yin-whan.
Nineteenth day, tenth month, twentv-ninth year of Meiji; thirteenth day, ninth
month, twenty-second year of Kuang Hsii.
SUPPLEMENTARY TREATY OE COMMERCE AND
NAVIGATION BETWEEN JAPAN AND CHINA
Signed at Shanghai, 8th October, 1903
His Majesty the Emperor of Japan and His Majesty the Emperor of China, in
order to give full effect to the provisions of Article XL of the Final Protocol signed
at Peking on the seventh day of the ninth month of the thirty-fourth year of Meiji,
corresponding to the twenty-fifth day of the seventh moon of the twenty-seventh year
of Kuang-hsii, have resolved to conclude a Supplementary Treaty of Commerce and
Navigation, designed to facilitate and promote the commercial relations between
Japan and China, and have for that purpose named as their Plenipotentiaries, that
is to say:
His Majesty the Emperor of Japan, Hioki Eki, Jugoi, Fifth Class of the
Imperial Order of the Eising Sun, First Secretary of Legation, and Odagiri Masnoske,
Shorokui, Fifth Class of the Imperial Order of the Eising Sun, Consul-General; and
His Majesty the Emperor of China, Lii Hai-huan, President of the Board of
Public Works; Sheng Hsuan-huai, Junior Guardian of the Heir Apparent,
formerly Senior Vice-President of the Board of Public Works; and Wu T’ing-fang,
Senior Vice-President of the Board of Commerce.
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.—Whereas China, with the object of reforming its fiscal system, proposes
to levy a surtax in excess of the tariff rates on all goods passing through the Custom-
houses, whether maritime, or inland and frontier, in order to compensate, in a mea-
sure, for the loss incui’red by the complete abolition of lekin, Japan consents to pay
the same surtax as is agreed upon between China and all the Treaty Powers. With
regard to the production tax, consumption tax, and excise, and the taxes on native
opium and salt, leviable by China, Japan also consents to accept the same arrange-
ments as are agreed upon between all the Treaty Powers and China. It is under-
stood, however, that the commerce, rights and privileges of Japan shall not, on account
of the above, be placed at any disadvantage as compared with the commerce, rights
and privileges of other Powers.
5*
132 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
Art. II.—The Chinese Government agrees to permit Japanese steamship-owners
to erect, at their own expense, appliances for hauling through the rapids of that part
of the Yangtzekiang between Ichang and Chungking; but as the interests of the
population of the provinces of Szechuen, Hunan and Hupeh are involved, it is there-
fore necessary that the approval of the Imperial Maritime Customs be obtained before
such appliances may be so erected. These appliances, which shall be at the disposal,
of all vessels, both steamers and junks, shall not obstruct the waterway nor interfere
with the free passage of junks or of persons on the banks on the river. Such ap-
pliances shall be subject to special regulations to be drawn up by the Imperial
Customs.
Art. III.—The Chinese Government agrees that any Japanese steamer capable
of navigating the inland waterways, upon reporting at the Imperial Maritime Cus-'
toms, may proceed for the purpose of trade from a Treaty Port to places inland so
reported, on complying with the Original and Supplementary Regulations for Steam
Navigation Inland.
Art. IY.—In case Chinese subjects conjointly with Japanese subjects organise
a partnership or company for a legitimate purpose, they shall equitably share the
profits and losses with all the members according to the terms of the agreement or
memorandum and articles of association and the regulations framed thereunder, and
they shall be liable to the fulfilment of the obligations imposed by the said agreement
or memorandum and articles of association and the regulations framed thereunder,
as accepted by them and as interpreted by the Japanese Courts. Should they
fail to fulfil the obligations so imposed and legal action be taken against them
in consequence, Chinese Courts shall at once enforce fulfilment of such obligations.
It is understood that in case Japanese subjects conjointly with Chinese subjects
organise a partnership or company, they shall also equitably share the profits and
losses with all the members according to the terms of the agreement or memorandum
and articles of association and the regulations framed thereunder. Should such
Japanese subjects fail to fulfil any of the obligations imposed by the said agreement
or memorandum and articles of association, or by the regulations framed thereunder,
Japanese Courts shall in like manner at once enforce fulfilment of such obligations
by them.
Art. V.—The Chinese Government agrees to make ami faithfully enforce such
regulations as are necessary for preventing Chinese subjects from infringing regis-
tered trade-marks held by Japanese subjects. The Chinese Government likewise
agrees to make such regulations as are necessary for affording protection to registered
copyrights held by Japanese subjects in the books, pamphlets, maps and charts
written in the Chinese language and specially prepared for the use of Chinese people.
It is further agreed that the Chinese Government shall establish registration
offices where foreign trade-marks and copyrights held by Japanese subjects in protec-
tion of the Chinese Government shall be registered in accordance with the provisions
of the regulations to be hereafter framed by the Chinese Government for the purpose
of protecting trade-marks and copyrights. It is understood that Chinese trade-
marks and copyrights properly registered according to the provisions of the laws and
regulations of Japan will receive similar protection against infringement in Japan.
This Article shall not be held to protect against due process of law any Japanese
or Chinese subject who may be the author, proprietor, or seller of any publication
calculated to injure the well-being of China.
Art. VI.—China agrees to establish itself, as soon as possible, a system of
uniform national coinage, and provide for a uniform national currency, which shall be
freely used as legal tender in payment of all duties, taxes and other obligations by
Japanese subjects as well as by Chinese subjects in the Chinese Empire. It is
understood, however, that all Customs duties shall continue to be calculated and paid
on the basis of the Haikwan Tael.
Art. VII.—As the weights and measures used by the mercantile and other classes
for general and commercial purposes in the different provinces of China vary
and do not accord with the standards fixed by the Imperial Government Boards, thus
SUPPLEMENTAKY TREATY BETWEEN JAPAN AND CHINA 133
til suiting in detriment to the trade of Chinese and foreigners, the Governors-General
ad Governors of all the provinces, after careful inquiry into existing conditions, shall
is msult together and fix upon uniform standards which, after a Memorial to the
‘81 tirone for sanction, shall be adopted and used in all transactions, by officials and
c<;ople throughout all the Empire. These standards shall be first used in the places
a jened to foreign trade and gradually extended to inland places. Any differences
n isulting from divergence between the new weights and measures and those now in
Ir )gue shall be equitably settled, whether by way of increase or decrease, according
> ) the amount of such difference.
Art. VIII.—The Regulations for Steam Navigation Inland of the fifth moon of
'( he twenty-fourth year of KuangHsu and the Supplementary Rules of the seventh moon
1 If the same year, having been found in some respects inconvenient in working, the
Bhinese Government hereby agrees to amend them, and to annex such new Rules to
Shis Treaty. These Rules shall remain in force until altered by mutual consent.
Art. IX.—The provisions of all Treaties and engagements now subsisting between
lapan and China, in so far as they are not modified or repealed by this Act, are
lereby expressly stipulated in addition, that the Japanese Government, officers,
subjects, commerce, navigation, shipping, industries and property of all kinds shall
be allowed free and full participation in all privileges, immunities and advantages
which have been or may hereafter be granted by His Majesty the Emperor of China
or by the Chinese Government or by the Provincial or Local Administrations of
China to the Government, officers, subjects, commerce, navigation, shipping, in-
dustries or property of any other nation. The Japanese Government will do its
utmost to secure to Chinese officers and subjects resident in Japan the most
favourable treatment compatible with the laws and regulations of the Empire.
Art. X.—The high contracting parties hereto agree that, in case of and after
the complete withdrawal of the foreign troops stationed in the province of Chihli and
of the Legation guards, a place of international residence and trade in Peking will be
forthwith opened by China itself. The detailed regulation relating thereto shall be
settled in due time after consultation. The Chinese Government agrees to open to
foreign trade, within six months from the exchange of the Ratifications of this
Treaty, Ch‘angsha-fu in the province of Hunan, on the same footing as the ports
already opened to foreign trade. Foreigners residing in this open port are to observe
I the Municipal and Police Regulations on the same footing as Chinese residents, and
they are not to be entitled to establish a Municipality and Police of their own within
the limits of this Treaty Port, except with the consent of the Chinese authorities.
The Chinese Government agrees that, upon the exchange of the Ratifications of
this Treaty, Moukden and Tatungkow, both in the province of Shengking, will be
; opened by China itself as places of international residence and trade. The selection
of suitable localities to be set apart for international use and occupation and the regula-
tions for these places set apart for foreign residence and trade shall be agreed upon
by the Governments of Japan and China, after consultation together.
Art. XI.—The Government of China having expressed a strong desire to reform
its judicial system and to bring it into accord with that of Japan and Western
nations, Japan agrees to give every assistance to such reform, and will also be pre-
pared to relinquish its extraterritorial rights when satisfied that the state of the
Chinese laws, the arrangements for their administration, and other considerations
warrant it in so doing.
Art. XII.—The present Treaty is signed in the Japanese, Chinese and English
languages. In order, however, to prevent future discussions, the Plenipotentiaries of
the high contracting parties have agreed that in case of any divergence in the in-
terpretation between the Japanese and Chinese texts of the Treaty, the difference
shall be settled by reference to the English text.
Art. XIII.—The present Treaty shall be ratified by His Majesty the Emperor of
Japan and His Majesty the Emperor of China, and the ratifications thereof shall be
•exchanged at Peking as soon as possible, and not later than six months from the
134 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA j
present date. In witness whereof the respective Plenipotentiaries have signed tbe:t
same and have affixed thereto the seals of their arms.
Done at Shanghai, this eighth day of the tenth month of the thirty-sixth year of
Meiji, corresponding to the eighteenth day of the eighth moon of the twenty-ninth*
year of Kuang Hsu.
[l.s.] Hioki Eki.
„ Odagiri Masnoske.
(Signed) Ltr Hai-huan.
„ Shrug Hsuan-huai. t
„ Wtt T‘iug-fang.
Annex 1
INLAND WATERS STEAM NAVIGATION
Additional Rules
1. —Japanese steamship owners are at liberty to lease wareh
the banks of waterways from Chinese subjects for a term not exceeding twenty-five-: I
years, with option of renewal on terms to be mutually arranged. In cases where j I
Japanese merchants are unable to secure warehouses and jetties from Chinese-i I
subjects on satisfactory terms, the local officials, after consultation with the Governor I
or Governor-General or Minister of Commerce, shall arrange to provide these on f|
renewable lease, as above mentioned, at current equitable rates.
2. —Jetties shall only be erected in such positions that they
the inland waterway or interfere with navigation, and with the sanction of the I i
nearest Commissioner of Customs; such sanction, however, shall not be arbitrarily ;I
withheld.
3. —Japanese merchants shall pay taxes and contributions o
and jetties on the same footing as Chinese proprietors of similar properties in the ';|i
neighbourhood. Japanese merchants may only employ Chinese agents and staff to jl
reside in warehouses so leased at places touched at by steamers engaged in inland 1
traffic to carry on their business; but Japanese merchants may visit these places from |
time to time to look after their affairs. The existing rights of Chinese jurisdiction over J
Chinese subjects shall not by reason of this clause be diminished or interfered with in I
any way.
4. —Steam vessels navigating the inland waterways of China
for loss caused to riparian proprietors by damage which they may do to the banka j
or works on them, and for the loss which may be caused by such damage. In
the eventbyoflaunches,
waterway China desiring to prohibit
because there is reason the use that
to fear of some particular
the use of it byshallow
them j31
would be likely to injure the banks and cause damage to the adjoining country, the •,
Japanese authorities, when appealed to, shall, if satisfied of the validity of the |
objection, prohibit the use of that waterway by Japanese launches, provided that ■
Chinese launches are also prohibited from using it. Both Foreign and Chinese (i
launches are prohibited from crossing dams 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 Japanese Government in desirin
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
impediment to the transfer to a Chinese, company and the Chinese of flag any
SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 135
sc apanese steamer which may now or hereafter he employed on the inland waters of
ii Ihina, should the owner be willing to make the transfer. In the event of a Chinese
n ompany registered under Chinese law being formed to run steamers on the inland
raters of China, the fact of Japanese subjects holding shares in such a company shall
rot entitle the steamer to fly the Japanese flag.
6.—Begistered steamers and their tows are forbidden, just as junks have always
seen forbidden, to carry contraband goods. Infraction of this rule will entail the
jenalties prescribed in the Treaties for such an offence and cancellation of the Inland
iVaters Navigation Certificate carried by the vessels, which will be prohibited from
thereafter plying on inland waters.
P 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 prospect of
remunerative trade. In cases where it is intended to run steam vessels on water-
ways 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-Greneral or
Governor of the province, after careful consideration of all the circumstances of the
case, shall at once give their approval.
81 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 places
i exclusively except with the consent of the Chinese Government.
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.—The above Eules are supplementary to the Regulations published in the
fifth and seventh moons of the twenty-fourth year of Kuang Hsii, which remain in
full force and effect in so far as they are not modified by the Rules now agreed upon.
[The present Rules, and the Regulations of the fifth and seventh moons of the
twenty-fifth year of Kuang Hsu may hereafter be modified, as circumstances require,
by mutual consent.
Done at Shanghai this eighth day of the tenth moon of the thirty-sixth year of
i Meiji, corresponding to the eighteenth day of the eighth moon of the twenty-ainth
i year of Kuang Hsu.
[l.s.] Hioki Eki.
„ Odagiki Masnoske.
(Signed) Lu Hai-huan.
„ Sheng Hsuan-huai.
„ Wu T‘ing-fang.
Annex 2
Imperial'Japanese Commissioners for Treaty Revision to Imperial Chinese
Commissioners for Treaty Revision
Shanghai, the 8th Day of the 10th Month of the 36th Year of Meiji.
Gentlemen,—According to Article III. of present Treaty, the Chinese Govern-
ment agree that any Japanese steamer capable of navigating the Inland Waterways,
■upon reporting at the Imperial Maritime Customs, may proceed for purpose of trade
from a treaty port to places inland, so reported, on complying with the Original and
Supplementary Regulations for Steam Navigation Inland.
136 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
It is understood that all classes of Japanese steamers, whatever their size, provided^
they are capable of navigating the Inland Waterways, may, on complying with the't
Regulations, receive an Inland Waters Certificate, and carry on trade with Inland]'
places, and the Chinese Government will in no case raise difficulties and stop such]
steamers from plying to and from Inland places.
We have the honour, in order to prevent future misunderstandings, to address I
this despatch to Your Excellencies, and to request that instructions be sent to tha |
Inspector General of Maritime Customs to act in accordance with this understanding.!
We have further the honour to request a reply from your Excellencies.
We have the honour, etc.,
(Signed) Hioki Eki.
„ Odagiri Masnoske.
Annex 3
Imperial Chinese Commissioners for Treaty Revision to Imperial Japanese l
Commissioners for Treaty Revision
Shanghai, the 18th Day of the 8th Moon of the 26th Year of Kuang Hsu. ]
Gentlemen,—We have the honour to acknowledge the receipt of your Excel- j
lencies’ despatch of this date, written with a view of preventing future misunder- '
standings, to the effect that, in accordance with the provisions of Article III. of the I j
present Treaty, all classes of Japanese steamers, whatever their size, provided they are j
capable of navigating the Inland Waterways, may on complying with the Regulations jl
receive an Inland Waters Certificate, and ply to and from inland places, and that the J
Chinese Government will in no case raise difficulties and stop them.
During the negotiations of this Article, we received a list from your Excellencies 11
of the Japanese steamers, viz.:—Sanyo Maru, Setagawa Maru, Hiuga Maru, Urato ;l
Maru, Neisei Maru, Heian Maru, Taiko Maru, Yoshino Maru, Meiko Maru, Eukuju -I
Maru, Hijikawa Maru, Nagata Maru, Kyodo Maru, Horai Maru, Kwanko Maru, , I
Keiko Maru, Kinriu Maru, Zensho Maru and Kohei Maru, ranging from one hundred 11
and twenty-one tons to four hundred and ten tons register—plying from Chefoo to : I
inland places in Manchuria, under Inland Waters Certificate and in accordance with J |
the Regulations for Steam Navigation Inland, which vessels have not been prevented “
from doing so on account of their class.
At that time we instructed the Deputy Inspector General of Customs to make j |
inquiries into the records of the Custom-houses, and he reported that the circum- j
stances were in accordance with your Excellencies’ statement.
In consequence of the receipt of your Excellencies’ despatch, we shall communi- \ •
cate with the Waiwupu and request that instructions be sent to the Inspector-General J
of Customs to take these circumstances into consideration and to act accordingly, and i
we have the honour to write this despatch for purposes of record.
We have the honour to be,
(Signed) Lu Hai-huan.
„ Sheng Hsuan-huai.
„ Wu TTng-fang,
SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 137
Annex 4
:sr mperial Japanese Commissioners for Treaty Revision to Imperial Chinese
Commissioners for Treaty Revision
Shanghai, the 8th Day of the 10th Month of the 26th Year of Meiji.
Gentlemen,—The provision contained in No. 9 of the Supplementary Rules
v governing steam navigation on Inland Waters, published in the seventh moon of the
» twenty-fourth year of Kuang Hsu, regarding the appointment of an officer to collect
lues and duties, not having in all cases been given effect to, we have the honour to
request that your Excellencies’ Government will again issue instructions to all pro-
vinces to give strict effect to this provision, as it is a matter of importance.
We trust that your Excellencies will comply with the request contained in this
despatch and that you will favour us with a reply.
• We have the honour, etc.,
(Signed) Hioki Eki.
„ Odagiri Masnoske.
Annex 5
Imperial Chinese Commissioners for Treaty Revision to Imperial Japanese
Commissioners for Treaty Revision
Shanghai, the 18th Day of the 8th Moon of the 29th Year of Kuang Hsu.
Gentlemen,—We have the honour to acknowledge the receipt of your Excel-
lencies’ despatch of this date to the effect that the provision contained in No. 9 of
the Supplementary Rules governing steam navigation on Inland Waters, published
in the seventh moon of the twenty-fourth year of Kuang Hsii, regarding the appoint-
ment of an officer to collect dues and duties, not having in all cases been given effect
to, you request that instructions be again issued to all provinces to give strict effect
to this provision, as it is a matter of importance.
We have noted the above and have communicated with the proper authorities in
' order that action may be taken, and have now the honour to write this reply for your
Excellencies’ information.
We have the honour, etc.,
(Signed) Lu Hai-huan.
„ Sheng Hsuan-huai.
„ Wtr T‘ing-fang.
Annex 6
Imperial Chinese Commissioners for Treaty Revision to Imperial Japanese
Commissioners for Treaty Revision
Shanghai, the 18th Day of the 8th Moon of the 29th Year of Kuang Hsu.
Gentlemen,—According to the provision of Article X. of this Treaty, regarding
the establishment in Peking of a place of international residence and trade, it is
agreed that in case of, and after, the complete withdrawal of the foreign troops, now
138 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
guarding the Legations and communications, a place in Peking outside the Inneri
City, convenient to both parties and free from objections, shall be selected and seti
apart as a place where merchants of all nationalities may reside and carry on trade4
Within the limits of this place merchants of all nationalities shall be at liberty toj
lease land, build houses and warehouses, and establish places of business; but as td
the leasing of houses and land belonging to Chinese private individuals there musfl
be willingness on the part of the owners, and the terms thereof must be equitably
arranged without any force or compulsion. All roads and bridges in this place will
be under the jurisdiction and control of China. Foreigners residing in this place ar@
to observe the Municipal and Police Regulations on the same footing as Chinesei
residents, and they are not to be entitled to establish a Municipality and Police of
their own within its limits except with the consent of the Chinese authorities. When
such place of international residence and trade shall have been opened and its limits!
properly defined, the foreigners who have been residing scattered both within and;
without the city walls shall all be required to remove their residence thereto and;
they shall not be allowed to remain in separate places, and thereby cause inconvenience]
in the necessary supervision by the Chinese authorities. The value of the land and;
buildings held by such foreigners shall be agreed upon equitably, and due compen-j
sation therefor shall be paid. The period for such removal shall be determined ini
due time, and those who do not remove before the expiry of this period shall not be;
entitled to compensation.
We have considered it to be to our mutual advantage to come to the present;
basis of understanding in order to avoid future unnecessary negotiations, and we beg
that your Excellencies will consider and agree to it, and will favour us with a reply.]
We have the honour, etc.,
(Signed) Lu H
Ln Hai-huan.
Skeng Hscan-huai.
Wn T'ing-fang.
Annex 7
Imperial Japanese Commissioners for Treaty Revision to Imperial Chinese.
Commissioners for Treaty Revision
Shanghai, the 8th Day of the 10th Month of the 36th Year of Meiji. {
Gentlemen,—We have the honour to acknowledge the receipt of your;
Excellencies’ despatch of the 18th day of the 8th moon of the 29th year of Kuang;
Hsu.
In reply we beg to inform you that we agree generally to all the terms contained,
in the despatch under acknowledgment. As to the detailed regulations, these ■
shall in due time be considered and satisfactorily settled in accordance with :
Article X. of this Treaty; but it is understood that such regulations shall not differ
in any respect to our prejudice from those which may be agreed upon between China
and other Powers. We have the honour to send your Excellencies this communi-
cation in reply and for your information.
We have the honour, etc.,
(Signed) Hioki Eki.
Odagiri Masnoske.
L TREATY BETWEEN CHINA AND JAPAN RELATING
TO MANCHURIA
Signed at Peking, 22nd December, 1905
' I.—The Chinese Government agrees to all the transfers made to Japan by Russia,
|by Articles V. and VI. of the Treaty of Peace between Japan and Russia.
II. —The Japanese Government agrees to observe as much as possibl
ying Treaties in regard to the lease of land for the construction of railways, which
have been concluded between China and Russia.
I In case of any question arising in future, the Japanese Government will consult
i with the Chinese Government before settlement.
III. —This present Treaty will take effect from the date of signing,
Gratified by his Imperial Japanese Majesty and his Imperial Chinese Majesty, and
gratifications will be exchanged in Peking as early as possible within two months from
I the date of signing.
In witness whereof the Plenipotentiaries of the two contracting parties have
I signed and affixed their respective seals on the Treaty done in duplicate in Japanese
i and Chinese.
J Done at Peking, 22nd December, 1905.
Komura Jutako,
Minister for Foreign Affairs, Special Ambassador;
TTchida Kosai,
Minister Plenipotentiary;
Prince Ching,
Minister Plenipotentiary;
Kit Ko-ki,
Minister Plenipotentiary;
Yuan Shi-kai,
Minister Plenipotentiary.
Supplementary Agreement
The Governments of the two contracting parties have decided on the following
matters in which both parties are interested in Manchuria and agreed upon the
following stipulations for their guidance:—
I. —The Chinese Government agrees to open the following cities in M
to the residence of foreigners and foreign trade with as little delay as possible after
the evacuation of Manchuria by the Japanese and Russian armies:—
Shingking Province:—Whangfengcheng, Liaoyang, Sinminting, Tiding, Tung-
kiangtze, and Fakumen.
Kirin Province:—Changchun (Kwangchengtze), Kirin, Harbin, Ninguta, Hong-
chun and Sanchin.
Heilunking Province:—Tsitsikar, Hailar, Aihon and Manjuri.
II. —The Chinese Government having expressed its earnest desire for
withdrawal of the Japanese and Russian armies and railway guards in Manchuria,
and the Japanese Government being desirous of complying with the desire of the
Chinese Government, agrees to make similar arrangements in case of the Russian
Government agreeing to the withdrawal of its railway guards, or of any special under-
standing having been arrived at between China and Russia in the matter. When
order has been perfectly established in Manchuria and the Chinese authorities have
become able to fully protect the life and property of foreigners in Manchuria, the
Japanese Government, in common with the Russian Government, will withdraw the
railway guards.
III. —The Japanese Government will immediately inform the Ch
140 TREATY BETWEEN CHINA AND JAPAN RELATING TO MANCHURIA 1
ment of any locality in Manchuria which is evacuated by the Japanese troops, andli
on receiving such information the Chinese Government is authorised to send a force|
of troops necessary for the maintenance of the public security and order to the locality^
evacuated by the Japanese troops, even before the expiration of the term specified in.
the Japanese-Russian Treaty for the withdrawal of the troops. In case of bandits!
molesting villages in the district still under occupation of the Japanese troops, theh
Chinese local authorities may send troops to arrest the bandits, but Chinese troop®:
despatched on this work shall not be allowed to enter within twenty Chinese miles of:
the place where Japanese troops are stationed.
IV. —The Japanese Government agrees to return to
the Government or private property in Manchuria occupied or taken possession of by
the Japanese army for military purposes, as Manchuria is evacuated by the troops4
Even before the evacuation such property, when useless for the needs of the troops^
will be returned to the respective owners.
V. —The Chinese Government agrees to take all measures
the tombs of the Japanese soldiers killed in battle in Manchuria, and the monuments
erected in commemoration of their loyalty.
YI.—The Chinese Government agrees to the military railway constructed
between Antongchengand Mukden being transformed into a line for the transmission
of merchandise of all nationals and conducted by the Japanese Government. The)
term in which the railway will be conducted by the Japanese to be fifteen years fronm
the date on which the transformation of the line is completed. Upon the expiry ofp
the term, the railway will be sold to the Chinese Government, its value being decided!
by two experts, one to be appointed by each of the contracting parties. During theb
time the line is under the control of the Japanese, Chinese troops, arms, and provi-:
sions will be transported according to the terms of the Chinese Eastern Railway
Treaty. In effecting the transformation of the railway, the Japanese authorities in;
charge will consult with commissioners to be appointed by the Chinese Government.
Rates of freight on goods belonging to the Chinese Government or private individuals!
will be specially arranged.
VII. —The two contracting parties agree to make arr
for connecting the service of railways in South Manchuria and those in China proper,;
in order to promote and facilitate the communications and transport of goods.
VIII. —The Chinese Government agrees to exem
railways in South Manchuria from all duties and lekin.
IX. —At Yingkow (Newchwang), which is already op
also in Antongcheng, Mukden, and other places in the Shingking province, which it is
agreed to open to foreign trade, settlements for the exclusive use of Japanese will be
established, and the provision for this purpose made by the Japanese and Chinese
authorities in a special agreement.
X. —The Chinese Government agrees to a joint-stock lum
and Chinese being formed with a view to carrying on a business of cutting lumber in
the forests on the right bank of the Yalu. The Chinese Government further agrees
that the area of land where the business will be carried on, the term of the charter,
the process of the formation of the company, and the articles of the business, will be
determined upon in a special agreement. The interest in the company of the Japanese
and Chinese shareholders will be equally divided.
XI. —In regard to the trade on the frontier of Manc
according to most-favoured-nation principle will be extended to each contracting party.
XII. —The Governments of the two contracting parti
specified in the Articles of the Treaty signed this day, and in the supplementary agree-
ment, each party will give the most considerate treatment to the other.
This agreement will take effect from the date of signing and is to be considered
as ratified with the ratification of the Treaty signed this day.
In witness whereof the contracting parties have signed and affixed their seals in
duplicate in Japanese and Chinese, with due authority entrusted to them by their
respective Governments.
IINO-JAPANESB TREATY RELATING TO SHANTUNG
Ratified in Tolcyo on June 8th, 1915
T-reaty Kespecting the Province of Shantung
(Signed at Peking, May 25th, 1915)
His Majesty the Emperor of Japan and His Excellency the President of the
Republic of China, being desirous to maintain the general peace of the Par East and
to further strengthen the relations of amity and good neighbourhood existing between
the two countries, have resolved to conclude a treaty for that purpose, and to that
end have named their Plenipotentiaries, that is to say:—
His Majesty the Emperor of Japan, M. Eld Hioki, Jushii, Second Class of
the Imperial Order of the Sacred Treasure, His Majesty’s Envoy Extraordinary and
Minister Plenipotentiary to the Republic of China; and
His Excellency the President of the Republic of China, Mr. Lu-Cheng-hsiang,
Tsung-Ching, First Class of the Order of Chia-Ho, Minister of Foreign Affairs of
the Republic of China ;
Who, after having communicated to each other their respective full powers, which
were found to be in good and due form, have agreed upon the following Articles :—
Art. I.—The Chinese Government engage to recognize all matters that may be
agreed upon between the Japanese Government and the German Government re-
specting the disposition of all the rights, interests and concessions, which, in virtue of
treaties or otherwise, Germany possesses vis-di-vis China in relation to the Province
of Shantung.
Art. II.—The Chinese Government engage that, in case they undertake the con-
struction of a railway connecting Chefoo orLungkou with the Kiaochau-Tsinan Rail-
way, they shall, in the event of Germany’s surrendering her right of providing capital
for the Chefoo-Weihsien railway line, enter into negotiations with Japanese capitalists
for the purpose of financing the said undertaking.
Art. III.—The Chinese Government engage to open, of their own accord, as early
as possible, suitable cities and towns in the Province of Shantung for the residence
and trade of foreigners.
Art. IV.—The present Treaty shall take effect on the day of its signature.
The present Treaty shall be ratified by His Majesty the Emperor of Japan and by
His Excellency the President of the Republic of China, and the ratifications thereof
shall be exchanged at Tokyo as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed this Treaty
made in duplicate, in Japanese and in Chinese, and have hereunto affixed their seals.
Done at Peking the 25th day of the 5th month of the 4th year of Taisho, correspond-
ing to the 25th day of the 5th month of the 4th year of the inauguration of the
Republic of China.
Ekj Hioki,
Etc., etc., etc.
Lu Cheng-hsiang,
Etc., etc., etc.
14,2 SINO-JAPANESE TREATY REEA.TING TO SHANTUNG
Exchange of Notes
The following Notes dealing with the Shantung Treaty were exchanged:—
Monsieur le Ministre:— Peking, May 25th, 1915.
In the name of the Chinese Government, I have the honour to make the
following declaration to your Excellency’s Government:—
The Chinese Government will never lease or alienate, under any designation
whatever, to any foreign Power any territory within or along the coast of the
Province o® Shantung or any island lying near the said coast.
I avail, etc., etc.,
Lu Cheng-hsiang,
His Excellency Minister of Foreign Affairs of
Mr. Eki Hioki, the Republic of China.
H.LJ.M.’s Envoy Extraordinary
and Minister Plenipotentiary.
Monsieur le Ministre:— Peking, May 25th, 1915.
I have the honour to acknowledge the receipt of your Excellency’s note of to-
day’s date in which you make, in the name of the Government of China, the following
declaration to the Imperial Government of Japan:—
The Chinese Government will never lease or alienate, under any designation
whatever, to any foreign Power any territory within or along the coast of the Province
of Shantung or g,ny island lying near the said coast.
In reply I beg to state that I have taken note of this declaration.
I avail, etc., etc.,
Eki Hioki,
His Excellency H.I.J.M.’s Envoy Extraordinary
Mr. Lu Cheng-hsiang, and Minister Plenipotentiary.
Minister of Foreign Affairs
of the Republic of China.
Monsieur le Ministre:— Peking, May 25th, 1915.
I have the honour to state that the cities and towns to be opened in accordance
with the stipulation of Art. III. of the Treaty respecting Shantung Province, signed
to-day, will be selected and the regulations therefor will be drawn up by the Chinese
Government, and will be decided upon after consultation with the Japanese Minister.
I avail, etc., etc.,
Lu Cheng-hsiang,
His Excellency Minister of Foreign Affairs of
Mr. Eki Hioki, the Republic of China.
H.I.J.M.’s Envoy Extraordinary
and Minister Plenipotentiary.
SINO-JAPANESE TREATY RESPECTING SOUTH MANCHURIA, ETC. 143
Monsieur le Ministre:— Peking, May 25th, 1915.
I have the honour to acknowledge the receipt of your Excellency’s note of to-day’s
i4date, in which you state that the cities and. towns to be opened in accordance with.
>4the stipulation of Art. III. of the Treaty respecting Shantung Province, signed to-
il day, will be selected and the regulations therefor will be drawn up by the Chinese
jfi Government, and will be decided upon after consultation with the Japanese Minister.
In reply I beg to s(at3 that I have taken note of the same.
I avail, etc., etc..
Eki Hioki,
His Excellency H.I.J.M.’s Envoy Extraordinary
Mr. Lit Cheng-hsiang, and Minister Plenipotentiary.
Minister of Foreign Affairs
of the Republic of China.
SINO-JAPANESE TREATY RESPECTING SOUTH MAN-
CHURIA AND EASTERN INNER MONGOLIA
[Signed at Peking, May 25th, 1915]
His Majesty the Emperor of Japan and His Excellency the President of the
Republic of China, being desirous to develop the economic relations of the two coun-
tries in the regions of South Manchuria and Eastern Inner Mongolia, have resolved
to conclude a treaty for that purpose and to that end have named their Plenipoten-
tiaries, that is to say:—
His Majesty the Emperor of Japan, Mr. Eki Hioki, Jushii, Second Class of the
Imperial Order of the Sacred Treasure, His Majesty’s Envoy Extraordinary and
Minister Plenipotentiary to the Republic of China; and
His Excellency the President of the Republic of China, Mr. Lu Cheng-hsiang,
Tsung-Ching, First Class of the Order of Chia-Ho, Minister of Foreign Affairs of
the Republic of China;
Who, after having communicated to each other their respective full powers, which
were found to be in good and due form, have agreed upon the following articles :—•
Art. I.—The High Contracting Parties mutually agree to extend the term of the
lease of Port Arthur and Dairen, and the term relating to the South Manchurian
Railway and the Antung-Mukden Railway, to a period of ninty-nine years respectively.
Art. II.—The subjects of Japan shall be permitted in South Manchuria to lea,se
land necessary either for erecting buildings for various commercial and industrial
uses or for agricultural purposes.
Art. III.—The subjects of Japan shall have liberty to enter, travel and reside in
South Manchuria and to carry on business of various kinds—commercial, industrial
and otherwise.
Art. IY.—The Government of China shall permit joint undertakings, in Eastern
Inner Mongolia, of the subjects of Japan and citizens of China, in agriculture and
industries auxiliary thereto.
144 SISTO-JAPANESE TREATY RESPECTING SOUTH MANCHURIA, ETC.
Art. Y.—With respect to the three preceding Articles, the subjects of Japan
shall produce before the local authorities the passports duly issued for the purpose
of registration, aod shall also submit themselves to the police laws and regulations
and taxes of China.
In civil and criminal suits, the Japanese consular officer, where a Japanese
subject is the defendant, and the Chinese official, where a Chinese citizen is the
defendant, shall respectively try and decide the case, both the Japanese consular officer
and the Chinese official being permitted each to send his agent to attend the trial of
the other to watch the proceedings; provided that in civil suits arising out of land
disputes between Japanese subjects and Chinese citizens the cases shall be tried and
decided by the joint tribunal composed of the properly authorized officials of the two
countries, in accordance with the laws and local usages of China.
In the future when the judicial system in the said regions shall have been com-
pletely reformed, all civil and criminal suits involving Japanese subjects shall be wholly
tried and decided by the law-courts of China.
Art. YI.—The (xovernment of China engage to open of their own accord, as early
as possible, suitable cities and towns in Eastern Inner Mongolia for the residence
and trade of foreigners.
Irt. VII.—The Government of China agree to a speedy fundamental revision of
various agreements and contracts relating to the Kirin-Changchun Railway, on the
basis of the terms embodied in railway loan agreements which China has heretofore
entered into with various foreign capitalists.
If in future the Chinese Government grant to foreign capitalists, in matters
that relate to railway loans, more advantageous terms than those in the various
existing railway loan agreements, the above-mentioned Kirin-Changchun Railway
Loan Agreement shall, if so desired by Japan, be further revised.
Art. VIII.—Except as otherwise provided in this Treaty, all existing treaties
between Japan and China with respect to Manchuria shall remain in force.
Art. IX.—-The present Treaty shall take effect on the day of its signature.
The present Treaty shall be ratified by His Majesty the Emperor of Japan and
by His Excellency the President of the Republic of China, and the ratifications thereof
shall be exchanged at Tokyo as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed this Treaty made
in duplicate, in Japanese and in Chinese, and have hereunto affixed their seals.
Done at Peking the 25th day of the 5th month of the 4th year of Taisho,
corresponding to the 25th day of the 5th month of the 4th year of the inaugura-
tion of the Republic of China.
Eki Hioki,
Etc., etc., etc.
Ltr Cheng-hsiang,
Etc., etc., etc.
TREATY EOR THE SETTLEMENT OE OUTSTANDING
QUESTIONS RELATIVE TO SHANTUNG
Ratifications Exchanged at Peking on June 2nd, 1922
Japan and China, being equally animated by a sincere desire to settle amicably
and in accordance with their common interest outstanding questions relative to
Shantung, have resolved to conclude a treaty for the settlement of such questions,
and have to that end named as their Plenipotentiaries, that is to say:
His Majesty the Emperor of Japan: Baron Tomosaburo Kato, Minister of the
Navy ; Baron Kijuro Shidehara, Ambassador Extraordinary and Plenipotentiary;
and Masanao Hanihara, Vice-Minister for Foreign Affairs; and
His Excellency the President of the Chinese Republic: Sao-ke Alfred Sze,
Envoy Extraordinary and Minister Plenipotentiary; Vikyuin Wellington Koo,
Envoy Extraordinary and Minister Plenipotentiary; and Chung-hui Wang, Former
Minister of Justice;
Who, having communicated to each other their respective full powers, found to
be in good and due form, have agreed upon the following Articles:—
Section I.—Restoration of the Former German Leased Territory of Kiaochow
Art. I.—Japan shall restore to China the former German Leased Territory of
Kiaochow.
Art. II.—The Government of Japan and the Government of the Chinese Republic
shall each appoint three Commissioners to form a Joint Commission with powers to
make and carry out detailed arrangements relating to the transfer of the
administration of the former German Leased Territory of Kiaochow and to the
transfer of public properties in the said Territory and to settle other matters likewise
requiring adjustment.
For such purposes, the Joint Commission shall meet immediately upon the
coming into force of the present Treaty.
Art. III.—The transfer of the administration of the former German Leased
Territory of Kiaochow and the transfer of public properties in the said Territory, as
well as the adjustment of other matters under the preceding Article, shall be
completed as soon as possible and, in any case, not later than six months from the
date of the coming into force of the present Treaty.
Art. IV.—The Government of Japan undertakes to hand over to the Govern-
ment of the Chinese Republic, upon the transfer to China of the administration of
the former German Leased Territory of Kiaochow, such archives, registers, plans,
title-deeds and other documents in the possession of Japan, or certified copies there-
of, as may be necessary for the transfer of the administration, as well as those that
may be useful for the subsequent administration by China of the said Territory and
of the Fifty Kilometre Zone around Kiaochow Bay.
146 TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG
Section II.—Transfer of Public Properties
Art. Y.—The Government of Japan undertakes to transfer to the Government
of the Chinese Republic all public properties including land, buildings, works or
establishments in the former German Leased Territory of Kiaochow, whether former-
ly possessed by the German authorities or purchased or constructed by the Japanese
authorities during the period of the Japanese administration of the said Territory,
except those indicated in Article VII. of the present Treaty.
Art. YI.—In the transfer of public properties under the preceding Article no
compensation will be claimed from the Government of the Chinese Republic:
Provided, however, that for those purchased or constructed by the Japanese
authorities, and also for the improvements on or additions to those formerly possess-
ed by the German authorities, the Government of the Chinese Republic shall refund
a fair and equitable proportion of the expenses actually incurred by the Govern-
ment of Japan, having regard to the principle of depreciation and continuing value.
Art. VII.—Such public properties in the former German Leased Territory of
Kiaochow as are required for the Japanese Consulate to be established in Tsingtao
shall be retained by the Government of Japan, and those required more especially
for the benefit of the Japanese community, including public schools, shrines and
cemeteries, shall be left in the hands of the said community.
Art. VIII.—Details of the matters referred to in the preceding three Articles
shall be arranged by the Joint Commission provided for in Article II. of the present
Treaty.
Section III.—Withdrawal of Japanese Troops
Art. IX.—The Japanese troops, including gendarmes, now stationed along the
Tsingtao-Tsinanfu Railway and its branches, shall be withdrawn as soon as the
Chinese police or military force shall have been sent to take over the protection of
the Railway.
Art. X.—The disposition of the Chinese police or military force and the
withdrawal of the Japanese troops under the preceding Article may be effected in
sections.
The date of the completion of such process for each section shall be arranged
in advance between the competent authorities of Japan and China.
The entire withdrawal of such Japanese troops shall be effected within three
months, if possible, and, in any case, not later than six months from the date of the
signature of the present Treaty.
Art. XI.—The Japanese garrison at Tsingtao shall be completely withdrawn
simultaneously, if possible, with the transfer to China of the administration of the
former German Leased Territory of Kiaochow, and, in any case, not later than
thirty days from the date of such transfer.
Section IV.—Maritime Customs at Tsingtao
Art. XII.—The Custom House of Tsingtao shall be made an integral part of
the Chinese Maritime Customs upon the coming into force of the present Treaty.
Art. XIII.—The Provisional Agreement of August 6th, 1915, between Japan
and China relating to the re-opening of the office of the Chinese Maritime Customs at
Tsingtao shall cease to be effective upon the coming into force of the present Treaty.
Section V.—Tsingtao-Tsinanfu Railway
Art. XIV.—Japan shall transfer to China the Tsingtao-Tsinanfu Railway and
its branches, together with all other properties appurtenant thereto, including
wharves, warehouse and other similar properties.
TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG 147
Art. XV.—China undertakes to reimburse to Japan the actual value of all the
SiEailway properties mentioned in the preceding Article.
The actual value to be so reimbursed shall consist of the sum of fifty-three
up million, four hundred and six thousand, one hundred and forty-one (53,406,141)
g gold marks (which is the assessed value of such portion of the said properties as
S was left behind by the Germans), or its equivalent, plus the amount which Japan,
■j during her administration of the Railway, has actually expended for permanent
r improvements on or additions to the said properties, less a suitable allowance for
I depreciation.
It is undertsood that no charge will be made with respect to the wharves, ware-
house and other similar properties mentioned in the preceding Article, except for
such permanent improvements on or additions to them as may have been made by
Japan during her administration of the Railway, less a suitable allowance for de-
spreciation.
Art. XVI.—The Government of Japan and the Government of the Chinese
Republic shall each appoint three Commissioners to form a Joint Railway Com-
mission, with powers to appraise the actual value of the Railway properties on the
basis defined in the preceding Article and to arrange the transfer of the said
properties.
Art. XVII.—The transfer of all the Railway properties under Article XIV. of
the present Treaty shall be completed as soon as possible, and, in any case, not later
than nine months from the date of the coming into force of the present Treaty.
Art. XVIII.—To effect the reimbursement under Article XV. of the present
Treaty, China shall deliver to Japan, simultaneously with the completion of the
transfer of the Railway properties, Chinese Government Treasury Notes, secured on
the properties and revenues of the Railway and running for a period of fifteen years,
but redeemable, whether in whole or in part, at the option of China at the end of five
years from the date of the delivery of the said Treasury Notes, or at any time there-
after upon six months’ previous notice.
Art. XIX.—Pending the redemption of the said Treasury Notes under the pre-
ceding Article, the Government of the Chinese Republic will select and appoint, for
so long a period as any part of the said Treasury No$es shall remain unredeemed,
a Japanese subject to be Traffic Manager, and another Japanese subject to be Chief
Accountant jointly with the Chinese Chief Accountant and with co-ordinate
functions.
These officials shall all be under the direction, control and supervision of the
•Chinese Managing-Director, and removable for cause.
Art. XX.—Financial details of a technical character relating to the said
Treasury Notes not provided for in this Section shall be determined in common
accord between the Japanese and Chinese authorities as soon as possible and, in
any case, not later than six months from the date of the coming into force of the
present Treaty.
Section VI.—Extensions of the Tsingtao-Tsinanfu Railway
Art. XXI.—The concessions relating to the two extensions of the Tsingtao-
Tsinanfu Railway, namely, the Tsinanfu-Shunteh and the Kaomi-Hsuchowfu lines,
shall be made open to common activity of an international financial group, on
terms to be arranged between the Government of the Chinese Republic and the said
.group.
Section VII.—Mines
Art. XXII. —The mines of Tsechwan, Fangtze and Cbinlingchen, for which
the mining rights were formerly granted by China to Germany, shall be handed
over to a company to be formed under a special charter of the Government of the
'Chinese Republic, in which the amount of Japanese capital shall not exceed that of
Chinese capital.
148 TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG
The mode and terms of such arrangements shall be determined by the Joint
Commission provided for in Article II. of the present Treaty.
Section YIII.—Opening of the Former German Leased Territory of Kiaochow
Art. XXIII.—The Government of Japan declares that it will not seek tbe
establishment of an exclusive Japanese settlement, or of an international settlement,
in the former German Leased Territory of Kiaochow.
The Government of the Chinese Republic, on its part, declares that the entire
area of the former German Leased Territory of Kiaochow will be opened to foreign
trade and that foreign nationals will be permitted freely to reside and carry on
commerce, industry and other lawful pursuits within such area.
Art. XXIV.—The Government of the Chinese Republic further declares that
vested rights lawfully and equitably acquired by foreign nationals in the former
German Leased Territory of Kiaochow, whether under the German regime or
during the period of the Japanese administration, will be respected.
All questions relating to the status or validity of such vested rights acquired by
Japanese subjects or Japanese companies shall be adjusted by the Joint Commission
provided for in Article II. of the present Treaty.
Section IX.—Salt Industry
Art. XXV.—Whereas the salt industry is a Government monopoly in China,
it is agreed that the interests of Japanese subjects or Japanese companies actually
engaged in the said industry along the coast of Kiaochow Bay shall be purchased by
the Government of the Chinese Republic for fair compensation, and that the
exportation to Japan of a quantity of salt produced by such industry along the said
coast is to be permitted on reasonable terms.
Arrangements for the above purpose, including the transfer of the said
interests to the Government of the Chinese Republic, shall be made by the Joint
Commission provided for in Article II. of the present Treaty. They shall be
completed as soon as possible and, in any case, not later than six months from the
date of the coming into force of the present Treaty.
Section X.—Submarine Cables
Art. XXVI.—The Government of Japan declares that all the rights, title and
privileges concerning the former German submarine cables between Tsingtao and
Chefoo and between Tsingtao and Shanghai are vested in China, with the exception
of those portions of the said two cables which have been utilized by the Government
of Japan for the laying of a cable between Tsingtao and Sasebo; it being under-
stood that the question relating to the landing and operation at Tsingtao of the said
Tsiugtao-Sasebo cable shall be adjusted by the Joint Commission provided for in
Article II. of the present Treaty, subject to the terms of the existing contracts to
which China is a party.
Section XI.—Wireless Stations
Art. XXVII.—The Government of Japan undertakes to transfer to the Gov-
ernment of the Chinese Republic the Japanese wireless stations at Tsingtao and
Tsinanfu for fair compensation for the value of these stations, upon the with-
drawal of the Japanese troops at the said two places, respectivelv.
Details of such transfer and compensation shall be arranged by the Join
Commission provided for in Article II. of the present Treaty.
Art. XXVIII.—The present Treaty (including the Annex thereto) shall be
ratified, and the ratifications thereof shall be exchanged at Peking, as soon a»
possible, and not later than four months from the date of its signature.
TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG I49'
It shall come into force from the date of the exchange of ratifications.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty in duplicate in the English language, and have affixed hereto their seals.
Done at the Citv of Washington this fourth day of February, One Thousand
Nine Hundred and Twenty-Two.
[l.s.] T. Kato. [l.s. Sao-ke Alfred Sze.
[l.s.] K. Shidehara. [l.s.] V. K. Wellington Koo.
[l.s.] M. Hanihara. [l.s.] Chung-hui Wang.
ANNEX
I.—Renunciation of Preferential Rights
The Government of Japan declares that it renounces all preferential right with
respect to foreign assistance in persons, capital and material stipulated in the
Treaty of March 6th, 1898, between China and Germany.
II.—Transfer of Public Properties
It is understood that public properties to be transferred to the Government of
the Chinese Republic under Article V. of the present Treaty include (1) all public
works, such as roads, water-works, parks, drainage and sanitary equipment, and
(2) all public enterprises such as those relating ito telephone, electric, stockyard
and laundry.
The Government of the Chinese Republic declares that in the management
and maintenance of public works to be so transferred to the Government of the
Chinese Republic, the foreign community in the former German Leased Territory of
Kiaochow shall have fair representation.
The Government of the Chinese Republic further declares that, upon taking
over the telephone enterprise in the former German Leased Territory of Kiaochow,
it will give due consideration to the requests from the foreign community in the
said Territory for such extensions and improvements in the telephone enterprise as
may be reasonably required by the general interests of the public.
With respect to public enterprises relating to electric light, stockyard and
laundry, the Government of the Chinese Republic, upon taking them over, shall
re-transfer them to the Chinese municipal authorities of Tsingtao, which shall, in
turn, cause commercial companies to be formed under Chinese laws for the
management and working of the said enterprises, subject to municipal regulation and
supervision.
III.—Maritime Customs at Tsingtao
The Government of the Chinese Republic declares that it will instruct the
Inspector-General of the Chinese Maritime Customs (1) to permit Japanese traders
in the former German Leased Territory of Kiaochow to communicate in the Japan-
ese language with the Custom House of Tsingtao; and (2) to give consideration,
within the limits of the established service regulations of the Chinese Maritime
Customs, to the diverse needs of the trade of Tsingtao in the selection of a suitable
staff for the said Custom House.
IV.—Tsingtao-Tsinanfu Railway
Should the Joint Railway Commission provided for in Article XVI. of the
present Treaty fail to reach an agreement on any matter within its competence, the
point or points at issue shall be taken up by tha Government of Japan and the
Government of the Chinese Republic for discussion and adjustment by means of
diplomacy.
150 TREA.TY FOR THE SETTLEMENT RELATING TO SHANTUNG
In the determination of such point or points, the Government of Japan and the
Government of the Chinese Republic shall, if necessary, obtain recommendations of
experts of a third Power or Powers, who shall be designated in common accord
between two Governments.
Y.—Chefoo-Weihsien Bailway
The Government of Japan will not claim that the option for financing the
Chefoo-Weihsien Railway should be made open to the common activity of the
International Financial Consortium, provided that the said Railway is to be con-
structed with Chinese capital.
VI.—Opening of the Former German Leased Territory of Kiaochow
The Government of the Chinese Republic declares that, pending the enactment
and general application of laws regulating the system of local self-government in
China, the Chinese local authorities will ascertain the views of the foreign residents
in the former German Leased Territory of Kiaochow in such municipal matters as
may directly affect their welfare and interests.
T. Kato. Sao-ke Alfred Sze.
C. Shidehara. V. K. Wellington Koo.
M. Hanihara. Chung-hui Wang.
AGREED TERMS OF UNDERSTANDING RECORDED IN THE MINUTES
OF THE JAPANESE AND CHINESE DELEGATIONS CONCERNING
THE CONCLUSION OF THE TREATY FOR THE SETTLEMENT
OF OUTSTANDING QUESTIONS RELATIVE TO SHANTUNG
Transfer of Public Properties
I. —Japanese subjects will be permitted, subject to the provisi
to become members or shareholders of any of the commercial companies to be formed
with respect to public enterprises mentioned in Paragraph 4 of Annex II. of the
Treaty.
Withdrawal of Japanese Troops
II. —After the withdrawal of the Japanese troops provided
XI. of the Treaty, no Japanese military force of any kind will remain in any part
of Shantung.
Tsingtao-Tsinanfu Railway
III. —All light railways constructed by Japan in Shan
appurtenant thereto shall be considered as part of the properties of Tsingtao-
Tsinanfu Railway.
IV. —The telegraph lines along the Railway shall also b
the Railway properties.
V. —The Chinese authorities, upon taking over the Rail
power and discretion to retain or to remove the present employes of Japanese
nationality in the service of the Railway. In replacing such employes, reasonable
notice shall be given before the date of the transfer of the Railway. Detailed
arrangements regarding the replacements to take effect immediately on the transfer
of the Railway are to be made by the Joint Railway Commission provided for in
Article XVI. of the Treaty.
TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG 151
VI. —The entire subordinate staff of the Japanese Traffic Ma
Japanese Chief Accountant of the Railway is to le appointed by the Chinese
Managing-Director. After two years and a half from the date of the transfer of
the Railway, the Chinese Government may appoint an Assistant Traffic Manager of
Chinese nationality for the period of two years and a half, and such Chinese
Assistant Traffic Manager may likewise be appointed at any time upon notice being
given for the redemption of the Treasury Notes under Article XVIII. of the Treaty.
VII. —The Chinese Government is under no obligation to a
subjects as members of the subordinate staff above mentioned.
VIII. —The redemption of the Treasury Notes under Ar
Treaty will not be effected with funds raised from any source other than Chinese.
IX. —The Chinese Government will ask the Japanese Gove
information as may be useful in making the selection of the Japanese Traffic
Accountant of the Railway.
X. —All questions relating to the existing contracts or commitm
the Japanese authorities in charge of the Railway shall be settled by the Joint Rail-
way Commission; and, prior to the transfer of the Railway, the said Japanese
authorities will not make any new contracts or commitments calculated to be harmful
to the interests of the Railway.
Opening of the Former German Leased Territory of Kiaochow
XI. —The term “ lawful pursuits” used in article XXIII. of the T
be so construed as to include agriculture, or any enterprise prohibited by Chinese
law or not permitted to foreign nationals under the treaties between China and
Foreign Powers, it being understood that this definition shall be without prejudice
to the question of the salt industry provided for in Article XXV. of the Treaty or to
any question relating to vested right which shall be determined in accordance with
Article XXIV. of the Treaty.
Post Offices
XII. —All the Japanese Post Offices outside of the former
Territory of Kiaochow shall be withdrawn simultaneously with the transfer of the
Tsingtao-Tsinanfu Railway, if such transfer shall take place before January 1st,
1923, and, in any case, not later than the said date.
XIII. —All the Japanese Post Offices within the forme
Territory of Kiaochow shall be withdrawn simultaneously with the transfer of the
administration of the said Territory.
Claims
XIV. —The omission of any reference in the Treaty to the q
which Chinese citizens may have against Japanese subjects for the restitution
of real property in Shantung or for damages to the person and property of Chinese
citizens in Shantung shall not prejudice such claims.
XV. —The Chinese authorities shall furnish the Japanese aut
list of such claims, together with all available evidence in support of each claim.
Justice shall be done through diplomatic channel as regards the claims against the
Japanese authorities, and through ordinary judicial procedure as regards the claims
against Japanese subjects. With respect to the latter class of claims, the investiga-
tion into actual facts of each case may, if necessary, be conducted by a Joint Com-
mission of Japanese and Chinese officials, in equal number, to be specially designated
for that purpose.
XVI. —The Japanese Government shall not be held responsible
which may have been directly caused by the military operations of Japan during
the late war.
Washington, D.C., Feburuary 4th, 1922.
FINAL PROTOCOL MADE BETWEEN CHINA
AND ELEVEN POWERS, 1901
[Translation]
The Plenipotentiaries of Germany, Monsieur A. Mumm von Schwartzenstein;
Austria-Hungary, Baron M. Czikann; Belgium, Monsieur Joostens; Spain, Monsieur
B. J. de Cologan; United States, Mr. W. W. Rockhill; France, Monsieur Beau;
Great Britain, Sir Ernest Satow; Italy, Marquis Salvage Raggi; Japan, Monsieur
Jutaro Komuro; Netherlands, Monsieur F. M. Knobel; Russia, Monsieur Michael
de Giers; and the Plenipotentaries of China, His Highness Yi-K’uang, Prince of the
first rank; Ch’ing, President of the Board of Foreign Affairs; and His Excellency
Li Hung-chang, Count of the first rank; Su-Yi, Tutor of the Heir Apparent, Grand
Secretary of the Wen-Hua Throne Hall, Minister of Commerce, Superintendent of
Trade for the North, Governor-General of Chihli, have met for the purpose of
declaring that China has complied with the conditions laid down in the Note of the
22nd of December, 1900, and which were accepted in their entirety by His Majesty
the Emperor of China in a Decree dated the 27th of December, 1900 (Annex No 1).
Art. I.—By an Imperial Edict of the 9th of June last (Annex No. 2) Tsai-
F6ng, Prince of the first rank, Chun, was appointed Ambassador of His Majesty
the Emperor of China and directed in that capacity to convey to His Majesty the
Emperor of Germany the expression of the regrets of His Majesty the Emperor of
China and of the Chinese Government at the assassination of His Excellency the
late Baron von Ketteler, German Minister. Prince Chun left Peking the 12th of
July last to carry out the orders which had been given him.
Art. II.—The Chinese Government has stated that it will erect on the spot of
the assassination of H.E. the late Baron von Ketteler, a commemorative monument,
worthy of the rank of the deceased, and bearing an inscription in the Latin, German
and Chinese languages, which shall express the regrets of H.M. the Emperor of
China for the murder committed.
The Chinese Plenipotentiaries have informed H.E. the German Plenipotentiary,
in a letter dated the 22nd of July last (Annex No. 3) that an arch of the whole
width of the street would be erected on the said spot, and that work on it was begun
on the 25th of June last.
Art. Ila.—Imperial Edicts of the 13th and 21st of February, 1901 (Annexes
Nos. 4, 5 and 6), inflicted the following punishments on the principal authors of
the attempts and crimes committed against the Foreign Governments and their
nationals:—
Tsai-I, Prince Tuan, and Tsai-Lan, Duke Fu-kuo, were sentenced to be brought
before the Autumnal Court of Assize for execution and it was agreed that, if the
Emperor saw fit to grant them their lives, they should be exiled to Turkestan and
there imprisoned for life, without the possibility of commutation of these punishments.
Tsai Hsiin, Prince Chuang, Ying-Nien, President of the Court of Censors;
and Chao Shu-chiao, President of the Board of Punishments, were condemned to
commit suicide.
Yii Hsien, Governor of Shansi; Ch’i Hsiu, President of the Board of Rites; and
Hsu Ch’eng-yfi, formerly senior Vice-President of the Board of Punishments, were
condemned to death.
Posthumous degradation was inflicted on K’ang Yi, Assistant Grand Secretary,
President of the Board of Works; Hsu T’ung, Grand Secretary; and Li Ping-hfing,
former Governor-General of Szu-ch’uan.
PINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901 153-
Imperial Edict of February 13th, 1901 (Annex No. 7), rehabilitated the
ttmemories of Hsu Yung-yi, President of the Board of War; Li Shan, President of
lithe Board of Works; Hsu Ching-ch’eng, Senior Vice-President of the Board of Civil
1 Office; Lien Yuan, Vice-Chancellor of the Grand Council; and Yuan Ch’ang,
Vice-President of the Court of Sacrifices, who had been put to death for having
protested against the outrageous breaches of International Law of last year.
Prince Chuang committed suicide on the 21st of February, 1901: Ying Nien and
Chao Shu-chiao on the 24th, Yu-Hsien was executed on the 22nd, Ch’i-Hsiu and Hsu
Ch’cng-yii on the 26th, Tung Fu-hsiang, General in Kansu, has been deprived of
his office by Imperial Edict of the 13th of February, 1901, pending the determination
I of the final punishment to be inflicted on him.
Imperial Edicts dated the 29th April and the 19th August, 1901, have inflicted
various punishments on the provincial officials convicted of the crimes and outrages
of last summer.
A rt. IB.—An Imperial Edict promulgated the 19th August, 1901 (Annex No. 8),
ordered the suspension of official examinations for five years in all cities where
foreigners were massacred or submitted to cruel treatment.
Art. III.—So as to make honourable reparation for the assassination of
Mr. Sugiyama, Chancellor of the Japanese Legation, H.M. the Emperor of China by
an Imperial Edict of the 18th of June, 1901 (Annex No. 9), appointed Na T’ung,
Vice-President of the Board of Finances, to be his Envoy Extraordinary, and specially
directed him to convey to H.M. the Emperor of Japan the expression of the regret
of H.M. the Emperor of China and of his Government at the assassination of
Mr. Sugiyama.
Art. IY.—The Chinese Government has agreed to erect an expiatory monument
in each of the foreign or international cemeteries which were desecrated or in which
the tombs were destroyed.
It has been agreed with the Representatives of the Powers that the Lea at ions
interested shall settle the details for the erection of these monuments, China bearing
all the expenses thereof , estimated at ten thousand Taels for the cemeteries at Peking
and in its neighbourhood, and at five thousand Taels for cemeteries in the Provinces.
The amounts have been paid and the list of these cemeteries is enclosed herewith
(Annex No. 10).
Art. V.—China has agreed to prohibit the importation into its territory of arms
and ammunition as well as of materials exclusively used for the manufacture of arms
and ammunition.
An Imperial Edict has been issued on the 25th of August, 1901 (Annex No. 11),
forbidding said importation for a term of two years. New Edicts may be issued
subsequently extending this by other successive terms of two years in case of
necessity recognised by the Powers.
Art. VI.—By an Imperial Edict dated the 22nd of May, 1901 (Annex No. 12),
H.M. the Emperor of China agreed to pay the Powers an indemnity of four hundred
and fifty millions of Haikwan Taels.
This sum represents the total amount of the indemnities for States, Companies,
or Societies, private individuals and Chinese referred to in Article VI. of the Note of
December 22nd, 1900.
(a) These four hundred and fifty millions constitute a gold debt calculated
at the rate of the Haikwan Tael to the gold currency of each country
as indicated below:—
Haikwan Tael—Mark 3.055
Austro-Hungary crown 3.595
Gold dollar 0.742
Franc 3.740
Pound sterling £0. 3s. Od.
Yen 1.407
Netherlands florin 1.796
Gold rouble 1.412
154 PINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901
This sum in gold shall bear interest at 4 per cent, per annum, and the
capital shall be reimbursed by China in thirty-nine years in the
manner indicated in the annexed plan of amortization (Annex No.
13). Capital and interest shall be payable in gold or at the rates of
exchange corresponding to the dates at which the different payments
shall fall due.
The amortization shall commence the 1st of January, 1902, and shall finish
at the end of the year 1940. The amortizations are payable annually,
the first payment being fixed on the first of January, 1903.
Interest shall run from the first of July, 1901, but the Chinese Government
shall have the right to pay off within a term of three years, beginning
January, 1902, the arrears of the first six months ending the 31st of
December, 1901, on condition, however, that it pays compound interest
at the rate of four per cent, per annum on the sums, the payments of
which shall have been thus deferred.
Interest shall be payable semi-annually, the first payment being fixed on
the 1st of July, 1902.
(b) The service of the debt shall take place in Shanghai in the following
, manner:—
Each Power shall be represented by a delegate on a commission of bankers
authorised to receive the amount of interest and amortization which
shall be paid to it by the Chinese Authorities designated for that
purpose, to divide it among the interested parties and to give a receipt
for the same.
(c) The Chinese Government shall deliver to the Doyen of the Diplomatic
Corps at Peking a bond for the lump sum, which shall subsequently be
converted into fractional bonds bearing the signature of the delegates
of the Chinese Government designated for that purpose. This
operation and all those relating to issuing of the bonds shall be
performed by the above-mentioned Commission, in accordance with
the instructions which the Powers shall send their delegates.
(d) The proceeds of the revenues assigned to the payment of the bonds
shall be paid monthly to the Commission.
(e) The revenues assigned as security for the bonds are the following:—
■(1.) The balance of the revenues of the Imperial Maritime Customs after
payment of the interest and amortization of preceding loans secured on those
revenues, plus the proceeds of the raising to five per cent, effective of the
present tariff on maritime imports, including articles until now on the free
list, but exempting rice, foreign cereals and flour, gold and silver bullion
and coin.
•(2.) The revenues of the native Customs, administered in the open ports by
the Imperial Maritime Customs.
{3.) The total revenues of the Salt Gabelle, exclusive of the fraction previously
set aside for other foreign loans.
The raising of the present tariff on imports to five per cent, effective is
agreed to on conditions mentioned below. It shall be put in force two
months after the signing of the present Protocol, and no exceptions shall be
made except for merchandise in transit not more than ten days alter the
said signing.
{1.) All duties levied on imports ad valorem shall be converted as far as
possible and as soon as may be into specific duties.
This conversion shall be made in the following manner:—The average
value of merchandise at the time of their landing during the three years
1897, 1898 and 1899, that is to say, the market price less the amount of
import duties and incidental expenses, shall be taken as the basis for the
valuation of merchandise.
FINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901 15&
Pending the result of the work of conversion, duties shall be levied
ad valorem.
(2.) The beds of the rivers Whangpoo and Peiho shall be improved with the
financial participation of China.
Art. VII.—The Chinese Government has agreed that the quarter occupied by
the Legations shall be considered as one specially reserved for their use and placed
: under their exclusive control, in which Chinese shall not have the right to reside and
i which may be made defensible.
The limits of this quarter have been fixed as follows on the annexed plan (Annex
No. 14.)—
On the East, Ketteler Street (10, 11, 12).
On the North, the line 5, 6, 7, 8, 9, 10.
On the West, the line 1, 2, 3, 4, 5.
On the South, the line 12-1 drawn along the exterior base of the
Tartar wall and following the line of the bastions.
In the Protocol annexed to the letter of the 16th of January, 1901, China-
recognised the right of each Power to maintain a permanent guard in the said quarter
for the defence of its Legation.
Art. VIII.—The Chinese Government has consented to raze the forts of Taku
and those which might impede free communication between Peking and the sea. Steps-
have been taken for carrying this out.
Art. IX.—The Chinese Government conceded the right to the Powers in the
Protocol annexed to the letter of the 16th of January, 1901, to occupy certain points,
to be determined by an agreement between them for the maintenance of open com-
munication between the capital and the sea. The points occupied by the Powers
are:—Huang-ts’un, Lang-fang, Yang-ts’un, Tientsin, Chun-liang-Ch’4ng, Tong-ku,
Lu-t’ai, Tong-shan, Lan-chou, Chang-li, Ch’in-wang Tao, Shanhai-kwan.
Art. X.—The Chinese Government has agreed to post and to have published
during two years in all district cities the following Imperial Edicts:—
(а) Edict of the 1st of February, 1901 (Annex No. 15), prohibiting for
ever, under pain of death, membership in an anti-foreign society.
(б) Edicts of the 13th and 21st of February, 29th of April and 19th of
August, 1901, enumerating the punishments inflicted on the guilty.
(c) Edict of the 19th of August, 1901, prohibiting examinations in all cities
where foreigners were massacred or subjected to cruel treatment.
(d) Edict of the 1st of February, 1901 (Annex No. 16), declaring all
Governors-General,Governors and Provincial or local officials responsible
for order in their respective districts, and that in case of new anti-foreign
troubles or other infractions of the Treaties which shall not be immedi-
ately repressed and the authors of which shall not have been punished,
these officials shall be immediately dismissed without possibility of
being given new functions or new honours.
The posting of these Edicts is being carried on throughout the Empire.
Art. XI.—The Chinese Government has agreed to negotiate the amendments
deemed necessary by the Foreign Governments to the Treaties of Commerce and
Navigation and the other subjects concerning commercial relations with the object of
facilitating them.
At present, and as a result of the stipulation contained in Article VI. concern-
ing the indemnity, the Chinese Government agrees to assist in the improvement of
the courses of the rivers Peiho and Whangpoo, as stated below:—
(a) The works for the improvement of the navigability of the Peiho, begun
in 1898 with the co-operation of the Chinese Government, have been
resumed under the direction of an International Commission. As soon
as the administration of Tientsin shall have been handed back to the
Chinese Government it will be in a position to be represented on this
15ft FINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901
Commission, and will pay each year a sum of 60,000 Haikwan Taels
for maintaining the works.
(b) A Conservancy Board, charged with the management and control
of the works for straightening the Whangpoo and the improvement
of the course of that river, is hereby created.
This Board shall consist of members representing the interests of the Chinese
Government and those of foreigners in the shipping trade of Shanghai.
The expenses incurred for the works and the general management of the under-
taking are estimated at the annual sum of 460,000 Haikwan Taels for the first twenty
years. This sum shall be supplied in equal portions by the Chinese Government and
the foreign interests concerned. Detailed stipulations concerning the composition, i
duties and revenues of the Conservancy Board are embodied in Annex No. 17.
Art. XII.—An Imperial Edict of the 24th of July, 1901 (Annex No. 18),
reformed the Office of Foreign Affairs, Tsungli Yamen, on the lines indicated by the
Powers, that is to say, transformed it into a Ministry of Foreign Affairs, Waiwupu,
which takes precedence over the six other Ministries of State: the same Edict
appointed the principal members of this Ministry.
An agreement has also been reached concerning the modification of Court
Ceremonial as regards the reception of the Foreign Representatives, and has been the
subject of several Notes from the Chinese Plenipotentiaries, the substance of which
has been embodied in a memorandum herewith annexed (Annex No. 19).
Finally it is expressly understood that as regards the declarations specified above
and the annexed documents originating with the foreign Plenipotentiaries, the
French text only is authoritative.
The Chinese Government having thus complied to the satisfaction of the Powers
with the conditions laid down in the above-mentioned Note of December 22nd, 1900,
the Powers have agreed to accede to the wish of China to terminate the situation
created by the disorders of the summer of 1900. In consequence thereof the foreign
Plenipotentiaries are authorised to declare in the names of their Governments that,
with the exception of the Legation guards mentioned in Article VII., the Interna-
tional troops will completely evacuate the city of Peking on the 17th of September,
1901, and, with the exception of the localities mentioned in Article IX., will withdraw
from the Province of Chihli on the 22nd of September, 1901.
The present Final Protocol has been drawn up in twelve identical copies and signed
by all the Plenipotentiaries of the contracting countries. One copy shall be given
to each of the Foreign Plenipotentiaries, and one copy shall be given to the Chinese
Plenipotentiaries.
(Signed) A. von Mtjmm.
„ M. CziKANN.
„ JOOSTENS.
„ B. J. DE COLOGAN.
„ W. W. Rockhill.
„ Beau.
„ Ernest Satow.
„ Salvago Raggi.
„ JuTARO KoMURA.
„ F. M. Knobei,.
„ M. DE Giers.
„ Yi K’uang.
„ Li Hung-chang.
Certified copy.
(Signed) A. d’Anthouard.
„ B. I^RODFENSKY.
„ Reginald Tower.
„ Von Bohlenund Halbace.
GERMANY
TREATY OE PEACE BETWEEN CHINA AND GERMANY
Ratified and Signed at Peking on the 1st July, 1921
The Government of the Republic of China and the Government of the Republic
l Icommerce by an agreement between the two countries, taking as basis the Declara-
tion of the Republic of Germany dated on this day and recognizing that the applica-
tion of the principles of the respect of territorial sovereignty, of equality, and o£
reciprocity is the only means to maintain good understanding between the peoples,
have named, for this purpose, as their Plenipotentiaries, that is to say :
b The Government of the Republic of China, W. W. Yen, Minister of Poreign
| Affairs.
The Government of the Republic of Germany, H. von Borch, Consul-General.
Who, after having communicated to each other their full powers, which are
[ found to be in good and due form, have agreed upon the following dispositions:
Art. I.—The two High Contracting Parties have the right mutually to send
duly accredited diplomatic representatives who shall reciprocally enjoy in the country
of their residence the privileges and immunities that are accorded to them by the
law of nations.
Art. II.—The two High Contracting Parties accord to each other reciprocally
the right to appoint, in all the places where there is established a consulate or a vice-
consulate of a third nation, consuls, vice-consuls, and consular agents who shall be
treated with the consideration and regard that are accorded to the agents of the same
grade of other nations.
Art. III.—The nationals of one of the two Republics residing in the territory
of the other shall have the right, in conformity with the laws and regulations of the
country, to travel, to reside, and to engage in commerce or industry, in all the
places where the nationals of another nation are allowed to do so.
They shall be placed, their persons as well as their properties, under the juris-
diction of the local courts: they shall conform themselves to the laws of the country
where they reside. They shall not pay any imposts, taxes, or contributions higher
than those paid by the nationals of the country.
Art. IV.-—The two High Contracting Parties recognize that all the matters
concerning tariff are regulated solely by the internal legislation of each of them.
Any duties higher than those paid by the nationals of the country shall not, however,
be levied on the products, raw or manufactured, having origin in one of the two
Republics or in a third country at their importations, exportations, or transit.
Art. V.—The Declaration of the Republic of Germany on this day and the
stipulations of the present Agreement shall be taken as the basis for the negotiation
of a definitive treaty.
Art. YI.—The present Agreement is drawn up in Chinese, German, and
French: in case of difference in interpretation the French text shall prevail.
Art. VII.—The present Agreement shall be ratified as soon as possible and
come into force on the day when the two Governments shall have made known to
•each other that the ratifications have been effectuated.
Done at Peking, in double copies, the 20th day, 5th Moon, 10th Year of the
Republic, corresponding to May 20th, 1921.
Notices of ratification were exchanged at 10 o’clock, July 1st, at the Wai-
chiaopu Building.
(Signed) Dr. W. W. Yen,
Minister of Foreign Affairs, China.
(Signed) H. von Borch,
Representative of the German Government,
158 TREATY OP PEACE BETWEEN- CHINA AND GERMANY
Declaration
The undersigned, being the duly authorized representative of the Government
of the Republic of Germany, has the honour to make known in the name of his
Government to the Minister of Foreign Affairs of the Republic of China the
following:
The Government of the Republic of Germany, animated by the desire to
reestablish the relations of friendship and commerce between China and Germany,
Considering that such relations should be based upon the principles of perfect,
equality and absolute reciprocity in conformity with the generally recognized rules of
international law;
Considering that the President of the Republic of China issued a Mandate on
September 15th, 1919, concerning the restoration of peace with Germany;
Considering that Germany engages herself to fulfil the obligations towards
China, derived from Articles 128 to 184 (inclusive) of the Treaty of Versailles,,
dated June 28th, 1919, and coming into force on January 10th, 1920;
Affirms that Germany has been obliged by the events of the War and by the
Treaty of Versailles to renounce all the rights, interests, and privileges which she
acquired by virtue of the Treaty concluded by her with China on March 6th, 1898,
and other Acts concerning the Province of Shantung, and finds herself deprived
of the possibility of restituting them to China;
And formally declares:
To consent to the abrogation of the consular jurisdiction in China.
To renounce, in favour of China, all the rights which the German Government
possessed in the “ Glacis ” attached to the German Legation in Peking, admitting
that by the expression “ public properties ” in the First Paragraph of Article 130"
of the Treaty of Versailles the above-mentioned ground was equally included;
And to be prepared to reimburse the Chinese Government the expenses for the
internment of German militaries in the various camps of internment in China.
The undersigned takes this occasion to renew to His Excellency the assurances
of his high consideration.
(Signed) H. von Borch.
Letter from Dr. W. W. Yen, Minister of Foreign Affairs,
to Herr von Borch ■
Your Excellency, May 20th, 1921.
I have the honour to acknowledge the receipt of Your Excellency’s letter of
even date in which it is stated:—
As an explanation to the German Declaration and the Sino-German Agree-
ment I have the honour, at the instruction of my Government, to make the follow-
ing declarations:
(1.) Customs tariff on Chinese goods imported into Germany. The statement
that the import, export and transit duties to be paid by nationals of either of the
Two High Contracting Parties shall not be higher than those paid by nationals of
the country, as provided for in Article 4 of the Agreement, does not preclude China
from the privilege of applying Article 264 of the Versailles Treaty.
Payment of Indemnity
(2.) The payment of indemnity. The statement in the German Declaration
that Germany is prepared to reimburse the Chinese Government the expenses on
the internment of German militaries in various camps of internment in China ia
understood to mean that Germany, in addition to indemnifying China for her losses,
according to the principles of the Versailles Treaty, is also willing to refund to China
the internment expenses. As to the indemnity for war losses, Germany undertakes-
TREATY OF PEACE BETWEEN’ CHINA AND GERMANY" 159
to pay in advance a portion thereof in a lump sum, which represents the equvialent
of one-half of the proceeds from the liquidated German property and one-half of the
values of the sequestrated but not yet liquidated German property, which amount
will eventually be agreed upon and which will consist of $4,000,000 in cash and the
balance in Tsin-Pu and Hu-Kuang railway bonds.
(3.) Chinese property in Germany. The movable and immovable properties of
•Chinese residents of Germany will be returned at the ratification of the agree-
ment.
(4.) Chinese students in Germany will be returned at the ratification of the
agreement.
(5.) Chinese students in Germany. In regard to the Chinese students in Ger-
many the German Government will be pleased to assist them with its best efforts
in securing admission to schools or acquiring practical experience.
Queries Answered
I As to the queries addressed by Tour Excellency, I have the honour to reply as
follows:
(1.) The security to be given in future to the property of Chinese or German
residents. The Chinese Government promises to give full protection to the peaceful
undertkings of Germans in China and agrees not to further sequestrate their pro-
perties except in accordance with the generally recognized principles of international
law and the provisions of the laws of China, provided that the German Government
will treat the Chinese residents in Germany in like manner.
(2.) Judicial guarantee. Lawsuits of Germans in China shall be tried in the
modern courts according to the modern codes, with the right of appeal, and in
accordance with the regular legal procedure. During the period of litigation the
assistance of German lawyers and interpreters, who have been duly recognized by
the court, is permitted.
(3.) In regard to the lawsuits in the Mixed Court in which Germans are in-
volved either as one or both parties, the Chinese Government will in the future try
to find a solution so as to insure justice and fairness to all parties concerned.
(4 ) China’s Trading with the Enemy Act. All the laws and regulations con-
cerning trade with the enemy will lose their effect from the day of the ratification
of the treaty. All German trade-marks which had been registered at the Customs
House will recover their validity if they are registered again, after the ratification of
the Agreement, at the Customs House by their owners. Prior to the general ap-
plication of the national tariff in China, the imports of Germans may pay the
Customs duties according to the tariff rate in general use.
(5.) The liquidation of Sino-German indebtedness. The Chinese Govern-
ment has no intention to join the Clearing House system, as provided for in Article
296 of the Versailles Treaty. Furthermore, the Chinese Government, in considera-
tion of the fact that Germany undertakes, as stated above, to pay a lump sum as a
portion of the indemnity for war losses sustained by the Chinese Government,
agrees to effectually cease, at the signature of the Agreement, all liquidation of Ger-
man properties, and on receipt of the aforesaid indemnity and after the ratification
of the Agreement agrees to return to German owners all the proceeds from the
liquidation of German property and all the German property still under sequestra-
tion. The aforesaid procedure shall be considered as a settlement of all the matters
concerning the liquidation, sequestration or control of German property as stated
in the second sentence of Article 133 of the Versailles Treaty.
As to the Deutsch-Asiatische Bank and the Ching-Hsin Mining Corporation,
the Chinese authorities concerned will discuss methods’ of settlement with the Bank
and the Corporation themselves; the unliquidated premises of the said bank in
Peking and Hankow will, however, be returned to the original owner in accordance
with the procedure stated above.
(Signed) W. W. Yen.
RUSSIA
RTJSSO-CHINESE AGREEMENT
Signed at Peking, on March 14th, 1924
The Union of Soviet Socialist Republics and the Republic of China, desiring-
to re-establish normal relations with each other, have agreed to conclude an agree-
ment of general principles for the settlement of the questions between the two
countries, and have to that end named as their Plenipotentiaries, that is to say:
The Government of the Union of Soviet Socialist Republics: Lov Mikhailovitch
Karakhan; His Excellency the President of the Republic of China: Cheugting
Thomas Wang.
Who, having communicated to each other their respective full powers, found to
be in good and due form, have agreed upon the following Articles:—
Art. I.—Immediately upon the signing of the present Agreement, the normal
diplomatic and consular relations between the two Contracting Parties shall e re-
established.
The Government of the Republic of China agrees to take the necessary steps
to transfer to the Government of the Union of Soviet Socialist Republics the
Legation and Consular buildings formerly belonging to the Tsarist Government.
Art. II. -The Government of the two Contracting Parties agree to hold, within
one month after the signing of the present Agreement, a Conference which shall
conclude and carry out detailed arrangements relative to the questions in accord-
ance with the principles as provided in the following Articles.
Such detailed arrangements shad be completed as soon as possible and, in any
case, not later than six months from the date of the opening of the Conference as
provided in the preceding paragraph.
Art. III.—The Governments of the two Contracting Parties agree to annul
at the Conference as provided in the preceding Article, all Conventions, Treaties,
Agreements, Protocols, Contracts, etcetera, concluded between the Government of
China and the Tsarist Government and to replace them with new treaties, agree-
ments, etcetera, on the basis of equality, reciprocity and justice, as well as the spirit
of the Declarations of the Soviet Government of the years of 1919 and 1920.
Art. IV.—The Government of the Union of Soviet Socialist Republics, in
accordance with its policy and Declarations of 1919 and 1920, declares that all
Treaties, Agreements, etcetera, concluded between the former Tsarist Government
and any third party or parties affecting the sovereign rights or interests of China
are null and void.
The Chinese Government on its part declares that all Treaties, Agreements,
etcetera, concluded between China and any third party or parties affecting the
sovereign rights or interests of the Union of Soviet Socialist Republics are null and'
void.
RUSSO-CHINESE AGREEMENT 161
The Governments of both Contracting Parties declare that in future neither
' J jovernment will conclude any treaties or agreements which prejudice the sovereign
^rights or interests of either Contracting Party.
Art. Y.—The Government of the Union of Soviet Socialist Republics recognizes
Ahat Outer Mongolia is an integral part of the Republic of China and respects
ijjChina’s sovereignty therein.
The Government of the Union of Soviet Socialist Republics declares that as
■isoon as the conditions for the withdrawal of all the troops of the Union of Soviet
'i| Socialist Republics from Outer Mongolia—namely, as to the time-limit of the with-
ijdrawal of such troops and the measures to be adopted in the interests of the safety
of the frontiers—are agreed upon at the Conference as provided in Article TI. of the
present Agreement, it will effect the complete withdrawal of all the troops of the
Union of Soviet Socialist Republics from Outer Mongolia.
Art. YI.—The Governments of the two Contracting Parties mutually pledge
themselves not to permit, within their respective territories the existence and/or
activities of any organisations or groups whose aim is to struggle by acts of violence
against the Governments of either Contracting Party.
The Governments of the two Contracting Parties further pledge themselves not
to engage in propaganda directed against the political and social systems of either
Contracting Party.
Art. VII.—The Governments of the two Contracting Parties agree to redemar-
cate their national boundaries at the Conference as provided in Article II. of the
present Agreement, and pending such redemarcation, to maintain the present
boundaries.
Art. VIII. —The Governments of the two Contracting Parties agree to regulate
at the afore-mentioned Conference the questions relating to the navigation of rivers,
lakes, and other bodies of water which are common to their respective frontiers on
the basis of equality and reciprocity.
Art. IX.—The Governments of the two Contracting Parties agree to settle at
the afore-mentioned Conference the question of the Chinese Eastern Railway in con-
formity with the principles as hereinafter provided :—
(1) The Governments of the two Contracting Parties declare that the
Chinese Eastern Railway is a purely commercial enterprise.
The Governments of the two Contracting Parties mutually declare that
with the exception of matters pertaining to the business operations which are
under the direct control of the Chinese Eastern Railway, all other matters
affecting the rights of the National and the Local Governments of the Republic
of China—such as judicial matters, matters relating to civil administration,
military administration, police, municipal government, taxation, and landed
property (with the exception of lands required by the said railway)—shall be
administered by the Chinese Authorities.
(2) The Government of the Union of Soviet Socialist Republics agrees to
the redemption by the Government of the Republic of China, with Chinese
capita], of the Chinese Eastern Railway, as well as all appurtenant properties,
and to the transfer to China of all shares and bonds of the said Railway.
(3) The Governments of the two Contracting Parties shall settle at the
Conference as provided in Article II. of the present Agreement the amount
and conditions governing the redemption as well as the procedure for the
transfer of the Chinese Eastern Railway.
(4) The Government of the Union of Soviet Socialist Republics agrees to be
responsible for the entire claims of the shareholders, bondholders and creditors
of the Chinese Eastern Railway incurred prior to the Revolution of March 9th,
1917.
G
RUSSO-CHINESE AGREEMENT
(5) The Governments of the two Contracting Parties mutually agree
that the future of the Chinese Eastern Riilway shall be determined by the
Union of Soviet Socialist Republics and the Republic of China, to the exclusion
of any third party or parties.
(6) The Governments of the two Contracting Parties agree to draw up
an arrangement for the provisional management of the Chinese Eastern
Railway pending the settlement of the questions as provided under Section (3)
of the present Article.
(7) Until the various questions relating to the Chinese Eastern Railway are
settled at the Conference as provided in Article II. of the present Agreement,
the rights of the two Governments arising out of the Contract of August 27th
and September 8th, 1896, for the construction and operation of the Chinese
Eastern Railway, which do not conflict with the present Agreement and the
Agreement for the provisional management of the said railway and which do
not prejudice China’s right of sovereignty, shall be maintained.
Art. X.—The Government of the Union of Soviet Socialist Republics agrees to
renounce the special rights and privileges relating to all Concessions in any 'part of
China acquired by the Ts irist Government under various Conventions, Treaties,
Agreements, etcetera.
Art. XI.—The Government of the Union of Soviet Socialist Republics agrees
to renounce the Russian portion of the Boxer Indemnity.
Art. XII.—The Government of the Union of Soviet Socialist Republics agrees
to relinquish the rights of extraterritoriality and Consular jurisdiction.
Art. XIII.—The Governments of the two Contracting Parties, agree to draw up
simultaneously with the conclusion of a Commercial Treaty at the Conference, as
provided in Article II. of the present Agreement, a Customs Tariff for the two
Contracting Parties in accordance with the principles of equality and reciprocity.
Art. XIV.—The Governments of the two Contracting Parties agree to discuss
at the afore-mentioned Conference the questions relating to the claims for the com-
pensation of losses.
Art. XV.—The present Agreement shall come into effect from the date of
signature.
In witness whereof, the respective Plenipotentiaries have signed the present
Agreement in duplicate in the English language and have affixed thereto their seals.
Done at the City of Peking this fourteenth day of March, One Thousand Nine
Hundred and Twenty-four.
(Signed) Lov Mikhailovitch Kabakhan.
Chingting Thomas Wang.
THE ATY OF ANNEXATION TO JAPAN
Concluded 29th August, 1910
DEOLAKATION
Notwithstanding the earnest and laborious work of reforms in the adminis-
tration of Korea in which the Government of Japan and Korea have been engaged for
more than four years since the conclusion of the agreement of. 1905, the existing
system of Government in that country has not proved entirely equal to the duty
of preserving public order and tranquillity, and in addition a spirit of suspicion and
misgiving dominates the whole peninsula. In order to maintain peace and stability
in Korea, to promote the prosperity and welfare of Koreans and at the same time to
ensure the safety and repose of foreign residents, it has been made abundantly
clear that fundamental changes in the actual regime of Government are absolutely
essential. The Government of Japan and Korea being convinced of the urgent
necessity of introducing reforms respective to the requirements of the situation and
of furnishing sufficient guarantees for the future, have, with the approval of His
Majesty the Emperor of Korea, concluded through their respective Plenipotentiaries
a Treaty providing for the complete annexation of Korea to the Empire of Japan.
By virtue of that important act, which shall take effect on its promulgation, the
Imperial Government of Japan undertake the entire government and administration
of Korea, and they hereby declare that the matters relating to foreigners and foreign
trade in Korea shall be conducted in accordance with the following rules:—
1. —The Treaties hitherto concluded by Korea with Foreign Powers ceas
operative, Japan’s existing treaties will, so far as practicable, be applied in Korea.
Foreigners resident in Korea will, as far as conditions permit, enjoy the same rights
and immunities as in Japan proper and the protection of their legally acquired
rights, subject in all cases to the jurisdiction of Japan. The Imperial Government
of Japan are ready to consent that the jurisdiction in respect of cases actually pend-
ing in any foreign Consular Courts in Korea at the time the Treaty of Annexation
takes effect shall remain in such Courts until final decision.
2. —Independently of any conventional engagements formerly existing
subject, the Imperial Government of Japan will for a period of ten years levy upon
goods imported into Korea from foreign countries or exported from Korea to foreign
countries and upon foreign vessels entering any of the open ports of Korea the same
import or export duties and the same tonnage dues as under the existing schedules.
The same import or export duties and tonnage dues as those to be levied upon the
aforesaid goods and vessels will also for a period of ten years be applied in respect
of goods imported into Korea from Japan or exported from Korea to Japan and
Japanese vessels.
3. —The Imperial Government of Japan will also permit for a perio
years vessels under the flags of Powers having treaties with Japan to engage in the
coasting trade between the open ports of Korea and between those ports and any
open ports of Japan.
164 . TREATY OP ANNEXATION TO JAPAN
4*.—The existing open ports of Korea, with the exception of Masampo, will be
continued as open ports, and in addition Shinwiju will be newly opened, so that
vessels, foreign as well as Japanese, will there be admitted and goods may be im-
ported into and exported from those ports.
Treaty
His Majesty the Emperor of Japan and His Majesty the Emperor of Korea,
having in view the special and close relations between their respective countries,
desiring to promote the common weal of the two nations and to assure permanent
peace in the Extreme East, being convinced that these objects can be best attained
by the annexation of Korea to the Empire of Japan, have resolved to conclude a
treaty of such annexation and have for that purpose appointed as their plenipoten-
tiaries, that is to say: His Majesty the Emperor of Japan, Yiscount Masakata
Terauchi, His Resident General; and His Majesty the Emperor of Korea, Ye Wan
Yong,His Minister President of State, who, upon mutual conference and deliberation,
have agreed to the following Articles
I. —His Majesty the Emperor of Korea makes complete
to His Majesty the Emperor of Japan of all rights of sovereignty over the whole
of Korea.
II. —His Majesty the Emperor of Japan accepts the con
preceding Article and consents to the complete annexation of Korea to the Empire
of Japan.
HI.—His Majesty the Emperor of Japan will accord to their Majesties the
Emperor and Ex-Emperor and His Imperial Highness the Crown Prince of Korea
and their consorts and heirs such titles, dignity and honour as are appropriate to
their respective ranks, and sufficient annual grants will be made for the maintenance
of such titles, dignity and honour.
IV. —His Majesty the Emperor of Japan will also accor
treatment to the members of the Imperial House of Korea and their heirs other than
those mentioned in the preceding Articles, and the funds necessary for the mainten-
ance of such honour and treatment will be granted.
V. —His Majesty the Emperor of Japan will confer
grants upon those Koreans who on account of meritorious services are regarded as
deserving such special recognition.
VT.—In consequence of the aforesaid annexation the Government of Japan as-
sume the entire government and administration of Korea and undertake to afford full
protection for the persons and property of Koreans obeying the laws there in force
and to promote the welfare of all such Koreans.
VII. —The Government of Japan will, so far as circu
the public service of Japan in Korea those Koreans who accept the new r'egime loyally
and in good faith and who are duly qualified for such service.
VIII. —The Treaty, having been approved by His M
and His Majesty the Emperor or Korea, shall take effect from the date of its
promulgation.
REGULATIONS UNDER WHICH BRITISH TRADE IS
TO BE CONDUCTED IN KOREA (CHOSEN)
I.—Entrance and Clearance of Vessels
1. —Within forty-eight hours (exclusive of Sundays and holiday
-arrival of a British ship in a Korean port, the master shall deliver to the Korean
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 ai’e 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 w
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 Korean C
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
(exclusive of Sundays and holidays) and does not open her hatches, also any vessel
driven into port by stress of weather, or only in want of supplies, shall not be required
to enter or pay tonnage dues so long as such vessel does not engage in trade.
5. —When the master of a vessel wishes to clear, he shall hand in to
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
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 the
required to hand in a manifest except for such goods as are to be landed or transhipped
at the port of entry.
REGULATIONS FOR BRITISH TRADE WITH KOREA
II.—Landing and Shipping Cargo and Payment of Duties
1. —The importer of any poods who desires to land them sha
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
merchandise. 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
appointed for the purpose. Such examination shall be made without delay or injury
to the merchandise, and the packages shall be at once re-sorted by the Customs
authorities to their original condition, in so far as may be practicable.
3. —Should the Customs authorities consider the value of an
ad valorem duty as declared by the importer or exporter insufficient, they shall call
upon him to pay duty on the value determined by an appraisement to be made by the
Customs appraiser. But should the importer or exporter be dissatisfied with that
appraisement, he shall within twenty-four hours (exclusive of Sundays and holidays)
state his reasons for such dissatisfaction to the Commissioner of Customs, and shall
appoint an appraiser of his own to make a re-appraisement. He shall then declare
the value of the goods as determined by such re-appraisement. The Commissioner
of Customs will thereupon, at his option, either assess the duty on the value deter-
mined by this re-appraisement, or will purchase the goods from the importer or
exporter at the price thus determined, with the addition of five per cent. In the
latter case the purchase money shall be paid to the importer or exporter within five
days from the date on which he has declared the value determined by his own
appraiser.
4. —Upon all goods damaged on the voyage of importation
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 th
house before they are shipped. The application to ship shall he made in writing, and
shall state the name of the vessel by which the goods are to be exported, the marks
and number of the packages, and the quantity, descriofion, and value of the contents.
The exporter shall certify in writing that the application gives a true account of all
the goods contained therein, and shall sign his name thereto.
6. —No goods shall be landed or shipped at other places than t
Korean 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 bo
entitled to reasonable fees for the extra duty thus performed.
7. —Claims by importers or exporters for dut ies paid in excess, o
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 th
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 purp
payment of duty. All goods so landed shall remain oi charge of (he Korean Autho-
rities, and all just charges for storage, labour, an 1 supervision shall lie 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.
REGULATIONS FOR BRITISH TRADE WITH KOREA
10.—Any person desiring to tranship cargo shall obtain a permit from the Customs
horities before doing so.
III.—Protection of the Revenue
| 1.—The Customs authorities shall have the right to place Customs officers on
ooard any British merchant vessel in their ports. All such Customs officers shall have
waccess to all parts of the ship in which cargo is stowed. They shall be treated with
rjfcivility, and such reasonable accommodation shall be allowed to them as the ship affords.
I 2.—The hatches and all other places of entrance into that part of the ship where
idcargo is stowed may be secured by the Korean Customs officers between the hours of
'usunset and sunrise, and on Sundays and holidays, by affixing seals, locks, or other
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 Korean 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 package containing goods different from those described
in the import or export permit appslication, 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
the revenue of Korea shall be liable to a fine not exceeding Two Hundred Mexican
Dollars.
5. —Any violation of any provision of these Regulations, to which no p
specially attached therein, may be punished by a fine uot exceeding One Hundred
Mexican Dollars.
Note.—All documents required by these Regulations, and all other communications
addressed to the Korean Customs authorities, may be written in the English language.
[L.S.] Hakry S. Parkes.
Min Yong-mok.
KOREAN TARIFF
The Import Tariff has been indentical with that of Japan proper since August
2yth, 1920, except as regards the table given below.
The Export Tariff, also, is indentical with that of Japan proper, that is to say,,
goods are exported free.
IMPORTS
Rate or Duty.
Horses (living) .
Sheep (living) .
Obtained by spontaneous evaporation
(un ground) 100 kin 0.10
ad val 30%
Mineral Oils coming under B 2, No. 112,
Import Tariff annexed to the Customs
Tariff Law 10 American gallons
Coke Fret;
Wood coming under F and J, 1, No. 612,
Import Tariff annexed to the Customs
Tariff Law
TREATIES WITH JAPAN
GREAT BRITAIN
TREATY OE COMMERCE AND NAVIGATION BETWEEN
GREAT BRITAIN AND JAPAN
Signed at London, 16th July, 1894
Ratifications Exchanged at Tolcyo, 25th August, 1894
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland,
BEmpress 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 Eight Honourable John, Earl of Kimberley, Knight of the
Most Noble Order of the Garter, etc., etc., 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
persnos and property.
They shall have free and easy access to the Courts of Justice in pursuit and
defence of their rights; they shall be at liberty equally with native subjects to
choose and employ lawyers, advocates, and representatives to pursue and defend
their rights before such Courts, and in all other matters connected with the
administration of justice they shall enjoy all the rights and privileges enjoyed by
native subjects.
In whatever relates to rights of residence and travel; to the possession of goods
and effects of any kind; to the succession to personal estate, by will or otherwise,
and the disposal of property of any sort in any manner whatsoever which they may
lawfully acquire, the subjects of each contracting party shall enjoy in the dominions
and possessions of the other the same privileges, 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 Laws, Ordinances, and Eegulations, shall
canjoy 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 high than those that are, or may be, paid by native subjects, or
subjects or citizens of most favoured nation.
170 TKEA.TY BETWEEN GREAT BRITAIN AND JAPAN
Article II.—The subjects of either of the contracting parties residing in the
dominions and possessions of the other shall be exempted from all compulsory
military service whatsoever, whether in the army, navy, national guards, or militia,
from all contributions imposed in lieu of personal service; and from all forced loan
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 partnership 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 possessions
of the other, and all premises appertaining thereto destined for purposes of residence
or commerce, shall be respected.
It shall not be allowable to proceed to make a search of, or a domiciliary visit to,
such dwellings and premises, or to examine or inspect books, papers, or accounts
except under the conditions and with the forms prescribed by the Laws, Ordinances,
and Regulations for subjects of the country.
Article V.—No other or higher duties shall be imposed on the importation into
the dominions and possessions of Her Britannic Majesty of any article, the produce
or manufacture of dominions and possessions of His Majesty the Emperor of Japan,
from whatever place arriving; and no other or higher duties shall be imposed on the
importation into the dominions and possessions of His Majesty the Emperor of
Japan of any article, the produce or manufacture of the dominions and possessions
of Her Britannic Majesty, from whatever place arriving than on the like article
produced or manufactured in any other foreign country; nor shall any prohibition
be maintained or imposed on the importation of any article, the produce or
manufacture of the dominions and possessions of either of the high contracting
parties, into the dominions and possessions of the other, from whatever place
arriving, which shall not equally extend to the importation of the like article, being
the produce 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
1
TREATY BETWEEN GREAT BRITAIN AND JAPAN 171
n 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.
Article VIII.—All articles which are or may be legally imported into the ports
bof the dominions and possessions of His Majesty the Emperor of Japan in Japanese
d vessels may likewise be imported into those ports in British vessels, without being
as liable to any other or higher duties or charges of whatever denomination than if such
a articles were imported in Japanese vessels; and, reciprocally, all articles which are or
y may be legally imported into the ports of the dominions and possessions of Her
if? Britannic Majesty in British vessels may likewise be imported into those ports in
Japanese vesssels, without being liable to any other or higher duties or charges of
I whatever denomination than if such articles were imported in British vessels. Such
9j reciprocal equality of treatment shall take effect without distinction, whether such
articles come directly from the place of origin or from any other places.
I In the same manner there shall be perfect equality of treatment in regard to
exportation, so that the same export duties shall be paid and the same bounties and
drawbacks allowed in the dominions and possessions of either of the high contract-
ing parties on the exportation of any article which is or may be legally exported
therefrom, whether such exportation shall take place in Japanese or in British
vessels, and whatever may be the place of destination, whether a port of either of
the contracting parties or of any third Power.
Article IX.—No duties of tonnage, harbour, pilotage, lighthouse, quarantine,
or other similar or corresponding duties of whatever nature or under whatever
denomination, levied in the name or for the profits of the Government, public
functionaries, private individuals, corporations, or establishments of any kind, shall
be imposed in the ports of the dominions and possessions of either country upon the
vessels of the other country which shall not equally and under the same conditions
be imposed in the like cases on national vessels in general, or vessels of the most
favoured nation. Such equality of treatment shall apply reciprocally to the
respective vessels, from whatever port or place they may arrive, and whatever may
be their place of destination.
Article X.—In all that regards the stationing, loading, and unloading of vessels
in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and
possessions of the two countries, no privilege shall be granted to national vessels
which shall not be equally granted to vessels of the other country ; the intention of
the high contracting parties being that in this respect also the respective vessels
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.
172 TREATY BETWEEN GREAT BRITAIN AND JAPAN
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
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
shoi’e 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 from the wreck shall be exempt from all the
duties of Customs unless cleared for consumption, in which case they shall pay the
ordinary duties.
When a ship or vessel belonging to the subjects of one of the contracting
parties is stranded or wrecked in the territories of the other, the respective Consuls-
General, Consuls, Vice-Consuls, and Consular Agents shall be authorized, in case
the owner or master, or other agent of the owner, is not present, to lend their official
assistance in order to afford the necessary assistance to the subjects of the respective
States. The same rule shall apply in case the owner, master, or other agent is
present, but requires such assistance to be given.
Article XIII.—All vessels which, according to Japanese law, are to be deemed
Japanese vessels, and all vessels which, according to British law, are to be deemed
British vessels, shall, for the purposes of this Treaty, be 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.
TREATY BETWEEN GREAT BRITAIN AND JAPAN 173
Article X'YI.—Each of the high contracting parties may appoint Consuls-
rJSeneral, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents in all the ports,
j'tiiities, and places of the other, except in those where it may not he'convenient to
• Recognize such officers.
This exception, however, shall not be made in regard to one of the contracting
.'i/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.
I Article XVII.—The subjects of each of the high contracting parties shall
J enjoy in the dominions and possessions of the other the same protection as native
fi subjects in regard to patents, trade marks, and designs, upon fulfilment of the
3if formalities prescribed by law.
I * 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
if respective Japanese Communes, and shall thenceforth form part of the general
r municipal system of Japan.
The competent Japanese authorities shall thereupon assume all municipal obliga-
B tions and duties in respect thereof, and the common funds and property, if any, be-
ll longing 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 J apanese 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. South Australia. Queensland. New South Wales.
The Cape. fThe Dominion of Canada. Western Australia. Tasmania.
Victoria. Natal. Newfoundland. 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.
Great* Owing
clause Britain,
with
to France
serious and
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The
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Legalnamed astoArbitrator M. Louisof Renault,
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Motono,
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virtue of the leases mentioned
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question.” Mr. orMotono
conditions
recorded his otherdisagreement
entire than those expressly
with the decision.
this tTreaty
On January 31st,to1906,
applicable an agreement
the Dominion was signed in Tokyo making the Stipulations of
of Canada.
174 TREATY BETWEEN GREAT BRITAIN ANT) JAPAN
Article XX.—The present Treaty shall, from the date it comes into force, be
substituted in place of the Conventions respectively of the 23rd day of the 8th
month of the 7th year of Kayai, corresponding to the 14th day of October, 1854,
and of the 13th day of the 5th month of the 2nd year of Keiou, corresponding to
the 25th day of June, 1866, the Treaty of the 18th day of the 7th month of the 5th '
year of Ansei, corresponding to. the 26th day of 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 f
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.
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 then six months from
the present date.
In witness whereof the respective Plenipotentiaries have signed the same and
have affixed thereto the seal of their arms.
Done at London, in duplicate, this sixteenth day of the seventh month of the
twenty-seventh year of Meiji.
[L.S.] Kimbeelev.
„ Aoki.
Protocol
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 Y. 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. But
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.
SUPPLEMENTARY CONVENTION BETWEEN GREAT BRITAIN AND JAPAN 175
The ad valorem duties established by the said Tariff shall, so far as may be
led practicable, be converted into specific duties by a supplementary Convention,
ilrhich shall be concluded between the two Governments within six months from the
'JaM-te of this Protocol; the medium prices, as shown by the Japanese Customs
yReturns during the six calendar months preceding the date of the present Protocol,
yvrith the addition of the cost of insurance and transportation from the place of
jipurchase, production or fabrication, to the port of discharge, as well as commission,
Jif 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
i for the said Tariff to take effect, ad valorem duties in conformity with the rule
J'S recited at the end of the said Tariff shall, in the meantime, be levied.
J In respect of articles not enumerated in the said Tariff, the General Statutory
I Tariff of Japan for the time being in force shall, from the same time, apply, subject,
ai as aforesaid, to the provisions of Article XXIII. of the Treaty of 1858 and Articles
tl V. and XV. of the Treaty signed this day, respectively.
J Prom the date the Tariffs aforesaid take effect, the Import tariff now in opera-
rjf 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
a 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 countr
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 Kepresentative 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 twelvemonths, 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 Buies and Begulations
governing British subjects who visit the interior of the Empire are to be maintained.
3. —The Japanese Government undertakes, before the cessation
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 tha
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.] Kimberley. [l*s*] Akoi.
[In place of the Tariff above referred to are given in the following pages the Tariff
officially promulgated in 1906, which embodies all the changes effected by Treaties urith
other Powers.']
DRAFT CUSTOMS TARIFF LAW
Article I.—Customs duties shall be imposed according to the annexed Tariff
upon articles imported from foreign countries.
Article II.—Duty upon an article subject to ad valorem duty shall be levied
according to the value thereof at the time of its arrival at the port of importation.
Article III.—With regard to those articles in respect of which it is found
advisable to convert the ad valorem duties into specific duties, such conversion may
be made by Imperial Ordinance on the basis of the average values for a period of not
less than six months.
Articles enumerated in the annexed Tariff may be further classified or their
gross weight may be taken, in determining the rates of the specific duties mentioned
in the preceding paragraph.
Article IY.—With regard to articles, the produce or manufacture of the regions
which do not enjoy the benefit of special conventional arrangements, a benefit not
exceeding the limits provided for in those arrangements may, by Imperial Ordinance
designating the regions and articles, be extended to such articles, if necessary.
Article V.—With respect to articles, the produce or manufacture of a country
in which vessels, or produce or manufacture of Japan are subjected to less favourable
treatment than those of other countries, the articles of such country may be
designated by Imperial Ordinance, which shall be liable to Customs duties not
exceeding in amount the value of such articles in addition to the duties prescribed in
the annexed Tariff.
Article VI.—In respect of articles on which an export bounty is granted in
foreign countries, a Customs duty of the same amount as the said bounty may be
imposed by Imperial Ordinance in addition to the duty prescribed in the annexed
Tariff.
Article VII.—The following articles are exempted from import duty:—
1. —-Articles for the use of the Imperial Household.
2. —Articles belonging to chiefs of foreign States, their fam
visiting Japan.
3. —Arms, ammunition, and explosives imported by the Army
4. —Mineral oils, imported for use as fuel by the Army or
specific gravity exceeding 0.875 at 15 degrees Centigrade.
5. —Warships.
6. —Articles lor personal use of foreign Ambassadors and M
to Japan and articles for official use of foreign Embassies and Legations in Japan.
7. —Articles for personal use of the members of the Embassies
Japan of those countries which exempt from Customs duty the articles for personal
use of the members of the Japanese Embassies and Legations in such countries and
articles for official use of the Consulates in Japan of those countries which exempt
from Customs duty the articles for official use of the Japanese Consulates in such
countries.
8. —Orders, decorations, medals, and badges conferred upon p
this country.
9. —Records, documents and others papers.
10. —Articles imported as specimens or objects of referen
exhibited in Government or public schools, museums, commercial museums, and
other institutions.
11. —Articles contributed for the purpose of charity or relief
12. —Government monopoly articles imported by the Govern
13. —Samples of merchandise which are only fit to be used a
14. —Travellers’ effects, and tools and instruments of profe
travellers, in so far as they correspond to the social status of such travellers and are
recognised as reasonable by the Customs.
15. —Articles sent back by Japanese military or naval forces an
16. —Effects of persons changing their residences provided th
already been used.
DRAFT CUSTOMS TARIFF LAW 177
17.—Exported articles which are re-imported within five years without any
' dchange in the character and form as at the time of exportation, excepting, however,
►ojtalcohol, alcoholic liquors, sugar, and articles which were exempted from import duty
K'Or granted a drawback thereof under Art. VIII. or Art. IX.;
f 18.—Eeceptacles of exported goods designated by ordinance when such re-
« «-ceptacles
1 are re-imported ;
19.—Fish, shell-fish, mollusca, sea-animals, seaweeds, and other aquatic
products caught or gathered by vessels which set out for the purpose from Japan,
f.&nd their manufactures of simple process, provided that they are imported by the
same vessels or vessels attached thereto ;
20.—Articles for ship’s use delivered in open ports to warships and vessels
>fl bound for foreign countries;
I 21.—Wreckages and equipments of shipwrecked Japanese vessels ;
22. —Exported goods shipped by vessels which cleared Japan
a brought back on account of the shipwreck of such vessels ;
23. —Horses, cattle, swine, sheep, and poultry, for breeding impor
and prefectures, and horses and cattle for breeding imported by associations of
horse or cattle breeding.
(Article VIII.—The following articles are exempted from import duty if they are
to be re-exported within one year from the date of importation, provided that
security corresponding in amount to the duty is deposited at the time of im-
portation :—
1.—Articles imported for the purpose of having work done thereon, which are
designated by ordinance;
2.—Receptacles of imported goods, designated by ordinance;
3.—Articles imported for repair ;
4.—Articles imported for the purpose of scientific research ;
5.—Articles imported as articles for trial;
6.—Samples imported for the purpose of collecting orders ;
7.—Articles imported for use in theatrical and other performances.
Article IX.—When articles designated by ordinance have been manufactured
■with imported raw materials and are exported to foreign countries, the whole or part
of the import duty on such materials may be'refunded in a manner to be determined
‘"by ordinance.
When manures designated by ordinance have been manufactured with imported
raw materials, the whole or part of the duty on such materials may be refunded in a
manner to be determined by ordinance.
Any person who obtains or attempts to obtain fraudulently or illegally the
refundment mentioned in the preceding two paragraphs shall be dealt with accord-
ing to the provision of Art. LXXV. of the Customs Duties Law.
Article X.—Imported manufactured articles which are furnished or fitted up in
•a vessel which is constructed in Japan are exempted from import duty if they are
exported together with such vessel within two years from the date of importation
provided that security corresponding in amount to the duty is deposited at the time
of importation.
Article XI.—The importation of the articles specified hereunder is prohibited :—
1.—Opium and utensils for smoking opium, excepting those imported by the
-Government;
2.—Counterfeit, altered, or imitation coins, paper money, bank notes, and
negotiable papers;
3.'—Books, pictures, carvings, and other articles injurious to public security or
morals;
4.—Articles which infringe rights in patents, utility models, designs, and trade-
marks and copyrights.
Supplementary Article
Article XII.—The date at which the present Law will be put in operation shall
’be determined by Imperial Ordinance.
CUSTOMS TARIFF OF JAPAN
(For Import Duties on Luxuries and Similar Articles, Promulgated
July 1st, 1924, See pages 218-221)
(For New Conventional Tariff See Pages 230-232)
Group I.—Plants and Animals (Living).
Plants,
grafting twigs, stems, stalks and roots (for planting or
Fungi
1. A.Yeast.for culture:
Pressed 100 kins 2.60
2.3. B.Saccharifying
Other
Other fungi, known as “Koji” ad val. free
20%
free
Horses
Bulls, oxen and cows ; 5%„
103.00
Sheep Per head
Goats
Swine ad val. 2.30
Poultry
Fish, shellfish and mollusca:
1,2. Fry
Otherand roes
Bees
All other live animals
Group II.—Grains, Flours, Starches and Seeds.
Eice
Barley and paddy 0.64
0.42
Pearl
Malt barley... 4.00
Wheat
Oats
Millet,
Millet, commonItalian or(Panicum
German miliaceum)
Indian
Beans corn
andbeans
pease; ,
2.3.1. Soja
Eed or white beans, small (Phaseolus suhtrilobata) 0.60
0.50
Beans beans,
4.5. Green (Vice faba)
small ...
(Phaseolus radiatus) 0.40
Pease
6. A.Ground (Pisum
nuts: sativum)
Unshelled
B.Other
Other , 0.96
7. , 0.45
Flours, mealsflour
or groats of grains and starches:
2.3.1. Wheat
Oatmeal
Corn meal ,
4.5. Tapioca
Sago and manioca
6. Other , 1.00
Seeds of Perilla ocvmoides ... 0.86
0.65
Eape
Linseedseed Seed 0.65
Cotton
Ivory nuts 0.10
free
Cocoa
All other nutsgrains and seeds... 0.70*
15%
CUSTOMS TAK1FF OF JAPAN
Rate of Duty.
Group III.—Beverages, Comestibles and Tobacco. Ten.
Vegetables,
1. Preserved fruitswithandsugar,
nuts:molasses, syrup or honey (in-
cluding receptacles) 12.70
2. A.—Vegetables:
Other:
7.90
2.1. Preserved
„ in„ tin bottle including„receptacles 7.60
1.95
4. Other , jar 30%
B.C. Other
Dried
B.-Other;
1.2. Preserved tin ... ... including receptacles 100 kins 7.25
„ in„ bottle 8.50
3. A „Fresh „fruits jar
B.C. Dried 6.90
7.85
Nuts
D. Other ad val. 30%
Tea:
1.2. Black 100 kins 22.60
3. Other „ tea dust tea... ... ... ... 6.80
6.00
Mate and other tea substitutes... ad val. 45%
3483 Coffee:
1.2. Other
In the bean 100 kim? 15.10
ad val. 25.10
45%
3536 Chicory
Cocoa and other coffee substitutes
In(not
1. Other
2. the sugared):
bean ... including receptacles
100 kins 436.00
00
37 Pepper:
1.2. Other
In the seed 9.35
including receptacles 11.70
Curry : powder
1, InOther including receptacles 21.10
2. ad val. 40%
Mustard: 100 kins 8.35
40 2.1, InOther
Sugar:
powder including receptacles ad val. 40%
1.2. Under No. 11 Dutch standard 100 kins 2.50
3.10
Under No. No. 211518 Dutch
Dutch standard 3.35
4.3.5. Under
Under
Other No. Dutch standard...
standard 4.25
4.65
Rock candy sugar, cube sugar, loaf sugar, and similar sugar 7.40
4241 Molasses:
1. Containing not
2. calculated
Other ... as... cane sugar 60% by weight of sugar...
more than 1,30
2.50
Grape sugar, malt sugar and “ Ame”including receptacles
Honey 13.65
7.20
Confectioneries
Jams, fruit(notjelliesandandcakes the like „„ 32.00
17.50
Biscuits
Macaroni, sugared) „ 13.30
7.90
Fruit juicesvermicelliand syrups: and the like
1. Fruit-juices In bottle(sugared)
A.B. Other or tin and syrups: including receptacles 15.30
10.70
180 CUSTOMS TARIFF OF JAPAN
No. Articles. Unit. Rate of Duty.
2. Other ... including receptacles 100 kins Yen.
11.00
50 Sauces:
1.2. Other
In cask ...... . including receptacles 8.25
31.00
51 Vinegar 13.90
Note.—Vinegar
acetic acid containing
100 cubicmore than 10 atgrammes
15°of 3C. yenofis
subject
per 100 anin additional
tolitres (3.33d.
centimetres
duty
per at the forrateevery
gallon) ad-
ditional one gramme of acetic acid.
62 Meats,
1. Fresh: poultry, game, fish, shellfish and mollusca:
A.B. Mutton
Beef ... ... 3.80
C. Otherin tin, bottle or jar: 6.00
30%
2. Preserved
A.B. Meats, poultry and
and game ...
Fish, shellfish 35 „
a.b. Sardines
Other in oil mollusca : 4040 „„
3. Other: A.B. Sausages
Ham andmeats bacon 17.00
16,20
D.C. Salted
Salted
o.b. Tail whale
meat meat.„ ... ... ... ... 5.65-
Other 3.60
1.90
E.F. Other
Salted fish 2.00
63 Butter, artificial butter and ghee ad val.
100 kins
Cheese
655456 Condensed
Infant foodsmilk including „receptacles
5758 Meat
Peptone, extract somatose, hemoglobin and similar tonic„ foods 72.50
6960 Eggs, fresh 35%
6.00
Mineral
taining sugar soda
waters, water and similar beverages, not con-
or alcohol
61 Sake 16.00'
17.00
Chinese
Beer, ale,ofliquors, fermented
€36264 Wines allporter
kinds;and stout 17.00
12,00
1,2. InIn other
bottle receptacles:
A. Containing not more than 14% by volume of
а. pure alcohol:
Containing
calculated not more thansugar 1 gramme
in 100of sugar
б. centimetres asat 15°grape
Other C cubic
12.00
B. Other ... 20.00
30.00
Note.—Those containing
sugar calculated meresugar
asaregrape than in20100grammes cen-of
cubic duty
timetres
atgallon) at 15° C.
the forrateevery subject
of 25additional to an additional
sen per one100gramme
litres of(0.28d.
sugar.per
65 Champagne and other sparkling wines 100.00'
CUSTOMS TARIFF OF JAPAN 181
Alcoholic liquors,not
1. Containing not otherwise providedby for:
alcohol
15° C which more
has athanspecific7% gravity
volume of pureat
of 0.7947
2. Other:
A.B. InIn bottle 110.00
other receptacles 60.00
Note.—Those containing
pure15°alcohol which hasmore than 50%gravity
aanspecific by volume of
of at0.7947
atrate C. are subject to additional duty the
everyofadditional
1 yen per 1%100oflitres
pure (l.lld,
alcohol.per gallon) for
Beverages
Sugaredand comestibles, not otherwise provided for:
2.1. Other
Tobacco:
... 4060 %.
1.2. Cigars, cigarettes
Chewing tobacco and cut tobacco 1 kin 3552.23-„
4.3. Snuff
Other ad val. 355%6.17
Group IY,—Skins, Hairs, Bones, Horns, Teeth,
Tusks, Shells, 3fc.
Furs:
1.2. OfOther sbeep and goats 100 kins 9.40
Fur manufactures, not otherwise provided for ad val. 40%
50 „
Hide
1.2. Of andbulls,
skins,oxen,
animal,
cowsraw:
and buffaloes
Of deer
4.5.3. Of
Waste
Other
red deer (Cervus Elaphus) 1.25
free
Leather: 5%
1. A.Of Lacquered,
bulls, oxen,japanned
cows, buffaloes, horses, sheep and goats
or enamelled
B.C. Other:
Dyed or coloured (excluding roller leather)
I. а.OfSole
bulls,leather
oxen, cows, buffaloes and horses: 100 kins 15.20
б. Tanned hide, known as ‘‘Indian hlood leather”., 9.50
20%
II.c.a.OfOther
sheepleather
Roller and goats; ad val.
100 kins
h. Other
3.4.2. OfOf chamois (including imitation chamois leather) ..
swine
A,B.OfOther
alligators:
Each Aveighing not more than 150 grammes 207.00
113.00
5.6. Of lizards 394.00
9.20-
7. WasteOther of leather, not otherwise provided for:
Manufactures ad val. 20%
1.2. Belts, 37.20
Sweat belting,
leathersandforhoses,
hatsfor(including
machinerythose made of 100 kins
88.80-
imitation leather)
CUSTOMS TARIFF OF JAPAN
3. Other:
A. Combined with precious precious
metals, metals
with precious
precious stones,metals, stones, coated
pearls, corals, elephant’s semi-
ivory,
or
B.animal, tortoise-shells
Othernot otherwise provided for 4050%„
Hairs,
Feathers and downs:
1.2. Other
For ornament 40%
20 „
Bird’s skins with feathersor bird’s skins with feathers, not... free
Manufactures
otherwise of feathers
provided for
Quill
Bones,bristles
animal, excluding those for medicinal use
Tusks, animal
Manufactures of animal
1. Of
2. Other elephant’s ivory tusks, not otherwise provided for: 30%
40 „
Animal horns, excluding those for medicinal use free
Hoofs,
Sinews, animal
animal ......
Bladders
Shells of mollusea i 10%
free
Tortoise-shells:
1. Shells of hawkbill:
A.B, Other
Dorsal and marginal shells
2. Shells“Wako”; of loggerhead or of green turtle known as
A.B. Marginal
Dorsal shells 5,36
1.30
C. Other shells
3.4. Waste
,.. 16.70
7.96
Other
Tortoise-shell manufactures, not otherwise provided for 10%
5040 „„
Corals
Coral
Pearlsmanufactures, not otherwise provided for
Prepared
2. Other
Skin, hair, bones,
provided horns, teeth, tusks,
for ("excluding shells, not otherwise 10%
Manufactures
not otherwiseofprovided skin, hair,forthose
bone,forhorn,
medicinal
teeth,use)
tusk, shell, 40 „
Group V.—Otis, Fats, Waxes and Manufactures thereof.
Volatile oils, vegetable:
2.1. A.Other:
Fragrant
Of Inturpentine:
a.h. Othercans, or barrels ... 100 kins 20%
B. Other ad val.
Linseed oil:
1. A.In Boiled
cans, or barrels:
B. Other 100 kins 1.60
2. Other
Castor ad val. 20%
Inoil:
2.1. Other cans, barrels or jars 2.20
20%
CUSTOMS TARIFF OF JAPAN 183
Rate of Duty.
Oliye oil;can or barrel ... 1.70
2.1. la
Other
Cocoa-nut oil , ...... ......ixi
... 9.50
1.50
Ground
Soja beanseed nutoiloil 4.65
1.40
Cotton
Wood oil, oil from the seeds of Aleurites cordata
obtained 4.45
1.90
103
104 Camellia oil 4.90
105 Cacao butter 18.50
10.30
106 Cod-liver
Fish oilanimal:andoil whale oil 1.30
107 Fats,
1.2. Lard
Other ... ... 9.00
0.80
Compound
Stearin lard ... 7.70
12.00
Olein
Mineral oils: 5.00
1. Crude:
Distillates between 120° and 275° by fractional
A.distillation:
Not exceeding 20% 25,, by„ volume 10 Am. gals. 0.17
0.21
0.25
D.O. 3540 „„ ,, 0.20
0.33
0.36-
Note.—Those
an containing
additional more than 45% are subject to
American
for gallonsduty(0.30d.
every additional
at the rate of 1 sen per 10
1% per 10 Imperial gallons)
2. Other, and including
vegetable lubricating
oils or fats, oils soaps,containing animal
&c., of a specific
A.B. gravity
Not at 15° C.:
exceeding
„ „ 0.875 0.730
Vaseline C. Other
Paraffin
1.2. Other wax: point up to 42° C
Melting
Vegetable
ingia sebifera, tallowRhusor wax, obtainedor from
vernicifera Rhus the seeds of...Still-
succedanea
Candles
Soaps:
2.1. Other
Perfumed
Perfumed (including inner packings)
fumed
packings) oil,oils,fatfats,
or waxand (including
waxes, andreceptacles
preparationsandofinner x
78.00-
Perfumed
Oils, waters
fats, and ofwaxes, (including receptacles and inner packings) 90.00
Manufactures oil, fat,notandotherwise
wax, notprovided
otherwiseforprovided for 20%
30 „
GrouporVI.—Drugs, Chemicals, Medicines,
Preparations thereof, and Explosives. Compounds
122
123 Hops free
2.00
124 Liquorice 422.00
184 CUSTOMS TARIFF OF JAPAN
Unit. Rate of Duty,
125 Ipecacuanha root... 100 Ten.
kins 82.00
126
127 Ginseng
Cassia and cinnamon bark ad val. 20%
Cinchona
Ryutan orbark
gentian root
Rhubarb
Semen cyme 6.70
Senega
Ergot ofroot
rye 19.40
14.30
Musk
Artificial musk 1001 kin
kins 101.00
81.50
Nard
Cloves or spikenard 4.80
6.10
Agalwood woodor aloes-wood
Sandalmyrobalans, 69.30
5.16
Galls,
mangrove betelornuts,
bark, materials
chips scrapsoakof quebracho
bark, mimosawoodbark,
and
similarand
Catechu tanning
other tanning extracts... free
Balsamindiarubber, crude gutta percha, and substitutes 0.50
25.00
Crude
thereof
Gumnot arabic, shellac,
otherwise rosin and
provided for other gums and
(excluding thosegum
for resins,
medi-
cinal
Glue use)
146 Gelatin 2.70
10.20
147
148 Isinglass
Dextrin 40.90
149 Sulphur yellow and red or amorphous 1.15
20%
150 Phosphorus, ad val. free
Iodine
Zinc dust 100 kins 135.00
Acid, 1.50
154
155 „„ boric acetic 3.20
8.00
156
157 „„ oxalictartaric
salcylic
2.00
11.90
11.60
158
159 „„ picric
carbolic 6.00
„ citric ... ad val. 20%
18,40
»„ pyrogallic 100 kins 144.00
Soda, tannic
caustic, and potash, caustic: ... 20.70
1.2. Refined
Other 7.25
1.50
Iodide
Soda, of and
ash sodanatural 155.00
0.35
Soda, bicarbonate
„ peroxide of
of(Chili 0.96
Nitrate of soda saltpetre): 16.60
Soda2.1. Refined
Other
sulphate of :
2.1. Other
Soda,
Refined ad val.
100 kins
20%
0.45
„„ boratesilicateofof(borax)
salicylate of... cyanide of potash ...
1.00
0.35
14.10
173
174 Cyanide of sodaofand free
175 Potash,
Potash, nitrate
sulphate of:(saltpetre) 2.35
1.2. Refined
Other
CUSTOMS TARIFF OF JAPAN 185-
Rate of Duty.
Potash, Yen.
178 „„ chlorate
bichromate
iodide of
of of free
1.80
179 „ bromide of of 122.00
10.00
Magnesium,
Barium, peroxide carbonate
of 2.50
Alum 2.50-
0,45
184 Ferro-cyanide
Ferri-cyanide of„soda ... 2.05
185 Ferro-cyanide of„potash 10%
2.70
186
187 Ferri-cyanide
Bismuth, sub-nitrate of 5.60
81.10
188 Ammonium, „ chloride
sulphate ofof: ...
1,2. Refined
Other carbonate of ad val. free
Ammonium,
Thorium, nitrate 100 kins 3.45
Cerium,
Calcium, acetate „ of„of 86.80
10%
0.41
Acetone
Formalin 15.13
Wood spirit or methyl alcohol ...
Alcohol
...
1 litre
5.10
5.95
0.73
Denatured
Glycerine alcohol ... 0.73
3.20
Chloroform 100 kins 22.30
Iodoform
Milk sugarand similar sweet substances v 202.00
Saccharin 7.60
60.00
Naphthalin
Borneo camphor, and blumea or nai camphor 1001 kin
kins 1.50
37.30
Antifebrin
Antipyrin 11.00
82.00
Santonin
Quinine, hydrochlorate of, and sulphate 326.00
Morphine,
Cocaine: ,, „ of 135.00
13.60
1._2. Cocaine sulphate
„ hydrochlorate of
hydrochlorateof,ofand sulphate of ad1 val.
kin 1935%30
Cinchonine,
Creosote, carbonate of„ 100 kins 38,80
33.40
Guaiacol,
Aniline „
salt or hydrochlorate of aniline 58.10
2.75
216
217 Diastase
Baking powder 142.00
27.50
218 Insect „
Flypaper medicinal ... 15.70
30%
Alcoholic
1.2. Tincture of opium preparations;
221 Other
Vanillin, coumarin, heliotropin, and similar aromatic
222 chemicals,
Tooth powders, not otherwise
tooth washes, provided
toiletforprovided
powders, forand other 10%
prepared
Joss sticks perfumeries, not otherwise 40508.80„„
Roller
Plasters composition
(includingbandage,
inner packings) and similar materials 53.60
Gauze, wadding,
for surgical use (includingcatgut, ad val.
Gelatine
Wafers capsules inner packings) 100 kins 67.30
30%
ad val.
186 CUSTOMS TARIFF OF JAPAN
Yen.
20%
Drugs,
Compounds chemicals, and medicines,ofnotdrugs,
ornot preparations otherwise providedand
chemicals, for
medicines,
Explosives: otherwise provided for
2.3.1. Detonators
Gunpowder
Dynamite ... 6.10
25.50
Fuses (including inner packings)
4.5. Other 37.40
Cartridges,
1. With loadedorwith explosives:
B. Ofbullets
A. Other shots:
metal shells (including
„ inner „ packings)
„
100 kins 29.10
23.10
2. Other ad val. 4040%„
Projectiles,
Fireworks loaded with explosives 12.70
Matches 40%
Gboup VII.—Dyes, FillingPigments,
Matters. Coatings, and
Indigo, natural: 21.20
2.1. Liquid
Artificial
Dry or in paste
indigo: , 10%
1.2. Dry 100 kins
ad val. 22.00
10%
Turmeric Liquid or...in paste i . 100 kins 1.00
Tafflower:
1.2. InOther
cake
Logwood ... ... ..
a
ad val.
„ extract 100 kins
Caramel
Alizarin dyes,provided
anilinefordyes and other coal tar dyes, not
otherwise 4,60
52.40
Oxide
Liquid of cobalt
gold, liquid silver andpowder
liquid platinum . pow- 1 kin 12.40
Bronze
ders not powder,
otherwise aluminium
provided for and similar metal 100 kins
Prussian
Ultramarine blue bluelead, and litharge . 3.15
White lead, red 2.10
2.10
„ orzincwhiting
Chalk (oxide of or sulphide of zinc) ... . 0.65
Vermillion
Realgar and ororpiment
cinnabar ad val.
255 Gamboge
Carbon and
black dragon’s blood 100 kins 1.95
256 Lacquer (the juice of Rhus verniei/era) 6.90
14.50
257
258 Varnishes
Wood tar and coal tar 0.50
Pitch and asphalt 0.55
9.90
Shoe polishes including receptacles
Pencils:
1.2. Other,
Not ca-ed (slender strips of graphite or of colours) ad val. 30%
A. Cased excluding thoseorwith
withmetal
wood metal sheaths
paper: :
a.b. Other
With attachments 1 gross 0.75
0.55
B. Other ad val. 80%
Inks:
1. For copying or writing including receptacles 100 kins
CUSTOMS TARIFF OF JAPAN
2. ForA. printing:
Liquid or in paste
I. Ina.barrel:Black ......
b. Other 100 kins
ad val, 3.45
II. Other ..including receptacles 100 kins 25%
21.50
2. OtherB. Solid 111.00
Black solid inks,
Chalk-crayon and red solid inks, Chinese
Artist’s
Paints: coloursandandtailor’s artist’schalk
paints including receptacles...
1. Copper
ing paints, international
compositions, compositions,
anti-corrosive paints, andanti-foul-
similar
ships’ bottom paints 6,15
3.4.2. Enamel
Patent dryer
Other: paints 2.80
13.20
A. Eachincluding weighing not more
the weight than 6 kilogrammes
of receptacle
B.
Putty,ingmangan Other
matter:putty, marine glue pitch, and... similar fill-
2.3.1. Marine
Putty
Mangan glueputtypitch 1.40
30%
4. Other
Sealingandwaxpigments, not otherwise provided for
Dyes
Coatings, „ „ „ „
Group VIII.—Tarns, Threads, Twines, Cordages and
Materials Thereof.
Note.—In
ofwhichmorecase an article
than oneexceedin this
kind groupanyiskind
ofperfibre, constituted
of fibreof
the does
article not
shall 5 cent, by weight
jeference
ficial the tariff classification, silk and arti-in
silk toexcepted.
not be considered as mixed
Cotton, in the seed or ginned, including carded or combed
cottonyarns:
Cotton
1. Single or two-fold:
A. Gray,
a.b. Not including gassed yarn: 5.80
,, exceeding No., bO24 English 6.40
9.50
11.00
11.30
e. Other simply, Duty on gray
B. Bleached ...
additionHuty
C. Other, of 1onyengray
per 100
yarnkinswith yarn
an
with an
addition of
1.00
3 yen per 100 kins 1.00
2. Other:A. Other
O'ay, including gassed yam
CottonandB.twin,
eottx sn not exceeding 3 grammes per 10 metres,
threads:
1. InA.ekein Gray :
B. Other
Customs taeiff of japan
Bate of Duty.
2. Other: Yen.
36.90
A.B. Eeeled
Other on wooden spool (including spools) 30%
274 Flax, China
fibres,yarns: grass,
not otherwise ramie,provided
hemp, jute,
for and other vegetable free
-275 Linen
1. Single:
A.B. Other
Gray
2. Other:
AB. Other
Gray
276 Linenabove twinesNo. 7made by twisting
English andthreads together single
not exceeding yarns
12 grammes
per 10 metres, and linen : 40.90
277 2.1. Other
China
Grey
grass yarns and ramie yarns ... ... 44.90
10%
278 China
gether grass
singletwines andabove
yarns ramieNo, twines,
7 madeandby not
English twisting to-
exceed-
ing 12
ramieyarns grammes
threads per 10 metres, China grass threads and 30%
279
280 Hemp
Jute yarns 10%
281 Hemp
single twines
yarns and juteNo.twines,
above madeand
7 English by twisting
notjute together12
exceeding
grammes
Sheep’s per 10 metres, hemp threads and threads... 27.10
cardedwool,
Woollen
goat’s hair and camel’s hair, including those
oror worsted
combed yarns :
free
1. Undyed
A. Yarns or unprinted:
made by twisting woollen and worsted
B Yarnsyarnsmade together
by twisting 15%
together and loop
C. Other; yarnsthose of different number
I. Worsted:
II. b.a. Other
Not exceeding No. 32 metric
Woollen ... yarns with
13.20
17.50
2. anOther,
addition Dutyofon2.50undyed
yen peror 100
unprinted
kin... ... ... 12.00
Mixed yarns
1.2. Undyed of
or cotton and
unprinted wool:
Other,addition
Duty onofundyed3 yen peror100unprinted
kins yarns with an
Cocoons
Floss silk free
30.00
Eaw1. Wild
silk, including
silk thrown silk : ;
2. Other 31.00
30%
288
289 Spunthreads
Silk silk yarns
290
291 Artificialnotsilkotherwise provided for:
Yarns, .. 100 kins 87JK)
1. Partly
2. Other of silk, artificial silk, or metal ad val. 30%
292 Threads, not otherwise provided for 15 „
30,.
293
294 Fishingpowder,
Wool gut ...silk powder, and artificial silkthreads
powder 100 kins 86.80
296 Waste or old fibres, waste yarns and waste ad vaL 20%ree
296 Twines, cordages, braids, and plaited ropes, not otherwise
1. provided
Of cottonfor: 18.20
CUSTOMS TARIFF OF JAPAN
Rate of Duty.
2. Ofhemp, flax, pure
Chinaor grass, mixed ramie,onehemp,
with anotherjute, or Manila 6.00
3. Other ... ... ... ... 20%
Twines,
those for cordages,
trimming braids, and plaited ropes, old, excluding
Group IX:—Tissues and Manufactures thereof.
1. Thetissues.
knitted term “tissues” Notes. in this Group includes felts and
2.3. TheIn term
case a “silk” ininthis
tissue this Group
Group isincludes artificial
constituted silk.
of more
than
exceed one kind of fibre, any kind of fibre which does not
mixed5%silk
asartificial inbyreference
weight oftothethetissue
excepted. tariff shall not be considered
classification, silk and
4.counted
begreatest The number of threadsthreads
by elementary constituting
in thetheparttissues
whereshallthe
5. number
Figured tissues of threads
are those are used.
with a design or repeat con-
stituted
20aforesaid, by interlacing
in number. Inyarncaseboth of warps
counting andnumber
woofs more than
of thread
yarns, or twisted
yarns put together consisting
to act of one
as twoshall
or more
be single
counted
as one.
Tissues
1. Velvets, of cotton:
plushes, and other pile tissues, with piles cut
A.B.orOther
uncut:
Gray 100 kins 34.00
40.00
3.2.4. Tissues
Flannels woven
Crapes tissuesand other with raised
chenilletissues
threads ad val.
100 kins
ad val.
20%
16.00
20%
5.6. Tissues
Gauze interwoven with lacesprovided for: ... 100 kins
ad.val. 36.00
20%
7. Plain A. Gray:tissues, not otherwise
I. Weighing 100 square not metres,
more than 5 kilogrammes per
а.б. of27196threads
millimetres or lesssideandinhaving
warp andin awoof:
square
23.00
„„„ „„„
d.c.e. 4335More than
31.00
43.00
57.00
II. Weighing 43more
threads
not metres, than 77.00
100
of 5 square
millimetres andin10having
side,
kilogrammes
warp in awoof:
and
pej
square
a.b. 2719 threads „„ or„„less 11.00
14.00
d.e.c. More
4335 than „ 43 threads 18.00
22.00
III. Weighing notmetres,
more than 20having
kilogrammes per, 28.00
100 square
of 5 millimetres and in
side, in warp and woof a square
10.00
b.a. 2719 threads „ or„less 11.00
14.00
18.00
22.00
190 CUSTOMS TARIFF OF JAPAN
Unit. Kate of Duty.
IV. Weighing notmeters,
more than 30 kilogrammes per Yen.
100 square side,andinhaving in awoof;
square
a.b. of27196threads
millimetres
„ „ ... or less... warp and 9.00
10.00
d.e.e. 43More
36 „„ „„ ...... 12.00
16.00
V. Othersimply than 43 threads 20.00
14.00
B. Bleached
addition of 3 yen(Duty on gray
pertissues
100 kins) tissues with an
C. Other
7 yen (Duty on
per 100 kins) gray with an addition of
. Figured or
A. Gray: brocaded tissues, not otherwise provided for:
I. Weighing 100 not metres,
square more than and 5having
kilogrammes
in awoof:per
square
of 5 millimetres
a.b. 2719 threads or less side, in warp and 26.00
36 „„„ „„„
d.e.c. 43More
35.00
47.00
than 43 threads 65.00
88.00
II. Weighing100 square notmetres,
more than
andin20having
kilogrammes
in awoof;pei
square
of 5 millimetres
a.b. 1927 threads or less side, warp and
14.00
„„„ „„„
d.c.e. 3543More than
18.00
22.00
43more
threads 29.00
36.00
III. Weighing
100 square notmetres, than 20 kilogrammes per
a.b. of35275threads
millimetresor lessside,andinhaving
warp andin awoof
square
:
„„ „„ 17.00
21.00
c.d. 43More than 27.00
IV. Weighing not43more threads
than 30 kilogrammes per 34.00
1005 square
of metres,side,andinhaving
millimetres warp and in awoof
square
ab. 2735 threads „ or „less i6.oa
d.c. More
V. Other
43 than 43 threads
33.00
B; Bleached simply (Duty on gray tissues with an 24.00
addition
C. Other (Duty of 3onyengraypertissues
100 kins.) with an addition of
7
i. Other: yen per 100 kins),
A. Gray:
I. Weighing ICO5 square not metres,
more than andin5having
kilogrammes
in awoof:per
square
of millimetres
a.b. 2719 threads side, warp and
„„ or„„less ... . 24.00
32 00
d.c.e. 8543M ore than„ 43„ threads 44.00
59.00
II Weighing notmetres,
more than 80.00
100 square and10having
kilogrammes per
in a square
«. of196threadsmillimetresor lessside, in warp and woof: 12.00
CtJSTOMS TARIFF OF JAPAN 191
Articles. Unit. Rate of Duty.
Yen.
15.00
b.c. 2735 threads or less 19.00
d.e. More
45 than „„ 43„„threads ... 24.00
30.00
III. Weighing 100 square notmetres,
more than and 20having
kilograinmmes
a per
square
a.b. of35275 threads
millimetres
„ or„ lessside, in warp and woof:... 12.00
15.00
c. More
43 than „ 43,,threads 20.00
25.00
IV. d.Weighing100 square notmetres,
more than andin30having
kilogrammes
in awoof:per
square
of 5 millimetres
a.b. 3527 threads side, warp and 11.00
c.d. 45More than „„ or„„less ... ......
13.00
17.00
43 threads 22.00
15.00
Y.
B. Bleached Other
addition simply of 3 yen(Duty per 100onkins gray tissues with an
C. Other
7 yen (Duty per 100onkins) gray tissues with an addition of
Tissues
mixedof flax,
with China one another, grass, ramie,
including hempthose
or jute,
mixedpurewithor
1. cotton:
Velvets, plushes,
or uncutcloth and other pile tissues, with piles, cut 20%
2.3. Bolting
Gauze tissues, excluding bolting cloth 2015 „„
4. Plain, figured
for: of orjute:brocaded tissues, not otherwise pro-
A.vided
Tissues
Having inwoof:
a square of 5 millimetres side, in warp
a.b. and410threads or less 2.00
4.00
20 „„than 20„„ threads
d.c. More
7.40
20%
B. Mixed
I. Gray with cotton:
A. Weighing per 100notsquare
more than 40andkilogrammes
awarpsquare
and of 5 metres,
woof: millimetreshaving
side, inin
a.b. 2010 threads or less 8.00
14.00
c.d. 3040 „„,. „„ 24.00
32.00
e. More than 40 threads 42.00
10.00
II. Other b. Other (Duty
C. Other of 8 yen per on100gray
kins)tissues with an addition
I. Gray: a. Weighing
aper 100notsquare
square
more than 40and
of 5 metres,
kilogrammesin
millimetreshaving
side, in
warp and
a.b. 1020 threads woof:
or less 10.00
18.00
c. 30 „„ „„ 32.00
192 CUSTOMS TAKIJFF OF JAPAN
Ten.
44.00
e.d. More
b. Other
40 threadsthan 40orthreads...
less 56.00
13.40
II. Other
of 8 yen per 100 kins) with an addition
(Duty on gray tissues
5. Other; A. Mixed with cotton :
I. Gray:
a. Weighing per 100not
awarpsquare
moremetres,
square
of 5
than 40and
kilogrammes
millimetres having
side, inin
and woof:
a.l. 2010 threads or less 7.00
13.00-
22.00'
d.ec. More
3040
than 40 threads
30.00-
48.00
b. Other 9.00'
II. Other
of 8 yen (Duty per on100gray
kins)tissues with an addition
B. Other:
I. Gray:
a. Weighing per 100not
a square
more than 40and
square
of 5 metres,
kilogrammesin
millimetreshaving
side,
warp and woof:
a.b. 2010 threads or less 9.00
16.00
29.00
c.d. 4030 „ 40.00
e. More than 40 threads... 50.00
12.00-
b.
II. Other Other
Tissues of of 8(Duty
pineapple, yen peron 100
pueraria
graykins)
tissues with an addition
thunbergiana, Manila hemp,
agave,
ramie, hemp and other
and vegetable
jute), pure fibre (excluding
or mixed onecotton
withside, flax,
another:
Having and in
woof: a square of 5 millimetres in warp
2.00
2,3.1. 20104 threads
„„ or„„less ... . 6.00
12.00
4. More
Tissues thanand
ofandwool, 20 threads tissues of wool and cotton, of 20%
1. wool Velvets, silk, or ofmixed
plushes, wool,other
and cottonpileandtissues,
silk: with piles,
cut
A. Other or uncut:
Partly of silk
2. A.B.Other
Of Wool:
a. Weighing not more than 100 grammes per 57.50
square metre
b. Weighing not more than 200 grammes... per...
square metre 70.00
c. Weighing
square metre more than 500 grammes per
not
d. Other
B. Of wool and cotton:
a. Weighing
square metre not more than 100 grammes per 65.00
Weighing
square metre not more than 200 grammes per 62J50
CUSTOMS TARIFF OF JAPAN 193
Rate of Duty.
e. Weighingsquare metre not more than 600 grammes perj
C. Ofd.I. wool Other and silk,
Containingnot ormore
of wool,
than cotton
10% byand silk,of silk:j
weight
a. Weighing not
per squarenotmetremore than 100 grammes 144.00
b. Weighing more
per squarenotmetre than 200 grammes 136.00
c. Weighing
per square more than 500 grammes
metre
d. Other not more than 26% by weight of silk:
II. Containing
a. Weighing notmetre
per squarenet more than 100 grammes 188 00
b. Weighing
per square more than 200 grammes
metre 180.0 l
c. Weighing
per squarehotmetre
more than 500 grammes 172.00
d. Other 164.00
Tissues
Silk tissues ofIII.horseOther ... those mixed with other fibres
iiair, including 40%
25 „
for: and silk mixed tissues, not otherwise provided
1. Velvets, plushes and other pile tissues with piles,
A.B. cutOther
Of orsilkuncut: 100 kins
2.3. Other:
Bolting cloth ... ad val.
A.a.OfTissues silk: of wild silk
B. a.b.Other:Other
Containing not more than 10% by weight of silk 90.00
c.d.b. Other„„ „ „„ 25% 50% 180.00
280.00
Mixed tissues,
1, Velvets, not otherwise
plushes, and provided
other pile for:
tissues, with piles,
2. cut or uncut
Other
Stockinette and similarofknitted
silk tissues, raised or not
2.1. Wholly
Other:
A. Weighing
or partly
not more than 200 grammes per
square metre
B. Weighing
C. Other square metre ... than 500 grammes per
not more
Lar-e tissues
1. Curtaining^: and netted tissues:
A.B. Other
of cotton ... 20.00
30%
2. Mosquito nettings:
B.A. Other
3. Veilings:
Of cotton 100 kins
ad val.
A.B, Other
Wholly or partly of silk 680.00
4.5. Nettings
Other: for fishing or hunting 2530%„
A.B. Other
Wholly or partly of silk
194 CUSTOMS TARIFF OF JAPAN
Felts:
2.1. Other
Of Wool, or wool and ...cotton
Embroidered 5 tissues
30%
10 „
Bookbinders
Tracing cloth cloth... 20.00
G4.30%-.'0
Artists’
Window canvas
holland 30.70
312
313 Empire cloth... 3010
314 Leather
Oil cloth cloth or oilorcloth
for floor, linoleum ... 22.40
6.60
315
316 Roofing canvas 11.00
Tarred cloth,
Emery canvasincluding ... glass cloth 30%
2.75
Waterproof
1.2. Wholly tissues
or partlycoated
of silkor inserted with india-rubber 40%
Elastic Other webbing 8and elastic cords, elastic: braids or the like 76.40
1. Exceeding Partly ofcentimetres
A.B. Other silk in width • ;• ..
2. Other: A. Woven:
a.b. Other
Partly of silk 40%
B. Other: 30 „
a.b. Partly
Other of. .silk
> ...
Insulating
Lamp wicks tapes of tissues... 19.60
Typewriter ribbons 30%
Handkerchiefs, cotton single:
2.3.1. OfOfOf flax
flax and cottonof silk
100 doz. 25.90
83.70
4.5. Other
Wholly or partly 73.20
Towels, single; ... „. ...
ad val. 3550%„
2.1. Of
Blankets,Other cotton
single:
100 kins
ad val. 40.00
35%
1. Other
2. Of wool, or wool and cotton
Travelling
Whollyrugs,
1.2. Other single:of silk ...
or partly
Carpets
1. Wholly and carpetings.-
or partly ofpiles:
wool:
A. Woven
I. Having withpiles constituted with warp or woof
a. ofOther
b.
one cut
With system:
piles
II. Other:
a. With cut piles
Of feltb. Other
B.C. Other
2.3. OfOther hemp or jute ... 3030 „„
Table cloths, single:
2.1. OfOf cotton,
flax, or ofcotton
cottonandandflax...
hemp, or of cotton and jute
3.4. Of Whollywool,ororpartly wool and cotton
of silk, combined with, metal threat
5. or
Other embroidered
Curtains and window blinds: 100 kins 93.00
2.1. Wholly
Of wool,
or ororpartly
embroidered
wool and cottoncombined with metal threat
of silk, ad val. 50%
3. Other: A.B. OfOther lace 39.50
Trimmings:
1. Eibbons, and
A.ciousWholly thelaces,
like:
or
edgings, tapes, galloons, cords, braids,
partly of coated
silk, orwith
combined withmetals,
pre-
precious metals, metalssemi-precious
stones, precious
stones, pearls,
c oals,
B. beads,
Combined elephant’s ivory,
with imitation or tortoise shells
C. Other: base metals, &c. precious stones, glass
a.b. Darned, embroidered or of lace work
Otheras tassels,
2. Other, A. Wholly such or partly knots, silk,loops,
of coated stars, &c.:with pre-
orwith
combined
cious
precious metals, metals
stones, ivory,
semi-precious precious metals,
B. corals, elephant’s
Other or tortoisestones,
shells pearls, 5040 „„
Mosquito
Hammocks nets 40 „
Dishing
Air1. cushions or hunting nets
2. Wholly or: partly of silk
Other
Bed1. quilt* andor cushions
partly of: silk ad val. 50%
2. Wholly
Other
A.B. Other •
Stuffed with feathers or downs lv 0 kins
Woven Of belting
cotton for machinery and woven hose:
1.2 Other 100adad kins
val. 1920%20
Filter
Ounny
Old
bags
Gunny bagsbags 100 val.
kins 2.55
free
Rags
Tissues, not otherwise
Manufactures
1. Wholly or tissues,provided
of partly of
for provided for:
notsilk,otherwise
or combinedmetals,
with precious
metals,
stones, metals coatedstone-,
semi-precious with precious precious
pearls, corals, elephant’s
ivory, or tortoise shells, or embroidered 5040 „„
2. Other
Gkoup X.—Clothing and Accessories thereof
Note.—The
ficial silk.term “silk” in this group includes arti-
Eaincoats:
2.1. Wholly
Shirts, Other or partly of silk
fronts, collars and cuffs
CUSTOMS TARIFF OF JAPAN
Unit. Rate of Duty.
346 Undershirts and drawers: Yen.
1. A.Knitted:
Of cotton 115.00
B.C. Wholly
Of wool,ororpartly
wool and cotton 100 kins 13360%00
D. Other of silk ad val.
2. A.Other: Wholly or partly of silk
347 Gloves: B. Other: 4050 „„
1.2. Of leather 100 kins 450.00
3 OfOfwool leather
cotton,
and
and otherofmaterials
of flax,
cotton cotton andexceptflax,silkof wool or of 170.00
226.00
4.5. Wholly or
Otherand socks: partly of silk 949.00
348 Stockings 40%
1. Ofwoolcotton, of flax, of cotton and flax, of wool or
Whollyand
2.3. Other cotton
or partly of silk 100 kins 138.00
349 Shawls, comforters and mufflers:
ad val. 4050%„
1. A.Mufflers:Of silk of silk
B. Other Partly 100 kins 853.00
530.00
2. A.0.Other: Of cotton,
ad val. 40%
B.C. and Of cotton of flax, of China grass, of wool or of wool
silk 100 kins 159.00
Partly 750.00
D.orOther feathersofor silk
Wholly
excluding those combined with furs
partly of furs or feathers 400.00
E. 50%
40,,
350 Neckties:
2.1. Other
Trouser
Wholly or partly of silk
suspenders
1 kin
351 1.2. OtherWholly or partlyor ofbraces:
silk 100 kins 45400
352 Belts: 102.00
1. Made coatedof withor combined
precious with precious metals, metals
2. A.Other: precious stones, pearls,metals,
corals precious stones, semi- ad val. 50%
B.C. OtherWholly
Of leatheror partly of silk ,..
v... 5040 „„
Sleeve suspenders, stocking suspenders, and the like : 40 „
2.3.1. Of Wholly metalor partly of silk 50 „
354 Hats Other
and hat bodies, caps, bonnets, and hoods:metals, metals 100 kins 178.00„
40
1. Combined coated or trimmed
with precious with
metals,precious
precious stones, semi-
precious
flowers, &cstones, pearls, corals, feathers, artificial
2. A.Other: ad val. 50%
a.b.Wholly
Silk hatsorhats
partly
or operaof hats
silk :
Chinese
c.d. Hoods a1d doz.
val. 50%
Other ad1 doz.
val. 50%
CUSTOMS TAEIFF OF JAPAN 197
B. OfI. felt:
II.a. Hats
Hat bodies:
Blocked
b. Other
C.D. OfOf Panama 2.1. Of
Othersheep’s wool
straw or straw
another wood orshaving,
similarpure
vegetable fibreswith. one)
or mixed
E. a.Other: Helmet hats
b.c. Caps
Chinese hats 9.50
1.15
de. OtherHoods ... woven or knitted
of tissues, 3.00
2.90
Boots, shoes, slippers, sandals, clogs, and the like: ad val. 10%
1. A.Boots: Of india-rubber
leather
J3.C. Of 100 kins 134.00
50.00
2. A.Shoes: Other ad val. 40%
B. a.Of Of canvas
leather or duck: 100 kins
C.D.b.WhollyOther leather
With sole 86.70
57.80
3. A.Chinese Othershoes: of silk
or partly ad val. 50%
Other orofpartly
Wholly
4.5. B.Slippers:
Over-shoes
of silk
india-rubber
100 kins 62.50
30.70
51.60
A.B. OfOf tissues:
leather
III. a.Of
Wholly
felt: orleather
With
partly of silk
sole
6Other
Other 100 kins
ad val. 76.40
40%„
C. III.
Other 4040,.
6. Other
Shoelaces 4040 „„
Buttons,
precious excluding metals those madecoatedofstones,
withor precious
combinedmetals,with
precious metals,
elephant’s stones,
ivory semi-precious
or tortoise shells: pearls, corals,
2.1. A.Buttons
Other: Covered
for cuffs or shirts
(including inner packings)
B.C. Of metal (including 118.00
B. OfOfpackings)
porcelain glassinner
ivory nut,orincluding
packings) packings) ......
(including
imitationsinner(including inner
34.30
12.60
E.F. Other
Of bone or horn (including inner packings) 111.00
109.00
Buckles, 40%
of orhooks,
with combined
precious
eyes,with
and precious
metals,
the like, metals,
precious
excludingmetals
stones,
thosecoated
made
semi-precious
stones,
shells: pearls, corals, elephant’s ivory, or tortoise
2.1. Hooks
Bucklesand eyes
CUSTOMS TARIFF OF JAPAN
3.4. Shoe
Otherforhooks and shoe eyelets . 40 £
Jewellery
Clothing and personal adornment
accessories or parts thereof, not otherwise
provided
1. Wholly for:
or partly of fur, feather
ormetals
combined or trimmed
coated with precious withor precious
metals,
silk, or made
precious metals,
of
stones,
semi-precious stones, pearls, corals, elephant’s ivory
2. Other or tortoise shells or embroidered 4050 „„.
j Group XI.—Pulp for paper-malcing,
Manufactures, Papers, Paper
Boohs, and Pictures.
I Pulp for paper-making:
!j 2.1, Mechanical
PrintingOtherpaper: pulp
2.1. A.Art
Other paper
Coloured in the paste
...
I B. a.Other
Weighing not more than 58 grammes per square
Writing h. metre
Other
paper
Drawing
Blottingpaper paper
paper , ... ...
Filter 3.80
17.40-
Packing
Cigarette paper and match paper, excluding tissue paper 1.75
Wall paperpaper
Pasteboard or! cardboard 12.40
8.1.50-
50>
Chinese
Imitationpaper of allpaper
Japanese kinds and tissue paper ad val. 30%
Imitation parchment, paraffin paper and wax paper: 100 kins 3,25
1. Covered with orembossed,
metai powder, with application
or printedof metal foil 3.85
374 2. Other 3.20-
375 I
376
Tracingtransfer
Litho
Oiled
paper paper
paper
22.00
36.50
377 Glass paper for windowprovided
pane ...for: 5.00
67.20
Papers, not otherwise
1. Covered
metal with, or with application of, metal foil or
powder:
A. ofCvoered
preciouswith, or with application of, foil or powderj
2. B.A.Coloured
Other... on .metalsurface
the 10.90-
Embossed.., 4.95
3. A.B.Printed:
Other
Embossed......
4. A.B.Other:
Other...
Craped or .wrinkled 12.70
Paper B.lacesOther...
and paperorborders: ad val. 25%
1. Covered with,
metal powder with application of, metal
2. Other ... 100 kins
CUSTOMS TARIFF OF JAPAN
Rate of Duty.
Blank Books: Yen.
1.2. Of Chinese paper
Other: 9.00
A.B. Other
With paper covers ... 25.30
47.80
Blank
Note formsin box
paper ad val. 16.40
Envelopes:
1. (including
In box, including
2. Other boxes). those accompanying note paper 100 kins
Albums: ad val. 50%
2.1. A.With
With cloth
leathercovers
Wholly or
covers:
partly of silk
... ...
100 kins 48.90
20.00
3.4. B.With Other
Other paper covers ... ...
15.30
40%
Test paper 20 „
Baryta for paper, albuminized paper, and sensitized papers
photograph:
2.3.1. Baryta paper (including
Albuminized
Bromide paperpaper
inner inner
and (including
packings)
platinum paper packingsl
(including...inner
packings)
4.5. “P.O.P.” (including inner packings)
Carbon Other
paper including glasspaper ... 27.30
Emery paper, 2.00
35.20
Labels
Playing cards 113.00
Photographs and picture : ad val. 50%
Caligraphies 100 kins 39.30
2.1. Other
Card
Printed... 7
calendars and block calendars ad val. free
30%
Picture post-cards ... 100 kins
ad val. 52.40
50%
Christmas
Printed cards
books, and the
copy like drawing books with designs,
books,
music,
not otherwise newspapers, periodicals
provided for ...rand other printed matter,
Plans,
Geographical architectural andor engineering
Papergramsmoney, or mapsbank notes,maps,
atlases charts and scientific dia-
coupons, share certificates and
Wasteotherpaper negotiable papers
Manufactures of paper or pulp, not otherwise provided for 40%
Group XII.—Minerals and Manufactures thereof.
Silicaotherwise
sands, quartz
providedsand,for:and other sand, and gravel, not
1.2. Coloured
Other
Flint
Pumice stone, corundum
powdered orsand, not Tripoli and similar mineral
Emery sand,
substances for grinding or polishing
Path bricks 0.45
Metal polishes,
1.2. InOther not otherwise
paste (including provided for :
receptacles) 5 00
500 CUSTOMS TARIFF OF JAPAN
Unit. Rate of Duty,
Grindstones Artificialor whetstones;... 100 kins Yen.
2.1. A.Other:
Oil stones, whetstones and the like
9.00
27.90
Slatefor: B.andOther
manufactures thereof, not otherwise provided ad val. 10 £
2.1. A.Other:
Unworked
Unsmoothed, unpolished or uncarved:
l.Other
Other 0.20
LithographicB. 4010 „£
Unworkedstone:
1.2. Other 100 kins 0.50
Bort, carbonado
Precious and other black diamond
stonesstones ad val. free
Semi-precious ® %■
wise
1.2. Other provided
Uncut or unpolishedfor:and manufactures thereof, not other-
Stonesfor:and manufactures thereof, not otherwise provided
1. Unworked, shapeor split or roughly hewn as it presents no
2. A.regular
Other:
Unsmoothed, unpolished or uncarved
Amber B. Other
and manufactures thereof, not otherwise provided 4010%.„
for:
1. OtherUnworked...
2.
Waste amber...or artificial meerschaum and manufactures
Meerschaum thereof:
2.1. Unworked
Asbestos, Otherand... manufactures thereof, not otherwise pro- 4020%.„
vided
1. In lump, for:powder or fibre ...
free-
3.2.4. YarnBoard
Other ... 6.00
1.70
Mica,
1.2. In and manufactures
slab or powder thereof, not...otherwise provided for: 10.30
Sheet: free
A. Other
Uncoloured or unornamented
3.4. B.Glued
Other together with or without tissue, paper, etc. ad val.
100 kins
ad val.
30%
30.00
30%
Talc
Phosphorite and soapstone, powdered or not free
Kainite,
Gypsum: kieserite, camallite and similar salts
2.1. Other
Manufactures
Uncalcined
of gypsum
... 100 kins
Cryolite
Clay
Plumbago
Manufactures ...of plumbago, not otherwise provided for
1.2. Crucibles
Other ... 6.15.
30%
CUSTOMS TARIFF OF JAPAN
r No. Unit. Rate of Duty.
Yen.
free
;- 429
430 Coal
Coke 5.65
‘> 431 Brick coalcement, or briquettes 10%
432 Portland
similar hydraulic Roman
cementscement, puzzolana cement and 100 kins
Manufactures of cements: ad val. 30%
2.1. Unpolished,
Dolomite
uncoated or uncoloured
Otherand magnesite, calcined
40free„
Minerals
for: and manufactures thereof,ornotnototherwise provided
2.1. A.Unworked
Other:Powdered or calcined ...
5%
B. Other
Group XIII.—Potteries, Glass, and Olass Manufactures.
Bricks,
1.2. Fire excluding
bricks cement bricks: 100 kins 0.45
Other:
A.B. Other:
Glazed or coloured ad val. 20%
a. Perforated
Tiles of clay:b.orOther
1.2. Glazed coloured
Othermanufactures
Fireproof of clay not otherwise provided
1.2. for:
Crucibles
Gas retorts stoppers
3.00
20%
3.4. Nozzles
Othernotand
Potteries,
1. precious
Combinedmetalsotherwise provided
with precious for:or metals coated with
metals,
2. Other 4050%
free„
Broken inpotteries
nm
Glass lump 10%
Glass
Glass powder
rods andglass:
glass tubes...
Plate or sheet
1. A.Uncoloured or unstained, with flat surface;
NotNot exceeding4 millimetres
exceeding
a.b. Other 1 square metrein thickness:
each
B. a.Other:
Not exceeding
b. Other
2. A.Silvered: ... 1,000 square centimetres each
Other coloured1,000
Not
3. B.Stained,
exceeding
or
square centimetres each...
A.B.embossed
Not like: metreexcluding
ground,
and the1 square
exceeding each
those ribbed,
29.30
4.6. Other Other
Ribbed, embossed or the like 33.20
29.70
ad val.m,
100 25%
55.20
Plate glassglass,
havingwithout
inlaidframe
metal wire or net 100adsq.kins
i$is
Side-light val. 7.00
25%
Sky-light
Spectacle glass, glass cut
302 CUSTOMS TARIFF OF JAPAN
Articles. Unit. Rate of Duty.
Optical lenses or prisms, without frames or handles: Ten.
1. Unpolished ad val.
2. Other
Deck-glass 1,000 pieces 3020%„
450
451 Object glassforformicroscope
microscope ... 1.60
1.40
452 Dry1. plates for photograph
Undeveloped (inclnding: inner packings) 100 kins
2. Other , ... ... ad val. 29.10
40%
453 Spectacles
1. With and
frameseyeglasses:
or handles of precious metals, metals
coated
tortoisewith
shellsprecious metals, elephant’s ivory, or
2. Other
Looking glasses or mirrors: 4060,,„
454 1. Combined with precious metals or metals coated with
precious metals
2. Other
Glass gems of beads, including those of imitation precious 4060 „„
455 stones, &c.imitation
corals, ... metals, imitation pearls, imitation 40 „
456 Glass cullet... free
Glass manufactures,
1. Combined not otherwise
with precious metalsprovided
or metalsfor:coated with
precious metals
2. Other 4050%„
Group XIY.—Ores and Metals.
458 free
459 Platinum:
1.2. Ingots, slabs, bars, plates and sheets 1 kin 44.00
3. WireWaste or old, fit only for remanufacturing ... 193.00
5%
460 Gold:
1.2. Ingots, slabs,wiregrains, plates, sheets and bands free
Tubes
Foils and
3.4. Waste or...old, fit only for remanufacturing ... free
461 Silver:
2.1. Tubes
Ingots,and slabs,wireplates,
... sheets and bands 20%
4.3. Foils
Waste or old, fit only for remanufacturisg ... 30free„
462 Iron:
1. A.In Piglumps,
B.C. Other ironingots, blooms, billets, and slabs:...
Spiegeleisen 100 kins
ad val. 0.10
10%
* ... .., ... „ 12,,
2. Bars or rod,&c including those having such ...a shape
T, angle, ... as...
4.3. A.Plates
Wire rods,
and insheets:
coils 1515 „„
I.NotCheckered
II.
coated with metals :
Corrugated ... ... ... ... ... ......
CUSTOMS TARIFF OF JAPAN 203
Yen.
III.a. Other:
Not exceeding O'7 millimetre in thickness ...)j 16%
b. Other
B. I.Coated
Tinnedwith(tinned
base metals:
iron sheets and tinned steel
a.b. sheets):
Ordinary
Crystallized, embossed or the like
II.
III. Galvanized
Other (corrugated or not)
6. A.Wire: Not coated
B. I.Coated withwith
Galvanized basemetals
metals :
II.
III.Tinned
Other
7.8.6. Bands
Reed wire
Ribbons (hoop ... ... ,
9. A.ParagonNot wire:iron)
coated with metals
B. Coated with base metals
11. Barbed twisted wires ... ... ...
12.A.Pipes and tubes, notmetals;
otherwise provided for:
I.Not coated
Elbows
a. Other
withjoints:
and
Non-malleable 2.40
II.b.a.Other:
Cast ...
15%
b. Other 1.00
16%
B. Coated with base metals
13. Waste or old, fit only for remanufacturing
Aluminium:
1. Ingots, 3.20
Bars orandslabs
3.4.2. Waste
Wire rods, and grains
plates and sheets 18.50
or old, fit only for remanufacturing ... ...
tubes 20%
5„
Copper;
2.3.1. Plates
Ingots
Bars orand and slabs
rodssheets ...
4. A.Wire:
a.b.NotOther
Notcoated with metals:
exceeding 0'5 millimetre in diameter ... 13.10
9.50
B.
5.6. Pipes Coated
Twistedandwires with base metals 14.20
25%
A. Not tubes:
coated 14.80
7. B.Waste Coated withfitwith
or old, basemetals
onlymetals
100 kins
for remanufacturing / ... 100ad kins
val. 26%
1.30
201 CUSTOMS TARIFF OF JAPAN
Lead:
1. Ingots and sheets
slabs
3.4.2. Tea
Platesleadand
Wire, ribbons and bands
free
2.80
5.6. Tube 2.45
0.30
Tin:1. Ingots and slabs only for remanufacturing
Waste or old, fit
2. Plates,
Foils orsheets,
4.3. Waste
wire and tubes
old, fit only for remanufacturing 100adad kins
val.
val.
22.50
5%
Zinc:
2.1. A.Ingots,
Plates slabssheets:
and
Nickelled
and grains
B.C. Other:
Coated with enamel paint, varnish, lacquer, &c. 20%
b.a. Other
Not exceeding 0’2a millimetre in thickness... 100 kins
3.4. Wire
Nickel: Wasteand tubesfit only for remanufacturing
or old, 100ad kins
val. 0.40
1.2. Ingots and grains 4.75
24.00
Bars orandrods,
3.4. Waste
Wire tubesplates and sheets 20%
or old, fit only for remanufacturing 5„
free
Mercury
Antimony
470 Ingotsand
1.2. Waste and
or
sulphide
slabs
old, fit
of antimony:
only for remanufacturing
471 Brass
1.2. Ingotsand bronze:
and slabs ... ■ 10%
Bars orand rodssheets 7.55
8.30
3.4. Wire
Plates
5. A.Pipes Notandcoatedtubes:
with 12.90
B.
6. Foils Coated with basemetals
metals 14.90
7.
German Waste or
silver: old, fit only for remanufacturing
2.1.3. Ingots orandand slabs 10%
Bara
Wire rods,
tubesplates and sheets 100adad kins
val.
val.
14.60
473 4. Waste or old, fit only for remanufacturing
Solder 100 kins
474 Babbitt’s
1.2. Ingots metal
and and
slabsfitother anti-friction metals:
Waste
Gilt1. orGiltsilvered or old,
metals: for remanufacturing
only ad val. 10%
2.3. Other wirewire
Silvered 100 kins 194,00
81.60
Metals, nothaving
otherwise provided for, andprovided
aforementioned ad val. 40%
1.2. metals
Ingots,
Bars slabs a form
and not otherwise
grains for: 10,,
T,orangle,
aspipes rods &c.),
andand
(including
plates,
tubestwisted wires
those
sheets,having such
ribbons, a shape
bands, wire, 2025 „„
3.4. Wire rope
Foils or old, fit only for remanufacturing ... 25 „
5. Waste
CUSTOMS TARIFF OF JAPAN 205
No. Articles. Unit. Rate of Duty.
Gboup XV.—Metal Manufactures. Yen.
477 Nails,thoserivets,madescrews,
of or bolts, nuts orandeoated
combined the like,
withexcluding
preciom
metals:
1. A.IronNotnails:
2.3. B.Iron
CopperOthercoated
nails
with metals ... .
..; ... ... ..
100 kins 1.90
3.20
15.60
4.5. Iron screws
Brassbolts,screwsironandnuts,
bronze 5.60
6.7. Iron rivets andscrews
iron washers 25.50
Iron boot
8.9. Iron dog-spikes
protectors 2.20
5.60
478 Other not otherwise provided for:
Belt-fasteners, ... ad val. 25%
1.2. Of
Other iron ...
... ... 100ad kins
val. 9.00
25%
479 Metal nets or nettings:
1. A.Woven; Of iron, galvanized or not 100 litres 14.40
B. Other
Of copper, brass or bronze, excluding endless ad val. 34.10
25%
2. A.C.Other:
Of iron, galvanized or not 100ad kins 4.70
480 B. Other
Rivetted iron tubes val. 30%
481 Flexible tubes:
1.2. Of iron
Other for railway construction, not otherwise pro- 100ad kins
val. 13.90
20%
Materials
1.2. vided
Rails
Portable
for:
railsand parts thereof ... . 20163.50„„
3.4. Turntables 100ad val.
kins
483 Posts
Fish-plates,
5. Otherand otherprovided
tie-plates and sleepers
materialsfor:for suspending electric lines, not 2515%„
otherwise
2.1. A.Posts
Other:
Of
and parts thereof
iron , 100 kins 6.30
484 B. Other
Materials for construction ofprovided
buildings,for bridges, vessels, 14.00
485 docks, &c.,
Gas holders,electric not otherwise
tankswires:
for liquid, and parts thereof (of iron)
486 Insulated
1. A.Armoured with metals: or telephonic cables ...
B. a.Submarine
Other: telegraphic free
Combined
b. Other with india-rubber or gutta-percha 9,40
4.70
2. A.Other:
a.Flexible
Combined cords:
with silk 100ad kins
val. 20%
15.10
B. b.a.Other:
Other
Combined with india-rubber or gutta-percha 12.00
b. Other... 100adad kins
val. 20%
13.80
487
488 Harpoons
Iron anchors val. 16%
CUSTOMS TARIFF OF JAPAN
Chains, notofotherwise provided for: with precious metal... Yen.
2.1. A.Made
Other: Of iron:
or Combined or coated 5051;
b.a. b.Other:
Gearing chains
Chain beltingb. 2.1. Other
Each weighing not more than 500 grammes...
for machinery 3.80
205!;
Chains adornment:for watches, spectacles, eyeglasses or other personal
1.2. Gilt
Of gold or platinum 50 „
1^.00
3. Other
Cocks and valves, excluding those made of, or combined or 50%
1.2. coated
Coated with
with precious
base metals:
metals
A.Other: OfEach
iron:weighing not more than 100 kilogrammes
b.c.a. Each weighing not moie than 1,000 kilogrammes 8.00
6.95
B.C. OtherOf brass or bronzes . Other 100adad val.
val.
kins 25%
25.80
30%
Hinges, furniture, hat-hooks, and metal fittings for doors, windows,
2.3.1. Coated
Made ofwith or&c.:
combined
base or coated with precious metals...
metals 3550 „„
Other;
B.A.C. Other
Of iron or bronze
OfJ^rass .'
100 kins 30.70
3051;
Locks
1.2. Made and keys:
of or combined or coated with precious metals ... 5035 „„
Caoted with base metals
3. A.Other:
B.C. OtherOf iron
Of brass or bronze ... 12.40
51.40
3051;
Platinum
Mechanics’ crucibles or dishes
tools, agricultural implements and parts there- 208.00
of, not otherwise I.... provided for:
2.3.1. Anvils
Hammers
Wrenches
;. ... ... ...
...
4.6. Pipe cutters and ratchets 100 kins
Tongs,
A. Other nippers and pliers:
Each weighing not more than 5 kilogrammes 23.30
6.7. B.Vices
Files,
2051;
5.60
A.B. Not Nothaving
more than
more thana length excluding the tangs:
10 centimetres
20 centimetres
C. Not Moremore thanthan 30 centimetres
8. D.Stocks
9. Augers and dies,
30 centimetres 1414.1040
10. A.Shovels White scoops:screw plates (including boxes)...
andhandles or 22.30
5.00
11. B.Other
Drills,
Other
20%3.60
framesbits, reamers, and screw taps, not having handles ...
Screw
Cutlery, jacks
Madenotofotherwise
2.1. A.Other: or combined provided for: with precious metal j
or coated
Pocket
a. ivory, knives:
With handles made of ororcombined
amelled mother-of-pearl tortoise with
shells,elephant’s
or en-
B. b.a.Table
Otherknives:
With handles made of ororcombined
... ...j
ivory, mother-of-pearl, tortoisewiishells
h elephant’s
or eu-[
b. Other
C. a.Pazors:
With
b. Other handles
D.E. Other
Swords , ..1 ... '... ... „. |1 4040 „„
Table forks or spoons:
2.1. A.Made
Uther:
Forks
of or combined or coated with precious metals
... i .
CorkscrewsB. Spoons 50.20
501
502 Capsules for bottles ... ... ... ..
... ... l,000pieces
1 gross
170.3520
0.10
503
504 Crown corkscases or shells, of metal
Cartridge 100 kins 42.00
505 Sewing personalof knitting
adornment: needles, and pins, excluding those for
64.20
2.1.3. Hand-sewing
Sewing
Knittingmachines
needles
machineneedles
needles
...j 464.00
180.00
4
Pens: Other ... 30%
1.2. Other
Of gold .. 500J6„
507
508 Copy
Call-bells, press ... . 4.70
44.00
509
610 Air pumpsand
Meatchoppers
alarm bells for vehicles
for cycles
... 13.50
12.60
611
612 Coffee millsfreezers
Ice-cream 13.50
13.00
513
514 Iron
Stoves:, pans for tea roasting or caustic soda manufacturing
1. AOf Enamelled
cast iron: 13.70
2. B.Other
Other 13.49
40%
Radiators:
1. Other
Of cast iron ... ... ... ... ....„ ...... 100 kins 6.60
2.
Bedsteads and parts thereof ad
100 val.
kms 10%
9.70
Safes and
Cash-registers, cash boxes
calculating machines, numbering machines, ad val. 40%
dating
parts thereofmachines, check perforators and the. like, and
Typewriters
Coins: and parts thefeof
1.2. Of gold : or silver
A.BOther
Home-currencies
Other... ... .
208 CUSTOMS TARIFF OF JAPAN
Unit.
621 Manufactures
combined ofor precious
coated metals
with and metal
precious metalsmanufactures
not other- Yen.
wise provided
Manufactures of for
copper, brass or bronze, not otherwise ad val. 50%
1.2. provided
Coated for: base metals
with
Other manufactures, not otherwise provided for ... 100 kins 40 „
48.00
623 Aluminium
Iron1. manufactures, not otherwise provided for: 92.00
624 Enamelled 13.60
2.3. Other:
Coated with base metals ad val. 40%
A.a.Cast:Each weighing
weighing not not more
more than
than 505 kilogrammes 100 kins 9.60
b.c. Other
Each kilogrammes ... 6.60
4.50
B. a.Other:Each weighing not not more than 505 kilogrammes 13/0
c.b. Other
r.ach weighing more
... than
...providedkilogrammes ... 8.50
6,00
626 Metal manufactures, not otherwise for 40%
Group XVI.—Clock, Arms, Watches,
Vessels andScientific
Machinery. Instruments, Fire-
626 Watches:
1. A.With Not gold or platinum
exceedingcylinder cases
40 millimetres: in diameter:
a.b. Other
Having escapements 10.50
40.90
B. Other:
a.b. Other
Having cylinder escapements 15.50
15.90
2. A.With silver or gilt40cases:
o.b.NotOtherexceeding
Having cylindermillimetres
escapementsin diameter: 0.95
1.35
B. a.Other:Having cylinder escapements 1.10
b. Other 1.50
3. A.Other Having : cylinder escapements 0.70
627 Parts B,ofOther
watches: 1.00
1. A.Cases, including those having glasses :
a.b.OfOther
gold
Not or platinum:
exceeding 40 millimetres in diameter 10.00
15.00
B. a.OfNot silver or gilt:40 millimetres in diameter
exceeding 0.45
b.Other Other 0,60
0.20
2. A.C.Movements,
Having cylinder including those having dials and hands :
escapements 0.50
3.4. B.Hair Other
Springs springs 0.35
6.6. Dials
Watch glasses 1.20
58.60
7.8. Jewels
Otheror for movements.. 15%
4040 „„
Standing
Watchman’s hanging clocks andclocks
other time-recording clocks
CUSTOMS TARIFF OF JAPAN
Rate of Duty,
Partsof ofwatchman’s standing orclocks
hanging clocks, of towers clocks Ten.
1. A.Movements: or other time-recording clocks:and
For watchman’s
clocks clocks or other time-recording 30%
B. a.Other: Each weighing
weighing not
not more
more than
than 101 kilogramme 100 kins 78.40
b.c. Other
Each kilogrammes ad vaL 45.90
40%
2.3. Springs ••• 100 kins 16.70
Hair springs 1 kin 1.60
4. Other and parts thereof, excluding those for 40%
Chronometers
pocketcompasses use and parts thereof
Mariners'
Binoculars and monoculars:
2.1. With
Telescope: Other prisms
102.00
2.1. Each
Microscopes Otherweighing and parts
not more than 1 kilogramme
thereof ••• 20%
Straight rules,
screw pitch calipers, squares, measuring
gauges, dividers, tapes,
thicknesslevels
gauges, wire gauges,
micrometers,
protractors, and the like :
2.3.1. OfOf wood
metal
A.B.Of Other
Intissue:
case
4. Other ad val.
Balances,
1. A.Platform with weights or not:
balances:
Each weighing not more
more than 40 kilogrammes 100 kins 12.00
7.50
C.B.Other
Each weighing not
Other than 450 - kilogrammes ... 5.15
2.
Parts of balances and weights
ad val. 2020%„
Gas1. meters:
Each weighing not more
more than
than 500
1 kilogramme 100 kins 22.00
2. Each weighing not
not 18.00
4.3.5. Other
Each
Each weighing weighing more than
not more 1,000kilogrammes
than 10,000 kilogrammes
kilogrammes ...
10.00
6.00
4.00
Water
1. Each meters:
Each weighing weighing not
not more
more than
than 5010 kilogrammes
kilogrammes 33.00
19.00
3.4.2. Other
Each weighing not more than 100 kilogrammes 14.00
7.00
Thermometers;
1.2. Other
Clinical thermometers, in case or not (including case) 116.00
20%
Barometers:
2.3.1. Aneroid
Barographs
Other barometers
100 kins
ad val. 63.40
20%
Ampere-meters and voltmeters 100 kins 62.50
Wattmeters
Pressure gauges, including vacuum gauges
Tachometers,
meters, dynamometers, ship’s logs, cyclometers,
steam engine indicators, and
pedometers anemo-the
like ' 20%
Electric
1. Accumulators batteries: 20 „
210 CUSTOMS TAKIFF OF JAPAN
Articles. Unit. KateofDuty..
2.3. Dry batteries 100 kins Yen.
13.80
548 Parts Other
of electric batteries, excluding carbon for electrical ad val. 25%
use:
549 2.1. Other
Surgical
Electrodes
or orthopedic
...*
instruments and parts thereof, not 2520 „„
550 otherwise provided for 20 „
Drawing or surveying
otherwise providedinstruments
forand partsand parts thereof, not 20 „
551 Philosophical instruments thereof, not otherwise 20 „
552 Magicprovided
lanterns,forcinematographs or kinetoscopes, and parts...
thereof 5060 „„
553
554 Photographic
Parts instruments
of photographic instruments:
1,2. lenses
Other 3050 „„
556 Phonographs,
Partsother and talkinggramophones
accessories and other talking
of phonographs, machinesand...
gramophones 50 „
1. A.Discs or machines:
cylinders for music :
With music recorded thereon 100 kins 74.30
557 2. B.Other
Musical
Other
instruments: ad val.
57.40
50%
2.3.1. Accordions
Pianos
Organs 100 kins 34.40
23.10
30.00
558 4. Other
Parts and accessories of musical instruments : ad val. 40%
2.1.3. Organ
Piano reeds
Other pins for winding wire 100 kins 28.00
3.00
559 Telegraphic and telephonic instruments and parts thereof, ad val. 40%
560 Fire-armsnot otherwise provided for
Eiflesand
1.2. Pistols and parts thereof:
sporting
or revolvers guns 1 piece 7.40
1.40
561 3. Othercarriages
Eailway and otherforvehicles, running <_n rails, ad val. 40%
562 Partsonnotofrails,
otherwise
locomotives,
not
provided
tenders and other vehicles, running
1. A.WheelsFor and axles : provided for:
otherwise
locomotives 100 kins 3.30
2.3. B.Buffers
Other
Tyres andforsprings ...
2.40
2.40
4.5. Controllers electric cars 5.00
8.00
563 Other
Automobiles 20%
564 Parts of automobiles, excluding motive machinery ... 5020 „„
565 Cycles:
1. With motive machinery
2. Other 1 piece 93.60
16.60
566 Parts of cycles,
1.2. Tyres excluding motive machinery:
Eims, spokes, nipples and mudchains,
guardssprocket-wheels, 100 kins 114.00
21.00-
3. Handle hubs bars, saddles,
(excluding pedals,
those with brakes) and roller
4. Coaster brakes, gear cases, free wheels and valves ......
brakes
CUSTOMS TARIFF OF JAPAN 211
Unit. Rate of Duty.
5. Otherand parts thereof, not otherwise provided for Yen.
Vehicles 40 %
Vessels:
1, thosePropelled
whoseby capacity
mechanicalis power
not toorbesails, excluding
measured by 1 gross
2. tonnage
Other
Steam boilers ... .. val.ton
100ad kins
15,00
15^
Parts and acees-ories
for:stokers of steam boilers, not otherwise
1.2. provided
Mechanical
Corrugated
Flanged boilerboiler
3.4. Other platefurnace tubes ... . 4.10
Fuel economizers 25^
Feed
Locomotiveswater-heaters
and tenders, running on rails:
1, A.Locomotives:
2. B,TendersOther ...by steam power
Propelled 9.00
io,eo
Steam locomotives not running on rails, and portable 20 %
6.60
20%
Steam
1, Each engines, not otherwise
weighing not more provided
than 1,000 for
250: kilogrammes... 16.00
3.4,2, ,,„., „„„ „„„ ,,„„ „„,, 50,000 kilogrammes...
5,000 kilogrammes...
kilogrammes... 9.00
8.00
6.00
5.6. Other ,, ,, „ „ ,, 100,000 kilogrammes... 4.40
Gas1. engines, engines: . ...
petroleum engines and hot-air kilogrammes. 4.00
2. Each weighing not more than 100 250 kilogrammes 30.00
20.00
9.00
3. ».„ 1,000 kilogrammes..
2,000 kilogrammes..
5.4. Other
Water turbines and Pelton wheels :
1.2, Each weighing not more than 1,000 500 kilogrammes.
kilogrammes. 9.60
5,000 kilogrammes.
10,000 kilogrammes... 8.00
7.00
5. Other electric motors, transformers,
Dynamos, converters and 5.40
armatures:
1.2. Each weighing not more than 2550 kilogrammes.. 26.00
100 kilogrammes..,
kilogrammes.., 16.00
14.00
250 kilogrammes.. 13.00
12.00
6.7. 500
1,000 kilogrammes..,
kilogrammes.. 10.00
8. Othercombined with motive machinery 5,000 kilogrammes.. 9.00
7.00
Dynamos : 20%
2.1. A.Combined
Combined with steam
with
Each weighing steam turbines
engines:
not more than 250 kilogrammes...
ad val.
15.20
500 kilogrammes.
kilogrammes... 100 kins 10.60
D.E. 1,000 10.20
8.80
,,„ 2,000 kilogrammes...
5,000 kilogrammes... 8.40
„„ 10,000 kilogrammes... 7.20
6.00
50,000 kilogrammes...
212 CUSTOMS TAB IFF OF JAPAN
No. Articles. Unit. Kate of Duty.
100 kins Yen.
5.40
H. Other
Each weighing not more that 100,000 kilogrammes 5.20
4. I.Combined with gas engines, petroleum engines, or
A.B.hot-air
Each engines:
weighing not more than 500 250 kilogrammes... 17.60
10.60
C.D. „„ „„„ „„„ „„„ „„„ 2,000
„ 1,000 kilogrammes...
kilogrammes... 12,20
„ „ „ „ „ 5,000 kilogrammes...
E.F. Other kilogiammes...
4, Other ad val.
581 WBlocks
otive machinery, not otherwise provided for
582 Ofand
2.1. A,Otherwood :
chain blocks: 30 „
Each weighing not more than 5 kilogrammes ...
B, Other 100 kins 305.50„
583 Cranes:
1.2. Other
Combined with motive machinery 5,00
4.70
584 Capstans, winches, windlasses
not otherwise provided for:and other winding machines,
1. A.Combined
Each with motive machinery: 8.00
„ „ ,. „ than
B.C. Other weighing net more 1,000 kilogrammes
„ 5,500 kilogrammes 600
586 2. Othermachines:
Dredging 3.85
1. Not framed ... 5,90
2C%
58fi 2.
Power Otherhammers: ad val.
1. A,Steam Eachoperated:
weighing not more
2, B.Other
Other * ... than 10,000 kilogrammes... 100 kins
587 Air compressors
compressors, ammonia compressors, and other gas ad val.
588 Sewing machines: 100 kins 7.10
589 2.1. Other
Parts
Without
and
stands, including tops of sewing machines.
accessories of sewing machines, excluding
16.30
11.10
needles:
590 2.1. Of
Diving Other cast iron
apparatus ad val. 6.70
25%
).2. Other
Diving dressesand parts thereof: 15.00'
591 Pumps, not otherwise provided for: ad1 piece
val, 20%
1. A.Of Eachiron: weighing not more than 100 kilogrammes 12.00
500 kilogrammes 100 kins 9.00
„,,„ 10,000
5,000
50,000
kilogrammes
kilogrammes
kilogrammes
8,00
7.00
2, F,
Other Other ... ... 4.60
Injectors ad val. 20%
1.2. Of
Other ironand ejectors: 100 kins 9.00
Blowing machines 68,60
20%
Hydraulic presses: not more than COO kilogrammes ad val.
1,2. Each„ weighing „ „ „ ,, 1000 kilogrammes 100 kins 9.00
8.00
CUSTOMS TARIFF OF JAPAN 21$
3.4. Each Yen.
„ weighing
5. Other „ not „more than 5,000 kilogrammes
„ 50,000 kilogrammes ...... 7.00
5.00
4.00
Pneumatic
Metalfor,or including tools
wood working 62.30
nail-makingbending rollingmachinery,
machines, machines,
moulding
notdrawing
otherwisemachines,,
machines,
provided
flanging'
machines, machines, rivetting kilogrammes &c.:j
machines, 27.50'
2.3.1. Each„„ weighing „„ not„„more than „„ 100 5025 kilogrammes
kilogrammes
...... 22.50'
14.30
4.5. „„ „„ ,,„ „„ 250 500 kilogrammes
kilogrammes ......
...
12.80
11.30-
6.7. „„ „„ 9.80
8.9. „„ „„ „„,, „.,„ 2,500
1,000 kilogrammes
kilogrammes ...... 6.80-
6.00'
10. Other „ „ 50,000 kilogrammes ......jj
5,000 kilogrammes 3.80
3.60-
Spinning weaving, machines,
and yarn preparatory machines
finishingscouring
or twistingfor spinning or
machines,
including
ing machines, ginningetc machines, machines, bundl-
Weaving looms: 2.90'
2.1. Other
Tissue
Of metal
finishing machines ad val. 16%
Knitting machines: 100 kins
1.2. Each Other weighing not more than 500 kilogrammes ...
Yarn
printing or tissue
machines,dyeing andmachines,
yarn orincluding yarn tissueor
tissue bleaching
mercerizing
Paper making machines
machines and preparatory machines for 15%
paper making 15 „
Printing machines:
2.1. Each
Machinery,Otherweighing not otherwise
not more than 250 kilogrammes ...
providedprovided
for for :
Parts of
1. A.IronToothedmachinery,
wheels:wheels otherwise
not
...
2. A.B.Rollers:
Other
Of Iron:
II.I.a.Other:
Carved..
Each
ad val.
10.70-
„„ weighing
c.b. Other „„ not more than 5 kilogrammes
„„ „,,100 kilogrammes
1,000 kilogrammes
100 kins 9.50-
5.80
d.
B. Ofa. copper, brass or bronze: 4.30
Carved
b. Other 22.20
10.90
C.D. Covered
Othercutters with copper, brass or bronze ad val. 2020%„
130.00
4.3.5. Milling
Saws
Iron for machinery
spindles or
and gear cutters
flyers for spinning or yarn twisting...
100 kins 11.10
20.60-
6. A.Travellers
Of iron, ofincluding
spinning or yarn
inner twisting
packings 43.90-
7. A.B.Bobbins
Other, including inner
Of woodfor spinning
packings
... ... or yarn twisting 11.30-
214 CUSTOMS TARIFF OF JAPAN
No. i Articles. Unit. Rate of Duty.
Ten,
20%
ad val.
[ 8. B.A.CardOtherOf cans:
metal 100 kins 4.10
B. Other ad val. 20%
9. A.CardCombined Clothing:with leather ... 100 kins 28.00
B.Shuttles
Other 24.86
12.60
10.
11. Reeds offelts
metalfor paper making 16.00
12. Endless 25.00
25.60
13.
| 14. Other Endless metal nets for paper making 20%
Group XVII.—Miscellaneous Articles.
€06 Copra (Oloiopeltis), sekkasai (Gelidium corneum) and free
€07 Funori
€08 Straw,Irish moss straw,
Panama ... palm leaves, rushes, reeds, vines,
1.2. willow
Bleached,
Other
wickers
dyed and the like :
or coloured ... ad val. 10%
5„
Rattan: free
610 2.1. Other
Bamboo
Unsplit 100 kins
ad val.
1.50
20%
€11 Cork and cork manufactures: free
1. Bark 10%
3. A.Stoppers Whollyandof cork
rings : 100 kins 9.30
40%
4.5. B.Other
Waste Otherand... old ad val. free
20%
Wood:
1. A.Cut,Kwarin, sawn, ortagayason
split, simply:
orebony
boxwood, (Baryxylumredrunfum,
red or rosewood, sandalLour),
woodtsuge
and
wood 100 kins 0.60
free
B.G. TeakLignum vitse
D.E. Oak Mahogany ad val. 10%
F. I.Pine, fir and cedar: 20 centimetres in length, 7 5..
Cedar,
centimetresnot exceeding
in width and 7 millimetres in thickness
II.a.Other: free
b. Not exceeding 65 millimetres in thickness
Other 100 kins 3.10
1.80
H.I.G. Other
Kiri (Paulownia
Shurochiku (Rhapistomentosa or Paulownia Fortonei)
flabelliformis)
... ... 1.60
2. A.Other: 16%
Wood
Wood shavings
B.C. Other flocks 2520 „„
€13
€14 Wood
Filter pith,
massinofsheet or notmatter
vegetable 266.80„
615 Firewood 100 kins
ad val. 10%
€16
€17 Charcoal
Animal charcoalincandescent electric lamps 150.40„
618 Filaments 100”kins
€19 Carbon forforelectrical use, not otherwise provided for ... ad val,
100 kins
20%1.30
CUSTOMS TARIFF OF JAPAN 215-
Rate of Duty.
Sparteriee
Plaits of straw or wood shaving, pure or mixed with one
1. another:
A.B.Straw Notplaits:
exceeding 6'105 millimetres
millimetresininwidth width 102.00
C. Not
Other exceeding 17.40
7.65
Mats2. Other or mattings, ...
1.2. textile
For fibres: made of vegetable materials excluding
packing free
A.B.Other: Of rush 3,20
a.OfOther
1.
coir:
Mattings 7.40
8.75
C. Other 35%
Manufactures
reeds,notbamboo, of straw, Panama
rattan, vines,straw, palmwickers,
leaves, rushes,
Umbrella like, otherwise
sticks, walking provided
sticks, forwillow
whips and their
or the
handles:
1. Made coated of or combined
withstones,
precious with precious metals, metals
precious pearls,metals,
corals,precious stones,
elephant’s ivory-semi-
2.
Umbrellas Other tortoise shells ... 4050 „„
1. Other
2. Whollyandorparasols: partly of silk 5040 ,,„
Wood
1. Combined manufactures, with not otherwise provided
precious metalsfor:coatedstones,
precious
pearls, metals,
corals, precious metals,
elephant’s stones,
ivory semi-precious
or tortoise shells
with
2. A.Other: Of Kwarin, tagayasan (Baryxylum runfum, Lour),
tsuge
wood and or box
ebonywood, woodred or rose wood, red sandal
B. Other: a. BentPicturewood frames 8.10
c.d.b. Pipes and chairsand...with
tubes
mouldings
rattan seat 13.70
25%
e.felt,Nails
Othertarred paper, and the like, coated with tar,
Tarred asphalt, gum sheating,
resin, &c.,&cand being used for roofing,
Boiler ship’s felts bottom ICO kins
Manufactures
wise providedof india-rubber
for: or gutta-percha, not other- ad val.
2.1. India-rubber
India-rubber paste,
unvulcanized
solutionreclaimed
(includingindia-rubber
india-rubber
receptacles)and other
20%
A3. Other:
Dental rubber
A.I. Soft:
75.80
II.InRods lumpsand cords:with metal, tissues, ... 20%
a. Combined
cords, or fibres yarns, threads, 8.65
b.
III. a.Plates Other and sheets:metal, tissues, yarns, threads, 20%
Combined
cords, or withfibres 7.40
CUSTOMS TARIFF OF JAPAN
Unit. Rate of Duty,
b. Other: 59.60
IY. a.Tubes: 2.1. Not
Otherexceeding 1 millimetre in thickness 50.30
b. Armoured
Other:
1. cords,
Combined
with metal, inside or outside
withortissues, yarns,insertion...
threads,
or fibres, with metal 13.80
93.20
V.YI. Belts 2. Other
and belting for machinery 22.20
a.Threads,
Combined
cords,
stripe,
or withbands,
fibresmetal,rings andyarns,
tissues, washers:
threads, 15.30
b. Other ... 55.60
24.90
VII. Erasers
VIII. Water bottles 48.50
IX Teats (including 132.00
X. Mats
XI. Other and mattingsinner packing) ad val. 4030 %„
B. I.Other: 35.40
II.InTubes
III.
lumps, bars or rods, plates and sheets
Rings and washersinner packings)
100 kins 38.90
43.70
IV. Combs (including 157.00
4G%
V.or Other
Wasteremanufacturing
old india-rubber and gutta-percha, fit only for ad val.
Hard fibresand(rods,
Celluloid plates, sheets, &c.) not otherwise pro- 100 kins
1.2. vided
In for: manufactures
lumps, hands, bars or
thereof,
rods, plates, sheets, tubes, &c. 37.50
Combs (including inner packings) 63.60
40 %
3. Other
Galalith and manufactures thereof, not otherwise provided
1.2. Other
In lumps, bands, bars or rods, plates, sheets, tubes, &c. 100ad kins 29.60
40%
Brushes and brooms: val.
1. Combined
precious with precious
metals, elephant’smetals,
ivory,metals coatedshell...
or tortoise with 4050 „„
2. Other
Lamps, lanterns and parts thereof :
1. Safetylight lampslamps 73.00
3.2. A.Side
Incandescent electric lamps: 30 %
a.b.With
Not carbon
Other exceeding filaments:
32 candle-power 100 kins 8,90
B.Sockets
Otherand shade holders 21.00
40%
5.4.6. Gas mantles 100adpieces
100
val.
kins 64.60
6.30
Films Other
for photograph : ad val. 40%
1.2. Developed
Sensitized (including
(including inner
inner packings)
packings) .. 1 kin 1.00
3. Other
Gelatin paper ad val. 40308.25%„
Artificial
fruits, fiowers,
&c., and including
parts thereofimitation
... leaves, imitation
Toilet cases 5050 „„
640 Articles for billiards, tennis, cricket, chess, and other
641 Topsgames, and accessories thereof
CUSTOMS TARIFF OF JAPAN 217-
Rate of Duty.
Models
Fodder for cattle:
1. Hay 100 kins
ad val, 0.18
2.
Wheat Other
bran 100 kins 0.20'
Rice
Manures,bran including oil cakes, uneatable dried fish, bone 0.00
dust, dried
of lime, blood, bone ashes, guano, super-phosphate
Articles, not &cotherwise provided for :
2.1. A.Raw
Other:
Combined with precious metals,stones,
metalssemi-precious
coated with
10%
precious
stones, metals,
pearls, precious
corals, elephant' s ivory or tortoise
shells
B. Other 50 „
40,,.
Note.—The unit of the rates of specific duty is Yen.
JAPAN’S IMPORT DUTIES ON LUXURIES AND
SIMILAR ARTICLES
Promulgated, Jult 1st, 1924
Import Duties of One hundred per cent, ad valorem are, for the time being,
imposed, instead of the duties prescribed in the Tariff annexed to the Customs
Tariff Law, on the articles which are enumerated in the Schedule annexed to the
present Law.
SCHEDULE
Vegetables,
excluded). fruit-* and nuts (2-A-4 A.metals,
Combined metals withcoatedprecious
with
Tea (Black dust teasubstitutes.
excluded). precious
stones, metals,
semi-precious precious
stones,
Mate and
Cocoa motother tea
sugared). pearls, corals, elephant’s ivory
Honey.
(Jams,
onfectionaries andandcakes. B. orManufactures
tortoise
Others: shells.
of chamois
chamois
Biscuits fruit(notjellies
mgared). the like. leather, of imitation
Fruit-juices and syrups. leather,
alligators of leather
crocodiles,of
Cheese.
Mineral
similarwaters,
beverages,sodanotwater, and
containing Feather and
and lizardandleather.
ofdowns:
sugar
Chinese or alcohol. 1. For ornament.
Manufactures of feather or bird’s
Beer, ale,liquors,
Alcoholic porter fermented.
and stout.
liquors, not otherwise skin withfor.feather,
provided not otherwise
provided
Beverages for.
and Manufactures of animal tusk, not
1, otherwise
Sugared. provided for: not
comestibles, otherwise provided
Manufactures of tortoise
otherwise provided for.
for.shell, not
Fursgoats(of untanned
hare, andexcluded).
of sheep and Corals.
Manufactures of Corals,
Fur provided
manufactures,
for. not otherwise wise provided
Pearls. for. not other-
Leather:
1. Ofhorses,
bulls, sheep
oxen, and
cows,goats:
buffaloes, Manufactures oftusk,
horn, tooth,provided skin,.shell,
hair, bone,
A. melled.
Lacquered, japanned or ena- otherwise
Volatile oils, vegetable: for. etc., not
2. Ofofchamois, including imitation 1. Fragrant.
Soaps.
4.5. Of chamois leather. Oil preparations
fats and waxes of oil,perfumed, and
Leather Of alligators
lizards.
manufactures,
and crocodiles.
not otherwise perfumed.
Perfumed waters.
fat or wax,
provided
3. Other: for: Musk.
Artificial musk.
JAPAN’S IMPORT DUTIES ON LUXURIES 219'
Articles. Tariff
Nos. Articles.
Nard
Cloves. or spikenard. mosquito
B. Other.nettings
Agalwood
Sandal or aloes-wood.
wood: 3.o. Other;
Veilings,
2. Other.camphor, blumea or ngai
Borneo A. Wholly
Embroidered or partly of silk.
tissues.
camphor
camphor. and artificial Borneo Waterproof
with tissues
india-rubber; coated or inserted
Vanillin, coumarin,
similar aromatic heliotropin,
chemicals, and
not 320 Elastic 1. Wholly
webbingor partly ofelastic
silk.
Toothotherwise
powders, provided
tooth for. toilet
wsahes, 1. elastic
Exceeding braid, or8andthecentimetres
like : cords,in
powders,
perfumeries and not other otherwise
prepared A.width:
Partly of silk.
Joss provided
sticks. for. 2. Other;
A. Woven:
a. Partly of silk.
Artificial
Eire work-. perfumeries. B Other:
Yarns, not otherwise provided silkfor : or 324 Handkerchiefs, a. Partly
single:of insilk.a square of
1. I’artly
metal. of silk, artificial Ex 2.6 millimetres
Of flax (having
Tissues oforflax, China grass, ramie, woof, more side,30inthreads;.
than warp and
hemp
one another, jute, pure or mixed with
including those 327 Travelling 4. Wholly or partly of silk.
rugs, singleof: silk.
5. mixed
Plain, withfigured
tissues, not
cotton: or brocaded
otherwise provided
1. Wholly
Carpets
1. Wholly
or partly
and carpetings
or :
Exfor:C-2. Other: Weighing not Table
Ex cloths,
2. Of single: or wool.
flax.
partly
more
per 100than 40 kilogrammes Wholly
having square
inside,
a square metres and
of 5 milli- bined orwitnpartly
embroidered. metalof threads,
silk, com-.r
(
metres
woof, more than in warp
30 and
threads. 330 Curtains and window blinds : com-
6. ExOther: Wholly
bined or partly of silk,
with metal threads, or
B-2. Other: Weighing not embroidered.
3. Other:
more
per 100thansquare
40 kilogrammes
metres and A. Of lace.
having inside, a square of 5 milli- 331 AirTrimmings.
metres
woof, more than in 30warp and 335
threads. 336 Redcushions.
quilts and cushions.
Tissues of wool, and mixed tissues of 343 Manufactures of tissues,
wool orand
silk, of cotton,cotton
wool, of and
woolsilkand: 1. wise
Wholly provided
or with for: ofnotsilk,other-or
partly
1. Velvets, plushes and other pile com bined
tissues, with piles, cut or_
uncut. metals
metals, coatedprecious
precious with
stones,
metal s,
precious
semi-
2. Other: precious stones,
C. Ofcotton
wool and and silk.
silk or of wool,. elephant’s
shells, or ivorypearls,
embroidered.
corals,
or tortoise
:
Silk not
tissues, and provided
otherwise silk mixedfor:tissues 344 Raincoats:
1. Velvets, 1. Wholly orcollars
partlyand
of silk.
tissues, with and
uncut.
plashes piles,othercut pileor 345
346 Shirts,
Undershirts
1
fronts,and
Knitted: drawers. cuffs.
3. Other: C. Wholly or partly of silk.
Stockinet
raised and
or similar knitted tissues,
not: 2. Other:
1. Wholly or partly A. Wholly or partly of silk.
Bare tissues and nettedoftissues;
silk. 347
348 Gloves.
Stockings
1. Curtaininss;
B. Other. wool
excluded'orand.ofsocks
wool (ofandcotton, of
cotton,,
220 JAPAN'S IMPORT DUTIES ON LUXURIES
Tariff Articles. Tariff
Nos. Articles.
Nos.
349Shawls, comforters and mufflers. Ex
424 Manufactures of gypsum :animal.
350Neckties.
Trouser suspenders or braces. Figures,nothuman andprovided
351
352Belts. 439 Potteries, otherwise for
Sleeveders,suspenders, (insulators
and excluded).
353 and the like.stocking suspen- 453 Spectacles 1. With
eyeglasses:
frames ormetals
handles
354 Hatsandandhoods: hat bodies,
combined caps,or trimmed
bonnets precious
with preciousmetals,
metals, coatedof
elephant’s
with
coated withprecious metals, metals ivory or tortoise shells.
precious stones,precious metals, 4,,4! Looking glasses or mirrors:
semi-precious I. Combined
stones,
2. artificial
pearls,
Other: flowers, etc.
corals, feathers, metals with
ormetals. coatedprecious metals
with precious
A.0. Wholly or partly 457 Glass manufactures, not otherwise pro-
Ofvegetable
Panama straw ofor silk.
fibres. similar 475 Gilt vided for (2-A
or silvered excluded).
metals.
D. Ofpurestrawor ormixed woodwith shaving,
one 489 Chains, not otherwise provided for:
another. 1. Made
with of,precious
or combined
metals. or coated
355 Boots,andShoes, slippers, sandals, clogs,
the like (of rubber, excluded). 491 Chainsor forother watches,
Shoe laces.
356 Jewelry 493 Hinges, personalspectacles,
hat-hooks, and
eyeglasses
adornment.
metal fittings
359
369 Clothing for personal adornment.
andnotaccessories orprovided
parts for doors, windows, furnitures, etc.
thereof, otherwise 1. Made
for: with precious metals. coated
of, or combined or
1. Wholly
orbinedsilk,orortrimmed
orpartly
madeofwith
of,fur,orprecious
feather
com- Locks and Keys:
1. Made
with of,precious
or combined
metals. or coated
metals, metals
cious metals, precious coated with pre- Cutlery, not otherwise provided for;
semi-precious
corals, stones,ivory,stones,
elephant’s pearls,or 1. Made
with of, or combined
precious metals. or coated
tortoise shells, or embroidered. 2. A.Others:
373 Imitation
and wax parchment,
paper paraffin paper a.Pocket
With
combined
knives;
handleswithmade of or
elephant’s
1. Covered with, or with applica- ivory, mother
tion of metal foil
powder, embossed or printed. or metal
B. a.Tabletortoise shells, or enamelled.or
knives:
of pearl
378 Papers, not otherwise provided for With handles made of or
379 Paper (4-Blacesexcluded).
and paper borders. combinedmother with ofelephant’s
Albums. ivory, pearl or
391 Playing Cards.
Photographs. 500 Table forkstortoiseor spoons shells, or enamelled.
392 Caligraphies andandpictures. 1. Made of,
with precious or combined
metals.metalscoated
or
393 Picture
394 Card calendars
post cards. block calendars. 521 Manufactures of precious and
395 Precious
Christmasstones.cards and the like. metal manufactures
coated preciousfor.combined
withprovided metals, notor
412
413 Semi-precious stones, and manu- 526 Watches: othenvise
factures
provided thereof
for. notthereof: otherwise 1. With gold or platinum cases.
414 Stones and manufactures 527 Parts of watches:
2. B.Other: 1. Case,
glasses; including ' those having
Other. A. Of gold or platinum.
415 Amber and manufactures thereof, 8. A.Other:
not otherwise
417 Meerschaum provided
or artificial for.
meerschaum Ex Of gold or platinum.
and manufactures thereof. 528 Standing clocks.
JAPAN’S IMPORT DUTIES ON LUXURIES 221
Binoculars and monoculars (with Umbrella
whips andsticks,
their walking sticks,
haudles.
precious
with precious metals, metalsprecious
metals, coated Umbrellas
1. Wholly and parasols.
or partly not of silk.
stones,
pearls, corals, semi-precious stones, Wood manufactures,
provided for; preciousotherwise
tortoise shells orelephant’s
shells). ivory, 1. Combined
metals with
coated with metals,
precious
Photographic
with a lenseinstruments
of focus (Pittedof metals, precious stones, semi-
17 centimetres
aperture of 16 or less,distances
centimetres or having
or lessor
precious stones,
elephant’s
shells. ivorypearls, corals,
or tortoise
inlesslength
in or of 11 centimetres
width). 2. A.Others;
Of Kwarin, tagayasan
Parts
Ex 1.of17Lenses
photographic
(of focusinstruments;
distance of (Baryxylum
tsuge runfum.
orredboxwood, redwoodorLour),
rose
centimetres
Ex 2.16Camera (havingor less). wood, sandal and
centimetres
length, or of 11 or less inorof
aperture
centimetres Brushes ebony
and
1. Combined
wood.
brooms:
with precious metals,
less in width).
Phonographs, gramophones, and metals
metals, coated
elephant’swithivoryprecious
or
Partsother
and talking
accessoriesmachines.
of
gramophones and other talkingphonographs, tortoise
Filmscinematograph shells.
for photograph (films
excluded).imitationfor
machines.
Fire-arms Artificial flowers, including
1. Riflesand
Woods: andparts
sportingthereof:
guns. leaves,
and parts imitation
thereof. fruits, etc.
1. Cut, sawn or split, simply: Toilet cases.
A. Kwarin,
xylum tagayasan
runfum, (Bary-
Lour),or Articles
and for billiards,
other games, and cricket, chess
accessories
tsugewood,
rose or box redwood,
sandal red
wood thereof
baseball, (articles
football andforaccessories
tennis,
and
ebonyebonywood wood >
withexcluding
white Toys.thereof excluded).
2. Other; streaks). Articles, not otherwise provided for;
2. A.Other;
Ex (BaryxyJum
D. Kwarin,runfum, Tagayasan Combined withcoated precious
tsuge
red or orrose boxwood,Lour),
wood,
red
metals,
precious metals
metals, with
precious
sandal wood and ebony stones,
pearls, semi-precious
corals, shells. stones,
elephant’s
wool (excluding
wood with white streaks). ebony ivory or tortoise
CONVENTION BETWEEN THE UNITED KINGDOM AND*
JAPAN EOR THE PROTECTION OE THE ESTATES
OE DECEASED PERSONS
Signed at Tokyo, April 26th, 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 exist 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, Yiscount Aoki Siiizo, Junii, First Class of the-
Imperial Order of the Eising 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 due form, have agreed upon the following Articles:—
Art. I.—Whenever a subject of one of the high contracting 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, Yice-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, Yice-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 bis 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, Yice-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.
CONVENTION BETWEEN JAPAN AND INDIA 223
Art. II.—The stipulations of the present Convention shall be applicable, so far
vi, 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 Tasmania
The Dominion of Canada New South Wales South Australia
Newfoundland Victoria Western Australia
The Cape Queensland New Zealand
Provided always that the stipulations of the present Convention shall be made
I 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
f Britannic Majesty’s Representative at Tokyo, within two years from the date of the
I 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, t<3 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.
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.s.] Ernest Mason Satow.
SlTTZO VlCOMTE AkOI.
CONVENTION REGARDING THE COMMERCIAL
RELATIONS BETWEEN JAPAN AND INDIA
Signed at Tokyo on the 29th day of August, 1904
His Majesty the Emperor of Japan and His Majesty the King of the United
Kingdom of Great Britain and Ireland and of the British Dominions beyond the
Seas, Emperor of India, being equally desirous of facilitating the commercial
relations between Japan and India have resolved to conclude a Convention to that
effect, and have named as their respective Plenipotentiaries :
His Majesty the Emperor of Japan, Baron Jutaro Komura, Jusammi, First
Class of the Imperial Order of the Rising Sun, His Imperial Majesty’s Minister of
State for Foreign Affairs ; and
His Majesty the King of the United Kingdom of Great Britain and Ireland
and of the British Dominions beyond the Seas, Emperor of India, Sir Claude
Maxwell Macdonald, Knight Grand Cross of the Most Distinguished Order of St.
Michael and St.. George, Knight Commander of the Most Honourable Order of the
Bath, His Britannic Majesty’s Envoy Extraordinary and Minister Plenipotentiary;
224 TREATY OP COMMERCE AND NAVIGATION
Who, having reciprocally communicated their full powers, found in good and due-
form, have agreed as follows:—
Art. I.—Any article, the produce or manufacture of the dominions and posses-
sions of His Majesty the Emperor of Japan, shall enjoy, upon importation into India
the lowest customs duties applicable to similar products of any other foreign origin.
Art. II.—Reciprocally any article, the produce or manufacture of India, shall
enjoy, upon importation into the dominions and possessions of His Majesty the
Emperor of Japan, the lowest customs duties applicable to similar products of any
other foreign origin.
Art. III.—The privileges and engagements of the present Convention shall
extend to Native States of India which by treaty with His Britannic Majesty or
otherwise may be entitled to be placed with regard to the stipulations of the
Convention on the same footing as British India.
His Britannic Majesty’s Government shall communicate from time to time to-
the Imperial Government of Japan a list of these States.
Art. IV.—The present Convention shall be ratified and the ratifications shall be
exchanged at Tokyo as soon as possible. It shall come into effect immediately after
the exchange of ratifications, and shall remain in force until the expiration of six
months from the day on which one of the high contracting parties shall have
announced the intention of terminating it.
In witness whereof the above-mentioned Plenipotentiaries have signed the
present Convention and have affixed thereto their seals.
Done in duplicate at Tokyo, in the Japanese and English languages, this 29th
day of the 8th month of the 37th year of Meiji, corresponding to the 29th day of
August of the year one thousand nine hundred and four.
[l. s.] Baron Jutaro Komura,
His Imperial Japanese Majesty's
Minister of State for Foreign Affairs.
[l. s.] Claude M. Macdonald,
His Britannic Majesty’s Envoy
Extraordinary and Minister Plenipotentiary.
TREATY OF COMMERCE AND NAVIGATION BETWEEN
GREAT BRITAIN AND JAPAN
Signed at London, 3rd April, 1911
Preamble
His Majesty the Emperor of Japan and His Majesty the King of the United'
Kingdom of Great Britain and Ireland and of the British Dominions beyond the
Seas, Emperor of India, being desirous to strengthen thfe relations of amity and
good understanding which happily exist between them and between their subjects,
and to facilitate and extend the commercial relations between their two countries,
have resolved to conclude a Treaty of Commerce and Navigation for that purpose,
and have named as their Plenipotentiaries, that is to say:
BETWEEN GKEA.T BRITAIN AND JAPAN 225
His Majesty the Emperor of Japan, His Excellency Monsieur Takaaki Kato,
IJusammi, First Class of tne Order of the Sacred Treasure, His Imperial Majesty's
' Ambassador Extraordinary and Plenipotentiary at tbe Court of Sr. James; and His
’ Majesty the King of the United Kingdom of Great Britain and Ireland and of the
[British Dominiuns beyond the Seas, Emperor of India, the Bight Honourable Sir
[Edward Grey, a Baronet of the United Kingdom, a Member of Parliament, His
[Majesty’s Principal Secretary of State for Foreign Affairs; who, after having com-
1 municated lo each other their respective full powers, found to be in good and due
form, have agreed upon the following Articles:—
Art. I.—The subjects of each of the high contracting parties shall have full
liberty to enter, travel, and reside in the territories of the other, and, conforming
themselves to the laws of the country—
1. —Shall in all that relates to travel and residence be placed in all respe
the same footing as native subjects.
2. —They shall have the right, equally with native subjects, to cai-ry o
commerce and manufacture, and to trade in all kinds of merchandise of lawful com -
merce, either in person or by agents, singly or in partnerships with foreigners or
native subjects.
3. —They shall in all that relates to the pursuit of their industries, calling
fessions, and educational studies be placed in all respects on the same footing as the
subjects or citizens of the most favoured nation.
4. —They shall be permitted to own or hire and occupy houses, manufac
warehouses, shops, and premises which may be necessary for them, and to lease
land for residential, commercial, industrial, and other lawful purposes;, in the same
manner as native subjects.
5. —They shall, on condition of reciprocity, be at full liberty to acqui
possess every description of property, movable or immovable, which the laws of the
country permit, or shall permit the subjects or citizens of any other foreign country
to acquire and possess, subject, always to the conditions and limitations prescribed in
such laws. They may dispose of the same by sale, exchange, gift, marriage, testa-
ment, or in any other manner, under the same conditions which are or shall be estab-
lislied with regard to native subjects. They shall! also be permitted, on compliance
with the laws of the country, freely to export the proceeds of the sale of their pro-
perty and their goods in general without being subjected as foreigners to other O'-
higner duties that, those to which subjects of the country would be liable under
similar circumstances.
6. —They shall enjoy constant and complete protection and security fo
persons and property; shall have free and easy access to the Courts of justice and
other tribunals in pursuit and defence of their claims and rights; and shall have full
liberty, equally with native subjects, to choose and employ lawyers and advocates to
represent them before such Courts and tribunals; and generally shall have the same
rights and privileges as native subjects in nil that concerns the administration
of justice.
7. —Thev shall not be compelled to pay taxes, fees, charges, or contribut
any kind whatever other or higher than those which are or may be paid by native
subjects or the subjects or citizens of the most favoured nation.
8. —And they shall enjoy a perfect equality of treatment with native subj
all that relates to facilities for warehousing under bond, bounties, and drawbacks.
Art. II.—The subjects of each of the high contracting parties in the territories
of the other shall be exempted from all compulsory military services, whether in the
army, navy, national guard, or militia; from all contributions impose l in lieu ot
personal service; and from all forced loans and military requisitions or contributions
unless imposed on them equally with native subjects as owners, lessees, or occupiers
of immovable property.
9
226 TREATY OF COMMERCE AND NAVIGATION
In the above respects the subjects of eacli of the hi"h contracting parties shall
no* be accorded in the territories of the other less favourable treatment than that
which is or may be accorded to subjects or Citizens of the most favoured nation.
Art. III.—The dwellings, warehouses, manufactories, and shops of the subjects
of each of the high contracting parties in the territories of the other, and all pre-
mises appertaining thereto used for lawful purposes, shall be respected. It shall not
be allowable to proceed to mate a domiciliary visit to, or a search of, any such
buildings and premises, or to examine or inspect books, papers, or accounts, except
under the conditions and with the forms prescribed by the laws for native subjects.
Art. IV.—Each of the high contracting parties may appoint Consuls-Gfeneral,
Consuls, Vice-Consuls, and Consular Agents in all ports, cities, and places of the
other, except in those where it may not be convenient to recognise such officers.
Tins exception, however, shall not be marie in i-egard to one of the high contracting
parties without being made likewise in regard to all other Powers.
Such Consuls-Geneial, Consuls, Vice-Consuls, and Consular Agents, having re-
ceived exequaturs or other sufficient authorisations from the Government of the
country to which they are appointed, shall have the right to exercise their functions,
ami to enjoy the privileges, exemptions, and immunities which are or may be granted
to the Consular officers of the most favoured nation. The Government issuing ex-
equaturs or other authorisations has the right in its discretion to cancel the same on
explaining the reasons for which it is thought proper to do so.
Art. V.—In case of the death of a subject of one of the high contracting
parties in the territories of the other, without leaving at the place of his decease any
person entitled by the laws of his country to take charge of and administer the
estate, the competent Consular officer of the State to which the deceased belonged
shall, upon fulfilment of the necessary formalities, be empowered to take custody of
and administer the estate in the manner and under the limitations prescribed by the
law of the country in which the property of the deceased is situated.
The foregoing provision shall also apply in case of a subject of one of the high
contracting parties dying outside the territories of the other, but possessing property
therein, without leaving any person there entitled to take charge of and administer
the estate.
It is understood that in all that concerns the administration of the estates of
deceased persons, any right, privilege, favour, or immunity which either of the high
contracting parties has actually granted, or may hereafter grant, to the Consular
officers of any other foreign State shall be extended immediately and unconditionally
to the Consular officers of the other high contracting party.
Art. VI.—There shall be between the territories of the two high contracting
parties reciprocal freedom of commerce and navigation. The subjects of each of the
high contracting parties shall have liberty freely to come with their ships and
cargoes to all places, ports, and rivers in the territories of the other, which are or
may be opened to foreign commerce, and, conforming themselves to the laws of the
country to which they thus come, shall enjoy'the same rights, privileges, liberties,
favours, immunities, and exemptions in matters of commerce and navigation as are
or may be enjoyed by native subjects.
Art. VII.—Articles, the produce or manufacture of the territories of one high
contracting party, upon importation into the territories of the other, from whatever
place arriving, shall enjoy the lowest rates of Customs duty applicable to similar
articles of any other foreign origin.
No prohibition or restriction shall be maintained or imposed on the importation
of any article, the produce or manufacture of the territories of either of the high
contracting parties, into the territories' of the other, from whatever place arriving,
which shall not equally extendi to the importation of the like articles, being the pro-
duce or manufacture of aiiy other foreign country. This provision is not applicable
to the sanitary or other prohibitions occasioned by the necessity of securing the
safety of persons, or of cattle, or of plants useful to agriculture.
I BETWEEN GREAT BRITAIN AND JAPAN . 227-
Art. VIII.—The articles, the produce or manufacture"of the United Kingdom, enu-
nmerated in Part I. of the Scheduleannexedto this Treaty, shalTnot, on importation
minio Japan, be subjected to higher Customs duties than those specified in the Schedule.
The articles, the produce or manufacture of Japan, enumerated in Part II. of
1 the Schedule annexed to this Treaty, shall be free of duty on importation into the
DUnited Kingdom,
Provided that if at any time after the expiration of one year from the date this
!l Treaty takes effect either of the high contracting parties desires to make a modi-
I fication in the Schedule it may notify its desire to the other high contracting party,
i and thereupon negotiations for the purpose shall be entered into forthwith. If the
^negotiations are not brought to a satisfactory conclusion within six months from tin*
| date of notification, the high contracting party which gave the notification may,
I within one month, give six months’ notice to aborgate the present Article, and on
f) the expiration of such notice the present Article shall cease to have effect, without
j prejudice to the other stipulation of this Treaty.
Art. IX.—Articles, the produce or manufacture of the territories of one of the
i high contracting parties, exported to the territories of the other, shall not be sub-
| jected on export to other or higher charges than those on the like articles ex-
( ported to any other foreign country. Nor shall any prohibition or restriction be
1 imposed on the exportation of any article from the territories of either of the two
High Contracting Parties to the territories of the other which shall not equally
> extend to the exportation of the like article to any other foreign country.
Art. X,—Articles, the produce or manufacture of the territories of one of the
high contracting parties, passing in transit through the territories of the other, in
conformity with the laws of the countiy, shall be reciprocally free from all transit
duties, whether they pass direct, or whether during transit they are unloaded, ware-
housed, and reloaded.
Art. XI.—No internal duties levied for the benefit of the State, local authorities,
i or corporations which affect, or may affect, the production, manufacture, or consump-
! tion of any article in the territories of either of the high contractintc parties shall
for any reason be a higher or more burdensome charge on articles the produce or
manufacture of the territories of tti'e other than on similar articles of native origin.
The produce or manufacture of the territories of either of the high contracting-
parties imported into the territories of the other, and intended for warehousing or
transit, shall not be subjected to any internal duty.
Art. XII.—Merchants and manufacturers, subjects of one of the high contract-
ing parties, as -well as merchants and manufacturers domiciled and exercising their
commerce and industries in the territories of such party, may, in the territories of
the other, either personally or by means of commercial travellers, make purchases or
collect orders, with or without samples, and such merchants, manufactnrers, and
their commercial travellers, while so making purchases and collecting orders, shall
iu the matter of taxation and facilities, enjoy the most favoured nation treatment.
Articles imported as samples for the purposes above-mentioned sha'l, in each
country, be temporarily admitted free of duty on compliance with the Customs rre-
gulations and formalities established to assure their re-exportation or the payment of
the prescribed Cu.-toms duties if not re-exported within the period allowed by law.
But the foregoing privilege shall not extend to articles which, owing to their quantity
or value, cannot be considered as samples, or which, owing to their nature, could not
be identified upon re-exportation. The determination of the question of the qualifica-
tion of samples for duty-tree admission rests in all cases exclusively with the com-
petent authorities of the place where the importation is effected.
Art. XIII.—The marks, stamps, or seals placed upon the samples mentioned in
the preceding Article by the Customs authorities of one country at ' he time of ex-
portation, and the officially-attested list of such samples containing a full description
thereof issued by them, shall by reciprocally accepted by the Customs officials of the
other as establishing their character as samples and exempting them from inspe3tion
except so far as may be necessary to establisji that the samples produced are those
8*
2J8 TREATY OF COMMERCE AND NAVIGATION
enumerated in the list. The Customs authorities of either country may, however,
Hffix a supplementary mark to such samples in special cases where they may think
this precaution necessary.
Art. XIV. —The Chambers of Commerce, as well as such other Trade Association,
and other recognised Commercial Associations in the territories of the high con-
tracting Parties as may be authorised in this behalf, shall be mutually accepted as
competent authorities for issuing any certificates that may be required for com-
mercial travellers.
Art. XV.—Limited liability and other companies and associations, commercial,
industrial, and financial, already or hereafter to he organised in accordance with the
laws of either high contracting party, are authorised, in the territories of the others
to exercise their right and appear in the Courts either as plaintiffs or defendants,
subject to the laws of such other party.
Art. XVI.—Each of the high contracting parties shall permit the importation or
exportation of all merchandise which may be legally imported or exported, and also
the carriage of passengers from or to their respective territories, upon the vessels of
the other; and such vessels, their cargoes, and passengers, shall enjoy the same
privileges as, and shall not be subjected to, any other or higher duties or charges
than national vessels and their cargoes and passengers.
Art. XVII.— In all that regards the stationing, loading, and unloading of vessels
in the ports, docks, roadsteads, and harbours of the high contracting parties, ho
privileges or facilities shall be granted by either party to national vessels which are
not equally, in like cases, granted to the vessels of the other country; the intention of
the high contracting parties being that in these respects also the vessels of the two
countries shall be treated on the footing of perfect equality.
Art. XVIII.—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 purpose of this Treaty, be deemed Japanese and British
vessels respectively.
Art. XIX.—No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or
other analogous duties or charges of whatever nature, or under whatever denomina-
tion, levied in the name or for the profit of Government, public functionaries, private
individuals, corporations or establishments of any kind, shall be imposed in the ports
of either country upon the vessels of the other which shall not equally, under the
same conditions, be imposed in like cases on national vessels in general, or vessels to
the most-favoured nation. Such equality of treatment shall apply to .the vessels of
either country from whatever place they may arrive and whatever may be their
destination.
Art. XX.—Vessels charged with performance of regular scheduled postal service
of one of the high contracting parties shall enjoy in the territorial waters of the
other the same special facilities, privileges, and immunities as are granted to like
vessels of the most, favoured nation.
Art. XXI.—The coasting trade of the high contracting parties is excepted from
the provisions of the present, Treaty, and shall be regulated according to the laws of
Japan and the United Kingdom respectively. It is, however, understood that the
subjects and vessels of either high contracting party shall enjoy in this respect
most favoured nation treatment in the territories of the other.
Japanese and British vessels may, nevertheless, proceed from one port to an-
other, either for the purpose of landing the whole or part of their passengers or
cargoes brought from abroad, or of taking on board the whole or part of their pas-
sengers or cargoes for a foreign destination.
It is also understood that, in the event of the coasting trade of either country being
exclusively reserved to national vessels, the vessels of the other country, if engaged
in trade to or from places not within the limits of the coasting trade so reserved,
shall not be prohibited from the carriage between two ports of the former country of
passengers holding through tickets or merchandise consigned on through bills of lad-
ing to or from places not within the above-mentioned limits, and while engaged in
BETWEEN GREAT BRITAIN AND JAPAN 229
such carriage these vessels and their cargoes shall enjoy the full privileges of this
Treaty.
Art.* XXII.—If any seaman should desert from anv ship belonging to either of the
high contracting parties in the territorial waters of the other, the local authorities
shall, within the limits of law, be bound to give every assistance in their power for
the recovery of such deserter, on application to that effect being made to them by the
competent Consular officer of the country to which the ship of the deserter may belong,
accompanied by an assurance that all expense connected therewith will be repaid.
It is understood that this stipulation shall not apply to the subjects of the
■country where the desertion takes place.
Art. XXIII.—Any vessel of either of the high contracting parties which may be
compelled, by stress of weather or by accident, to take shelter in a port of the other
shall be at liberty to refit therein, to procure all necessary stores, and to put to sea
■again, without paying any dues other than such as would be payable in the like case
■ by a national vessel. In case, however, the master of a merchant-vessel should be
under the necessity of disposing of a part of his merchandise 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 vessel of one of the high contracting parties should run aground or be
wrecked upon the coasts of the other, such vessel, and all parts thereof, and all
furniture and appurtenances belonging thereunto, and all goods and merchandise
saved therefrom, including any which may have been cast into the sea, or the pro-
ceeds thereof, if sold, as well as all papers found on board such stranded or wrecked
vessel, shall be given up to the owners or their agents when claimed by them. If
there are no such owners or agents on the spot, then the same shall be delivered to
the Japanese or British Consular officer in whose district the wreck or stranding may
have taken place upon being claimed by him within the period fixed by the laws of
the country, and such Consular officer, owners, or agents shall pay only the expenses
j incurred in the preservation of the property, together with the salvage or other ex-
! penses which would have been payable in the like case of a wreck or stranding of a
national vessel.
The high contracting parties agree, moreover, that merchandise saved shall not
be subjected to the payment of any Customs duty unless cleared for internal con-
sumption.
In the case either of a vessel being driven in by stress of weather, run aground,
or wrecked, the respective Consular officers shall, if the owner or master or other
agent of the owner is not present, or is present and requires it, be authorised to
interpose in order to afford the necessary assistance to their fellow-countrymen.
Art. XXIV.—The high contracting parties agree that in all that concerns com-
merce, navigation, and industry, any favour, privilege, or immunity which either
high contracting party has actually granted, or may hereafter grant, to the ships,
subjects, or citizens of any other foreign State shall be extended immediately and
unconditionally to the ships or subjects of the other high contracting party, it
•being their intention that the commerce, navigation, and industry of each country
shall be placed in all respects on the footing of the most favoured nation.
Art. XXV.—The stipulations of this Treaty do not apply to tariff concessions
granted by either of the high contracting parties to contiguous States solely to
facilitate frontier traffic within a limited zone on each side of the frontier, or to the
treatment accorded to the produce of the national fisheries of the high contracting
parties or to special tariff favours granted by Japan in regard to fish and other
aquatic products taken in the foreign waters in the vicinity of Japan.
Art. XXVI.—The stipulations of the present Treaty shall not be applicable to any
of His Britannic Majesty’s Dominions, Colonies, Possessions, or Protectorates beyond
the Seas, unless notice of adhesion shall have been given on behalf of any such
Dominion, Colony, Possession, or Protectorate by His Britannic Majesty’s Repre-
sentative at Tokyo before the expiration of two years from the date of the exchange
•of the ratifications of the present Treaty.
230 TREATY OF COMMERCE AND NAVIGATION
Art. XXVII.—The present Treaty shall be ratified, and the ratifications exchanged
at Tokyo as soon as possible. It shall enter into operation on the 17th July, 1911,
and remain in force until the 16th July, 1923. In case neither of the high con-
tracting parties shall have given notice to the other, twelve months before the ex-
piration of the said period, of its intention to terminate the Treaty, it shall continue
operative until the expiration of one year from the date on which either of the high
contracting parties shall have denounced it.
As regards the British Dominions, Colonies, Possessions, and Protectorates to
which the present Treaty may have been made applicable in virtue of Article XXVI.,
however, either of the high contracting parties shall have the right to terminate it
separately at any time on giving twelve months’ notice to that effect.
It is understood that the stipulations of the present and of the preceding Article
referring to British Dominions, Colonies, Possessions, and Protectorates apply also
to the island of Cyprus.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty, and have affixed thereto the seal of their arms.
Done at London in duplicate this 3rd day of April, 1911.
(Signed) Takaaki Eato [l.s.]
„ B. Gbey „ ,
SCHEDULE
Part I.
No. in Japanese Description of Unit of Bate
Statutory Tariff. Article. Weight. inof Duty
Yen.
266.—Paints:—
4. Other:
A. Each weighing not more than 6 kilogrammes including the
weight of the receptacle 100 kin. 4.2fi
Other (including receptacles.)
Io0 kin. 3.30-
275.—Linen Yarns:—
1. Single:
A. Gray 8.60
B. Other 9.25
298.-^Tissues of Cotton:—
1. Velvets, plushes, and other pile tissues, with piles cut or uncut:
A. Gray 25.50
B. Other 30.00
7. Plain tissues, not otherwise provided for:
A. Gray:
Al. Weighing not more than 5 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less . ... 15.3G
b. 27 20.70
c. 35 28.70
d. 43 „ „ ;;; ;;; ;;; "■ ;;; 38.00-
e. More than 43 threads ... . ... ... 51.30
BETWEEN GREAT BRITAIN AND JAPAN 231
No. in Japanese Description of Unit of ofBate
Statutory Tariff. Article. Weight. in DutyYen.
A2. Weighing not more than 10 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less 100 kin. 8.30
b. 27 „ „ „ 10.50
c. 35 „ „ „ 13.50
d. 43 „ „ „ 16.50
e. More than 43 threads 18.70
A3. Weighing not more than 20 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof •
a. 19 threads or less 6.70
b. 27 „ „ 8.30
c. 35 „ „ ... 10.50
d. 43 „ „ 13.50
e. More than 43 threads 14.70
A4. Weighing not more than 30 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less ... 6.00
b. 27 „ „ 6.70
c. 35 „ „ 8.00
d. 43 „ „ 10.70
e. More than 43 threads 13.30
A5. Other ... „ 9.30
B. Bleached simply ...The above duties on gray tissues plus 3 yen per 100 kin.
C. Other „ „ „
:299. Other:
A. Gray:
A\. Weighing not more than 5 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less 100 km. 16.00
b. 27 „ 21.30
c. 35 „ „ „ 29.30
d. 43 „ „ ... „ 39.30
e. More than 43 threads „ 53.30
A2. Weighing not more than 10 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 19 threads or less ... 8.00
b. 27 „ 10.00
c. 35 „ „ 14.30
d. 43 „ „ ... 18.00
e. More than 43 threads ... 20.00
A3. Weighing not more than 20 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof :
а. 27 threads or less 8.00
б. 35 „ 11.30
c. 43 „ „ 15.00
d. More than 43 threads 18.80
232 TREATY OF COMMERCE & NAVIGATION" BETWEEN GT. BRITAIN A JAPAN
No. in Japanese Description of Unit of ofRate
Statutory Tariff. Article. Weight. in Duty
Yen.
A4. Weighing not more than 30 kilogrammes per 100 square
metres, and having in a square of 5 millimetres side in
warp and woof:
a. 27 threads or less 100 kin. 7.30
b. 35 „ „ „ 8.70
c. 43 „ „ „ 11.30
d. More than 43 threads ,, 14.70
A5. Other „ 10.00
B. Bleached simply ... The above duties on gray tissues plus 3 yen per 100 kin.
C. Other „ ,, „ „ 7 „ ,,
301.—Tissues of wool, and mixed tissues of wool and cotton, of wool and silk, or of
wool, cotton and silk :—
2. Other:
A. Of wool:
b. Weighing not more than 200 grammes per square metre ...100 kin. 57.50
c. „ „ 500 45.00
d. Other 40.00
B. Of wool and cotton :
c. Weighing not more than 500 grammes per square metre 30.00
d. Other 18.00
462.—Iron : —
1. In lumps, ingots, blooms, billets and slabs:
A. Pig iron ,, 00.83
4. Plates and Sheets :
A. Not coated with metals :
A3. Other:
a. Not exceeding 0.7 millimetres in thickness „ 0.30
B. Coated with base metals :
J31. Tinned (tinned iron sheets and tinned steel sheets) :
a. Ordinary „ 0.70
-B2. Galvanised (corrugated or not) „ 1.20
Part II.
1. —Habutae or pure silk, not dyed or printed.
2. —Handkerchiefs or habutae or pure silk, not dyed or prin
3. —Copper, unwrought, in ingots and slabs.
4. —Plaiting or straw and other materials.
5. —Camphor and camphor oil.
6. —Baskets (including trunks) and basketware of bamboo.
7. —Mats ana matting of rush.
8. —Lacquered wares, coated with Japanese lacquer (JJrushi)
9. —Rape-seed oil.
10.—Cloisonne wares.
UNITED STATES OF AMERICA
EXTRADITION TREATY RETWEEN THE UNITED STATES
OE AMERICA AND JAPAN
Signed at Tokyo, on the 29th April, 1886
Ratified at Tokyo, on the 27th September, 1886
His Majesty the Emperor of Japan and the President of the United States of
America having judged it expedient, with a view to the better administration of
Justice and to the prevention of crime within the two countries and their jurisdictions
that persons charged with or convicted of the crimes or offences hereinafter named
and being fugitives from justice, should, under certain circumstances, be reciprocally
delivered up, they have named as their Plenipotentiaries to conclude a Treaty for this
purpose, that is to say:
His Majesty the Emperor of Japan, Count Inouye Kaorn, Jusammi, His Imperial
Majesty’s Minister of State for Foreign Affairs, First Class of the Order of the Rising
Sun, etc., etc., etc., 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 erf 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 circ
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
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 in
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 G
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 subornation of perjury.
9. —Rape.
10.—Arson.
11.,—Piracy by the law of nations.
234 EXTRADITION TREATY BETWEEN THE UNITED STATES AND JAPAN
12. —Murder, assault with intent to kill, and manslaug
high seas, on board a ship bearing the flag of the demanding country.
13. —Malicious destruction of, or attempt to destroy, ra
bridges, dwellings, public edifices, or other buildings, when the act endangers human
life.
Art. III.—If the person demanded be held for trial in the country on which the-
demand is made, it shall be optional with the latter to grant extradition or to proceed
with the trial: Provided that, unless the trial shall be for the crime for which the fugitive
is claimed, the delay shall not prevent ultimate extradition.
Art. IV.—If it be made to appear that extradition is sought with a view to try
or punish the person demanded for an offence of a political character, surrender shall
not take place, nor shall any person surrendered be tried or punished for any political
offence committed previously to his extradition, or for any offence other than that in
respect of which the extradition is granted.
Art. V.—The requisition for extradition shall be made through the diplomatic
agents of the contracting parties, or, in the event of the absence of these from the
country or its seat of Government, by superior Consular officers.
If the person whose extradition is requested shall have been convicted of a crime*
a copy of the sentence of the Court in which he was convicted, authenticated under
its seal, and an attestation of the official character of the judge by the proper executive
authority, and of the latter by the Minister or Consul of Japan or of the United
States, as the case may be, shall accompany the requisition.
When the fugitive is merely charged with crime, a duly authenticated copy of
the warrant of arrest in the country making the demand and of depositions on which
such warrant may have been issued, must accompany the requisition.
The fugitive shall be surrendered only on such evidence of criminality as
according to the laws of the place where the fugitive or person so charged shall be
found would justify his apprehension and commitment for trial if the crime had been
there committed.
Art. VI.—On being infonned by telegraph, or other written communication
through the diplomatic channel, that a lawful warrant has been issued bv competent
authority upon probable cause for the arrest of a fugitive criminal charged with any
of the crimes enumerated in Article II. of this Treaty, and on being assured from the
same source that a request for the surrender of such criminal is about to be made in
accordance with the provisions of this Treaty, each Government will endeavour to
procure, so far as it lawfully may, the provisional arrest of such criminal, and keep
him in safe custody for a reasonable time, not exceeding two months, to await the
production of the documents 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 sixtv days after the exchange
of the ratifications thereof. It may be terminated by either party, 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 dav 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) [n.s.] Inouye KAoku.
„ „ Bichard B. Hubbard.
RUSSIA
TREATY OF PEACE BETWEEN JAPAN AND RUSSIA
Signed at Portsmouth, U.S.A., August 23rd, 1905
Ratified November 5th, 1905
His Majesty the Emperor of Japan on the one part, and His Majesty the
Emperor of all the Eussias on the other part, animated by the desire to restore the
blessings of peace to their countries and peoples, have resolved to conclude a Treaty
of Peace, and have, for this purpose, named their Plenipotentiaries, that is to say:—
His Majesty the Emperor of Japan, His Excellency Baron Komura Jutaro,
Jusammi, Grand Cordon of the Imperial Order of the Eising Sun, His Minister for
Foreign Affairs, and His Excellency M. Takahira Kogoro, Jusammi, Grand Cordon
of the Imperial Order of the Sacred Treasure, His Envoy Extraordinary and
Minister Plenipotentiary to the United States of America; and His Majesty the
Emperor of all the Eussias, His Excellency M. Serge Witte, His Secretary of State
and President of the Committee of Ministers of the Empire of Eussia, and His
Excellency Baron Eoman Eosen, Master of the Imperial Court of Eussia and His
Ambassador Extraordinary and Plenipotentiary to the United States of America;
Who, after having exchanged their full powers, which were found to be in good
and due form, have concluded the following Articles:—
Art. I.—There shall henceforth be peace and amity between Their Majesties the
Emperor of Japan and the Emperor of all the Eussias, and between their respective
States and subjects.
Art. II.—The Imperial Eussian Government, acknowledging that Japan
possesses in Korea paramount political, military, and economical interests, engage
neither to obstruct nor interfere with the measures of guidance, protection, and
control which the Imperial Government of Japan may find it necessary to take
in Korea.
It is understood that Eussian subjects in Korea shall be treated exactly in the
same manner as the subjects or citizens of other foreign Powers, that is to say,
they shall be placed on the same footing as the subjects or citizens of the most
favoured nation.
It is also agreed that, in order to avoid all cause of misunderstanding, the two
■ high contracting parties will abstain, on the Eusso-Korean frontier, from taking
any military measure which may menace the security of Eussian or Korean territory.
Art. III.—Japan and Eussia mutually engage—
(1.) To evacuate completely and simultaneously Manchuria, except the territory
affected by the lease of the Liaotung Peninsula, in conformity with the provisions of
additional Article I. annexed to this Treaty; and
(2.) To restore entirely and completely to the exclusive administration of China
all portions of Manchuria now in the occupation or under the control of the Japanese
or Eussian troops, with the exception of the territory above mentioned.
The Imperial Government of Eussia declare that they have not in Manchuria any
territorial advantages or preferential or exclusive concessions in impairment of
Chinese sovereignty or inconsistent with the principle of equal opportunity.
Art. IV.—Japan and Eussia reciprocally engage not to obstruct any general
measures common to all countries which China may take for the development of the
commerce and industry of Manchuria.
236 TREATY BETWEEN JAPAN AND RUSSIA
Art. V.—The Imperial Russian Government transfer and assign to the Imperial
Government of Japan, with the consent of’ the Government of China, the lease of
Port Arthur, Talien, and adjacent territory and territorial waters, and all rights,
privileges, and concessions connected with or forming part of such lease, and they
also transfer and assign to the Imperial Government of Japan all public works,and
properties in the territory affected by the above-mentioned lease.
The two high contracting parties mutually engage to obtain the consent of
the Chinese Government mentioned in the foregoing stipulation.
The Imperial Government of Japan on their part undertake that the proprietary
rights of Russian subjects in the territory above referred to shall be perfectly
respected.
Art. VI.—The Imperial Russian Government engage to transfer and assign to
the Imperial Government of Japan, without compensation and with the consent of
the Chinese Government, the railway between Chang-chun (Kuan-cheng-tzu) and
Port Arthur and all its branches, together with all rights, privileges, and properties
appertaining thereto in that region, as well as all coal mines in the said region
belonging to or worked for the benefit of the railway.
The two high contracting parties mutually engage to obtain the consent of the
Government of China mentioned in the foregoing stipulation.
Art. VII.—Japan and Russia engage to exploit their respective railways in
Manchuria exclusively for commercial and industrial purposes and in no wise for
. strategic purposes.
It is understood that restriction does not apply to the railway in the territory
affected by the lease of the Liaotung Peninsula.
Art. VIII.—The Imperial Governments of Japan and Russia, with a view to
promote and facilitate intercourse and traffic, will as soon as possible conclude a
separate convention for the regulation of their connecting railway services in
Manchuria.
Art. IX.—The Imperial Russian Government cede to the Imperial Government
of Japan in perpetuity and full sovereignty the southern portion of the Island of
Saghalien and all islands adjacent thereto, and all public works and properties
thereon. The fiftieth degree of North latitude is adopted as the northern boundary
of the ceded territory. Exact alignment of such territory shall be determined in
accordance with the provisions of additional Article II. annexed to this Treaty.
Japan and Russia mutually agree not to construct in their respective possessions
on the Island of Saghalien or the adjacent islands, any fortifications or other similar
military works. They also respectively engage not to take any military measures
which may impede the free navigation of the Straits of La Perouse and Tartary.
Art. X.—It is reserved to the Russian subjects, inhabitants of the territory
ceded to Japan, to sell their real property and retire to their country; but, if they
prefer to remain in the ceded territory, they will be maintained and protected in the
full exercise of their industries and rights of property, on condition of submitting to
Japanese laws and jurisdiction. Japan shall have full liberty to withdraw the right
of residence in, or to deport from, such territory, any inhabitants who labour
under political or administrative disability. She engages, however, that tha
proprietary rights of such inhabitants shall be fully respected.
Art. XI.—Russia engages to arrange with Japan for granting to Japanese
subjects rights of fishery along the coasts of the Russian possessions in the Japaa
Okhotsk, and Behring Seas.
It istoagreed
longing Russianthatorthe foregoing
foreign engagement
subjects shall not affect rights already be-
in those regions.
Art. XII.—The Treaty of Commerce and Navigation between Japan and
Russia having been annulled by the war, the Imperial Governments of Japan and
Russia engage to adopt as the basis of their commercial relations, pending the
conclusion of a new Treaty of Commerce and Navigation on the basis of the Treaty
which was in force previous to the present war, the system of reciprocal treatment
on the footing of the most favoured nation, in which are included import and export
TREATY BETWEEN JAPAN AND RUSSIA 237
af1 duties, Customs formalities, transit and tonnage dues, and the admission and treat-
,1. ment of the airents, subjects, and vessels of one country in the territories of the other.
Art. XIII.—As soon as posible after the present Treaty comes into force, all
m prisoners of war shall be reciprocally restored. The Imperial Governments of Japan
« and Kussia shall each appoint a special Commissioner to take charge of prisoners.
All prisoners in the hands of one Government shall be delivered to and received by
'I the Commissioner of the other Government or by his duly auothorised representative,
in such convenient numbers and at such convenient ports of the delivering State as
such delivering State shall notify in advance to the Commissioner of the receiving
State.
The Governments of Japan and Russia shall present to each other as soon as
possible after the delivery of prisoners has been completed, a statement of the direct
expenditures respectively incurred by them for the care and maintenance of prisoners
from the date of capture or surrender up to the time of death or delivery. Russia
engages to repay to Japan, as soon as possible after the exchange of the statements
as above provided, the difference between the actual amount so expended by Japan
and the actual amount similarly disbursed by Russia.
Art. XIV.—The present Treaty shall be ratified by Their Majesties the
Emperor of Japan and the Emperor of all the Russias. Such ratification shall, with
as little delay as possible and in any case not later than fifty days from the date of
the signature of the Treaty, be announced to the Imperial Governments of Japan and
Russia respectively throuiih the French Minister in Tokyo and the Ambassador of
the United States in St. Petersburg, and from the date of the later of such
announcements this Treaty shall in all its parts come into full force.
The formal exchange of the ratifications shall take place at Washington as soon
as possible.
Art. XV.—The present Treaty shall be signed in duplicate in both the English
and French languages. The texts are in absolute conformity, but in case of dis-
crepancy in interpretation the French text shall prevail.
In witness whereof the respective Plenipotentiaries have signed and affixed their
seals to the present Treaty of Peace.
Done at Portsmouth (New Hampshire), this fifth day of the ninth month of the
thirty-eighth year of Meiji, corresponding to the twenty-third day of August (fifth
September N.S.), one thousand nine hundred and five.
Serge Witte. Jutaro Eomura.
Rosen. K. Takahira.
Supplementary Agreement
In conformity with the provisions of Articles III. and IX. of the Treaty of
Peace between Japan and Russia of this date, the undersigned Plenipotentiares have
concluded the following additional Articles : —
I. To Art. III.—The Imperial Governments of Japan and Russia mutually
engage to commence the withdrawal of their military forces from the territory of
Manchuria simultaneously and immediately after the Treaty of Peace comes into
operation; and within a period of eighteen months from that date the armies of the
two countries shall be completely withdrawn from Manchuria, except from the leased
territory of the Liaotung Peninsula.
The forces of the two countries occupying the front positions shall be first
withdrawn.
The high contracting parties reserve to themselves the right to maintain guards
to protect their respective railway lines in Manchuria. The number of such guards
r:is TREATY BETWEEN JAPAN AND RUSSIA
shall not excee 1 fifteen per kilometre, and within that maximum number the Com-
manders of the- Japanese and Russian armies shall, by common accord, fix the
number of such guards to be employed, as small as possible having in view the actual
requirements.
The Commanders of the Japanese and Russian forces in Manchuria shall agree
upon the details of the evacuation in conformity with the above principles, and shall
take by common accord the measures necessary to carry out the evacuation as soon
as possible and in any case not later than the period of eighteen months.
II. To Art. IX.—As soon as possible after the present Treaty comes into force
a Commission of Delimitation, composed of an equal number of members to be
appointed respectively by the two high contracting parties, shall on the spot mark
in a permanent manner the exact boundary between the Japanese and Russian
possessions on the Island of Saghalien. The Commission shall be bound, so far as
topographical considerations permit, to follow the fiftieth parallel of North latitude
as the boundary line, and in case any deflections from that line at any points are
found to he necessary, compensation will be made by correlative deflections at other
points. It shall also be the duiy of the said Commission to prepare a list and de-
scription of the adjacent islands included in the cession, and finally the Commission
shall prepare and sign maps showing the boundaries of the ceded territory. The work
or the Commission shall be subject to the approval of the high contracting parties.
The foregoing additional Articles are to be considered as ratified with the
ratification of the Treaty of Peace to which they are annexed.
Portsmouth, the 5th day, 9th month, 38th year of Meiji, corresponding to the
23rd August (5th September N.S.), 1905.
Serge Witte. JlJTARO KOMORA.
Rosen. K. Takahira.
AGREEMENT RELATING TO CHINA, 1907
The Government of His Majesty the Emperor of Japan and the Government of
His Majesty the Tsar of all the Russias, being desirous of strengthening the peaceful,
friendly, and neighbourly relations now happily restored between Japan and Russia,
and also of removing all possible future cause of misunderstanding in the relations
of the two Powers, have entered into the following agreements:—
Art. I.—Each of the high contracting parties agrees to respect the present
territorial integrity of the other, as well as all the rights arising out of Treaties, Con-
ventions, and Contracts now in, force between them and China, copies of which have
been exchanged between the contracting parties, so far as the said rights are
not incompatible with the principle of equal opportunity enunciated in the Treaty
signed at Portsmouth on September 5th, 1905, i.e., August 23rd in the Russian
Calendar, and other special conventions concluded between Japan and Russia.
Art. II.—The two high contracting parties agree to recognise the independence
and the territorial integrity of the Chinese Empire, and the principle of equal op-
portunity for the commerce and industry of all nations in the said Empife, and they
engage to uphold and defend the maintenance of the status quo and the respect of
that principle by all the peaceful means possible to them.
In witness whereof, the undersigned, duly authorised by their respective Govern-
ments, have signed this Agreement and have affixed thereto their seals.
Done at St. Petersburg, the 30th day of the seventh month of the 40th year of
Meiji, corresponding to 17th of July, 1907 (Russian Calendar July 30th, 1907).
[l.s.] Ichiro Motono.
ISWOLSKY.
RUSSO-JAPANESE RAILWAY CONVENTION
Signed at St. Petersburg, May, 1907.
The Imperial Government of Japan and the Imperial Government of Russia',
having resolved to conclude a Convention concerriing the connection of the Japanese
and the Russian Railways in Manchuria, conformably to the provisions of Art. VIII.
of the Treaty of Peace signed at Portsmouth on September 5 (August 2J,
1905, O.S.), the undersigned, Ichiro Motono, Docteur en Droit, Envoy Extraordinary
and Minister Plenipotentiary of Japan; and le Maitre de la Cour Imperial Alexandre
Iswolsky, Minister of Foreign Affairs of Russia, being duly authorized for the
purpose by their respective Governments, have agreed and concluded the following
Articles, under the title of Provisionary.
Regarding the provisions of this Convention which concern the Southern Man-
churian Railway Company on the one part and the Chinese Eastern Railway Company
onthe other, the two Governments engage mutually to, take necessary measures to
ensure their prompt execution by the said Companies.
Art. I.—The junction of the sections of the two railways will be made at the
boundary line of the Kuanchengtze station of the Chinese Eastern Railway. The
Southern Manchurian Railway Company shall prolong its line at the gauge adopted
by that Company from the Tchantchun station of the said Company to the limit of the
Kuanchengtze station of the Chinese Eastern Railway and the Chinese Eastern Railway
shall construct a line of the same gauge in continuation to the Japanese line con-
structed by the Southern Manchurian Railway to the platform of the Russian
Kuanchengtze station. The Chinese Eastern Railway shall construct in prolongation
of its line, a railway of the gauge of 1 metre ‘524 (Russian gauge of 5 English feet)
from the platform of the Russian Kuanchengtze station to the limit of that station, and
the Southern Manchurian Railway Company shall construct a line of the same gauge in
continuation to the prolongation of the Russian Railway constructed by the Chinese
Eastern Railway Company to the Japanese Tchantchun station.
The point of junction of the two sections of the Japanese and Russian railways
and the plans of that junction shall be resolved upon in common accord between the
two companies.
Art. II.—The Southern Manchurian Railway Company as well as the Chinese
Eastern Railway Company shall establish, besides the junction of their lines, direct
communication for passengers and for merchandise, and also all the necessary in-
stallations, in order to effect in the shortest time and with the least expense possible
the transport of the merchandise at the terminal stations, made necessary by the
difference in the width of the gauges.
Each Company reserves the right to decide on the plans of construction within
the limits of its own ground.
Art. III.—Each Company takes charge of all the undertakings mentioned in
Articles I. and It. of the present Convention which entails On them respectively, and
the undertakings shall be executed by the companies with the least possible delay
and as far as possible simultaneously.
243 RUSSO-JAPANESE RULW4Y CONVENTION
Art. IV.—The maintenance of the tracks, of the insinuations tor transmission
and transport, and all the other accessories upon the ground of each railway shall
respectively be taken charge of by the Companies.
Art. V.—The traffic between the Southern Manchurian Railway and the Chinese
Eastern Railway shall be established conformably to the following conditions :
The passenger trains of the Southern Manchurian Railway, with passengers*
their baggase, and other objects transported by those trains, proceed on the Japanese
track to the Russian station of Kuanchengtze, and the passenger trains of the Chinese
Eastern Railway, with passengers, their baggage, and other objects transported by
those trains, proceed on the Russian track to the Japanese station of Tchantchun.
The freight trains of the Southern Manchurian Railway to proceed on the Chinese
Eastern line come on the Japanese track to the Russian station of Kuanchengtze,
where the delivery and transport of the merchandise to the Russian railway are
effected, and the freight trains of the Chinese Eastern Railway to proceed on the
Southern Manchurian line come by the Russian track to the Japanese station of
Tchantchun, where the delivery and transport of the merchandise to the Japanese
railway are effected.
Art. VI.—The time schedule for the movement of trains, having in view the
connection of the two railways, shall be arranged in common accord by the manage-
ments of the two Railway Companies.
Art. VII.—The passenger fares and freight charges for travelling between the
terminal stations shall be collected : those going from south to north, conformatory
to the tariffs in force on the Southern Manchurian line, and those going from north
to south, conformatory to the tariffs in force on the Chinese Eastern line.
The distribution of the fees collected for transport on the lines of the two Com-
panies shall be made in accordance with an agreement to be concluded between the
managements of the two Companies.
Art. VIII.-Each Company enjoys the right gratuitously and reciprocally to
make use of the connecting line and the installations attached to the service of
transport appertaining to the other.
Art. IX.—The two railway Companies shall organize a train service mutually
co-ordinating and sufficient to ensure regular passenger and merchandise traffic, and
establish regulatiohs and provisions for the service of exploitation, all in conformity
with the interests of that service.
Art. X—All the provisions to be later adopted on the basis of the present
Convention and concerning the train service, the transportation of passengers, the
transport of merchandise, the signal service, etc., shall be regulated by special
arrangement between the two Companies, with due approval of the respective
Governments. The mutual use of the means of transportation, the relations between
employees of the two railways, as well as the mode of apportioning the quota to each
administration in the distribution of the receipts, shall be regulated subsequently by
similar arrangement.
Art. XI.— In all cases where the management of the two railways cannot agree
on points covered by the present Convention or in general upon all the other points
concerning their reciprocal relations mentioned in the said Convention, the differences
shall be regulated by the decision of the two respective Governments, arrived at in
common after the exchange of views between them on the subject.
In witness whereof the Envoy Extraordinary and Minister Plenipotentiary of
Japan and the Minister of Foreign Affairs of Russia have signed the present Provi-
sionary Convention and affixed their seals thereto.
Done at St. Petersburg in duplicate on the 13th day of the sixth month of the
40th of Meiji, corresponding to May 31 (June 13), 1907.
(Signed) Iswousky.
„ 1. Moto-no.
RUSSO-JAPANESE RAILWAY CONVENTION 241
Protocol
At the moment of proceeding to the signature of the Provisionaiy Convention
-Ofor the connection of the Japanese and Russian railways in Manchuria, the two
§%high contracting parties, judging it useful to settle certain questions relative to the
terminus of Kuanchengtze and to the coal-mines of Shibelm and Taokiatun, the
J undersigned, Ichiro Motono, Docteur en Droit, Envoy Extraordinary and Minister
•If Plenipotentiary of Japan, and le Maitre de la Cour Imperial, Alexandre Iswolsky,
iM Minister of Foreign Affairs of Russia, have concluded the following:—
Ai*t. I.—It has been agreed between the two high contracting parties that in
1 principle the terminus of Kuanchengtze and its appendages are the common property
of, Japan and Russia, but that, for the sake of practical convenience, the exclusive
ownership of the said terminus and of its appendages shall remain with Russia and
that for it the Russian Government shall pay to the Japanese Government a sum of
560,393 roubles in virtue of compensation for the renunciation by Japan of her rights
of co-ownership of the Kuanchengtze terminus and its appendages.
Art. II.—The Russian Government shall remit to the Japanese Government,
•with the briefest possible delay, after the signature of the Provisionary Convention of
the railway connection, in their actual state, all the railways and all the objects
'belonging to these railways which are to the South of the point marked N. 2223 in
the plan here annexed, as well as the coal mines at Shibelin and Taokiatun with all
their appendages. Immediately after the signing of the said Convention, the necess-
ary instructions shall be sent by the two Governments of Japan and Russia, on the
one part to the Southern Manchurian Railway Company, and on the other to the
Chinese Eastern Railway, directing the transfer of the said railways and of the
appendages of these railways as well as the aforementioned coal mine.
1 Art. III.—It is agreed between the two high contracting parties that the
Japanese Government shall subsequently choose a site wheie shall be constructed
the Japanese terminus of Changchun, between the Russian terminus of Kuanchengtze
and the town of Changchun.
In the event of the construction of the Kirin railway line, the Japanese Govern-
ment shall exert itself to cause the construction by the railway company, outside the
limits of the Changchun terminus, of crossings and viaducts to the points of the said
line and the principal roads between the Russian station of Kuanchengtze and the
town of Changchun.
Art. IV.—The detailed regulations relative to the transfer of passengers and
i merchandise from one railway to the other shall be discussed and concluded between
the railway companies interested, with the briefest possible delay, after the signing
of the Provisional Convention relating to railway connection. The place and the
date of the meeting of the Delegates appointed to make these arrangements shall be
subsequently determined in the manner most agreeable to the parties.
Art. V.—It is agreed between the two high contracting parties that the Con-
vention signed this day shall be put in force immediately after the construction of
the provisional Japanese station mentioned in Article III. of the Additional Articles
of the said Convention shall have been completed.
In testimony whereof, the Envoy Extraordinary and Minister Plenipotentiary
of Japan and the Minister of Foreign Affairs of Russia have signed the present
Protocol and affixed thereto their seals.
Done at St. Petersburg in duplicate, this 13th day of the 6th month of the 40th
year of Meiji, corresponding to May 31 (June 13), 1907.
(Signed) I. Motono.
„ Iswolsky.
RUSSO-JAPANESE CONVENTION
Signed at Petkograd on July 3rd, 1916
The Imperial Grovernment of Japan and the Imperial Government of Russia,,
having decided to co-operate for the maintenance of permanent peace in the
Orient, have entered into the following Convention:—
Art. 1.—Japan shall not hecome party to any political Convention or Alliance'
aimed at counteracting Russia’s interests.
Russia shall not become party to any political Convention or Alliance aimed at
counteracting Japan’s interests.
Art. 2.—In the event of the territorial rights or special interests in the Par
East of either of the High Contracting Parties recognised by the other being
encroached upon, Japan and Russia shall consult with each other regarding the steps,
to be taken for mutual support or co-operation to protect or safeguard such rights or
interests.
In witness whereof the undersigned, with the proper authorisation of theirr
respective Governments, have affixed their names and seals.
Done this day July 3rd, 1916 (June 20th, 1916, O.S.) at Petrograd.
Motono Ichiro.
Sazanopf.
RUSSO-JAPANESE CONVENTION
Signed at Peking, January 20th, 1925
The following is the official English text in the Russo-Japanese Convention :—
Convention embodying basic rules of the relations between Japan and the
Union of Soviet Socialist Republics.
Japan and the Union of Soviet Socialist Republics, desiring to promote relations
of good neighbourhood and economic co-operation between them, have resolved to
conclude a convention embodying basic rules in regulation of such relations and, to
that end, have appointed as their Plenipotentiaries, that is to say :—
His Majesty the Emperor of Japan:
Kenkichi Yoshizawa, Envoy Extraordinary and Minister Plenipotentiary to
the Republic of China, Jushii, a member of the First Class of the
Imperial Order of the Sacred Treasure;
The Central Executive Committee of the Union of Soviet Socialist Republics:
Lev Mikhailovitch Karakhan, Ambassador to the Republic of China;
Who, having communicated to each other their respective full powers, found
to be in good and due form, have agreed as follows:—
Article I
The High Contracting Parties agree that with the coming into force of the
present Convention, diplomatic and consular relations shall be established between
them.
Article II
The Union of Soviet Socialist Republics agrees that the Treaty of Portsmouth
ofJSeptember 5th, 1905, shall remain in full force.
It is agreed that the Treaties, Conventions and Agreements, other than the
said Treaty of Portsmouth which were concluded between Japan and Russia prior
to November 7th, 1917, shall be re-examined at a Conference to be subsequently
-held between the Governments of the High Contracting Parties and are liable to
revision or annulment as altered circumstances may require.
Article III
The Governments of the High Contracting Parties agree that upon the coming
into force of the present Convention, they shall proceed to the revision of the
Fishery Convention of 1907, taking into consideration such changes as may have
taken place in the general conditions since the conclusion of the said Fishery
'Convention.
Pending the conclusion of a convention so revised, the Government of the
Union of Soviet Socialist Republics shall maintain the practices established in 1924
relating to the lease of fishery lots to Japanese subjects.
Article IV
The Governments of the High Contracting Parties agree that upon the coming
into force of the present Convention they shall proceed to the conclusion of a treaty
of commerce and navigation in conformity with the principles hereunder mentioned,
and that pending the conclusion of such a treaty, the general intercourse between
the two countries shall be regulated by those principles.
244 EUSSO-JAPANESE CONVENTION
(1) The subjects or citizens of each of the High Contracting Parties shall in'
accordance with the laws of the country fa) have full liberty tp enter, travel and’
reside in the territories of the other, and (b) enjoy constant and complete protection
for the safety of their lives and property.
(2) Each of the High Contracting Parties shall in accordance with the laws of
the country accord in its territories to the subjects or citizens of the other, to the
widest possible extent and on condition of reciprocity, the right of private ownership-
and the liberty to engage in commerce, navigation, industries, and other peaceful
pursuit?.
(3) Without prejudice to the right of each Contracting Party to regulate by
its own laws the system of international trade in that country, it is understood that
neither Contracting Party shall apply in discrimination against the other Party any
measures of prohibition, restriction or impost which may serve to hamper the
growth of the intercourse, economic or otherwise, between the two countries, it being
the intention of both Parties Jto place the commerce, navigation and industry of each
country, as far as possible, on the footing of the most favoured nation. The
Governments of the High Contracting Parties further agree that they shall enter
into negotiations, from time to time as circumstances may require, for the conclu-
sion of special arrangements relative to commerce and navigation to adjust and to
promote economic relations between the two countries.
Article V
The Hicrh Contracting Parties solemnly affirm their desire and.intention to live
in peace and amity with each other, scrupulously to respect the undoubted right of
a State to order its own life within its own jursidiction in its own way, to refrain
and restrain all persons in any governmental service for them, and all organisations
in receipt of any financial assistance from them, from any act overt or covert liable
in any way whatever to endanger the order and security in any part of the
territories of Japan or the Union of Soviet Socialist Republics.
It is further agreed that neither Contracting Party shall permit the presence in
the territories under its jurisdication—(a) of organisations or groups pretending to
be the Government for any part of the territories of the other Party, or (b) of alien
subject? or citizens who may be found to be actually carrying on political activities
for such organisations or groups. " ".
Article VI
In the interest of promoting economic relations between the two countries, and
taking into consideration the needs of Japan with regard to natural resources, the
Government of the Union of Soviet Socialist Republics is willing to grant to Japan-
ese subjects, companies and associations, concessions for the exploitation of minerals,
forests and other natural resources in all the territories of the Union of Soviet
Socialist Republics.
Article VII
The present convention shall be ratified.
Such ratification by each of the High Contracting Parties shall, with as little
delay as possible, be communicated, through its diplomatic representative at Peking,,
to the Government of the other Party, and from the date of the later of such com-
munications this Convention shall come into full force.
The formal exchange of the ratifications shall take place at Peking as soon as
possible.
In witness whereof the respective Plenipotentiaries have signed the present
Convention in duplicate in the English language and have affixed thereto their seals.
Done at Peking, this Twentieth day of January, One Thousand Nine Hundred
and Twenty-five.
[l.s.] K. Yoshisawa. [L.S.] L. Kara khan.
RUSSO-JAPANESE CONVENTION 245-
PROTOCOL (A)
Japan and the Union of Soviet Socialist Republics, in proceeding this day to
the signature of the Convention embodying Basic Rules of the relations between
them, have deemed it advisable to regulate certain questions in relation to the said
Convention, and have, through their respective Plenipotentiaries, agreed upon the
following stipulations:—
Article I
Each of the High Contracting Parties undertakes to place in the possession of
the other Party the movable and immovable property belonging to the Embassy
and Consulates of such other Party and actually existing within its own territories.
In case it is found that the land occupied by the former Russia Government at
Tokyo is so situated as to cause difficulties to the town planning of Tokyo or to the
service of the public purposes, the Government of the Union of Soviet Socialist
Republics shall be willing to consider the proposals which may be made by the-
Japanese Government looking to the removal of such difficulties.
The Government of the Union of Soviet Socialist Republics shall accord to the
Government of Japan all reasonable facilities in the selection of suitable sites and
buildings for the Japanese Embassy and Consulates to be established in the ter-
ritories of the Union of Soviet Socialist Republics.
Article II
It is agreed that all questions of the debts due to the Government or subjects-
of Japan on account of public loans and treasury bills issued by the former Russian
Governments, to wit by the Imperial Goverument of Russia and the Provisional
Government which succeeded it, are reserved for adjustment at subsequent negotia-
tions between the Government of Japan and the Government of the Union of Soviet
Socialist Republics.
Provided that in the adjustment of such questions, the Government or subjects
of Japan shall not, all other conditions being equal, hie placed in any position less
favourable than that which the Government of the Union of Soviet Socialist
Republics may accord to the Government or nationals of any other country on
similar questions.
It is also agreed that all questions relating to claims of the Government of
either Party to the Government of the other, or of the nationals of either party te
the Government of the other, are reserved for adjustment at subsequent negotiations
between the Government of Japan and the Government of the Union of Soviet
Socialist Republics.
Article III
In view of climatic conditions in Northern Saghalien preventing the immediate
homeward transportation of the Japanese troops now stationed there, these troops
shall be completely withdrawn from the said region by May 15th, 1925.
Such withdrawal shall be commenced as soon as climatic conditions will per-
mit it and any and all districts in Northern Saghalien so evacuated by Japanese
troops shall immediately thereupon be restored in full sovereignty to the proper
authorities of the Union of Soviet Socialist Republics.
The details pertaining to the transfer of administration and to the termination
of the occupation shall be arranged at Alexandrovsk between the Commander of the-
Japanese Occupation Army and the Representatives of the Union of Soviet Socialist
Republics.
246 RUSSO-JAPANESE CONVENTION
Article IV
The High Contracting Parties mutually declare that there actually exists no
treaty or agreement of military alliance nor any other secret agreement which either
of them has entered into with any third Party and which constitutes an infringement
upon, or a menace to, the sovereignty, territorial rights or national safety of the
•other Contracting Party.
Article V
The present Protocol is to be considered, as ratified with the ratification of the
Convention embodying Basic Rules of the Relations between Japan and the Union
of Soviet Socialist Republics, signed under the same date.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol in duplicate in the English language, and have affixed thereto their seals.
Done at Peking, this Twentieth day of January, One Thousand Nine Hundred
and Twenty-five.
[l.s.] K. Yoshizawa. [l.s.] L. Karakhan.
PROTOCOL (B)
The High Contracting Parties have agreed upon the following as the basis for
the Concession Contracts to be concluded within five months from the date of the
complete evacuation of Northern Sagbalien by Japanese troops, as provided for in
Article 3 of Protocol (A) signed this day between the Plenipotentiaries of Japan and
of the Union of Soviet Socialist Republics.
1.—The Government of the Union of Soviet Socialist Republics agrees to grant
to Japanese concerns recommended by the Government of Japan, the concession for
the exploitation of 50 per cent, in area of each of the oil fields in Northern Sag-
halien which are mentioned in the Memorandum submitted to the Representative of
the Union by the Japanese Representative on August 29th, 1924. For the purpose
of determining the area to be leased to the Japanese concerns for such exploitation,
each of the said oil fields shall be divided into checker-board squares of from fifteen
to forty dessiatines each, and a number of these squares representing 50 per cent, of
the whole area shall be alloted to the Japanese, it being understood that the squares
to be so leased to the Japanese are, as a rule, to be non-contiguous to one another,
but shall include all the wells now being drilled or worked by the Japanese. With
regard to the remaining unleased lots of the oil fields mentioned in the said Memo-
randum, it is agreed that should the Government of the Union of Soviet Socialist
Republics decide to offer such lots, wholly or in part, for foreign concession, Japanese
concerns shall be afforded equal opportunity in the matter of such concession.
The Government of the Union of Soviet Socialist Republics also agrees to
authorise Japanese concerns recommended by the Government of Japan to prospect
oil fields, for a period of from five to ten years, on the Eastern coast of Northern
Saghalien over an area of one thousand square versts to be selected within one year
-after, the conclusion of the Concession Contracts, and in case oil fields shall have
been established in consequence of such prospecting by the Japanese, the Concession
for the exploitation of the 50 per cent, in area of the oil fields so established shall
be granted to the Japanese.
EUSSO-JAPANESE CONVENTION 24T
13.—The Government of the Union of Soviet Socialist Republics agrees to grant
to Japanese concerns recommended by the Government of Japan the concession for
the exploitation of coal fields on the Western coast of Northern Saghalien over a
specific area which shall be determined in the Concession Contracts. The Government
of the Union of Soviet Socialist Republics further agrees to grant to such Japanese
concerns the concession regarding coal fields in the Doue district over a specific
area to be determined in the Concession Contracts. With regard to the coal fields
outside the specific area mentioned in the preceding two paragraphs, it is also
agreed that should the Government of the Union of Soviet Socialist Republics
decide to offer them for foreign concession, Japanese concerns shall be afforded
equal opportunity in the matter of such concession.
4.—The period of the concessions for the exploitation of oil and coal fields
stipulated in the preceding paragraphs shall be from forty to fifty years.
5.—As royalty for the said concessions, the Japanese concessionaires shall
make over annually to the Government of the Union of Soviet Socialist Republics, in
case of coal fields, from 5 to 8 per cent, of their gross output, and, in case of oil
fields, from 5 to 15 per cent, of their gross output; provided that in the case of a
gusher, the royalty may be raised up to 45 per cent, of its gross output.
The percentage of output thus to be made over as royalty shall be definitively
fixed in the Concession Contracts and it may be graduated according to the scale of
annual output in a manner to be defined in such contracts.
6.—The said Japanese concerns shall be permitted to fell trees needed for
purpose of the enterprises and to set up various undertakings with a view to
facilitating communication and transportation of materials and products. Details-
connected therewith shall be arranged in the Concession Contracts.
7.—In consideration of the royalty above-mentioned and taking also into
account the disadvantages under which the enterprises are to be placed by reason of
the geographical position and other general conditions of the districts affected it is
agreed that the importation and exportation of any articles, materials or products
needed for and obtained from such enterprises shall be permitted free of duty, and
that the enterprises shall not be subjected to any such taxation or restriction as may
in fact render their remunerative working impossible.
8.—The Government of the Union of Soviet Socialist Republics shall accord all
reasonable protection and facilities to the said enterprises.
9.—Details connected with the foregoing Articles shall be arranged in the
Concession Contracts.
The present Protocol is to be considered as ratified with the ratification of the
Convention embodying Basic Rules of the Relations between Japan and the Union
of Soviet Socialist Republics, signed under the same date.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol in duplicate in the English Language, and have affixed thereto their
seals.
Done at Peking this Twentieth day of January, One Thousand Nine Hundred
and Twenty-five.
1 L.S.] K. Yoshizawa. [l.s.] L. Kae.vkhan.
•248 KUSSO JAPANESE CONVENTION
ANNEXED NOTES
In proceeding this day to the signature of the Convention embodying the
Basic Buies of the Relations between the Union of Soviet Socialist Republics and
•Japan, the undersigned Plenipotentiary of the Union of Soviet Socialist Republics
has the honour to tender hereby to the Government of Japan an expression of
sincere regrets for the Nikolaievsk incident of 1920.
Peking, January 20th, 1925.
Monsieur le Ministre,
I have the honour on behalf of my Government to declare that the Government
■of the Union of Soviet Socialist Republics agrees that the work which is now being
carried on by the Japanese in Northern Saghalien both in the oil and the coal fields,
as stated in the Memorandum handed to the Plenipotientiary of the Union of Soviet
Socialist Republics by the Japanese Plenipotentiary on August 29th, 1924, be
•continued until the conclusion of the Conce-ssion Contracts to be effected within five
months from the date of the complete evacuation of Northern Saghalien by the
Japanese troops, provided the following conditions be abided by the Japanese: —
1. —The work must be continued in strict accordance with the
Memorandum of August 29th, 1924, as regards the area, the number of workers
and experts employed, the machinery and other conditions provided in the
Memorandum.
2. —The produce such as oil and coal cannot be exported or so
be applied to the use of the staff and equipment connected with the said work.
3. —The permission granted by the Government of the U
Socialist Republics for the continuation of the work shall in no way affect the
stipulations of the future concession contract.
4. —The question of operation of the Japanese wireless statio
Saghalien is reserved for future arrangement, and will be adjusted in a manner con-
sistent with the existing laws of the Union of Soviet Socialist Republics prohibiting
’private and foreign establishment of wireless stations.
I avail myself of this opportaunity to convey to you, Monsieur le Ministre, the
assurances of my highest consideration.
(Signed) L. Karakhan.
31 is Excellency
Mr. Kenkichi Yoshizawa,
Envoy Extraordinary and Minister Plenipotentiary of Japan.
AGREEMENT REGARDING THE CHINA-KOREAN
BOUNDARY
Signed at Peking, September 4th, 1909
The Imperial Government of Japan and the Imperial Government of China,,
desiring to secure for Chinese and Korean inhabitants in the frontier region the
blessings of permanent peace and tranquillity, and considering it essential to the-
attainment of such desire that the two Governments should, in view of their
relations of cordial friendship and good neighbourhood, recognise the River Tumen
as forming the boundary between China and Korea, and should adjust all matters
relating thereto in a spirit of mutual accommodation, have agreed upon the following
stipulations:—
Art. I.—The Governments of Japan and China declare that the River Tumen
is recognised as forming the boundary between China and Korea, and that in the
region of the source of that river the boundary line shall start from the boundary
monument, and thence follow the course of the stream Shih-Yi-Shwei.
Art. II.—The Government of China shall, as soon as possible after the signing
of the present agreement, open Lung-Ohing-tsun, Chu-tsz-Chie, Tou-tao-kou, Pai-
Tsao-kou to the residence and trade of foreigners, and the Government of Japan-
may there establish Consulates or branch offices of Consulates. The date of opening
such places shall be separately determined.
Art. III.—The Government of China recognise the residence of Korean people,
as heretofore, on the agricultural lands lying north of the River Tumen.
Art. IY.—The Korean people residing on the agricultural lands within the-
mixed residence district to the north of the River Tumen shall submit to the laws ot
China, and shall be amenable to the jurisdiction of the Chinese local officials, feuch
Korean people shall be accorded by the Chinese authorities equal treatment with
Chinese subjects, and similarly in the matter of taxation and all other administrative
measures they shall be placed on equal footing with Chinese subjects. All cases,
whether civil or criminal, relating to such Korean people shall be heard and decided
by the Chinese authorities in accordance with the laws of China, and in a just and
equitable manner. A Japanese Consular officer, or an official duly authorised by
him, shall be allowed freely to attend the Court, and previous notice is to be given
to the Japanese Consular officers the hearing of important cases concerning lives of
persons. Whenever the Japanese Consular officers find that decision has been
given in disregard of law, they shall have right to apply to the Chinese authorities
for a new trial, to be conducted by officials specially selected, in order to assure a
just decision.
Art. Y.—The Government of China engages that lands and buildings owned
by Korean people in the mixed residence district to the north of the River Tumen
shall be fully protected, equally with properties of Chinese subjects. Ferries shall
be established on the River Tumen at places properly chosen, and people on either
side of the river shall be entirely at liberty to cross to the other side, it being, however,
understood that persons carrying arms shall not be permitted to cross the frontier
without previous official notice or passports. In respect of cereals produced in the
mixed residence district, Korean people shall be permitted to export them out of
the said district, except in time of scarcity, in which case such exportation may be
prohibited. Collection of firewood and grass shall be dealt with in accordance with
the practice hitherto followed. .
Art. YI.—The Government of China shall undertake to extend the Kirin-
Changchun Railway to the southern boundary of Yeochi, and to connect it ,at
Hoiryong with a Korean railway, and such extension shall be effected upon the
same terms as the Kirin-Changchun Railway. The date of commencing the work
of proposed extension shall be determined by the Government of China considering
the actual requirements of the situation and upon consultation with the Government
of Japan.
250 CHINA-KOREAN BOUNDARY AGREEMENT
Art. VII.—The present agreement shall come into operation immediately upon
its signature, and thereafter the Chientao branch office of the Residency-General, as
•well as all the civil and military officers attached thereto, shall be withdrawn as
soon as possible and within two months. The Government of Japan shall within
two months hereafter establish its Consulates at the places mentioned in Art. II.
In witness whereof the undersigned, duly authorised by their respective Gov-
ernments. have signed and sealed the present agreement in duplicate in the
Japanese and Chinese languages.
CHINA-JAPAN AGREEMENT REGARDING
MANCHURIAN QUESTIONS
Signed at Peking, September 4th, 1909
The Imperial Government of Japan and the Imperial Government of China,
.actuated by the desire to consolidate relations of amity and good neighbourhood
between the two countries by settling definitively matters of common concern in
Manchuria and by removing for the future all cause of misunderstanding, have
agreed upon the following stipulations:—
Art. I.—The Government of China engages that in the event of its under-
taking to construct a railway between Hsin-min-tun and Pakumen it shall arrange
previously with the Government of Japan.
Art. II.—The Government of China recognises that the railway between
Taschichao and Yingkow is a branch line of the South Manchurian Railway, and it
is agreed that the said branch line shall be delivered up to China simultaneously
with the South Manchurian Railway upon the expiration of the term of concession for
that main line. The Chinese Government further agrees to the extension of the said
branch line to the port of Yingkow.
Art. III.-—In regard to coal mines at Fushun and Yuentai, the Governments of
Japana and China are agreed as follows:—
work -—The
the saidChinese Government recognises the right of the Japanese G overnment to
coal mines.
—The Japanese
gages to pay to the ChineseGovernment,
Governmentrespecting
a tax onthecoalsfullproduced
sovereignty of China,
in those en-
mines, the
rate of such tax to be separately arranged on the basis of the lowest tariff for coals
produced
c in any other part of China.
produced-—Thein Chinese
the saidGovernment
mines, the agrees
lowest that,
tariffinofthe matter
export dutyofforexportation
coals of anyof other
coals
mines shall16be applied.
shall be—*separately
l extent arranged
of the saidby coal mines, as well
Commissioners as allappointed
specially the detailed regulations,
for that purpose.
Art. IV.—All mines along the Antung-Mukden Railway and the main line
of the South Manchuria Railway, excepting those at Fushun and Yuentai, shall be
exploited as joint enterprises of Japanese and Chinese subjects upon the general
prnciples which the Viceroy of the Three Eastern Provinces and the Governor of
Shingking Province agreed upon with the Japanese Consul-General in 1907, corres-
ponding to the 33rd year of Kuanghsu. Detailed regulations in respect of such mines
shall in due course be arranged by the Viceroy and the Governor with the Japanese
Consul- General.
Art. V.—The Government of Japan declares that it has no objection to the
extension of the Peking-Mukden Railway to the city wall of Mukden. Practical
measures for such extension shall be adjusted and determined by the local Japanese
and Chinese authorities,and technical experts.
In witness whereof the undersigned, duly authorised by their respective Govern-
ments, have signed and sealed the present agreement in duplicate in the Japanese
and Chinese languages (Signatures follow.)
NEW CONSORTIUM AGREEMENT
Signed on October 15th, 1920
The following is the full text of the new Consortium agreement:—
The Hongkong and Shanghai Banking Corporation, having its office at 9
Grracechurch Street in the City of London (hereinafter called the Hongkong
Bank”) of the first part.
The Banque de L’Indo-Chine having its office at 15 bis Rue Laffite, Paris
(hereinafter called “the French Bank”) of the second part,
The Yokohama Specie Bank, Limited, having its office at Yokohama in Japan
(hereinafter called “the Japanese Bank”) of the third part, and,
Messrs. J. P. Morgan & Co., Messrs. Kuhn, Loeb & Co., the National City Bank
of New York, the (Guaranty Trust Company of New York, Messrs Lee, Higginson
& Co., of Boston, and the Continental and Commercial Trust and Savings Bank
of Chicago (hereinafter called “ the American Managers ”) acting as to the United
Kingdom by Messrs. Morgan, Grenfell & Co., of 22 Old Broad Street in the City
of London and as to France by Messrs. Morgan, Marjes & Co., of Paris, of the
fourth part.
Whereas the Hongkong Bank, the French Bank, the Japanese Bank, and the
American Managers are acting for the purposes of this Agreement as the
representatives of the British, French, Japanese and American Groups respectively,
And whereas the British, French, Japanese and American Groups were formed
with the object of negotiating and carrying out Chinese loan business.
And whereas their respective Governments have undertaken to give their
complete support to their respective national groups, the parties hereto, in all
operations undertaken pursuant to the agreement hereinafter contained and have
further undertaken that in the event of competition in the obtaining of any specific
loan contract the collective support of the diplomatic representatives in Peking of
the four Governments will be assured to the parties hereto for the purpose of
obtaining such contract,
And whereas the said national groups are of the opinion that the interests of the
Chinese people can in existing circumstance best be ser ved by the co-operative action
of the various banking groups representing the investment interests of their
respective countries in procuring for the Chinese Government the capital necessary
for a programme of economic reconstruction and improved communications,
And whereas with these objects in view the respective national groups are
prepared to participate on equal terms in such undertakings as may be calculated to
assist China in the establishment of her great public utilities and to these ends
welcome the co-operation of Chinese capital.
Now it is hereby agreed by and between the parties hereto as follows:—-
1. —Each Group reserves to itself the right of increasing or redu
number of its own members but so that any member of a group dropping out shall
remain bound by the restrictive provisions hereof and any member of a group coming-
in shall become subject to the restrictive provisions hereof and so that no group
shall (without the consent of the others) be entitled to admit into its group a new
member who is not of its nationality and domiciled in its market. The admission
of any new group shall be determined by the parties hereto, subject to the approval
of their respective Governments.
2. —This agreement relates to existing and future loan agreemen
involve the issue for subscription by the public of loans to the Chinese Government
or to Chinese Government Departments or to Provinces of China or to companies or
corporations owned or controlled by or on behalf of the Chinese Government or any
Chinese Provincial Government or to any party if the transaction in question is
guaranteed by the Chinese Government or Chinese Provincial Government but does
252 NEW CONSORTIUM AGREEMENT
not relate to agreements for loans to be floated in China. Existing agreements
relating to industrial undertakings upon which it can be shown that substantial
progress has been ma.de ma,y be omitted from the scope of this agreement.
3. —The existing agreements and any future loan agree
.agreement relates and any business arising out of such agreements respectively shall
be dealt with by the said groups in accordance with the provisions of this agreement.
4. —This agreement is made on the principle of complete eq
between the parties hereto and each of the parties hereto shall take an equal share in
all operations and sign all contracts and shall bear an equal share of all charges in
connexion with any business (except stamp duties and any charges of and in
connexion with the realization by the parties hereto in their respective markets of
their shares in the operations) and the parties hereto shall conclude all contracts
with equal rights and obligations as between themselves and each party shall have
the same rights, privileges, prerogatives, advantages, responsibilities and obligations
of every sort and kind. Acccordingiy preliminary advances on account of or in
connexion with business to which this agreement relates shall be borne by each of the
parties hereto in equal shares and each of the parties hereto shall be entitled to
participate equally in the existing agreement and will offer to the other parties hereto
an equal participation with itself in any future loan business falling within the
scope of this agreement. Should one or more of the parties hereto decline a
participation in the existing agreements or any of them or in any such future loan
business as aforesaid the party or parties accepting a participation therein shall be
free to undertake the same but shall issue on its or their markets only.
5. —All contracts shall so far as possible be made so as
liability on the parties hereto but each of the parties hereto shall severally liquidate
its own engagements or liabilities. The parties hereto will so far as possible come to
an understanding with regard to the realization of the operations but so that such
realization in whatever manner this may take place shall be for the separate benefit
of each of the parties hereto as regards their respective participations therein
and so that each of the parties hereto shall be entitled to realize its participation in
the operations only in its own market, it being understood that the issues in the
respective markets are to be made at substantial parity.
6. —Any one or more of the parties hereto who shall have a
participation in any business hereunder shall be entitled by notice in writing to call
upon the other or others of the parties hereto who propose to issue their own
respective participations to issue for the account of the party or parties giving such
notice or notices either all or one-half of the amount which may constitute the
participation of the party or parties giving such notice or notices and the party or
parties so called upon shall issue the said amount or amounts (hereinafter called “ the
Eesiduary Participation”) specified in such notice or notices upon and subject to the
terms and conditions following, viz.:—
(1) Such notice or notices must be received by the other or others of the
parties hereto before the execution of the final agreement for the issue of the
loan or (in the case of an issue of a part only of the loan) of so much
thereof as the parties hereto may from time to time agree to issue.
(2) The party or parties to whom such notice or notices shall have been given
shall be entitled to decide among themselves and without reference to the
party or parties giving such notice or notices as to which one or more of
them shall issue the Eesiduary Participation but in default of any such
decision they shall issue the same equally between them.
(3) In issuing the Eesiduary Participation no distinction shall be made between
the Eesiduary Participation and the amount or amounts issued on its or
their own account by the party or parties issuing the Eesiduary
Participation which shall in all respects be subject to the conditions of the
respective Syndicates which may be formed for the purpose of effecting the
issue.
NEW CONSORTIUM AGREEMENT 253
(4) Each of the parties issuing the Residuary Participation shall be entitled
to decide for itself and without reference to the party or parties giving such
notice or notices as to what expenses shall be incurred in relation to the issue
of the total amount issued by such party.
<5) The party or parties issuing the Residuary Participation shall be entitled
between them to charge the patty or parties giving such notice or notices
with a commission of not exceeding If per cent, on the nominal amount of
the Residuary Participation and also with a pro rata share of the expenses
which the issuing party or parties may in their sole discretion incur in
relation to the whole issue and being in the proportion which the Residuary
Participation bears to the total nominal amount of the issue.
■(6) The party or parties issuing the Residuary Participation shall not by virtue
of this agreement incur any responsibility to subscribe for the Residuary
Participation or to cause the same to be subscribed.
(7) Each party issuing the Residuary Participation shall apply all subscriptions
received by it pro rata between the Residuary Participation issued by it and
the amount issued by such party on its own account.
(8) Each of the parties issuing the Residuary Participation will apply for and
use its best endeavours to obtain a quotation on its market for the total
amount issued by it.
(9) No issue of the Residuary Participation or any part thereof shall be made
by the party or parties giving such notice or notices unless mutually agreed
by the parties hereto.
7. —No participation shall be given by any one of the parties hereto
•own ma-ket. Any participation given in its own market by any one of the parties
hereto shall be for its own market only or in the event of the issue including any of
the Residuarr Participation for the accounts pro rata of the issuing Bank and the
party or parties giving such participation. The party giving the same shall use its
best endeavours to secure that no part of such participation shall be transferred to
parties outside the market of the party giving the same. Any other participation
shall be given only with the consent of all parties hereto and shall be borne in equal
shares by the parties hereto.
8. —This agreement shall remain in force for the period of five years
date hereof provided nevertheless that a .majority of the parties hereto may by
twelvemonths’ previous notice in writing addressed to the other parties hereto
determine this agreement at any time.
In witness whereof the duly authorized representatives of the respective parties
hereto have set their hands the day and year first above written.
For the Hongkong and Shanghai Banking Corporation.
On behalf of the British Group: C. S. Addis.
For the Banque de L’Indo-Chine.
On behalf of the French Group: Th. de la Chaume.
For the Yokohama Specie Bank, Ltd.
On behalf of the Japanese Group): K. Takeuchi.
For and on behalf of the American Group : J. P. Mokgan & Co.
Kuhn, Loeb & Co.
The National City Bank of New York: by J. A. Stillman, President.
The Guaranty Trust Company of New York: by J. R. Swan, Vice-President.
Continental & Commercial Trust Savings Bank, Chicago : by John Jay Abbott,
Vice-President.
Chase National Bank, New York City: by A. H. Wiggin, Chairman.
Lee, Higginson & Co.
WASHINGTON CONFERENCE RESOLUTIONS
THE QUADRUPLE ALLIANCE
Official Text
At the fourth plenary session of the Conference on Limitation of Armaments,,
held on December 10th, 1921, Senator Lodge made public the following draft of a
treaty and accompanying reservations:—
The United States of America, the British Empire, France and Japan, with
a view to the preservation of the general peace and the maintenance of their
rights in relation to their insular possessions and insular dominions in the
regions of the Pacific Ocean, have determined to conclude a treaty to this effect
and have appointed as their plenipotentiaries
The President of the United States
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
For the Dominion of Canada ——
For the Commonwealth of Australia
For the Dominion of New Zealand —
For India
The President of the French Republic
His Majesty the Emperor of Japan——
Who, having communicated their full powers found in good and due form, have
agreed as follows:—
Article I.—The high contracting parties agree as between themselves to
respect their rights in relation to their insular possessions and insular dominions in
the region of the Pacific Ocean. If there should develop between any of the
high contracting parties a controversy arising out of any Pacific question and
involving their said rights, which is not satisfactorily settled by diplomacy and is-
likely to affect the hartnonious accord now happily subsistincr between them, they
shall invite the other high contracting parties to a joint conference to which the-
whole subject will be referred for consideration and adjustment.
Article II.—If the said rights are threatened by the aggressive action of any
other Power, the high contracting parties shall communicate with one another
fully and frankly in order to arrive at an understanding as to the most efficient
measures to be jointly or separately taken to meet the particular situation.
Article III.—This Agreement shall remain in force for ten years from the
time it shall take effect, and after the expiration of said period it shall continue to
be in force subject to the right of any of the high contracting parties to terminate
it upon twelve months’ notice.
Article IV.—This Agreement shall be ratified as soon as possible in accord-
ance with the constitutional methods of the high contracting parties and shall
take effect on the deposit of ratifications, which shall take place at Washington,
and thereupon the Agreement between Great Britain and Japan which was con-
cluded at London on July 13th, 1911, shall terminate.
Reservations.—The signing of this Treaty is on the part of the United States
subject to (reservations affecting) the island of Yap and what are termed the
Mandate Islands in the Pacific Ocean, north of the Equator, the negotiations in
regard to which are almost concluded, and also the reservations with respect to
what are termed the Mandate Islands in the Pacific Ocean south of the Equator.
WASHINGTON CONFERENCE RESOLUTIONS, 1921 255
It should also be observed that the controversies to which the proposed Treaty refers
•do not include questions which, according to the principles of international law,
lie exclusively within the domestic jurisdiction of the respective Powers.
In the course of his address, Senator Lodge stated : “To put it in a few words,
the Treaty provides that the fpur signatory Powers will agree between themselves
in regard to their insular possessions and dominions in the region of the Pacific,
and that if any controversy should arise as to such rights all the high contracting
parties shall be invited to a joint conference looking to the adjustment of such
controversy. They agree to take similar action in the case of aggression by any
■other Power upon these insular possessions or dominions. This Agreement is to
remain in force for ten years, and, after ratification under the constitutional
methods of the high contracting parties, Mie existing agreement between Great
Britain and Japan, which was concluded at London on July 13, 1911, shall
terminate. Each signer is bound to respect the rights of the others, and before
taking action in any controversy to consult with them. There is no provision for
the use of force to carry out any of the terms of the Agreement, and no military or
naval stations lurk anywhere in the background or under cover of these plain and
direct clauses. The surest way to prevent war is to remove the cause of war.
This is an attempt to remove the cause of war over a great area of the globe’s
surface by reliance upon the good faith and honest intentions of the nations which
signed this Treaty solving all differences through a process of diplomacy and joint
■consideration and conciliation.
TERRITORIAL AND ADMINISTRATIVE INTEGRITY OF CHINA
The Far Eastern Committee of the Conference unanimously adopted a resolu-
tion declaring in favour of the territorial and administrative integrity of China.
The resolution, which was drafted and presented by Senator Root, was signed by
■eight Powers, China refraining from appending her signature as being unfitting
in a document regarding herself.
Following is the text of the resolution:—It is the firm intention of the
Powers attending the Conference, firstly, to respect the sovereignty, independence
and territorial and administrative integrity of China; secondly, to provide the fullest,
unembarrassed opportunity for China to develop and to maintain an effective and
stable Government; thirdly, to use their influence for the purpose of effectively
•establishing and maintaining the principle of equal opportunity for commerce and
industry to all nations throughout Chinese territory; fourthly, to refrain from taking
advantage of present conditions in order to seek special rights and privileges
abridging the rights of subjects of friendly States, and also to refrain from
•countenancing any action inimical to the security of such States.”
The Far Eastern Committee passed a resolution, suggested by Sir Auckland
*Geddes, under which the Powers attending the Conference declared their inten-
tion “ not to enter into any treaty, agreement, arrangement, or understanding with
■one another, or individually or collectively with any Power or Powers, which
infringes or impairs the principles declared by the resolution adopted by the Com-
mitte on the 21st ult.” (i.e., Senator Root’s resolution declaring for the territorial
and administrative integrity of China).
2.')6 WASHINGTON CONFERENCE RESOLUTIONS, 1921
FOREIGN FOST OFFICES IN CHINA
Representatives 6f the nine Powers sitting as a Committee on the Pacific and
Far Eastern questions adopted a resolution in favour of the relinquishment of
foreign post-office privileges in China. All the Powers agreed upon January 1st, 1923,
as the date of relinquishment.
The text of the resolution is :—■ “ Recognising the justice of the desire expressed
by the Chinese Government to secure the abolition of foreign postal agencies in
China, save or except in leased territories or otherwise specifically provided for by
Treaty, it is resolved:
“ I:—That the four Powers having such postal agencies agree to their
abandonment, subject to the following conditions : First, that an efficient Chinese
postal service be maintained; second, that an assurance be given by the Chinese
Government that they contemplate no change in the present postal administration
as far as the status of the foreign Co-Direetor-General is concerned.
“II:—To enable China and the Powers concerned to make the necessary
dispositions this arrangement shall come into force not later than (date blank).
Pending the complete withdrawal of foreign postal agencies the four Powers concerned
severally undertake to afford full facilities to the Chinese Customs authorities to'
examine all postal matter (except ordinary letters, whether registered or not, which
upon external examination appear to contain written matter) passing through with a
view to ascertaining whether they contain articles of dutiable contraband or other-
wise contravening the Customs regulations and laws of China.”
EXTRA-TERRITORIAL RIGHTS IN CHINA
A resolution was unanimously adopted by the Far Eastern Committee relative to-
the Extra-Territorial Question, ft provides that the Powers concerned shall establish
a Commission, to which each shall appoint a member, to enquire into the present
practice of extra-territorial jurisdiction in China, and into the laws, the judicial system
and methods of judicial administration, with a view to reporting findings of fact, with
recommendations regarding the means to improve the existing conditions of adminis-
tration of justice in China and to assist the efforts of the Chinese Government to
effect such legislation and judicial reforms as will warrant the Powers in relinquishing
progressively or otherwise their rights of extra-territoriality.
The Commission shall be constituted within three months after the adjournment
of the Conference, and be instructed to submit its report and recommendations within
a year after the Commission’s first meeting. Each of the Powers shall be deemed free
to accept or reject all or any portion of the recommendations, but in no case are any
of the Powers to make acceptance directly or indirectly dependent on China’s granting
any special concession, favour, benefit, or immunity, whether political or economic.
An additional resolution provides that non-signatory Powers having extra-terri-
torial rights in China may accede to the resolution in regard to extra-territoriality
within three months after the adjournment of the Conference.
A further additional resolution expresses China’s satisfaction with the sympathy
of the Powers in regard to the abolition of extra-territoriality, and declares China’s
intention to appoint a Chinese member of the Extra-Territoriality Commission, it
being understood that China is free to accept or reject any or all of the recommenda-
tions of the Commission. China is prepared to co-operate in the work of the-
Commission and in every way to facilitate the successful accomplishment of its task.
WASHINGTON CONFERENCE RESOLUTIONS, 1921 257
RADIO STATIONS IN CHINA
A report was submitted by the Sub-Committee on Drafting relating to radio
stations for China which states that representatives of the nine Powers at the
a (Conference decided that all radio stations in China, whether maintained under the
'©provisions of the International Protocol of September, 1901, or, in fact maintained
ron the grounds of any of the foreign Legations in China, shall be limited in use to
(sending and receiving Government messages and shall not receive or send commercial,
ispersonal, or unofficial messages, including Press matter.
It is provided, however, that in case all other telegraphic communication is inter-
iiirupted, then, upon official notification, accompanied by proof of such interruption, to
he Chinese Ministry of Communications such stations may afford temporary facilities
messages excluded as before-mentioned until the Chinese Government notify the
ermination of the interruption.
All radio stations on Chinese territory operated by foreign Governments’ sub-
jects under treaties or concessions shall limit the messages sent or received by the
isterms of the treaty or concession under which the respective stations are maintained.
ijAny radio station maintained without the authority of the Chinese Government shall
9jbe transferred to China to be operated under the direction of the Chinese Ministry of
(^Communications, against compensation to the owners for the value of the installation,
s as soon as the Ministry is prepared to operate the same effectively for general public
[benefit. Should any question arise regarding radio stations in leased territories,
the South Manchuria railway zone, or the French Concession in Shanghai they
!shall be regarded as matters for discussion between the Chinese Government and the
Governments concerned. Owners or managers of all foreign radio stations shall
confer with the Chinese Ministry of Communications for the purpose of seeking a
common arrangement to avoid interference in the use of wave lengths by wireless
stations in China, subject to such a general arrangement as may be made by the
International Conference convened for revision of the rules established ' by the
London International Radio Telegraph Convention of 1912.
TEXT OF THE NINE-POWER AGREEMENT
The following is the text of the two treaties regarding China approved
on February 4th, 1922, by the Conference at Washington:—
The United States of America, Belgium, the British Empire, China, France,
Italy, Japan, the Netherlands and Portugal:
Desiring to adopt a policy designed to stabilize conditions in the Far East,
! to safeguard the rights and interests of China, and to promote intercourse between
China and the other Powers upon the basis of equality of opportunity, have
resolved to conclude a Treaty for that purpose and to that end have appointed
as their respective plenipotentiaries (Here follow the names of the plenipoten-
tiaries), who, having communicated to each other their full powers, found to be in
good and due form, have agreed as follows:—
Article I.
The contracting Powers, other than China, agree:
1. —To respect the sovereignty, the independence, and the te
and administrative integrity of China.
2. —To provide the fullest and most unembarrassed opportunity t
to develop and maintain for herself an effective and stable Government.
9
258 WASHINGTON CONFERENCE RESOLUTIONS
3. —To use their influence for the purpose of effect
maintaining the principle of equal opportunity for the commerce and industry
of all nations throughout the territory of China.
4. —To refrain from taking advantage of conditions in
special rights or privileges which would abridge the rights of subjects or citizens
of friendly States, and from countenancing action inimical to the security of such
States.
Article II.
The contracting Powers agree not to enter into any treaty, agreement,
arrangement or understanding, either with one another or individually or
collectively, with any Power or Powers, which would infringe or impair the
principles stated in Article I.
Article III.
With a view to apply more effectually the principles of the open door or
equality of opportunity in China for the trade and industry of all nations, the
contracting Powers, other than China, agree they will not seek nor support
their respective nations in seeking :
(a) Any arrangement which might purport to establish in favour of then-
interests any general superiority of rights with respect to commercial or economic
development in any designated regio’n in China.
(b) Any such monopoly or preference as would deprive the nationals of any
other Power of the right of undertaking any legitimate trade or industry in
China, or of participating with the Chinese Government or with any local authority
in any category of public enterprise, or which by reason of its scope, duration or
geographical extent is calculated to frustrate the practical application of the
principle of equal opportunity.
It is understood that the foregoing stipulations of this article are
not to be so construed as to prohibit the acquisition of such properties or rights as
may be necessary to the conduct of a particular commercial, industrial or financial
undertaking or to the encouragement of invention and research.
China undertakes to be guided by the principles stated in the foregoing
stipulations of this article in dealing with applications for economic rights and
privileges from Governments and nationals of all foreign countries, whether parties
to the present treaty or not.
Article IV.
The contracting Powers agree not to support any agreements by their respective
nationals with each other designed to create sphei-es ot influence or to provide for
the enjoyment of mutually exclusive opportunities in designated parts of Chinese
territory.
Article V.
China agrees that throughout the whole of the railways in China she will not
exercise or permit unfair discriminations of any kind. In particular there shall be
no discrimination whatever, direct or indirect, in respect of charges or of facilities
on the ground of the nationality of passengers or the countries from which or to
which they are proceeding, or the origin or ownership of goods or the country from
which or to which they are consigned, or the nationality or ownership of the ship or
other means of conveying such passengers or goods before or after their transport
on the Chinese railways.
The contracting Powers, other than China, assume a corresponding obligation
in respect of any of the aforesaid railways over which they or their nationals are in a
position to exercise any control in virtue of any concession, special agreement or
otherwise.
WASHINGTON CONFERENCE RESOLUTIONS 259
Article VI.
The contracting pai’ties, other than China, agree fully to respect China’s rights
; as a neutral in time of war to which China is not a party; and China declares that
r when she is a neutral she will observe the obligations of neutrality,
Article VII.
The contracting Powers agree that whenever a situation arises which, in the
opinion of any one of them, involves the application of the stipulations of the present
treaty, and renders desirable discussion of such application, there shall be full and
frank communication between the contracting Powers concerned.
Article VIII.
Powers not signatory to the present Treaty which have governments recognised
by the signatory Powers and which have treaty relations with China shall be invited
to adhere to »be present Treaty. To this end the Government of the United States
will make the necessary communications to non-signatory Powers and will inform the
contracting Powers of the replies received. Adherence by any Power shall become
effective on receipt of notice thereof by the Government of the United States.
Article IX.
The present treaty shall be ratified by the contracting Powers in accordance
with their respective constitutional methods, and shall take effect on the date of the
deposit of all the ratifications, which shall take place at Washington as soon as
possible. The Government of the United States will transmit to the other con-
tracting Powers a certified copy of ihe proces verbal of the deposit of ratifications.
The present treaty, of which the English and French texts are both authentic,
shall remain deposited in the archives of the Government of the United States, and
duly certified copies thereof shall be transmitted by that Government to the other
contracting Powers.
In faith whereof the above-named plenipotentiaries have signed the present
Treaty
Done at the City of Washington, the sixth day of February, one thousand
nine hundred and twenty-two.
THE BOAED OF EEFEEENCE.
The following resolution was adopted as a supplement to the general Far
Eastern Treaty:
“ The United States of A.merica, Belgium, the British Empire, China, France,
Italy, Japan, the Netherlands and Portugal:
Desiring to provide a procedure for dealing with questions that may arise in
connection with the execution of the provisions or Articles III. and V. of the Treaty
to be signed at Washington on February 6th, 1922, with reference to their general
policy, designed to stabilize conditions in the Far East, to safeguard the rights and
interests of China, and to between China and the other Powers upon the basis of
equality of Opportunity;
Eesolve, That there shall be established in China a Board of Reference to
which any questions arising in connection with the execution of the aforesaid articles
may be referred for investigation and report.
The special conference, provided in Article II. of the treaty to be signed at
Washington on February 6th, 1922, with reference to the Chinese Customs Tariff
shall formulate for the approval of the Powers concerned a detailed plan for the
constitution of the Board.
9’
2G0 WASHINGTON CONFERENCE RESOLUTIONS
TREATY ON THE CHINESE TARIFF
The treaty relative to the Chinese Tariff and cognate matters reads:—
The United States of America, Belgium, the British Empire, China, France,
Italy, Japan, the Netherlands and Portugal:
With a view to increasing the revenues of the Chinese Government have
resolved to conclude a treaty relating to the revision of the Chinese Customs Tariff
and connate matters, and to that end have appointed as their plenipotentiaries •
(Here follows the names of the plenipotentiaries),who, having communicated, to each ■
other their full powers, found to be in good and (Lue form, have agreed as follows:— I
Article I.
The representatives of the contracting Powers having adopted, on the 4th day of
February, 1922, in the City of Washington, a resolution, which is appended as an
annex to this article, with respect to the revision of Chinese customs duties for the
purpose of making such duties equivalent to an effective 5 per cent., ad valorem, in
accordance with existing treaties concluded by China with other nations, the con-
tracting Powers hereby confirm the said resolution and undertake to accept the 1
tariff rates fixed as a result of such revision. The said tariff rates shall become
effective as soon as possible, but not earlier than two months after publication ?
thereof.
Annex
With a view to providing additional revenue to meet the needs of the Chinese
Government, (he Powers represented at (his Conference, namely, the United States of
America, Belgium, the British Empire, China, France, Italy, Japan, the Netherlands
and Portugal, agree:
That the Customs schedule of duties on imports into China, adopted by the
Tariff Revision Commission at Shanghai on December 19th, 1918, shall forthwith be
revised so that rates of duty shall be equivalent to 5 per cent, effective, as provided
for in the several commercial treaties to which China is a party.
A Revision Commission shall meet at Shanghai at the earliest practicable date
to effect this revision forthwith and on the general lines of the last revision.
This Commission shall be composed of representatives of the Powers above
named and of representatives of any additional Powers, having governments at
present recognized by the Powers represented at th:^, Conference and who have
treaties with China providing for a tariff on imports and exports not to exceed 5
per cent, ad valorem and who desire to participate therein.
The revision shall proceed as rapidly as possible with a view to its completion
within four months from the date of the adoption of this resolution by the Con-
ference on the Limitation of Armaments and Pacific and Far Eastern Questions.
The revised tariff shall become effective as soon as possible, but not earlier than
two months after its publication by the Revision Commission.
The Government of the United States, as convener of the present Conference, is
requested forthwith to communicate the terms of this resolution to the Governments
of Powers not represented at this Conference but who participated in the revision of
1918 aforesaid.
Article H.
Immediate steps shall be taken through a special conference to prepare the way
for the speedy abolition of likin and for the fulfilment of the other conditions laid
down in Article VIII. of the treaty of September 5th, 1902, between Great Britain and
China; in Article IV. and V. of the treaty of October 8th, 1903, between the United
States and China ; and in Article I. of the supplementary treaty of October 8th, 1903,
oetween Japan and China, with a view to levying the surtaxes provided for in these
Articles.
WASHINGTON CONFERENCE RESOLUTIONS 261
The. special Conference shall be composed of representatives of the signatory
lowers, and of such other Powers as may desire to participate and may adhere to
ijhe . present treaty, in accord with the provisions of Article VIIT., in sufficient time to
allow their representatives to take part. It shall meet in China within three months
Ipfter the coming into force of the present treaty on a day and at a place to be
designated by the Chinese Government.
Article III.
The special conference provided for in Article II. shall consider the interim
^provision to be applied prior to the abolition of likin and the fulfilment of the other
n conditions laid down in the articles of the treaties mentioned in Article II.; and it
b shall authorize the levying of a surtax on dutiable imports as from such date, for
“■■mch purposes and subject to such conditions as it may determine.
The surtax shall be at a uniform rate of 2|- •per centum ad valorem, provided
that in case of certain articles of luxury which, in the opinion of the special Conference,
can bear a greater increase without unduly impeding trade, the total surtax may be
increased, but may not exceed 5 per centum ad valorem.
Article IY.
Following the immediate revision of the Customs schedule of duties on imports
into China mentioned in Article L, there shall be a further revision thereof, to take
effect at the expiration of four years following the completion of the aforesaid im-
I mediate revision, in order to insure that the Customs duties shall correspond to the
ad valorem rates fixed by the special Conference provided in Article II.
Following this further revision there shall be for the same purpose periodical
revisions of the Customs schedule of duties of imports into China every seven years,
in lieu of the decennial revision authorized by existing treaties with China.
In order to prevent delay, any revision made in pursuance of this Article shall
be effected in accord with rules to be prescribed by the special Conference provided
for in Article II.
Article Y.
In all matters relating to Customs duties there shall be effective equality of treat-
ment and of opportunity for all the contracting Powers.
Article YI.
The principle of uniformity in the rates of Customs duties levied at all the laud
and maritime frontiers of China is hereby recognised. The special Conference
provided for in Article II. shall make arrangements to give practical effect to this
principle, and it is authorised to make equitable adjustments in those cases in which
a Customs privilege to be’abolished was granted in return for some local economic
advantage.
In the meantime, any increase in the rates of Customs duties resulting from
tariff revision or any surtax hereafter imposed in pursuance of the present Treaty
shall be levied at a uniform rate ad valorem at all land and maritime frontiers of
China.
Article VII.
The charge for transit passes shall be at the rate of 2| per centum ad valorem
until the arrangements provided for by Article II. come into force.
Article VIII.
Powers not signatory to the present Treaty, whose Governments are at present
recognised by the signatory Powers and whose present treaties with China provide
for a tariff on imports and exports not to exceed 5 per centum ad valorem, shall be
invited to adhere to the present Treaty.
262 WASHINGTON CONFERENCE RESOLUTIONS
The Government of the United States undertakes to make the necessary com-
munications for this purpose and to inform the Governments of the contracting
Powers of the replies received. Adherence by any Power shall become effective on
receipt of notice thereof by the Government of the United States.
Article IX.
The provisions of the present Treaty shall override all stipulations of treaties
between China and the respective contracting Powers which are inconsistent there-
with, other than stipulations according most-favoured-nation treatment.
Article X.
The present Treaty shall be ratified by the contracting Powers in accord with
their respective constitutional methods and shall take effect on the date of the 1
deposit of all the ratifications, which shall take place at Washington as soon as
possible. The Government of the United States will transmit to the contracting.
Powers a certified copy of the proces verbal of the deposit of ratifications.
The present Treaty, of which the English and French texts are both authentic, ]
shall remain deposited in the archives of the Government of the United States, and
duly certified copies thereof shall be transmitted by that Government to the other
contracting Powers.
In faith whereof the above-named plenipotentiaries have signed the present
Treaty.
Done at the City of Washington the sixth day of February, one thousand nine
hundred and twenty-two.
THE TRANSFER OE SHANTUNG
THE TEXT OF THE AGREEMENT SIGNED DECEMBER 1st, 1922
The Governments of the Chinese Republic and the Japanese Empire, acting in
i"accordance with Article II. of the Treaty for the Settlement of Outstanding Questions
^Relative to Shantung signed February 4th, 1922, at Washington, have for the pur-
opose of settlement of details as stated in the said Treaty appointed hereby their
commissioners respectively to form a Sino-Japanese Joint Commission, that is to say:
The Government of the Chinese Republic: Cheng-ting Thomas Wang, Director-
ts Seneral for the Rehabilitation of Shantung Rights; Tsai-chang Tang, Councillor
ofco the Ministry of Foreign Affairs; Tung-fan Hsu, Councillor to the Directorate-
» General for the Rehabilitation of Shantung Rights; and Chen-Kan, Former Adviser
oto the Inspectorate-General of Hunan and Hupeh.
The Government of the Japanese Empire: Yukichi Obata, Envoy Extraordinary
. and Minister Plenipotentiary to China; Masanoske Akiyama, Chief of Tsingtao
'i Civil Administration; Kasuji Debuchi, Councillor of Embassy.
Who have agreed at Peking upon the following articles :—
Section I.-—Transfer of the former German Leased Territory of Kiaochow
Art. I.—The Government of Japan, in accordance with Article I. of the Treaty for
the Settlement of Outstanding Questions Relative to Shantung on the transfer to
China of the former German Leased Territory of Kiaochow has decided to transfer
the entire administration to China at noon on the 10th day of the twelfth month of
I the eleventh year of the Chinese Republic (or 10th day of the 12th month of the 11th
year of Taisho). After such transfer, all administrative rights and responsibilities
shall belong to China, but in accordance with the agreement those which should be-
long to the Japanese Consulate are not covered by this Article.
Art. II.—The Governments of China and Japan shall appoint a committee with
powers'of concluding detailed arrangements for the transfer or taking over of the
administration of public properties (including wharves and warehouses) as well as
the transfer or taking over of the necessary documents as stipulated in Articles III.
and IV. of the Treaty for the Settlement of Outstanding Questions Relative to
Shantung.
Art. III.—The committees of the Governments of China and Japan as stated in
the above-mentioned Article shall complete all matters concerning the transfer or
taking over within one month from the day of the transfer to China of the adminis-
tration.
Art. IV.—The Government of China shall respect all the judgments of the
Japanese courts as well as the force of all the registrations, evidences, certificates, etc.
Section II.—Withdrawal of Japanese Troops
Art. Y.—All Japanese troops (including gendarmes) stationed at Tsingtao shall
i be withdrawn within twenty days from the date as stated in Article I.
Section III.—Leasing of Land
Art. VI.—The Government of China agrees to extend the permit granted by the
Japanese Administration before the exchange of ratifications of the Treaty for the
Settlemeut of Outstanding Questions Relative to Shantung to thirty years upon its
expiration and under the same conditions.
Upon expiration of the above-mentioned thirty years such lease may still he con-
tinued but it shall be in accordance with Land Regulations of Kiaochow. Permit
ofJ land not yet expired, granted by the Japanese Administrations before the ex-
change of ratifications and on which no construction has been begun is, however, not
covered by the stipulations in the above paragraph.
264 THE TRANSFER OF SHANTUNG
Permit of land granted by the Japanese Administration after the exchange of
ratifications of the same Treaty shall all cease to be effective, but before the 10th day
of the 12th month of the 11th year of the Chinese Kepublic land on which construc-
tions have been begun may be given prior consideration by the Kiaochow Adminis-
tration when they are leased.
Section IY.—Public Properties
Art. VII.—In accordance with Article VII. of the Treaty for the Settlement
of Outstanding Questions Relative to Shantung public properties which ought to be
retained by Japan are as follows :
(a.) Properties needed by the Japanese Consulate.
(b.) Properties needed by the Japanese community.
All boundaries of the two kinds of the above-mentioned public properties to be
retained are limited to what is indicated.
Art. VIII.—All public properties beyond what is stated in Article IV. shall be
transferred to China.
Art. IX. —Public properties along the Kiaochow-Tsinanfu Railway which ought
to be retained by the Japanese G-overnment in accordance with the agreement for
the withdrawal of Japanese troops shall be separately agreed upon by the two Govern-
ments when the names of places to be opened to international trade are decided upon.
Art. X.—The Government of Japan agrees to transfer to China without com-
pensation half of the Tsingtao-Sasebo Cable. The Tsingtao end of the said cable shall
be managed by the Government of China and the Sasebo end of the same by the
Government of Japan.
Art. XI.—Arrangements for the management of the said cable shall be separately
agreed upon by the two Governments.
Art. XII.—The Government of China declares that upon expiration of the tele-
graph and cable monopoly granted to the foreign concerns she will discontinue it
upon its own initiative and will not further grant any monopoly to any Government,
Company, or individual.
Art. XIII.—The Government of China agrees upon taking over the Tsingtao
and Tsinanf u Wireless Stations to open them to public use within the following spheres:
(1.) Between Tsingtao Wireless Station and steamers on the seas.
(2.) Between Tsingtao and Tsinanfu Wireless Stations (for so long a period as
both stations exist).
Art. XIV.—The Government of China agrees to continue the use of Japanese
alphabets in the following telegraph services:
(1.) Tsingtao Cable service.
(2.) Tsingtao Wireless service.
(3.) Tsingtao, Szefang and Tsangkow services.
The above-mentioned telegraph services at Szefang and Tsangkow, when
dispatching and receiving Japanese alphabets, shall require a special charge, the
exact amount of which shall be agreed upon by the responsible authorities of China
and Japan.
Art. XV.—The Government of China agrees upon taking over the Kiaochow-
Tsinanfu Railway (including branch lines) to open the telegraph service at the
main stations along the railway to public use.
Art. XVI.—The Government of China agrees upon taking over the military
telephone service between Tsingtao and Tsinanfu to open it herself to public use and
give the subscribers fair facilities.
Section VI.—Salt Interests
Art. XVII.—The Governments of China and Japan acting in accordance with
Article V. of the Treaty for the Settlement of Outstanding Questions Relative to
•Shantung agree upon the following provisions for the exportation of salt along the
shore of Kiaochow:
THE TKANSFEE OF SHANTUNG
(1.) Japan shall, within a period of fifteen years beginning from the twelfth
year of the Chinese Republic, purchase annually Tsingtao salt between
the maximun amount of 350,000,000 catties and the minimum amount
of 100,000,000 catties. But upon expiration of the above-mentioned
period further arrangement may be made.
(2.) The Government of China agrees to apply regulations for the inspection
of the quality of salt promulgated January of the 10th year of Taisho to
the Tsingtao salt purchased by Japan. But in case of the necessity for
change, further arrangement may be made.
(3.) The place for delivery of salt shall be the wharves of Munji or other
places designated by the Japanese responsible authorities. But, in case
of exportation of salt to other place than Munji, the difference of similar
i reight charge for salt exported from other quarters shall be given (the
difference between Munji and the place to be designated).
(4.) The detailed arrangements for the purchase of salt by Japan as stated
above shall be agreed upon by the Chinese and Japanese responsible
authorities.
J Section YII.—Compensation for Public Properties and Salt Industries
-I Art. XVIII.—The Government of China agrees, in accordance with Article VI.
on the compensation for public properties to be transferred and Article XXV. on the
ndgompensation for the Japanese salt industries along the shore of Kiaochow Bay of
9»he Treaty for the Settlement of Outstanding Questions Relative to Shantung, to
Iftieliver to the Government of Japan Y. 16,000,000.
Two million yen of the above-mentioned amount shall be paid in Cash within
cone month after transfer of public properties and salt industries.
Art. XIX.—The Government of China agrees in payment for the above-men-
litioned Y. 14,000,000 to deliver to Japan treasury notes upon the complete transfer of
apublic properties and salt industries.
Art. XX.—The conditions for the above-mentioned treasury notes are as follows:
(1.) The total value of Chinese treasury notes shall be 14,000,000 yen.
(2.) The Chinese treasury notes shall bear an annual interest of 6 per cent.
(3.) These notes shall be redeemed within a period of fifteen years. No
principal is to be paid on the first year. Beginning from the second
year, a sum to the amount of Y. 500,000 shall be paid two times a year on
the date of payment of interest, but at any time after the second year
upon three months’ notice all the treasury notes may be redeemed.
(4.) Besides the surplus to the Customs revenue and Salt Gabelle which will
serve as securities for these treasury notes the Chinese Government shall
give consideration to select other kind of reliable securities and reach an
agreement with the Japanese Minister at Peking at an early date. The
Government of China agrees to give priority to such treasury notes up,op
re-organization of the Chinese foreign loans.
(5.) If the above-mentioned securities are not sufficient to meet the principal
or interest of the treasury notes the Chinese Government agrees to pay
through other kind of sources.
(6.) Interest of the Chinese treasury notes shall be paid twice a year begin-
ning from the day of the delivery of such notes.
(7.) The plaee for the redemption of principal or interest of these treasury
notes is decided to be at Tokyo and to be managed through the Yokohama
Specie Bank, but if the place for delivery of payments or the name of
banks should be changed for the convenience of the Japanese Govern-
ment, it must be arranged with the Chinese Government.
(8.) The Government of China shall free the treasury notes and coupons , as
well as the redemptions of the principal or interest of the said treasury
notes from all taxes or duties.
THE TRANSFER OF SHANTUNG
(9.) These treasury notes may after delivery be partially or completely trans-
ferred to others at the convenience of the Japanese Government.
(10.) These notes shall be known as the treasury notes in Japanese gold yen
for the compensation of public properties and salt industries at Tsingtao.
(11.) These treasury notes shall have attached to them half-yearly interest
coupons and shall bear all the conditions such as marks, numbers, date
of delivery, the signatures of Chinese representatives, seals, amount of
interest, period of redemption, security, certificate for the payment by the
Chinese Government, mode of payment for principal and interest, and the
underwriters. The treasury notes are to be divided into two kinds of
100,000 yen and 500,000 yen to be made up in accordance with the
numbers required.
(12.) Expenses for the printing of the treasury notes shall be borne by the
Chinese Government.
(13.) Pending the delivery of the formal Chinese treasury notes, the Chinese
Government shall give a provisional certificate.
Section VIII.—Mines
Art. XXI.—The Governments of China and Japan, with a view to organize a
Company in accordance with Article XXII. of the Treaty for the Settlement of Out-
standing Questions Relative to Shantung, shall cause entrepreneurs to be selected by
the capitalists respectively who will organize a company for the conduct of the
business.
Art. XXII.—Upon the establishment of the Company organized in accordance
with a special charter from the Chinese Government, the Japanese Government
shall transfer all the mines of Tzechuen, Fangtze and Chinglinchen to the said
company.
Art. XXIII.—The above-mentioned Company shall be a Sino-Japanese joint
concern. Its capital and additional investments shall be divided equally by Chinese
and Japanese nationals.
Art. XXIV.—The amount of the total payment to Japan to be made by the said
Company shall be Y. 5,000,000.
Art. XXV.—The detailed arrangements for the payment of the amount men-
tioned in the above Article shall be arranged after the latter’s establishment.
Section IX.—Maritime Customs
Art. XXVI—The Government of China agrees to continue the present bonded
warehouse system.
Art. XXVII.—The Government of China agrees to free from import duty such
articles mentioned in (c) of Article III. in the Amendment to the Maritime Customs
Agreement of 1905, as were purchased before the date of February 4th, 1922, for
four years beginning from the said date.
Art. XXVIII.—The Government of China agrees to accord similar treatment to
the factories within the former German Leased Territory of Eiaochow as given to
factories in the other ports after the 10th day of the 12th month of the 11th year,
but upon change of such regulations after such date all materials and articles im-
ported to the factories in acordance with the agreement of April 17th, 1907, which
could be proved to the Maritime Customs upon delivery of necessary certificates may
still take advantage of the said agreement.
In witness whereof the respective commissioners have signed the present
agreement in duplicates in the Chinese and Japanese languages, and have affixed
thereto their seals. Each Commission shall keep one copy in Chinese and another
copy in Japanese.
Done at the City of Peking, 1st day of 12th month of 11th year of the Chinese
Republic.
TREATIES WITH SIAM
GREAT BRITAIN
TREATY OP FRIENDSHIP AND COMMERCE
Ratifications Exchanged at Bangkok, 15th April, 1856
Art. I.—There shall henceforward be perpetual peace and friendship between
fffer Majesty and her successors, and Their Majesties the Kings of Siam and their
'successors. All British subjects coming to Siam shall receive from the Siamese
’•JGovernment full protection and assistance to enable them to reside in Siam in full
:‘) ecurity, and trade with every facility, free from oppression or injury on the part of
i he Siamese, and all Siamese subjects going to an English country shall receive from
oihe British Government the same complete protection and assistance that shall be
Bi'ranted to British subjects by the Government of Siam.
Art. II.—The interests of all British subjects coming to Siam shall be placed under
he regulation and control of a Consul, who will be appointed to reside at Bangkok;
aae will himself conform to, and will enforce the observance by British subjects of, all
*he provisions of this Treaty, and such portions of the former Treaty negotiated by Cap-
ijtain Burney, in 1826, as shall still remain in operation. He shall also give effect to all
hjrules or regulations that are now or may hereafter be enacted for the government of
wBritish subjects in Siam, and conduct of their trade, and for the prevention of viola-
iitions of the laws of Siam. Any disputes arising between British and Siamese subjects
utehall be heard and determined by the Consul, in conjunction with the proper
siiSiamese 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
omot 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
>mot 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
ifthis Treaty.
Art. III.—If Siamese in the employ of British subjects offend against the law of
fitheir 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
S guilt or desertion, shall be delivered up by the Consul to the Siamese authorities. In
like manner any British offenders resident or trading in Siam who may desert, escape
), to, or hide themselves in, Siamese territory, shall be apprehended and delivered over
to the British Consul on his requisition. Chinese not able to prove themselves to be
3 British subjects shall not be considered as such by the British Consul, nor be entitled
I to his protection.
Art. IY.—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
t Treaty. British subjects coming to reside at Bangkok may rent land, buy or build
268 TREATY BETWEEN GREAT BRITAIN AND SIAM
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 iof Bangkok, to be computed by the rate at which boats of
the country can travel. In order to obtain possession of such land or houses, it will be
necessary that the British subject shall, in the first place, make application through the
Consul to the proper Siamese officers; and the Consul, having satisfied himself of the
honest intention of the applicant, will assist him in settling, upon equitable terms, the
amount of the purchase money, will mark out and fix the boundaries of the property,
and will convey the same to the British purchaser under sealed deeds. Whereupon
he and his property shall be placed under the protection of the Governor of the district
and that of the particular local authorities; he shall conform, in ordinary matters, to
any just directions given him by them, and will be subject to the same taxation that is
levied on Siamese subjects. But if, through negligence and want of capital or other
cause, a British subject should fail to commence the cultivation or improvement of the
land so acquired within a term of three years from the date of receiving possession
thereof, the Siamese Government shall have the power of resuming the property, upon
returning to the British subject the purchase-money paid by him for the same.
Art. V.—All British subjects intending to reside in Siam shall be registered at
the British Consulate. They shall not go out to sea, nor proceed beyond the limits
assigned by this Treaty for the residence of British subjects, without a passport from
the Siamese authorities, to be applied for by the Britsh Consul; nor shall they leave
Siam if the Siamese authorities show to the British Consul that legitimate objection
exists to their quitting the country. But within the limits appointed under the
preceding article, British subjects are at liberty to travel to and fro under protection
of a pass, to be furnished them by the British Consul and counter-sealed by the proper
Siamese officer, stating, in the Siamese characters, their names, calling, and description.
The Siamese officers of the Government stations in the interior may, at any time, cal)
for the production of this pass, and immediately on its being exhibited they must
allow the parties to proceed; but it will be their duty to detain those persons who, by
travelling without a pass from the Consul, render themselves liable to the suspicion of
their being deserters; and such detention shall be immediately reported to the Consul.
Art. VI.—All British subjects visiting or residing in Siam shall be allowed the
free exercise of the Christian religion and liberty to build churches in such localities
as shall be consented to by the Siamese authorities. The Siamese Government will
place no restriction upon the employment by the English of Siamese subjects as
servants, or in any other capacity. But whenever a Siamese subject belongs to or owes
service to some particular master, the servant who engages himself to a British
subject without the consent of his master may be reclaimed by him; and the Siamese
Government will not enforce an agreement between a British subject and any Siamese
in his employ unless made with the knowledge and consent of the master who has a
right to dispose of the services of the person engaged.
Art. VTI.—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 fro 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 absenco
of a British ship of war the Siamese authorities engage to furnish the Consul with &
force sufficient to enable him to give effect to his authority over British subjects and
to enforce discipline among British shipping.
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
TREATY BETWEEN GREAT BRITAIN AND SIAM
c to the payirierit bf import and export duties on the goods landed or shipped: On all
in articles of import the duties shall be three per cent., payable at the option of the
ji: importer, either in kind or money, calculated upon the market value of the goods.
r(I Drawback of the full amount of duty shall be allowed upon goods found unsaleable
i and re-exported. Should the British merchant and the Custom-house officers dis-
j: agiee as to the value to be set npoh imported articles, such disputes shall be referred
oJ to the Consul and proper Siamese officer, who shall each have the power to call in an
j9 equal number of rherchants as assessors, not exceeding two on either side, to assist
3 them in coming to an equitable decision.
Opium may be imported free of duty, but can only be sold to the Opium Farmer
0 or his agents. In the event of no arrangement being effected with them for the sale
o of the opium, it shall be re-exported, and no impost or duty shall be levied thereon.
1 Any infringement of this regulation shall subject the opium to seizure and confisca-
i 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
ii 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
tj it is distinctly agreed that goods or produce which pay any description of tax in the
t 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
j articles in which they trade, and in like manner to sell their goods directly to the
j 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
I 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 upoii 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.
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,
etc., together with a true manifest of his import cargo ; and upon the Consuls
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
TAEIFF OF DUTIES—SIAM 27 L
jRexceeding ten pounds ; or any such subject who wilfully harbours or secretes a person
e 3. deserted from his ship incurs a penalty not exceeding twenty pounds, if it be proved
ndthat he had knowledge of his being a deserter.
In default of the payment of such tines, the offender is to be imprisoned in the
:c|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
ot Consulate.
Art. XI.—The discharge of guns from vessels anchored in the port of Bangkok,
i'i without notice having been previously given, and permission obtained through H.M.
'M Consul from the proper Siamese authority, is forbidden, under a penalty not exceed-
ri ing ten pounds.
Art. XII.—It is strictly prohibited to shoot birds within the precincts of the
f Wats or Temples, either in Bangkok or elsewhere within the Siamese dominions, or to
:de* injure or damage any of the statues or figures, the trees or shrubs in such localities of
3 Siamese worship; any British subject or seaman of a British vessel guilty of such an act
it renders himself liable to a penalty not exceeding twenty pounds, or in default thereof
>f to an imprisonment in the Consular gaol for a period of not more than one month.
Art. XIII.—When a vessel under the British flag is ready to leave the port of
I Bangkok, the master will give notice at the Consulate office, and hoist a blue peter
t twenty-four hours before departure, which is to fly until she breaks anchorage.
Art. XIY.—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
1 master, as in a case of smuggling, subjects himself to a penalty of 800 ticals (equal
f to J6100), and goods so taken or discharged will be liable to confiscation.
Art. XY.—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 Tical
106 Salting Fuang o0 Hdn
342 Rhinoceros’
Gamboge horns •. 60 00
0 0
0 per picul
000 ,,,,„
Cardamons, best 14 0 0
<»76 Cardamons,
Dried mussels
Pelicans’
bastard
quills
01
21
0
20
11
o0
0
00 ,,,,,,
89 Krachi
Betel nut,wooddried 0 0
2 00 09 >■
1011 Sharks’ fins, white
Sharks’fins, black 306 020 000 000 ,,,.,,
12 Lukkrabau
■ 1H14 Peacocks’tails seed 100
Buffalo and hides
1616 Rhinoceros’ cow bones 0 O20 0
O00
0 per 100 tails
003 "nor picul
,,
1718 SoftHide cuttings
Turtleditto
shell 01 0 1 0 0 ,,,,,,
e-de-n • 1 0 0 0
Fish
Birds’maws
nests, uncleaned 2063 per cent.(0>
Kingfishers’feathers
Outch
Beyche seedseedfNwa; Vomica)
Pungtarai 000 2
22
Gum
Angrai Benjamin
bark 4 0
Agillaskins
Bay wood 230 002
Old deers’ horns
Soft, or young ditto 10 per cent.1
0
272 AGREEMENT BETWEEN GREAT BRITAIN AND SIAM
Tical S a lung Fuang Hun
32 Deer Deer hides,
hides, fine 0 per 100 hides
343533 Deer
Buffalosinews
and
common
cow hides
3t37> Tigers’
Elephants’ bones
Buffalo bones
3839 Elephants’ hornshides per skin
414012 Tigers’
Armadillo skinskins per picul
4344' Sticklac
Hemp
Dried Fish,
Fish, Plusalit
Plaheng
45 Dried
474846 Mangrove
Sapanwcod
Salt meat bark
4950 Rosewood
Ebory
51II,—TheRice undermentioned Articles being subject to the Inland or TransitO per koyan
duties
herein named, and which shall not be increased, Tical calcn Fgang — duty:—
shall be exempt from export
11
5253 Sugar,„ WhiteRed
5455 Cotton,
Paper clean and uncleaned...
575658 Dried
Salt fish,andPlat
Beans Prawns Peas
5960 Tilseed
Silk,
61 TawoolBees’ raw
wax e fif eenth
0 per picul
636162 Tobacco
Salt 00 p.per
1,000koyan
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
he rate now paid.
AGREEMENT RELATIVE TO THE REGISTRATION
OE BRITISH SUBJECTS IN SIAM
Signed at Bangkok, November 29th, 1899
The G-overnments 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 satisfactory 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,
1885, 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.
TKEATY BETWEEN GREAT BRITAIN AND SIAM 273
3. All persons of Asiatic descent, born within the Queen’s dominions, or
inaturalized 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
il third category.
No grandchildren born in Siam of persons mentioned in the third category are
6 entitled to be registered for protection in Siam.
5. The wives and widows of any persons who are entitled to be registered under
t 'the foregoing categories.
Art. II.—The lists of such registration shall be open to the inspection of a
1 properly authorized representative of the Siamese Government on proper notice
h 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. Y.—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] (Signed) Geqkge Greville.
„ „ Devawongse Varoprakar.
TREATY BETWEEN GREAT BRITAIN AND SIAM
Signed at Bangkok, March 10th, 1909
Ratifications Exchanged at London, July 9th, 1909
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
King of Siam, being desirous of settling various questions which have arisen affect-
ing their respective dominions, have decided to conclude a Treaty, and have appointed
for this purpose as their Plenipotentiaries:
His Majesty the King of Great Britain* Ralph Paget, Esq., his Envoy Extra-
ordinary and Minister Plenipotentiary, etc.; His Majesty the King of Siam, His
Royal Highness Prince Devawongse Yaroprakar, Minister for Foreign Affairs, etc.;
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 follow-
ing Articles:—
Art. I.—The Siamese Government transfers to the British Government all
■rights of suzerainty, protection, administration, and control whatsoever which they
possess oyer the States of Kelantan, Tringganu, Kedah, Perlis, and adjacent islands.
The frontiers of these territories are defined by the Boundary Protocol annexed hereto.
274 TREATY BETWEEN GREAT BRITAIN AND SIAM
Art. II.—The transfer provided for in the preceding Article shall take place f
within thirty days after the ratification of this Treaty. :
Arh III.—A mixed Commission, composed of Siamese and British officers, shall.
be appointed within six months after the date of ratification of this Treaty, and shall ?
be charged with the delimitation of the new frontier. The work of the Commission. I
shall be commenced as soon as the season permits, and shall he carried out in Ji
accordance with the Boundary Protocol annexed hereto.
Subjects of His Majesty the King of Siam residing within the territory de- i
scribed in Article I. who desire to preserve their Siamese nationality will, during the ;
period of six months after the ratification of the present Treaty, be allowed to do so
if they become domiciled in the Siamese dominions. His Britannic Majesty's
Government undertake that they shall be at liberty to retain their immovable ;;
property within the territory described in Article I.
It is understood that in accordance with the usual custom where a change of
suzerainty takes place any Concessions within the territories described in Article I. 1
hereof to individuals or companies, granted by or with the approval of the Siamese
Government, and recognized by them as still in force on the date of the signature of
the Treaty, will be recognized by the Government of His Britannic Majesty.
Art. IV.—His Britannic Majesty’s Government undertake that the Government 1
of the Federated Malay States shall assume the indebtedness to the Siamese Govern- |
ment of the territories described in Article I.
Art. Y.—The jurisdiction of the Siamese International Courts, established by
Article VIII. of the Treaty of the 3rd September, 1883, shall, under the conditions j
defined in the Jurisdiction Protocol annexed hereto, be extended to all British sub-
jects in Siam registered at the British Consulates before the date of the present Treaty.
This system shall come to an end and the jurisdiction of the International
Courts shall be transferred to the ordinary Siamese Courts after the promulgation
and the coming into force of the Siamese codes, namely, the Penal Code, the Civil
and Commercial Codes, the Codes of Procedure, and the Law for organization of
Courts.
All other British subjects in Siam shall be subject to the jurisdiction of the
ordinary Siamese Courts under the conditions defined in the Jurisdiction Protocol.
Art. VI.—-British subjects shall enjoy throughout the whole extent of Siam the
rights and privileges enjoyed by the natives of the country, notably the right of
property, the right of residence and travel.
They and their property shall be subject to all taxes and services, but these
shall not be other or higher than the taxes and services which are or may be imposed
by law on Siamese subjects. It is particularly understood that the limitation in the
Agreement of the 20th September, 1900, by which the taxation of land shall not
exceed that on similar land in Lower Burmah, is hereby removed.
British subjects in Siam shall be exempt from all military service, either in the
army or navy, and from all forced loans or military exactions or contributions.
Art. VII.—-The provisions of all Treaties, Agreements, and Conventions between
Great Britain and Siam, not modified by the present Treaty, remain in full force.
Art. VIII.—The present Treaty shall be ratified within four months from its date.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, in the year 1909.
[Seal] (Signed) Kalfh Paget.
„ „ Devawongse Varoprakar.
Annex 1
Boundary Protocol annexed to the Treaty
The frontiers between the territories of His Majesty the King of Siam and the
territory over which his suzerain rights have by the present Treaty been transferred
His to Majesty the King of Great Britain and Ireland are as follows:—
TEE ATY BETWEEN GREAT BRITAIN AND SIAM 275
Commencing from the most seaward point of the northern bank of the estuary
hof the Perils River and thence north to the range of hills which is the watershed
teibetween the Perils River on the one side and the Pujoh River on the other; then
^following the watershed formed by the said range of hills until it reaches the main
sfwatershed or dividing line between those rivers which flow into the G-ulf of Siam on
tthe one side and into the Indian Ocean on the other; following this main watershed
- so as to pass the sources of the Sungei Patani, Sungei Telubin, and Sungei Perak,
to a point which is the source of the Sungei Pergau; then leaving the main watershed
a and going along the watershed separating the waters of the Sungei Pergau from
utthe Sungei Telubin, to the hill called Bukit Jeli or the source of the main stream of
I-the Sungei Golok. Thence the frontier follows the thalweg of the main stream of
the -Sungei Golok to the sea at a place called Kuala Tabar.
This line will leave the valleys of the Sungei Patani, Sungei Telubin, and Sungei
Tanjung Mas and the valley on the left or west bank of the Golok to Siam and the
whole valley of the Perak River and the valley on the right or east bank of the
* • Golok to Great Britain.
| Subjects of each of the parties may navigate the whole of the waters of the
I Sungei Golok and its affluents.
The island known as Pulo Langkawi, together with all the islets south of mid-
channel between Terutau and Langkawi and all the islands south of Langkawi shall
become British. Terutau and the islets to the north mid-channel shall remain
to Siam.
With regard to the islands close to the west coast, those lying to the north of
the parallel of latitude where the most seaward point of the north bank of the
Perlis River touches the sea shall remain to Siam, and those lying to the south of
that parallel shall become British.
All islands adjacent to the eastern States of Kelantan and Tringganu, south of
a parallel of latitude drawn from the point where the Sungei Golok reaches the coast
at a place called Kuala Tabar shall be transferred to Great Britain, and all islands
to the north of that parallel shall remain to Siam.
A rough sketch of the boundary herein described is annexed hereto.
2. The above-described boundary shall be regarded as final, both by the Govern-
ments of His Britannic Majesty and that of Siam, and they mutually undertake that,
so far as the boundary effects any alteration of the existing boundaries of any State
or province, no claim for compensation on the ground of any such alteration made
by any State or province so affected shall be entertained or supported by either.
3. It shall be the duty of the Boundary Commission, provided for in Article III.
of the Treaty of this date, to determine and eventually mark out the frontier above
described.
If during the operations of delimitation it should appear desirable to depart
from the frontier as laid down herein, such rectification shall not under any
circumstance be made to the prejudice of the Siamese Government.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, 1909.
[Seal] (Signed) Ralph Paget.
„ Devawojstgse Vaeopeakae.
Annex 2
■ Protocol concerning the Jurisdiction applicable in the Kingdom of Siam to British
Subjects and annexed to the Treaty dated March 10, 1909.
Sec. 1.—International Courts shall be established at such places as may seem
desirable in the interests of the good administration of justice; the selection of these
■ places shall form the subject of an understanding between the British Minister at
Bangkok and the Siamese Minister for Foreign Affairs.
276 TREATY BETWEEN GREAT BRITAIN AND SIAM
Sec. 2.—The jurisdiction of the International Courts shall extend—
1. In civil matters: To all civil and commercial matters to which British subjects-
shall be parties.
2. In penal matters: To breaches of law of every kind, whether committed-
by British subjects or to their injury.
Sec. 3.—The right of evocation in the International Courts shall be exercised
iu accordance with the provisions of Article VIII. of the Treaty of the 3rd September,-
1883.
The right of evocation shall cease to be exercised in all matters coming within
the scope of codes or laws regularly promulgated as soon as the text of such codes or
laws shall have been communicated to the British Legation in Bangkok. There shall
be an understanding between the Ministry for Foreign Affairs and the British
Legation at Bangkok for the disposal of cases pending at the time that the said
codes and laws are communicated.
Sec. 4.—In all cases, whether in the International Courts or in the ordinary
Siamese Courts in which a British subject is defendant or accused, a European legal
adviser shall sit in the Court of First Instance.
In cases in which a British born or naturalized subject not of Asiatic descent
may be a party, a European adviser shall sit as a Judge in the Court of First
Instance, and where such British subject is defendant or accused the opinion of the
adviser shall prevail.
A British subject who is in the position of defendant or accused in any case
arising in the provinces may apply for a change of venue, and should the Court
consider such change desirable the trial shall take place either at Bangkok or before
the Judge in whose Court the case would be tried at Bangkok. Notice of any such
application shall be given to the British Consular officer.
Sec. 5.—Article IX. of the Treaty of the 3rd September, 1883, is repealed.
Appeals against the decisions of the International Courts of First Instance shall
be adjudged by the Siamese Court of Appeal at Bangkok. Notice Of all such
appeals shall be communicated to His Britannic Majesty’s Consul, who shall have
the right to give a written opinion upon the case to be annexed to the record.
The judgment on an appeal from either the International Courts or the ordinary
Siamese Courts shall bear the signature of two European Judges.
Sec. 6.—An appeal on a question of law shall lie from the Court of Appeal at
Bangkok to the Supreme or Dika Court.
Sec. 7.—No plea of want of jurisdiction based on the rules prescribed by the
present Treaty shall be advanced in any Court after a defence on the main issue has
been offered.
Sec. 8.—In order to prevent difficulties which may arise in future from the
transfer of jurisdiction contemplated by the presentTreaty and Protocol, it is agreed:—
(a.) All cases in which action shall be taken subsequently to the date of the
ratification of this Treaty shall be entered and decided in the competent International
or Siamese Court, whether the cause of action arose before or after the date of
ratification.
(b.) All cases pending in His Britannic Majesty’s Courts in Siam on the date of
the ratification of this Treaty shall take their usual course in such Courts and in any
Appeal Court until such cases have been finally disposed of, and the jurisdiction of
His Britannic Majesty’s Courts shall remain n full force for this purpose.
The execution of the judgment rendered in any such pending case shall be carried
out by the International Courts.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, 1909.
[Seal] (Signed) Ralph Paget.
„ „ Devawongse Varoprakar. .
TREATY BETWEEN GREAT BRITAIN AND SIAM 27T
Annex 3
I Mr. Paget to Prince Devawongse
M. le Ministre, March 10, 1909.
In view of the position of British possessions in the Malay Peninsula and of the
contiguity of the Siamese Malay provinces with British-protected territory, His
Majesty’s Government are desirous of receiving an assurance that the Siamese
Government will not permit any danger to arise to British interests through the use-
of any portion of the Siamese dominions in the peninsula for military or naval
purposes by foreign Powers.
His Majesty’s Government would therefore request that the Siamese Govern-
ment shall not cede or lease, directly or indirectly, to any foreign Government any
territory situated in the Malay Peninsula south of the southern boundary of the-
Monthon Rajaburi, or in any of the islands adjacent to the said territory; also that
within the limits above mentioned a right to establish or lease any coaling station, to-
build orown any construction or repairing docks, or to occupy exclusively any harbours,
the occupation of which would be likely to be prejudicial to British interests from a
strategic point of view, shall not be granted to any foreign Government or Company.
Since this assurance is desired as a matter of political expediency only, the-
phrase “coaling station” would not be held to include such small deposits of coal as-
may be required for the purposes of the ordinary shipping engaged in the Malay
Peninsula coasting trade.
Prince Devawongse to Mr. Paget
M. le Ministre, Foreign Office, Bangkok, March 10, 1909.
I have the honour to acknowledge receipt of your note of this date, in which
you express the desire of your Government that the Siamese Government shall not
cede or lease, directly or indirectly, to any foreign Government any territory situated
in the Malay Peninsula south of the southern boundary of the Monthon Rajaburi
or in any of the islands adjacent to the said territory; also that within the limits
above-mentioned a right to establish or lease any coaling station, to build or own any
construction or repairing docks, or to occupy exclusively any harbours, the occupation
of which would be likely to be prejudicial to British interests from a strategic point
of view, shall not be granted to any foreign Government or company.
In reply, I beg to say that the Siamese Government gives its assurance to the
above effect, taking note that the phrase “coaling station” shall not include such-
small deposits of coal as may be required for the purposes of the ordinary shipping
engaged in the Malay Peninsula coasting trade.
(Signed) Devawongse Varoprakak.
Prince Devawongse to Mr. Paget
M. le Ministre, Foreign Office, Bangkok, March 10, 1909.
With reference to the provision contained in Article IV. of the Jurisdiction
Protocol to the effect that in all cases in which a British subject is defendant or
accused a European adviser shall sit in Court, I would express the hope, on behalf of
His Majesty’s Government, that His Britannic Majesty’s Government will be prepared
in due course to consider the question of a modification of or release from this
guarantee when it shall be no longer needed; and, moreover, that in any negotiations-
in connection with such a modification or release the matter may be treated upon its
merits alone, and not as a consideration for which some other return should be expected.
The Siamese Government appreciates that a Treaty like the one signed to-day
marks an advance in the administration of justice in the kingdom. The conclusion
of such a Treaty is in itself a sign of progress. It is the intention of the Siamese
Government to maintain the high standard in the administration of justice which it
has set before it, and towards which it has been working for some time.
In this connection I take pleasure in acknowledging the contribution which Mr.
J. Stewart Black has made to this work.
278 TREATY BETWEEN UNITED KINGDOM AND SIAM
I wish, also to say that provision will be made for the treatment of European
prisoners according to the standard usual for such prisoners in Burmah and the
Straits Settlements.
(Signed) Devawongse Varoprakar.
Mr. Paget to Prince Devaivongse
M. le Ministre, March 10, 1909.
With reference to the guarantee contained in the first paragraph of Article IV. of
the Jurisdiction Protocol, I have the honour to state that His Majesty’s Government
will be prepared in due course to consider the question of modification of or release
from this guarantee when it shall no longer be needed. His Majesty’s Government
■are also willing that in any negotiations in connection with such a modification or
release the matter shall be treated upon its merits alone, and not as a consideration
for which some other return shall be expected.
His Majesty’s Government leam with much satisfaction that it is the intention
of the Siamese Government to maintain the high standard in the administration of
justice which it has set before it, and towards which it has been working for some
time; and I may assure your Eoyal Highness that it will be the aim of His Majesty’s
Government in every manner to second the efforts of His Siamese Majesty’s Govern-
ment in this direction.
I wish also to say that the International Courts referred to in Section 1 of the
Protocol on Jurisdiction annexed to the Treaty signed to-day need not necessarily be
Courts specially organized for this purpose. Provincial (“Monthon”) Courts or
District (“ Muang”) Courts may constitute International Courts, according as British
subjects may be established in greater or less number within the jurisdiction of those
Courts. The fact that an ordinary Court is designated as an International Court will
have as a consequence the introduction into that ordinary Court of all the provisions
relating to International Courts secured by the Protocol on Jurisdiction.
(Signed) Ralph Paget.
AGREEMENT BETWEEN THE UNITED KINGDOM AND
SIAM BESPECTING THE BENDITION OE EUGHTVE
CRIMINALS BETWEEN THE STATE OE
NORTH BORNEO AND SIAM
Signed at Bangkok, September 18th, 1913
The Government of His Britannic Majesty and the Government of His Siamese
Majesty, being desirous of regulating the rendition of fugitive criminals between
the State of North Borneo under the protection of His Britannic Majesty and the
territories of His Majesty the King of Siam, hereby agree as follows:—
Art. I.—The provisions of the Extradition Treaty between His Britannic
Majesty and His Majesty the King of Siam, signed at Bangkok on the 4th day of
March, 1911, shall be deemed to apply, so far as local circumstances permit, to the
rendition of fugitive criminals between the territories of His Majesty the King of
Siam and the State of North Borneo.
Art. II.—In pursuance of the provisions of Article 3 of the said Extradition Treaty
there shall reciprocally be no obligation on the part of the State of North Borneo to
surrender to Siam any person who is a subject of that State or a British subject.
Done in duplicate at Bangkok, the 18th day of September, in the year 1913 of
Christ, and in the year 2456 of Buddha.
[l.s.] Arthur Peel.
„ Devawongse Varoprakar.
FOREIGN JURISDICTION
STATUTORY RULES AND ORDERS, 1909, No. 754
The Siam Okder-in-Coitncil, 1909
At the Court at Buckingham Palace, the 28th day of June, 1909
Present:
Lord President. Sir Frederick M. Darley.
Lord Steward. Mr. Herbert Samuel.
Earl Grey. Mr. C. E. H. Hobhouse.
Earl Carrington. Mr. Russell Rea.
Whereas by Treaty, grant, usage, sufferance, and other lawful means, His
Majesty the King has power and jurisdiction within the dominions of the King of
Siam:
And whereas the exercise of the power and jurisdiction aforesaid is now
regulated by the Siam Order-in-Council, 1906:
And whereas by a Treaty between His Majesty the King and His Majesty
the King of Siam, signed in Bangkok on the 10th day of March, 1909, the
States of Kelantan, Tringganu, Kedah, Perlis, and the adjacent islands,
were transferred to the Government of His Majesty, the frontiers of the said
territories being defined in the Boundary Protocol annexed to the said Treaty:
And whereas by Article of the said Treaty it was agreed that the jurisdiction of
the Siamese International Courts, established by Article VIII. of the Treaty of the 3rd
September, 1883, between Her late Majesty Queen Victoria and His Majesty the
King of Siam, should, under the conditions defined in the Jurisdiction Protocol
annexed to the said recited Treaty of the 10th March, 1909, and printed in the
Schedule to this Order, be extended to all British subjects in Siam registered at the
British Consulates before the date of the said Treaty, and that this system should
come to an end, and the jurisdiction of the International Courts should be trans-
ferred to the ordinary Siamese Courts after the promulgation and the coming into
force of the Siamese codes, namely, the Penal Code, the Civil and Commercial Codes,
the Codes of Procedure, and the Law for Organization of Courts, and that all other
British subjects in Siam should be subject to the jurisdiction of the ordinary Siamese
Courts under the conditions defined in the said Jurisdiction Protocol.
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by “ The Foreign Jurisdiction Act, 1890,” or otherwise in His Majesty vested,
is pleased, by and with the advice of His Privy Council, to order, and it is hereby
ordered, as follows :—
1. This Order may be cited as “The Siam Order-in-Council, 1909,” and shall be
read as one with the “Siam Order-in-Council, 1906,” hereinafter called the
“Principal Order.”
280 FOREIGN JURISDICTION BETWEEN GREAT BRITAIN AND SIAM
2. From and after the commencement of this Order the Principal Order shall, ex-
cept as regards any judicial matters pending in any Court established by the Principal
Order on the day above mentioned, cease to be in force and operation in the States
of Kelantan, Tringganu, Kedah, Perlis, and the adjacent islands, being the
territories transferred to the control of His Majesty’s Government, the frontiers
whereof are defined by the Boundary Protocol annexed to the said Treaty.
3. With respect to any civil or criminal case arising within the limits of the
Principal Order, elsewhere than in the districts referred to in Article II., between
British subjects who were registered at the date of the said Treaty in accordance
with Part YIII. of the Principal Order, or in which a British subject so registered
may be a party as complainant, accused, plaintiff, or defendant, the Principal Order
shall not operate or have any effect so long as the said Treaty of the 10th March,
1909, continues in force, unless and until such case shall have been transferred by an
exercise of the right of evocation in accordance with the provisions of the Jurisdiction
Protocol annexed to the said Trea,ty and printed in the Schedule hereto to a Court
established under the Principal Order.
4. Notwithstanding anything contained in Article III., the Courts established by
the Principal Order shall continue to transact all non-contentious business in relation
to the probate of wills and the administration of estates of deceased British subjects
who were registered in accordance with Part YIII. of the Principal Order at the date
of the said Treaty; but, except as to non-contentious business, the provisions of
Article III. shall apply in matters of probate and administration.
5. “The Foreign Jurisdiction (Probates) Order-in-Council, 1908,” shall not
operate in Siam, except to the extent and in the cases where the provisions of the
Principal Order are in operation.
6. With respect to all civil or criminal cases, other than those referred to in
Articles III. and IY., arising within the limits of the Principal Order, elsewhere than in
the districts referred to in Article II., the Principal Order shall not operate or have
effect so long as the said Treaty continues in force.
7. Where a case is transferred from an International Court to a Court established
by the Principal Order, such Court shall give such directions as seem proper for its
determination, having regard to the proceedings (if any) in the International Court.
In determining such case the Court shall apply any Siamese law, other than a law
relating to procedure, which would have been applied in the International Court.
In a criminal case, if the accused is handed over by the International Court in
custody, he may be detained in custody as if he had been arrested under a warrant
on the day on which he is handed over.
8. Criminal or civil proceedings which have been instituted in any Court
established under the Principal Order before the commencement of this Order shall
not be affected by this Order.
9. Articles CXXXIX. to CLIII. (inclusive), CLV1. and CLYII. of the Principal
Order are hereby repealed, but such repeal shall not affect the past operation of such
Articles, or any right, title, obligation or liability accrued or the validity or invalidity of
anything done or suffered under such Articles before the commencement of this Order.
10. This Order shall commence and have effect on such date as the Minister
shall appoint.
And the Eight Honoui'able Sir Edward Grey, Baronet, one of His Majesty’s
Principal Secretaries of State, is to give the necessary directions herein.
A. W. Fitzboy.
FRAN CE
TREATY BETWEEN FRANCE AND SIAM
Signed at Paris, February, 1904
I. —The frontier between Siam and Cambodia starts on the left bank
Great Lake, from the mouth of the River Stung Ruolos. It follows the parallel of
I this point in an Eastward direction till it meets the River Preak Kompung Tiam;
I then, turning Northward, it corresponds to the meridian of that point till it reaches
the Pnom Dong-rek Mountains. Thence it follows the watershed between the basins
of the Nam-Sen and the Mekong on the one side, and of the Nam-Mun on the other,
and joins the Pnon Padang range, the crest of which it follows towards the East as
i far as the Mekong. Above that point the Mekong remains the frontier of the King-
dom of Siam, in conformity with Clause I. of the Treaty of October 3, 1893.
II. —With regard to the frontier between Louang-Prabang, on the ri
of the Mekong, and the Provinces of Muang-Phichai and Muang-Nan, it starts from
the Mekong at its confluence with the Nain-Huong, and follows the thalweg of that
river to its confluence with the Nam-Tang. Then, ascending the course of the said
River Nam-Tang, it reaches the watershed between the basins of the Mekong and the
Menan, at a point situated near Pou-Dene-Dene. From that spot it turns Northward,
following the watershed between the two basins to the sources of the River Nam-Kop,
the course of which it follows till it meets the Mekong.
III. —The delimitation of the frontier between the Kingdom of Sia
territories forming French Indo-China shall be carried out. That delimitation shall
be made by mixed Commissions, composed of officers appointed by the two contracting
countries. The duties of those Commissions shall concern the frontier determined
by Clauses I. and II., as well as the region comprised between the Great Lake and
the sea. With the object of facilitating the work of the Commissions and of avoiding
every possible difficulty in the delimitation of the frontier in the region comprised
between the Great Lake and the sea, the two Governments will come to an agreement
before nominating the mixed Commissions, fixing the principal points of the delimita-
tion in that region, and especially the point at which the frontier will reach the sea.
The mixed Commissions shall be appointed and begin their work within four months
after the notification of the present Convention.
IY.—The Siamese Government renounces all Sovereign rights over the
territories of Louang-Prabang, situated on the right bank of the Mekong. Merchant
boats and wood rafts belonging to the Siamese shall have the right to navigate freely
that portion of the Mekong traversing the territory of Louang-Prabang.
Y.—As soon as the Agreement stipulated for in Paragraph 2 of Clause III.,
relative to the delimitation of the frontier between the Great Lake and the sea, shall
have been established, and as soon as it has been officially notified to the French
authorities that the territory involved in this Agreement, and the territories situated
to the East of the frontier, as indicated in Clauses I. and II. of the present Treaty,
are at their disposal, the French troops which provisionally occupied Chantabun, in
virtue of the Convention of October 3, 1893, shall leave that town.
VI.—The stipulations of Clause IV. of the Treaty of October 3, 1893, shall be
replaced by the following:—“ His Majesty the King of Siam undertakes that the
troops he sends or keeps throughout the whole of the Siamese Basin of the Mekong
shall always be troops of Siamese nationality, commanded by officers of that
nationality. The only exception to this rule is made in favour of the Siamese
Gendarmerie, at present commanded by Danish officers. Should the Siamese Govern-
ment wish to substitute for these officers foreign officers belonging to another
282 TEEATY BETWEEN FRANCE AND SIAM
nationality, it must previously come to an understanding with the French Govern- :
ment. So far as the Provinces of Siem-Reap, Battambang, and Sesupon are ;
concerned, the Siamese Government undertakes to keep there none but the Police
Contingents necessary for the maintenance of order. These contingents shall be
recruited exclusively on the spot, from among the native inhabitants.”
VII. —In future, in the Siamese portion of the Mekon
Government wishes to construct ports, canals, railways (especially railways intended >
to connect the Capital with any point in that basin), it will come to an agreement ]
with the French Government, if such works cannot be exclusively executed by j
Siamese and with Siamese capital. The same would naturally apply to the working j
of the said enterprises. With regard to the use of the ports, canals, and railways in
the Siamese portion of the Mekong Basin, as well as in the rest of the Kingdom, it is
understood that no differential rights shall be established, contrary to the principle of j
commercial equality included in the Treaties signed by Siam.
VIII. —In execution of Clause VI. of the Convention of
of land of a superficial area to be determined shall be ceded by the Siamese Govern- ;
ment to the Government of the Republic at the following points situated on the right
bank of the Mekong:—Xieng-Kheng, Mong-Kheng, Mong-Sing; on the right or left >
bank—Mong-Dahan, Kemmarat, and the mouth of the Nam-Mong. The two Gov-
ernments will come to an understanding to clear the course of the Nam-Moun, be-
tween its confluents with the Mekong and Pimun, of the obstacles which hinder
navigation. In case of those works being found impossible to execute, or too costly,
the two Governments will concert together for the establishment of communication
by land between Pimun and Mekong. They will also come to an understanding for !
the construction between Bassak and the frontier of Louang'-Prabang, of the railway
lines which may be recognised as necessary owing to the innavigability of the Mekong, j
IX. —It is from the present moment agreed that the two
facilitate the establishment of a railway connecting Pnom Penh and Battanbang. The
construction and working shall be undertaken either by the Governments themselves, 1
each undertaking the portion which is on its territory, or by a Franco-Siamese Com- ]
pany accepted by the two Governments. The two Governments are agreed on the
necessity of carrying out work for the improvement of the course of the river between I
the Great Lake and Battanbang. With that object in view, the French Government
is ready to place at the disposal of the Siamese Government the technical agents it
may require, both for the execution and maintenance of the said works.
X. —The Government of his Majesty the King of Siam accept
French proteges such as they exist at the present moment, with the exception of the
persons whose licences may be recognised by both parties as having been illegally
obtained. A copy of these lists will be communicated to the Siamese authorities by
the French authorities. The descendents of the proteges thus maintained under
French jurisdiction shall not have the right to claim their licence if they do not be-
long to the category of persons described in the following Clause of the present
Convention:—
XI. —Persons of Asiatic origin born in a territory subject to
tion, or placed under the Protectorate of France, except those who took up their
residence in Siam previous to the time when the territory on which they were bom
was placed under that domination, or that Protectorate, shall have the right to
French protection. French protection will be granted to the children of those
persons, but it shall not extend to their grandchildren.
XII. —So far as concerns the jurisdiction to which, for the
exception, all French subjects and all French proteges shall be subjected to in Siam,
the two Governments agree to substitute for the existing regulations the following:— j
1. In criminal matters, French subjects or French proteges shall only
be amenble to French judicial authority.
2. In civil matters, all actions brought by a Siamese against a Frenchman
or French protege, shall be heard before the French Consular Court. All
TREATY BETWEEN FRANCE AND SIAM 283
actions in which the defendant is a Siamese shall be heard before the Siamese
Court of Foreign Causes, instituted at Bangkok. Except in the provinces of
Xieng Mai, Lakhon, Lampoun, and Nan, all civil and criminal cases involving
French subjects and proteges shall be heard before the International Siamese
Court. But it is understood that in all these cases the French Consul shall
have the right of being present at the trial, or of being represented by a
duly authorised deputy, and of making all observations which may appear
to him to be required in the interest of justice. In the case of the
defendant being French or a French protege, the French Consul may, at any
time during the proceedings, if he thinks fit, and upon a written requisition,
claim to hear the case. The case shall then be transferred to the French
Consular Court, which, from this moment, shall alone be competent, and to
which the Siamese authorities are bound to give their assistance and good offices.
Appeals against the judgments delivered both by the Court of Foreign Causes,
as well as the International Court, shall be taken before the Court of Appeal at
Bangkok.
XIII.—With regard to the future admission to French protection of Asiatics
who are not born on territory under the direct authority or the protectorate of France,
or who may not find themselves legally naturalised, the Government of the Republic
shall enjoy rights equal to those which Siam may accord to any other Power.
XIY.—-The Regulations under former Treaties, Agreements, and Conventions
between France and Siam, which are not modified by the present Convention, remain
in full force.
XY.—In case of difficulties in the interpretation of the present Convention
which is drawn up in French and Siamese, the French text alone shall stand.
XYI.—The present Convention shall be ratified within four months from the
day of the signature, or earlier if possible.
ADDITIONAL TREATY BETWEEN ERANCE AND SIAM
Signed at Bangkok, March 23rd, 1907
(Translation)
The President of the French Republic, and His Majesty the King of Siam, in
continuation of the work of delimitation undertaken with a view to carrying out the
Convention of the 13th February, 1904, being desirous on the one hand of assuring
the final settlement of all questions relative to the common frontiers of Indo-China
and Siam, by a reciprocal and rational system of exchanges, and being desirous on
the other hand of facilitating the relations between the two countries by the progres-
sive introduction of an uniform system of jurisdiction, and by the extension of the
rights of French nationals established in Siam, have decided to conclude a fresh
Treaty, and have appointed for this purpose as their Plenipotentiaries, namely, the
President of the French Republic, M. Victor Emile Marie Joseph Collin (de Plancy),
Envoy Extraordinary and Minister Plenipotentiary of the French Republic in
Siam, Officer of the Legion of Honour and of Public Instruction; His Majesty the
King of Siam, His Royal Highness Prince Devawongse Yaroprakar, Chevalier of
the Order of Maha-Chakrkri, Grand Officer of the Legion of Honour, etc., Minister
for Foreign Affairs; who, furnished with full powers, which have been found in
good and due form, have resolved upon the following provisions:—
Art. I.—The Siamese Government cedes to France the territories of Battambang,
Siem-Reap, and Sisophon, the frontiers of which are defined by Clause I. of the
Protocol of Delimitation annexed herewith.
Art. II.—Tee French Government cedes to Siam the territories of Dan-Sai and
Kratt, the frontiers of which are defined by Clauses I. and II. of the said Protocol,
284 ADDITIONAL TREATY BETWEEN PRANCE AND SIAM
as well as all the islands situated to the south of Cape Lemling as far as and inclusive
of Koh-Kut.
Art. III.—The handing over of these territories shall take place on one side and the
other not less than twenty days after the date on which the present Treaty is ratified.
Art. IV.—A mixed Commission, composed of French and Siamese officers and
officials, shall be appointed by the two contracting countries, not less than four
months after the ratification of the present Treaty, and shall be charged with
delimiting the new frontiers. It shall commence its operations as soon as the season
shall permit, and shall carry them out in conformity with the Protocol of Delimita-
tion annexed to the present Treaty.
Art. V.—All French Asiatic subjects and protected persons who shall be
registered at the French Consulates in Siam after the signature of the present
Treaty, by application of Article XI. of the Convention of the 13th February, 1904,
shall be under the jurisdiction of the ordinary Siamese Tribunals.
The jurisdiction of the International Siamese Courts, the institution of which
is arranged for by Article XII. of the Convention of the 13th February, 1904, shall,
subject to the conditions given in the Protocol of Jurisdiction annexed herewith, be
extended, throughout the whole kingdom of Siam, to the French Asiatic subjects and
protected persons alluded to in Articles X. and XI. of the same Convention, and who
are actually registered at the French Consulates in Siam.
The regime shall terminate and the jurisdiction of the International Courts
shall be transferred to the ordinary Siamese Tribunals, after the promulgation and
the bringing into force of the Siamese Codes (Penal Code, Civil and Commercial
Code, Codes of Procedure, Law of Judicial Organization).
Art. VI.—French Asiatic subjects and protected persons shall enjoy throughout
the whole kingdom of Siam the same rights and privileges which the natives of the
•country possess, notably rights of property, of free residence, and of free circulation.
They shall be subject to the ordinary taxes and “prestations.”
They shall be exempt from military service and shall not be subjected to extra-
ordinary requisitions and duties.
Art. VII.—The provisions of the old Treaties, Agreements, and Conventions
between France and Siam, which are not modified by the present Treaty, remain in
full force.
Art. VIII.—In the event of any difficulty arising in connection with the
interpretation of the present Treaty, drawn up in French and Siamese, the French
text shall be binding.
Art. IX.—The present Treaty shall be ratified in not less than four months
from the date of signature, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty, and have affixed their seals.
Done at Bangkok, in duplicate, the 23rd March, 1907,
(Signed) V. Collin (de Plancy).
„ Devawongse Vaboprakar.
Protocol concerning the Delimitation of the Frontiers, and annexed to the Treaty of
March 23rd, 1907
With a view to facilitating the labours of the Commission arranged for in Article
IV. of the Treaty of to-day’s date, and with a view to avoiding any possible difficulties
arising in regard to the delimitation, the Government of the French Republic and
the Government of His Majesty the King of Siam have agreed upon the following:—
Clause I.—The frontier between French Indo-China and Siam starts from the
sea at a point situated opposite the highest summit of the Island of Koh-Kut. It
follows from this point a north-easterly direction to the crest of Pnom-Krevanh. It is
■formally agreed that, in all cases, the east slopes, of these mountain s, including the whole
of the basin of the Klong-Kopo, should continue to form part of French Indo-China.
ADDITIONAL TREATY BETWEEN FRANCE AND SIAM 2S5
The frontier follows the crest of the Pnom-Krevsmh in a northerly direction as
Tar as Pnom-Thom, which is situated on the main line of the watershed, between
9|he rivers which flow towards the gulf of Siam, and those which flow towards the Great
JfLake. Prom Pnom-Thom, the frontier follows at first in a north-westerly direction,
i ixhen in a northerly direction, the actual frontier between the Province of Battambang
jc>n the one hand, and that of Chantaboum and Kratt on the other, as far as the point
J fwhere this frontier joins the river called Nam-Sai. It then follows the course of this
?river as far as its confluence with the River of Sisopbon, and the latter river to a
rnpoint situated 10 kilom. below the town of Aranh. Lastly, from this latter point, it
Continues in a straight line to a point situated on the Dang-Reck, halfway between
oflthe passes called Chong-Ta-Koh and Chong-Sa-Met. It is understood that this latter
iline must leave in Siamese territory the direct route between Aranh and Chong-Ta-Koh.
Prom the above-mentioned point, situated on the crest of Dang-Reck, the
ofiirontier follows the watershed between the basin of the Great Lake and the Mekong
don the one side, and the basin of the Nam-Moun on the other, and touches the
^Mekong
1 below Pak-Moun, at the mouth of the Huei-Doue, in conformity with the
•! sketch map adopted by the last Commission of Delimitation on the 18th January, 1907.
I Clause II.—Prom the side of Luang-Prabang, the frontier quits the Mekong, in
>d the south, at the mouth of the Nam-Huong, and follows the thalweg of that river as
rfi far as its source which is situated at the Phu-Khao-Mieng. Thence the frontier
1 x Mekong, at the point called Keng-Pha-Dai, in conformity with the sketch map
1 adopted by the last Commission of Delimitation of the 16th January, 1906.
Clause III.—The Commission of Delimitation arranged for in Article IV. of
« the Treaty of to-day’s date shall determine and trace if necessary, on the spot, that
I rportion of the frontier which is described in Clause I. of the present Protocol,
t If, in the course of the work of delimitation, the French Government should wish
c to obtain a rectification of the frontier with a view to substituting natural lines for
oa-conventional lines, this rectification cannot be made, in any case, to the detriment
of the Siamese Government.
In witness whereof the respective Plenipotentiaries have signed the present
‘I (Protocol, and have affixed their seals.
Done at Bangkok, in duplicate, the 23rd March, 1907
(Signed) Y. Collin (de Plancy).
„ Devawongse Varoprakak.
I Protocol concerning the jurisdiction applicable in the Kingdom of Siam to French Asiatic
subjects and protected persons, and annexed to the Treaty of the 23rd March, 1907
I In fulfilment of Article Y. of the Treaty of to-day’s date, the Government of the
1; .French Republic and the Government of His Majesty the King of Siam, being
>1 desirous of regulating the organization and working of the International Courts,
1 have agreed upon the following:—
Clause I.-—International Courts shall be created, wherever the. requirements of
justice shall make such a course necessary, after an understanding has been arrived
at between the Minister of the French Republic and the Siamese Minister for
Foreign Affairs.
Clause II.—The jurisdiction of International Courts extends
1. In civil matters : to all civil or commercial matters in which French Asiatic
,subjects and protected persons are involved.
2. In criminal matters: to infractions of every kind committed either by or
against French Asiatic subjects or protected persons.
Clause III.—In the Provinces of Udorn and Isarn the jurisdiction of the Inter-
national Courts shall extend provisionally to all French Asiatic subjects and protected
persons, whatever may be the date, of their registration at the French Consulates.
ADDITIONAL TREATY BETWEEN FRANCE AND SIAM
Clause IV.—The right of removing a cause shall be exercised in accordance'
with the provisions of Article XII. of the Convention of the 13th February, 1904.
This right, however, shall no longer be exercised in regard to all matters which
form the subject of Codes or Laws regularly promulgated, after the said Codes or Laws-
have been communicated to the French Legation, and have been brought into force.
An understanding shall be arrived at between the Ministry for Foreign Affairs
and the French Legation for the settlement of outstanding questions whenever the
said Codes or Laws shall come into force.
Clause V.—All appeals against the decisions of the International Courts of
First Instance shall be communicated to the French Consul, who shall be entitled!
to furnish on the subject a written opinion, which shall be added to the dossier.
The appeal must bear the signature of two European Judges.
Clause VI.—Appeal shall lie from the decisions of the Courts of Appeal.
Such appeal can be exercised on the ground of want of jurisdiction, and on account
of abuse of power, and, in general, all violations of the law.
The appeal shall be determined by the Supreme Court, or San Diba.
Clause VII.—Before whatever Court a civil or criminal cause may be brought,
the plea of want of jurisdiction, pursuant to the rules laid down by the Treaty of
to-day’s date, must be raised before the defence on the merits.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol and have attached their seals.
Done at Bangkok, in duplicate, the 23rd March, 1907
(Signed) V. Collin (de Plancy).
„ Devawongse Varopbakab.
Agreement regulating the regime of Concessions allotted to the Government of the French
Republic on the right banlc of the Mekong, in pursuance of Article VIII.
of the Convention of the \Wi February, 1904
Clause I.—In fulfilment of Article VIII. of the Convention of the 13th February^
1904, the Siamese Government leases to the Government General of Indo-China,
which agrees to the lease, territories exempt from all servitude, active or passive,,
situated at Xieng-Khan, Nong-Khay, Muong-Saniabouri, mouth of the Nam-Khan,
Ban-Mouk-Dahan, Kenmarat and Pak-Mam.
Clause II.—The leases are made for a period of fifty years, renewable for the
same period if the Government General of Indo-China so desires.
Clause III.—The Government General of Indo-China shall pay annually to the
Siamese Government, from the 1st January, 1908, a nominal rent of 1 tical per
hectare and part of a hectare.
Clause IV.—In accordance with Article IV. of the Treaty of the 3rd October,
1893, and with Article VIII. of the Convention of the 13th February, 1904, the
Concessions are exclusively framed with a view to facilitating commercial navigation.
The following establishments can be created there:
Depots of fuel and coal.
Depots of material, such as timber, iron, bamboo, dynamite, etc.
Warehouses for goods in transit.
Quarters for passengers and for the crews of pirogues and launches.
Quarters and offices for the staff of navigation companies and public works.
Commercial establishments, on the express understanding that there shall be no
trade in spirituous liquors, opium, arms, and ammunition.
The territory ceded is under Siamese jurisdiction, as exercised in the rest of the
kingdom in accordance with the Treaties concluded between France and Siam.
Done at Bangkok, in duplicate, the 23rd March, 1907.
(Signed) Chatidej. (Signed) V. Collin (de Plancy).
„ Bebnabd. „ Devawonqse.
TREATY OE FRIENDSHIP, COMMERCE AND
NAVIGATION BETWEEN JAPAN AND SIAM
Signed at Bangkok, 25th Febkttaky, 1898
His Majesty the Emperor of Japan and His Majesty the King of Siam, 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, Shogui, 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, etc.,
Minister for Foreign Affairs of His Majesty the King of Siam, who, after having
communicated to each other their respective full powers, found to be in good and
•due form, have agreed upon and concluded the following Articles:—
Art. 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 entire protection for their
persons and property according to the established law of the country.
Art. II.—It shall be free to each of tlie contracting parties to appoint Consuls-
■General, Consuls, Vice-Consuls and Consular Agents to reside in the to wns 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 immunities 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,
TEEA.TY BETWEEN JAPAN AND SIAM
ports and rivers in the dominions and possessions of the other, which are now or
may hereafter be opened to foreign commerce and navigation.
Art. Y.—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, ware-
housing, bounties, the examination and appraisement of merchandise and drawbacks.
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 of any article, the produce or manufacture of the dominions and
possessions of His Majesty the King of Siam, from whatever place arriving, than on
the like article produced or manufactured in any other foreign country ; nor shall
any prohibition be maintained or imposed on the importation of any article, the pro-
duce or manufacture of the dominions and possessions of either of the high,
contracting parties into the dominions and possessions of the other from whatever
place arriving, which shall not equally extend to the importation of the like article-
being the produce 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 extendi
to the exportation of the like article to any other country.
Art. VIII.—All articles which are or may be legally imported into the ports of
the dominions and possessions of His Majesty the Emperor of Japan in Japanese
vessels or vessels of the most favoured nation may likewise be imported into those
ports in Siamese vessels, without being liable to any other or higher duties or charges-
of whatever denomination than if such articles were imported in Japanese vessels or
vessels of the most favoured nation, and reciprocally, all articles which are or maybe
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 nor
in any of the ports of Siam on Japanese vessels than are now or may hereafter be
payable in the like cases in the same ports on national vessels in general or vessels
of the most favoured nation. Such equality of treatment shall apply reciprocally to
the respective vessels from whatever port or place they may arrive and whatever may
be their place of destination.
TREATY BETWEEN JAPAN AND SIAM
Art. X.—In all that concerns the entering, clearing, stationing, loading and
loading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the
►minions and possessions of the two countries no* privilege shall be granted by one
►untry to national vessels or vessels of any third Power, which shall not be equally
,nted in similar cases to vessels of the other country.
Art. XI.—Any ship of war or merchant vessel of either of the high contracting
trties which may be compelled by stress of weather, or by reason of any other dis-
ess, to take shelter in a port of the other, shall be at liberty to refit therein, to pro-
oure all necessary supplies, and to put to sea again, without paying any duties other
a^ian such as would be payable by national vessels. In case, however, the master of
}j| merchant vessel should be under the necessity of disposing of a part of his cargo
loll order to defray the expenses, he shall be bound to conform to the regulations and
hftriffs of the place to which he may come.
If any ship of war or merchant vessel of one of the contracting parties should
aground or be wrecked upon the coasts of the other, such ship or vessel, and all
iris thereof, and all furnitures and appurtenances belonging thereunto, and all
►ods and merchandise saved therefrom, including those which may have been Cast
ito the sea, or the proceeds thereof, if sold, as well as all papers found on board
fajuch stranded or wrecked ship or vessel, shall be given up to* the owners, master or
iftheir agents, when claimed by them. If such owners, master or agents are not on
le spot, the same shall be delivered to the respective Consuls-General, Consuls,
Ice-Consuls or Consular Agents upon being claimed by them within the period
.xed by the laws of the country, and such consular officers, owners, master or agents
hall pay only the expenses incurred in the preservation of the property, together
[fidth the salvage or other expenses which would have been payable in the case of a
•eck of a national vessel.
The goods and merchandise saved from the wreck shall be exempt from all the
luties of the Customs unless cleared for consumption, in which case they shall pay
’ie ordinary duties.
ij In the case of a ship or vessel belonging to the subjects of either of the con-
►ijiracting parties being driven in by stress of weather, run aground or wrecked in the
I lominions and possessions of the other, the respective Consuls-General, Consuls,
I fice-Consuls and Consular Agents shall, if the owner or master or other agent of
Mhe owner is not present, or is present but requires it, be authorized to interpose in
I>rder to afford the necessary assistance to the subjects of the respective States.
Art. XII.—The vessels of war of each of the high contracting parties may ent> r,
Remain, and make repairs in those ports and places of the other, to which the vessels
hf war of the most favoured nation are accorded access; they shall there submit to
|phe 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-
inerce, industry and navigation, any privilege, favour, or immunity which either
quontracting party has actually granted, or may hereafter grant, to the Government,
tjsubjects, citizens, ships or merchandise of any other State shall be extended immedi-
ately and unconditionally to the Government, subjects, ships or merchandise of the
jlother 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
Ithe most favoured nation.
Art. XIY.—The present Treaty shall come into force immediately after the
cexchange of ratifications, and shall remain in force for ten years, and thereafter until
Ithe 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.
10
290 TREATY BETWEEN JAPAN AND SIAM
Art. XYI.—The present Treaty shall be ratified and the ratifications thereto
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 Inagaki.
„ Devawongse Yaroprakar.
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 Grovernment consents that Japanese C
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
vessels resorting to Siam the Trade Regulations and Customs Tariffs now in force
in Siam in respect of the subjects, citizens and vessels of the Powers having Treaties
with Siam.
Such Regulations and Tariffs shall be subject to revision at any time upon twelve
months’ previous notice, on demand of either Japan or Siam.
All fines and penalties imposed for infractions of the said Regulations or of the
Treaty signed this day, shall be paid to the Siamese Government.
III. —Any controversies which may arise respecting
execution of the Treaty signed this day or the consequences of any violation thereof,
shall be submitted, when the means of settling 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 the two Governments by
common consent, failing which each of the parties shall nominate an Arbitrator or an
equal number of Arbitrators, and the Arbitrators thus appointed shall select an
Umpire.
The procedure of the Arbitration shall in each case be determined by the con-
tracting parties, failing which the Commission of Arbitration shall be itself entitled
to determine it beforehand.
The undersigned Plenipotentiaries have agreed that this Protocol shall be sub-
mitted to the high contracting parties at the same time as the Treaty, and that
when the Treaty is ratified the agreements contained in this Protocol shall also
equally be considered as approved, without the necessity of a further formal ratification.
In witness whereof, the respective Plenipotentiaries have signed the present
Protocol and have affixed thereto their seals.
Done at Bangkok in sextuplicate, this twenty-fifth day of the second month of
the thirty-first year of Meiji, corresponding to the twenty-fifth day of February of the
one hundred and sixteenth year of Ratanakosindr Sok and the eighteen hundred and
ninety-eighth year of the Christian era.
[l.s.] Manjiro Inagaki.
„ Devawongse Varoprakar.
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 relations 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 daJ
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.
I 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 declaration, to which they have affixed their signatures and seals.
10
[GREAT BRITAIN AND FRANCE
DECLARATION SIGNED BY GREAT BRITAIN AND
ERANCE 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 t
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 j
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 clause shall hinder any a
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 >1
any separate agreement permitting a third Power to take any action from which
they are bound by the present declaration themselves to abstain.
III. —From the mouth of the Nam Huok northwards
frontier the thalweg of the Mekong shall form the limit of the possessions or 1
spheres of influence of Great Britain and France. It is agreed that the nationals I
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 I
the British shore by a branch of the river, shall, so long as they are thus separated, 1
be entrusted to the French authorities. The fishery shall be open to the i
inhabitants of both banks.
1Y.—The two Governments agree that all commercial and other privileges and ,
advantages conceded in the two Chinese provinces of Yunnan and Szechuen either 1
to Great" Britain or France, in virtue of their respective Conventions with China I
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 f
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 J
engage to use their influence and good offices with the Chinese Government for '
this purpose.
THE MALAY STATES FEDERATION AGREEMENT, 1896
Agreement between tne Governor of the Straits Settlements, acting on behalf
the following Malay States, that is to say, Perak, Selangor, Pahang, and Negri
3 'Sembilaii.
Art. I.—In confirmation of various previous Agreements, the Sultan of Perak,
t1 the Sultan of Selangor, the Sultan of Pahang, and the Chiefs of the States which
1 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 Eulers 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 Euler 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
lie is the recognised Euler or Chief.
Art IV.—The above-named Eulers agree to accept a British Officer, to be
•styled the Eesident-General, as the agent and representative of the British
•Government under the Governor of the Straits Settlements. They undertake to
provide him with suitable accommodation, with such salary as is determined by Her
Majesty’s Government, and to follow his advice in all matters of administration
•other than those touching the Mohammedan religion. The appointment of the
Eesident-Genenil will not affect the obligations of the Malay Eulers towards the
British Eesidents now existing or to be hereafter appointed to offices in the above-
mentioned Protected States.
Art. V.—The above-named Eulers also agree to give to those States in the
Federation which require it such assistance in men, money, or other respects as the
British Government, through its duly appointed officers, may advise ; and they
| further undertake, should war break out between Her Majesty’s Government and
that of any other Power, to send, on the requisition of the Governor, a body of
( -armed 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 Eulers in their respective States,
nor does it alter the relations now existing between any of the States named and
the British Empire.
OPIUM AGREEMENT BETWEEN GREAT BRITAIN
AND PORTUGAL
Signed at London, June 14th, 1913
In pursuance of the conclusions of the International Opium Conference, and in
consideration of the fact that the geographical situation of the colonies of Macao and
Hongkong makes it necessary to regulate in a similar way the opium monopolies in
the said colonies in all matters concerning the restriction of the consumption, sale,
and exportation of prepared opium and repression of smuggling;
The undersigned, duly authorised thereto by their respective Governments, have
agreed to the following Articles:—
Art. I.—The Government of the Portuguese Eepublic, whilst reserving the right
of managing and controlling the manipulation of raw opium and the sale of prepared
opium in the Colony of Macao, engage to introduce in the opium regulations of that
Colony clauses and provisions similar to those contained in the regulations of Hong-
kong relative to the repression of the illicit trade in prepared opium.
Art. II.—The Macao Opium Farmer will not be permitted to import more than
260 chests of opium (a chest means 40 balls of raw opium) per annum exclusively
destined for the consumption of the fixed and floating population of Macao.
Art. III.—The Hongkong Opium Farmer will not be permitted to import more
than 540 chests per annum. These imports shall be exclusively destined for the con-
sumption of the fixed and floating population of Hongkong. These figures are em-
bodied in the contract recently concluded with the Hongkong farmer.
Art. IY.—The farmers of Macao and Hongkong will be permitted to import,
per annum, respectively, 240 and 120 chests of raw opium exclusively destined for
exportation to countries which have not prohibited at present or which shall not
prohibit hereafter such imports of opium.
Art. V.—The limit fixed in the preceding Article for Hongkong must be con-
sidered a definite one and not subject to alteration; however, it is understood that
in Macao power will be retained to increase the number of chests of raw opium im-
ported each year and destined for exportation, provided that proof is given that the
said imports are destined to meet the requirements of lawful trade. For this pur-
pose the farmer shall produce to the Governor of Macao Customs certificates passed
by the authorities of countries importing the opium showing that the quantities
authorized are required for legitimate purposes, over and above the 240 chests
referred to in Article 4.
Art. YI.—The Governor of Macao will have power to grant licences under the
preceding Article for the importation of the quantities of raw opium exceeding the
limit fixed in Article IY.
Art. VII—Whereas the limit of chests of raw opium that can be imported
annually into Macao has been fixed in Articles II., IV., and V. of this Agreement,
the Government of India will permit the purchase of opium in open market at the
sales at Calcutta or Bombay or any places in India, for export to Macao, up to and
not exceeding the limits and conditions so fixed, so long as the Opium Farmer at
Hongkong is permitted to obtain his supplies from this source.
Art, VIIL—Raw opium coming from India, consigned to the farmer of Macao,
within the limits and conditions above indicated, will be allowed transhipment at
Hongkong free of duty or taxation.
Art. IX.—It is understood that if after periods of five years (the duration of
the contracts of the farmer) the numbers of chests agreed upon for local consump-
tion at or export from Macao should respectively prove to be excessive, the Portu-
guese Government will consider the desirability of revising the amount in question.
The present agreement shall remain in force for a period of ten years, but may
be terminated by either Government at any time on giving to the other twelve
months’ notice of its intention to do so. On the expiration of the said period of ten
years it shall continue in force, unless and until a similar notice of termination is
given by either Government.
(Signed) E. Gbey. (Signed) P. de Tovak.
^TREATY PORTS, PORTS OF CALL, AIS’D PLACES OPEN
TO FOREIGN TRADE IN THE FAR EAST
[Note.—E.O. signifies “ effectively opened.”]
I.—CHINA
'»} (a) Treaty ports and places opened by China to foreign trade:—
Aigun (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907).
1 ■ Amoy (Nanking), 1842.
Antung (United States’ Treaty, 1903; actually opened, May 1, 1906).
1 Canton (Nanking, 1842).
Changchun (Japanese Treaty, 1905, E.O. January 14, 1907).
Changsha (Japanese Treaty of October 8, 1903, E.O. July 1, 1904).
Chefoo (Yentai or Tangchow) (Tientsin, 1858, E.O. 1861). a
Chinan (Imperial Decree, 1904, E.O. January 20, 1906).
1 Ohing-wang-tao (Imperial Decree, 1898).
Chinkiang (Tientsin, 1858, E.O. 1861).
Choutsun (Imperial Decree, 1904, E.O. January 20, 1906).
Chungking (Additional Article, Peking, 1890; Shimonoseki, 1895).
Dairen (Dalny) (by Japan, E.O. September 1, 1906).
Fakumen (Japanese Treaty, 1905, E.O. September 10, 1906).
Feng Huang Cheng (Sino-Japanese Treaty, 1905; actually opened, June 28,1907).
Foochow (Nanking, 1842).
Hailar (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907).
Hangchow (Shimonoseki, 1895).
Hankow (Tientsin, 1858, E.O. 1861). b
Harbin (Japanese Treaty, 1905, E.O. January 14, 1907).
Hun Chun (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907).
Ichang (Chefoo, 1876, E.O. 1877).
Tfiao-chau.
j Kirin (Japanese Treaty, 1905, E.O. January 14, 1907).
Kiukiang (Tientsin, 1858, E.O. 1861). b
Kiungchow (or Hoihow-in-Hainan) (Tientsin, 1858).
Kong Kung Market (Special Article, 1897, modifyingBurmah Convention,1894).
Kongmoon (Shanghai Treaty, 1902).
Kowloon, port of entry for Canton.
Kuang-chouwan (leased to France).
Lappa, port of entry for Canton.
Liao Yang (Sino-Japanese Treaty, 1905; actually opened, June 28, 1907).
Lungchow (French Treaty, 1886).
Mandchourie (Manchuli) (Japanese Treaty, 1905, E.O. January 14, 1907).
Mengtze (French Treaty, 1886).
Mukden (United States’ Treaty, 1903; actually opened, June 1, 1906).
Nanking (French Treaty, 1858, E.O. 1899).
Nanning (Note from Tsung-li Yamen to Sir C. MacDonald of February 4, 1897,
supplementing Treaty of 1897 modifying Burmah Convention of 1894, E.O.
January 1, 1907).
Newchwang (or Yingkow) (Tientsin, 1858, E.O. 1861). c
Ningpo (Nanking, 1842).
Ninguta (Sino-Japanese Treaty, 1905 ; actually opened, June 28, 1907).
Pakhoi (or Pei-hai) (Chefoo, 1876, E.O. 1877).
Samshui (Special Article, 1897, modifying Burmah Convention, 1894).
ab Hankow
Tangchowandis the port named
Kiukiang were in the Treaty,
selected, hut Chefoowith
byArticle
arrangement is thetheportChinese
actuallyG-overnment,
opened. in.
■November, 1860, as ports to be opened
c Yingkow is the port of Newchwang. under X. of the Treaty of Tientsin,
296 FOREIGN TRADE IN THE FAR EAST
Sanhsing (Sino-Japanese Treaty, 1905; actually opened, June 28, 1907).
Santuao (or Funing) (Imperial Decree, 1898).
Shanghae (Nanking, 1842).
Shashi (Shimonoseki, 1895).
Sinminting (Japanese Treaty, 1905, E.O. October 10, 1906).
Soochow (Shimonoseki, 1895).
Swatow (or Chao-Chow) Tientsin, 1858, E.O. 1860). a
Szemao (French Additional Convention, 1895).
Ta-tung-kou (Japanese Treaty, 1903).
Tengyueh (Momein) (Agreement of 1897, modifying Burmah Convention, 1894)'
Tiehling (Japanese Treaty, 1905, E.O. September 10, 1906).
Tientsin (Peking, 1860).
Tsi-tsi-har (Japanese Treaty, 1905, E.O. January 14, 1907).
Tungchiangtzu (Japanese Treaty, 1905, E.O. September 10, 1906).
Weihaiwei (leased to Great Britain).
Wei-hsien (Imperial Decree, 1904, E.O. January 20, 1906).
Wenchow (Chefoo, 1876, E.O. 1877).
Wuchow (Special Article, 1897, modifying Burmah Convention, 1894).
Wuhu (Chefoo, 1876, E.O. 1877).
Wusung (Imperial Decree, 1898).
Ybchow (Imperial Decree, 1898).
(6) Ports of call:—
(1.) On the Yang-tsze, for passengers and cargo—
Ho-kou (Chefoo Convention, 1876).
Luchikou (Chefoo Convention, 1876).
Nganking (Anking) (Chefoo Convention, 1876).
Tatung (Chefoo Convention, 1876).
Wu-Sueh (Chefoo Convention, 1876).
(2.) On the Yang-tsze, for passengers—
Hwangchow (Yang-tsze Regulations, 1898).
Hwang-tze-kang (Yang-tsze Regulations, 1898).
I-chang b (Yang-tsze Regulations, 1898).
Kiang-yin (Yang-tsze Regulations, 1898).
(3.) On the West River, for passenger and cargo—
Do-Sing c d (by Shanghae Treaty, 1902).
Komchuk (Burmah Convention, 1897).
Lo-ting-hau (by Shanghae Treaty, 1902). d
Pak-tau-hau (by Shanghae Treaty, 1902). d
Shiu-hing (Burmah Convention, 1897).
Takhing (Burmah Convention, 1897).
(4.) On the West River, for passengers—
Fung-chuen (Shanghae Treaty, 1902). d
How-lik (Shanghae Treaty, 1902). c d
Eau Kong (Shanghae Treaty, 1902). c d
Kulow (Shanghae Treaty, 1902). d
Luk Pu (Shanghae Treaty, 1902). c d
Luk To (Shanghae Treaty, 1902). c d
Mah-ning (Shanghae Treaty, 1902). c d
Wing-on (Shanghae Treaty, 1902). d
Yuet Sinor (Shanghae Treaty, 1902). c d
Yungki (Shanghae Treaty, 1902). c d
ab Not
Chao-Chow is the portwith
to beforconfounded named in thetheTreaty,
Ichang, Treaty
of Hisdc Opened
Majesty’s passenger traffic
Consul-General in January,
prior 1903, byofport,
to 20,ratification the Viceroy of Canton, at the suggestion
Treaty.
Canton Consulate reported,
by Customs notification of March 1, 1904.June 1904, by telegram that all had been declared open
FOREIGN TRADE IN THE FAR EAST 297
II.—JAPAN
(a.) Treaty ports:—
i&Hakodate opened in 1859 Hiogo opened in 1868
Nagasaki opened in 1859 Osaka b opened in 1868
Yokohama or Kanagawa ..opened in 1859 Niigata b (or Ebisumi-
[(HTokio a opened in 1867 nato) opened in 1869
(6.) Ports in Formosa opened to subjects of Powers having Commercial
•eaties with Japan for residence and trade:—c
iAnping opened in 1896 I Tamsui opened in 1896
Keelung opened in 1896 Tainan (or Taiwan-foo) (opened in 1896 ;
aTakao opened in 1896 | to foreign vessels and their cargo only).
(c.) Opened with a proviso as to closing at three months’ notice:—
Opened in Opened in
Shimizud (Province of Suruga) ...1899 Miyazud (Province of Tango) 1899
Taketoyo d (Province of Owari) ...1899 Tsuruga d (Province of Echizen) .. .1899
^Nagoyae (Province of Owari) 1907 Nanaod (South Bay) (Province of
Yokkaichi d (Province of Ise) 1899 Noto) ‘ 1899
Shimonoseki d (Province of Nagato)1899 Fushikid (Province of Etchu) 1899
Mojid (Province of Buzen) 1899 Otaru d (Province of Shiribeshi) ..1899
Hakata d (Province of Chikzen) ... 1899 Kushirod (Province of Kushiro) ...1899
Karatsud (Province of Hizen) 1899 Muroran/h (Province of Iburi) ...1899
IKuchinotsud (Province of Hizen)..1899 Itozaki (Province of Bingo) 1900
Misumid (Province of Higo) 1899 Wakamatsu i (Province of Chikuzen) 1904
Izuhara d (Island of Tsuhima) 1899 Shishimid (Island of Tsushima) ...1899
Sasunad (Island of Tsushima). 1899 Nahad (Loochoo Islands) 1899
Hamada d (Province of Iwami) ... 1899 Suminoyej (Province of Hizen) ...1906
,id (Province of Hoki) 1899 Awomori/g (Province of Mutsu) ...1906
a These
Tokio was never a shipping port,XI.butof simply a placeof open
1894 toexcluded
foreignfrom
tradetheandcategory
residence.of
portsbc between
Opening
ports
which arecoasting
under Article
trade is the toTreaty
permitted British vessels.
Articlebynotified
July,d“ 1899), 3which by departmental
of Imperial
theand Ordinance
opening
notice
of these
issued
No.ports
342 by Foreignin Office
(published
was notified,
in Tokio
“Official
reads
(February,
Gazette”
as follows:— of the1896).
13th
When
any twothe imports
yearsinincases exports
succession together at
doinnotconsequence any
reach the valueof the ports mentioned
of development in
50,000 yen theyof shall Article
be closed.for
1
• “When
new ports aremaintenance where,
established ofin anythe such
vicinity of the
ofasanyan ofopen
theport,
portsisenumerated communications,
in Article 1,
2 itthemayfurther
be closed,
“The ofdate notwithstanding the port,
provisions of the considered
preceding
of the closing shall be notified three months beforehand by the clause. unnecessary,
e OpenedMinister
byunder Finance.”
Imperial OrdinanceasNo.ports330under (published in “Official Gazette” of the 28th
October, 1907),
/ TheGrains following articlesconditions
same only may be imported at4.the ports of Muroran and Awomori:—
Beverages and seeds.
andTariff
comestibles (articles in Group 3 of the Import Tariff attached to the
Sugar, Customs
confectionery, Law).
and sweetmeats (articles included in Group 4 of the said Tariff).
Furs.
Hidesfats, andand skinswaxes.
(articles included in Group 6, No. 66 of the above-mentioned Tariff).
Oils,
Iron— T,Railsangle, and the like.for rails.
Bolts,
Materials nuts,and
for
fishplates
washers,
bridging rivets, and dogspikes
and building (made (all made of iron).
of metal).
Mechanics’
Locomotives, tools, and
locomotiveagricultural implements
tenders,waggons, and
and partsandthereof. parts thereof.
Railway passenger
Duty freeexempted
articles. cars, freight parts thereof.
ArticlesTariff Law). from import duty (articles included in Article 7 of Customs
FOREIGN TRADE IN THE FAR EAST
(d.) Ports in Formosa and the Pescadores open, for the present, only to junk
traffic:—k
(1.) Formosa—l
Opened in Opened in
Gosei (or Tokaku) m Taichu Kiuko (or Kiukong) Taihoku Pre-
Prefecture 1899 fecture 1899
Koro (or Oulong) Taichu Pre- Toko (or Tongkong), Tainan Pre-
fecture 1899 fecture 1899
Rokko (or Lukong) Taichu Pre- Tosekiko (or TonchoJ, Tainan
fecture 1899 Prefecture 1899
(2.) The Pescadores—
Makiu (or Makung), opened i 1899.
III.—COREA
Treaty ports:—
Chemulpo (opened 1880 under Japanese Treaty, 1876).
Chinnampo (opened October 1, 1897).
Chungchin (opened April 1, 1908).
Fusan (Japanese Treaty, 1876).
Kansan (May 1, 1899).
Masampo (May 1, 1899).
Mokpo (October 1, 1897).
Seoul (Hanyang) (British Treaty, 1883).
Songchin (May 1, 1899).
Wonsan (or Gensan) (opened 1880 under Japanese Convention, 1879).
Ping-yang (held to be open by Agreement among foreign Representatives
at Seoul, November, 1899).
Tang-wha-chin (opened 1883 under Japanese Convention, 1882).
Yongampo (date of opening not yet fixed).
Wiju (date of opening not yet fixed).
N.B.—At Yongampo and Wiju the Customs opened offices in July, 1906, and
foreign steamers call there without objection on the part of the authorities.
IV.—SIAM
Article IV. of the Treaty of April 18, 1855, stipulates that:—
“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.”
g At the port
1st December, 1907:— of Awomori the following additional goods may be imported from the
Tinplates,
h At the port iron tubes, solder.
of Muroran
the exception
i AtFresh of those
the port of prohibitedallthe
Wakamatsu byarticles may be the
Article imported
following10 ofgoods Customs
may
afterTariff
the Law.
be imported:—
1st December, 1907, with
Rice, eggs.
unhulled rice, barley, wheat, oats, Indian corn and beans.
Iron ore.
Pig iron.
Manure.
And from the 1st December, 1907:—
Coke,
jk AtOpening manganese
the Port ore, ferro-manganese,
of Suminoye onlyof the ofandcommodities
spiegleisen.is permitted.
export Government,
I The Port notified
of Kakokoby Decree
for Formosan
Hokkokei), opened with datedinAugust, 1899.closed from the
1st July, 1907,name
by inDecree of Formosan Government, datedtheofMay,
others 1907. 1899, was
the port in the Pescadores, is the local Chinese name of the port in question.of Formosa and of
m The brackets in this case, as in the case each of the ports
THE FOREIGN JURISDICTION ACT, 1890
53 and 54 Victoria, Chapter 37
An Act to Consolidate the Foreign Jurisdiction Acts
[4tli August, 1890]
I Whereas by treaty, capitulation grant, usage, sufferance, and other
lawful means, Her Majesty the Queen has jurisdiction within divers
foreign countries, and it is expedient to consolidate the Acts relating to
the exercise of Her Majesty’s jurisdiction out of Her dominions:
Be it therefore enacted by the Queen’s most Excellent Majesty, 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, jurisdiction in
exercise, and enjoy any jurisdiction which Her Majesty now has or may country,
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.
2.—Where a foreign country is not subject to any government from Exercise of
whom Her Majesty the Queen might obtain jurisdiction in the manner
recited by this Act, Her Majesty shall by virtue of this Act have jurisdic- in countries 81
tion over Her Majesty’s subjects for the time being resident in or resort- governments!
ing to that country, and that jurisdiction shall be jurisdiction of Her
Majesty in a foreign country within the meaning of the other provisions
1 of this Act. cts
3.—Every act and thing done in pursuance of any jurisdiction of Her s®
Majesty in a foreign country shall be as valid as if it had been done tlon ance of jur^dic-
. according to the local law then in force in that country. -
4.—(1.) If in any proceeding, civil or criminal, in a Court in Her Evidence as to
Majesty’s dominions or held under the authority of Her Majesty, any diution exu'?8™j°uri8-
que.-.tion. arises as to the existence or extent of any jurisdiction of Her oouu ry’nforei(fn
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.
(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, power to extend
if she thinks fit, by Order to direct that all or any of the enactments enactments in
described in the First Schedule to this Act, or any enactments for the First Schedu,e*
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.
FOREIGN JURISDICTION ACT, 1830
(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.
Power0 to hsend d a 6.—(1.) Where a person is charged with an offence cognizable by
wth
trial otteu ces”fo r
to a British from British court in a inforeign country,may,
any byperson having authority derivedso
possession. chargedHerto Majesty
be sent forthat
trialbehalf
to any British warrant,
possession cause thetime
for the person
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
courtis 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
f competent witness whose evidence he deems material for hia
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 whicli the
trial takes place shall allow so much of the evidence so taken as
would have been admissible according to the law and practice
of that court, had the witness been produced and examined at
the trial, to be read and received as legal evidence at the trial:
(d.) The court of the British possession shall admit and give effect
to the law by which the alleged offender would have been tried
by the British court in the foreign country in which his offence
is alleged to have been committed, as far as that law relates to
the criminality of the act alleged to have been committed, or
the nature or degree of the offence, or the punishment thereof,
if the law differs in those respects from the law in force in that
British possession.
(2.) Nothing in this section shall’alter or repeal any law, statute, or
usage by virtue of which any offence committed out of Her Majesty’s
dominions may, irrespectively of this Act, be inquired of, tried, determined
and punished within Her Majesty’s dominions, or any part thereof.
Prorision »s to countr7. Where an offender convicted before a British court in a foreign
ment of Arsons
61301 3
conrictef. ' imprisonment, J has beenor sentenced
any other bypunishment,
that court tothesuffer death,shall
sentence penalbeservitude,
carried
into effect in such place as may be directed by Order in Council or be
determined in accordance with directions given by Order in Council, and
the conviction and sentence shall be of the same force in the place in
which the sentence is so carried into effect as if the conviction had been
made and the sentence passed by a competent court in that place.
| FOREIGN JURISDICTION ACT, 1890
3 8. Where, bv Order in Council made in pursuance of this Act, anv w
i.ritish court in a foreign country is autborised to order the removal or
qeportation of any person from that country, that removal or deportation,
nd any detention for the purposes thereof, according to the provisions
f the Order in Council, shall be as lawful as if the order of the
raburt were to have effect wholly \\ ithin that country.
I 9. It shall be lawful for Her Majesty the Queen in Council, by
-bdrder, 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, oases wittm
:§|>riginal or appellate, which may lawfully by Order in Council be assigned judscftctionAct.
o or conferred on any British court in any foreign country, and to
dauake such provisions and regulations as to Her Majesty' in Council seem
s^neet respecting the exercise of the jurisdiction so assigned or conferred,
blind respecting the enforcement and execution of the judgments, decrees,
*f|)rders, and sentences of any such court, and respecting appeals therefrom.
10. It shall be lawful for Her Majesty the Queen in Council to revoke
hr vary any Order in Council made in pursuance of this Act. §sr“
11. Every Order in Council made in pursuance of this Act shall be
iaid before both Houses of Parliament forthwith after it is made, if
idParliament be then in session, and if not, forthwith after the commence-
asment of the then next session of Parliament, and shall have effect as if it
■were enacted in this Act.
I 12.—(1.) If any Order in Council made in pursuance of this Act as
isrespects any foreign country is iu any respect repugnant to the provisions
bof any Act of Parliament extending to Her Majesty’s subjects in that
■country, or repugnant to any order or regulation made under the authority
hof any such Act of Parliament, or having in that country the force and
heffect of any such Act, it shall be read subject to that Act, order, or
4regulation, and shall, to the extent of such repugnancy, but not otherwise,
o be void.
(2.) An Order in Council made in pursuance of this Act shall not be,
il law of England unless it is repugnant to the provisions ot 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
j execution of this Act, or of any enactment repealed by i his Act, or of any
' Order in Council made under this Act, or of any such jurisdiction of Her
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
(&.) 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 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.
FOREIGN JURISDICTION ACT, 1!
(2.)—In way such action, suit, or proceeding, tender of amends before
the same was commenced may be pleaded in lieu of or in addition to any
other plea. If the action, suit, or proceeding was commenced after such
tender, or is proceeded with after payment into court of any money in
satisfaction of the plaintiff’s claim, and the plaintiff does not recover
more than the sum tendered or paid, he shall not recover any costs
incurred after such tender or payment, and the defendant shall be entitled
to costs, to be taxed as between solicitor and client, as from the time of
such tender or payment; but this provision shall not affect costs on any
injunction in the action, suit, or proceeding.
14.—It shall be lawful for Her Majesty the Queen in Council to
make any law that may seem meet for the government of Her Majesty’s
subjects being in any vessel at a distance of not more than one hundred
miles from the coast of China or of Japan, as fully and 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
extends to persons enjoying Her Majesty’s protection, that expression
shall include all subjects of the several Princes and States in India.
16.—In this Act,—
Definitions. The expression “ foreign country ” means any country or place out
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.
orVaryVcta^iL
Second 17-—The Acts mentioned in the Second Schedule to this Act may
Be eal ocheduie. be revoked or varied by Her Majesty by Order in Council.
P - 18.—The Acts mentioned in the Third Schedule to this Act are
hereby repealed to the extent in the third column of that schedule
mentioned : Provided that,—
(1) Any Order in Council, commission, or instructions made or
issued in pursuance of any enactment repealed by this Act, shall,
if in force at the passing of this Act, continue in force, until
altered or revoked by Her Majesty as if made in pursuance of
this Act ; and shall, for the purposes of this Act, be deemed
to have been made or issued under and in pursuance of this
Act ; and
(2) Any enactment, Order in Council, or document referring to any
enactment repealed by this Act shall be construed to refer to
the corresponding enactment of this Act.
short title. 19.—(l.) This Act may be cited as the Foreign Jurisdiction Act,
1890.
(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.
FOREIGN JURISDICTION ACT, 1890 303
SCHEDULES
FIRST SCHEDULE (Sections 5 and 19)
Enactments which
ftl andSession
Chapter. Title. MAT BE EXTENDED
by Council.
Order in Short Title.
812 & 13 Yict. c. 96. Ansecution
Act to provide
and Trial
Majesty’s Colonies
for the Her The whole Act. |I! Admiralty
in Pro-
oftheOffences (Colonial)
1849.
Offences
Act,
committed
diction of thewithin
Admiralty. juris-
114 & 15 Yict c. 99. Act to amend the law of Sections
Anevidence. eleven. seven and J Evidence Act, 1851.
?, 17& 18 Viet. c. 104. The1854.Merchant Shipping Act, Part X.
119 & 20 Viet. c. 113. Anevidence
Act to provide taking The whole Act.
Her forMajesty’s
inin relation
Foreign
EvidenceTribunals
Act,
Dominions
and commercial matters to civil
pend- 1856.
S 22 Viet. c. 20. Aning Actbefore
evidence
Foreignfortribunals.
to inprovide
Suits taking | The whole Act.
andTribunals
Proceed- Evidence by Com-
mission Act, 1859.
ings pending
inin places
Her Majesty’s before Dominions,
tion outtribunals.
oftosuchafford of the jurisdic-
8 22 & 23 Viet. c. 63. Anthe Actmore Facilities for The whole Act. British Law Ascer-
tainment Act,
ment of the certain
Law Ascertain-
administered 1859.
inDominions,
one Part ofwhen Herpleaded
Majesty’sin
the
thereof.Courts of another Part
23 122.
& 24 Viet. c. Antures
ActoftoHerenable the Legisla-
Majesty’s Posses- j The whole Act. Admiralty
("Colonial)Offences
Act,
sions
ments Abroad
similar totomake
the Enact-
Enact- 1860.
ment of the Actchapter
the Fourth,, ninth, George
thirty-
24 & 25 Viet. c. 11. Anone,
the Act section
to affordeight.facilities
betterof Foreign
Ascertainment forof The whole Act. Foreign Law Ascer-
tainment Act,
the
when Lawpleaded Countries
in Courts with- 1861.
30124.
& 31 Viet. c. in Her Majesty’s Dominions.
The1867.Merchant Shipping Act, Section eleven.
37 & 38 Viet. c. 94. TheAct,Conveyancing
1874. Offenders (Scotland) Section fifty-one.
44 & 45 Viet. c. 69. The1881.Fugitive Act, The whole Act.
48 & 49 Viet. c. 74.
1885. by Commission The whole Act.
TheAct,Evidence
FOREIGN JURISDICTION ACT, 1890
SECOND SCHEDULE (Section 17)
Acts which may be revoked or varied by Order in Council
4 & 25 Viet. c. 31. An Act for thecommitted
of offences preventionbyandHerpunishment
Majesty’s The whole Act.
subjects within
centforto the certain
colony territories
of Sierra adja-
Leone. The whole Act.
26 & 27 Viet. c. 35. An Act
ofsubjectsthecommitted
offences preventionbyandHerpunishment
Majesty’s
in South Africa.
THIRD SCHEDULE (Section 18)
Enactments repealed
Title or Short Tit k. Extent of Reptal.
TheActForeign
An Jurisdiction
to confirm an OrderofAct,injurisdiction
1843. con-
Council
cerning
matters the exercise
arising within the kingdom inof
28 & 29 Viet, c Siam.
The Foreign Jurisdiction Act Amendment The whole Act.
29 & 30 Viet, c TheAct,
Act,
1865.Jurisdiction
Foreign
1866. Act Amendment The whole Act.
S3 & 34 Viet, c Thediction
Siam andAct, Straits
1870. Settlements Juris- The whole Act.
The Foreign
An offences
Act Jurisdiction
for against Act, 1875.
more effectually punishingto The wholefourAct.and six.
Sections
the slave trade. the laws relating
41 & 42 Viet. c. 67 The Foreign Jurisdiction Act, 1878. The whole Act.
ORDERS IN COUNCIL
ORDER OF HIS MAJESTY THE KING IN COUNCIL
FOR THE GOVERNMENT OF HIS MAJESTY’S
SUBJECTS IN CHINA AND COREA
At the Court at Buckingham Palace, the 24th day of October, 1904
Present:—
THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL.
Lord President. Lord Windsor.
Mr. Secretary Brodrick. Mr. A. Graham Murray.
Whereas by Treaty, grant, usage, sufferance, and other lawful means.
His Majesty the King has jurisdiction within the dominions of the Emperor
of China and of the Emperor of Corea;
Now, therefore, His Majesty, by virtue and in exercise of the powers
in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His
Majesty vested, is pleased by and with the advice of his Privy Council to
order, and it is hereby ordered, as follows
I.—Preliminary and General.
1. This Order is divided into parts, as follows:—
Subject. Articles.
It Preliminary and General 1-6
II. Constitution and Powers of Courts 7-34
III. Criminal Matters 35-88
IV. Civil Matters 89-117
V. Procedure, Criminal and Civil 118-128
VI. Mortgages and Bills of Sale... 129-150
VII. Foreign Subjects and Tribunals 151-154
VIII. Regulations 155-159
IX. Miscellaneous 160-171
Schedule of Repealed Orders.
2. The limits of this Oi'der are the dominions of the Emperor of Limits of
•China and of the Emperor of Corea, including the territorial waters of 0rder’
those dominions respectively; but, except as provided in this Order, the
said limits do not include places within the limits of the Weihaiwei
Order in Council, 1901.
ORDERS IN COUNCIL
3. In the construction of this Order the following words and expres-
sions have the meanings hereby assigned to them, unless there be some-
thing in the subject or context repugnant thereto, that is to say:—
“Administration” means letters of administration, including the
same with will annexed or granted for special or limited purposes
or limited in duration.
“British ship” means a merchant-ship being a British ship within
the meaning of the Merchant Shipping Act, 1894, and includes
any ship provided with sailing letters from the Governor of
Hongkong, or from His Majesty’s Minister in China or Corea.
“ British possession ” means any part of His Majesty’s dominions
exclusive of the United Kingdom.
“ British subject” includes a British protected person, that is to say,
a person who either (a) is a native of any Protectorate of His
Majesty, and is for the time being in China or Corea; or (b) by
virtue of Section 15 of the Foreign Jurisdiction Act, 1890, or
otherwise enjoys His Majesty’s protection in China and Corea.
“ China ” means so much of the Empire of China as is within the
limits of this Order.
“Consular district ” means the district in and for which a Consular
officer usually acts, or for which he may be authorized to act,
for all or any of the purposes of this Order by authority of the-
Secretary of State.
“ Consular officer” means a Consul-General, Consul, Vice-Consul
Consular Agent, or Pro-Consul of His Majesty resident in China
or Corea, including a person acting temporarily, with the-
approval of the Secretary of State, as or for a Consul-General,
Consul, Vice-Consul, or Consular Agent of His Majesty so
resident.
“ Commissioned Consular officer ” means a Consular officer holding
a commission of Consul-General, Consul, or Vice-Consul from
His Majesty, including a person acting temporarily, with the
approval of the Secretary of State, or of His Majesty’s Minister
in China or Corea, as or for such a commissioned Consular
officer.
“ Consulate ” and “ Consular office ” refer to the Consulate and
office of a Consular officer.
“ The Court,” except when the reference is to a particular Court,
means any Court established under this Order, subject, however,
to the provisions of this Order with respect to powers and local
jurisdictions.
“Foreigner” means a subject or citizen of a State in amity with
His Majesty, including China and Corea.
“Judge,” except where the context intends a reference to the Judge
of the Supreme Court only, includes Assistant Judge, and,
except where the context intends a reference in the Supreme
Court only, includes the officer for the time being holding a
Provincial Court.
“Legal practitioner” includes barrister-at-law, advocate, solicitor,
Writer to the Signet, and any person possessing similar
qualifications.
“ Lunatic” means idiot or person of unsound mind.
“ Master,” with respect to any ship, includes every person (except a
pilot) having command or charge of that ship.
“Minister” means His Majesty’s Minister in China or in Corea, as-
the case may be, and includes Charge d’Affaires or other chief
Diplomatic Representative.
H.B.M. SUBJECTS IN CHINA AND COREA 307
1“ Month ” means calendar month.
“ Oath ” and “ affidavit,” in the case of persons for the time being
allowed by law to affirm or declare, instead of swearing, include
affirmation and declaration, and the expression “ swear,” in the
like case, includes affirm and declare.
“Offence” includes crime, and any act or omission punishable
criminally in a summary way or otherwise.
“ Person” includes Corporation.
“ Prescribed ” means pi-escribed by Regulations or Rules of Court.
“ Prosecutor ” means complainant or any person appointed or allowed
by the Court to prosecute.
“ Proved” means shown by evidence on oath, in the form of affidavit,
or other form, to the satisfaction of the Court or Consular
officer acting or having jurisdiction in the matter, and “ proof”
means the evidence adduced in that behalf.
“Rules of Court” means rules of Court made under the provisions
of this Order.
“ Secretary of Stat i ” means one of His Majesty’sPrincipal Secretaries
of State.
“Ship” includes any vessel used in navigation, however propelled,
with her tackle, furniture aud apparel, and any boat or other craft.
“ The Treasury ” means the Commissioners of His Majesty’s Treasury.
“ Treaty ” includes any Convention, Agreement, or Arrangement,
made by or on behalf of His Majesty with any State or Glovern-
ment, whether the Government of China or of Corea is a party
thereto or not.
“ Will ” means will, codicil, or other testamentary instrument.
Expressions used in any rules, regulations, or orders made under this
•Order shall, unless a contrary intention appears, have the same respective
meanings as in this Order.
4.—(1) In this Order, words importing the plural or the singular Rules ot
may be construed as referring to one person or thing, or to more than Construction
one person or thing, and words importing the masculine as referring to
the feminine (as the case may require).
(2) Where this Order confers any power or imposes any duty, then,
unless a contrary intention appears, the power may be exercised and the
duty shall be performed from time to time as occasion requires.
(3) Where this Order confers a power, or imposes a duty on, or
with respect to, a holder of an office, as such, then, unless a contrary
intention appears, the power may be exercised and the duty shall be per-
formed by, or with respect to, the holder for the time being of the office
or the person temporarily acting for the holder.
(4) Where this Order confers a power to make any rules, regulations,
or orders, the power shall, unless a contrary intention appears, be construed
as including a power exercisable in the like manner and subject to the
like consent and conditions, if any, to rescind, revoke, vary, or amend
the rules, regulations, or orders.
(5) This Article shall apply to the construction of any rules, regula-
tions, or orders made under this Order, unless a contrary intention appears.
5. The jurisdiction conferred by this Order extends to the persons Extent of
and matters following, in so far as by Treaty, grant, usage, sufferance, or Jurisdiction,
•other lawful means, His Majesty has jurisdiction in relation to such
matters and things, that is to say:—
(1) British subjects, as herein defined, within the limits of this Order.
(2) Tho property and all personalor proprietary rights and liabilities
within the said limits of British subjects* whether such subjects
are within the said limits or not.
808 ORDERS IN COUNCIL
(3) Foreigners in the cases and according to the conditions specified}
in this Order and not otherwise.
(4) Foreigners, with respect to whom any State, King, Chief, or
Government, whose subjects, or under whose protection they are,
has by any Treaty as herein defined or otherwise agreed with
His Majesty for, or consents to, the exercise of power or
authority by His Majesty.
(5) British ships with their boats, and the persons and property on
board thereof, or belonging thereto, being within the limits of
this Order.
Exercise of the hearing
jurisdiction, 6. All His
andMajesty's jurisdiction
determination exercisable
of criminal in China
or civil matters,or orCorea for
for the
maintenance of order, or for the control or administration of persons or
property, or in relation thereto, shall be exercised under and according to
the provisions of this Order, and not otherwise.
II.—Constitution and Powers of Courts.
(i) Supreme Court.
Constitution
remC 7.—(1) There shall be a Court styled “ His Britannic Majesty’s-
Court
our
' Supreme
Supreme Court
Court, for
andChina and Corea”
comprised (in this
in the term “theOrder referred to as the
Court”).
(2) Subject to the provisions of this Order, there shall be a Judge, and
as many Assistant Judges of the Supreme Court as may from time to
time be required, who shall respectively be appointed by His Majesty by
warrant under His Boyal sign manual.
Every Judge shall be at the time of his appointment a member of
the Bar of England, Scotland, or Ireland, of not less than seven years'-
standing.
(3) The Judges, or any two of them, shall sit together for the pur-
poses described in this Order, and the Supreme Court so constituted is
hereinafter in this Order referred to as the “ Full Court.”
(4) When the Full Court consists of not more than two Judges, and
there is a difference of opinion, the opinion of the Judge, or, in his absence^
the Senior Assistant Judge, shall prevail.
(5) Subject to any Rules of Court, the Judge shall make any such,
arrangements as he thinks fit for the distribution of the bus ness of the
Court.
(6) If the Chief Justice in office at the passing of this Order becomes-
the Judge of the Supreme Court under this Order, he shall retain the title-
of Chief Justice during his tenure of office.
Acting judge. incapacity
8. During
of theaJudge,
vacancyorinofthehisoffice of Judge,
absence or indistrict
from the case ofofthetheillness or
Consul-
ate of Shanghai, the Secretary of State may appoint a fit person to act as
Judge, but unless or until such appointment is made, the Assistant Judge
or Senior Assistant Judge shall act as Judge.
An Acting Judge shall, during the continuance of his appointment,
have all the power and authority of the Judge.
aut Judge. Judge,9- orDuring
Acting Assist- in casea vacancy or temporary
of the absence, vacancyorinother
or illness, the office of Assistant
incapacity of an.
Assistant Judge, the Judge may, by writing under his hand and the seal
of the Supreme Court, appoint any fit person, approved by the Secretary
of State, or by His Majesty’s Minister in China, to act as and for such.
Assistant
as the caseJudge
may. be;for the
but time
everytherein mentioned orshall
such appointment duringbe the vacancy,at
revocable,
pleasure, by the Judge, by writing under his hand and the seal of the
Supreme Court, or by the Secretary of State.
SUBJECTS IN CHINA AND COREA 309-
1n
| The person so appointed shall, during the continuance of his appoint-
J client, have all the power and authority of an Assistant Judge.
; 1 10. The Secretary of State may appoint either a person qualified as Additional
cv4ovided in Article 7, or a Consular officer to act as an additional Assis- Assistant
Jfcnt Judge, and any person so appointed shall, during the continuance of
as appointment, have all the power and authority of an Assistant Judge.
11. The Supreme Coui't shall have a seal, bearing the style of the Seal ot
niourt and such device as the Secretary of State approves, but the seal in Supreme
i ase at the commencement of this Order shall continue to be used until a
■view seal is provided.
12. —(1) There shall be attached to the Supreme Court Officersa ofSheriff, a
'ubrown Advocate, a Registrar, a Chief Clerk, a Marshal, and such other Supreme
oflffficers and clerks under such designations as the Secretary of State
xphinks fit.
(2) The Secretary of State, or His Majesty’s Minister in China or
ifcorea, as the case may be, may temporarily attach to the Supreme Court
ojfiiuch persons, being Consular officers, as he thinks fit.
I (3) Every officer, clerk, and other person thus attached shall dis-
ctjcharge such duties in connection with the Court as the Judge may direct,
msubject to any instructions of the Secretary of State.
13. The Sheriff shall have all the powers and authorities of the Sheriff.
JjSheriff of a county in England, with all the privileges and immunities of
mhe office, and shall be charged with the execution of all decrees, orders
Iand sentences made and passed by the Supreme Court, on the requisition
in that behalf of the Supreme Court.
He shall be entitled to such fees and costs as the Supreme Court
may direct.
14. The Registrar shall be appointed by His Majesty. Registrar.
He shall be either a member of the Bar of England, Scotland, or
Ireland, or a Solicitor of the Supreme Court in England or Ireland, or a
I Writer to His Majesty’s Signet, or a Solicitor in the Supreme Courts of
Scotland.
He may also, with the approval of the Secretary of State, hold the
office of Chief Clerk of the Supreme Court.
In case of the absence from Shanghai or of the illness of the Regis-
trar, or during a vacancy in the office of Registrar, or during the employ-
ment of the Registrar in another capacity, or on emergency, the Judge may,
by writing under his hand and the seal of the Supreme Court, appoint
any fit person to act as Registrar for the time therein mentioned, or until
the appointment is revoked by the Judge or disapproved or revoked by
the Secretary of State.
15. The Judge, each Assistant Judge, and the Registrar shall hold Tenure
Judges andof
office during the pleasure of His Majesty.
16. In case at any time His Majesty thinks fit by warrant under his Registrar.
Revocation
Appointments, of
Royal sign manual to revoke the warrant appointing any person to be
Judge, Assistant Judge, or Registrar, 0r while there is a Judge, Assistant
Judge, or Registrar in office, thinks fit by warrant under his Royal sign
manual to appoint another person to be Judge, Assistant Judge, or
Registrar (as the case may be), then, and in every such case, until the
warrant of revocation or of new appointment is notified by His Majesty’s
Minister in China to the person holding office, all powers and authorities
vested in that person shall continue and be deemed to have continued in
as full force—and he shall continue, and be deemed to have continued,
entitled to all the privileges and emoluments of the office as fully, and all
things done by him shall be and be deemed to have been as valid in law—
as if such warrant of revocation or new appointment had not been
made.
310 ORDERS IN COUNCIL
Sittings
Supremeof 17. The Supreme Court shall ordinarily sit at Shanghai; but may,
if it seems expedient, sit at any other place within the limits of this
Order, and may at any time transfer its ordinary sittings to any such
place as the Secretary of State approves. Under this Article the Judges
may sit at the same time at different places, and each sitting shall be
Vinitation of deemed to be a sitting of the Supreme Court.
Judges. 18. The Judge or under his directions an Assistant Judge may visit,
in a magisterial or judicial capacity, any place in China or Corea, and
there inquire of, or hear and determine, any case, civil or criminal, and
may examine any records or order documents in any Provincial Court,
and give directions as to the keeping thereof.
(ii) Provincial Courts.
of’provi'nda”
-court. —(1) Every commissioned
those at Shanghai and with such other Consular officer,(ifwith
exceptions any)theasexception
the Secre-of j
tary of State thinks fit to make, shall for and in his Consular district
hold and form a Court, in this Order referred to as a Provincial Court. I1
(2) Where His Majesty’s Minister in China or Corea, as the case
may be, appoints any person to he Acting Consul-General, Consul, or i
Vice-Consul at any port or place in China or Corea, which is for the time
being open to foreign trade, and at which no commissioned Consular
officer is resident, that person shall hold and form a Provincial Court for ;
the district for which he is appointed to act.
(3) Every Provincial Court shall be styled “His Britannic Majesty’s
Court at Canton ” (or as the case may be).
(4) Every Provincial Court may, with the approval of the Judge of
the Supreme Court, appoint a competent person, or persons, to perform ;
such duties and to exercise such powers in and for that Court as are by
this Order and any Rules of Court imposed or conferred upon the Regis- j
trar and Marshal respectively, and any person so appointed shall perform *
such duties and exercise such powers accordingly.
(5) Every Provincial Court shall have a seal bearing its style and I
such device as the Secretary of State from time to time directs; but !
where such a seal is not provided, the seal of the Consular officer holding
the Court may be used.
(iii) Jurisdiction of Courts.
Courts of 20. The Supreme Court, and each Provincial Court, shall, in the j
Jurisdiction exercise of every part of its jurisdiction, be a Court of Record.
Supreme of 21- All His Majesty’s jurisdiction, civil and criminal, including any
jurisdiction by this Order conferred expressly on a Provincial Court,
Shanghai. shall for and within the district of the Consulate of Shanghai be vested
Jurisdiction exclusively in the Supreme Court as its ordinary original jurisdiction.
Provincial of 22. All His Majesty’s jurisdiction, civil and criminal, not under this
Order vested exclusively in the Supreme Court, shall to the extent and in
Concurrent of the manner provided by this Order be vestecT in the Provincial Courts.
jurisdiction 23. The Supreme Court shall have in all matters, civil and criminal,
Supreme an original jurisdiction, concurrent with the jurisdiction of the several
Provincial Courts, to be exercised subject and according to the provisions
of this Order.
■RJurisdiction
egistrar. of 24. —(1) The Registra
directions of the Judge, hold preliminary examinations, and shall hear
and determine such criminal cases in that Court as are not, under this
Order, required to be heard and determined on a charge.
(2) Tbe Registrar shall also have authority to hear and determine
such civil actions as may be assigned to him by the Judge, but actions
H.B.M. SUBJECTS IN CHINA AND COKEA 311
Iwhich under this Order are required or directed to be heard with a jury
a or assessors shall not be so assigned.
(3) For the purposes of this Article the Begistrar shall exercise all
the powers and jurisdiction of a Provincial Court, and the provisions of
this Order with respect to appeal and reserved case in criminal matters
and to appeal in civil matters shall apply accordingly.
25. —(1) Where any case, civil or criminal, commenced Case reported-in a
vincial Court, appears to that Court to be beyond its jurisdiction, or to or removed to
be one which for any other reason ought to be tried in the Supreme Supreme
Court, the Provincial Court shall report the case to the Supreme Court
for directions.
(2) The Supreme Court may of its own motion, or upon the report
of a Provincial Court, or on the application of any party concerned,
require any case, civil or criminal, pending in any Provincial Court to
be transferred to, or tried in, the Supreme Court, or may direct in what
Court and in what mode, subject to the provisions of this Order,. any
such case shall be tried.
26. The Supreme Court and every Provincial Court shall be
auxiliary to one another in all particulars relative to the administration auxiliary
one another.to
of justice, civil or criminal.
27. Every Judge and Officer of Courts established under this Order Conciliation.
shall, as far as there is proper opportunity, promote reconciliation and
encourage and facilitate the settlement in an amicable way and without
recourse to litigation of matters in difference between British subjects,
or between British subjects and foreigners in China or Corea. ;
28. Subject to the provisions of this Order, criminal and civil cases Modes of trial
may be tried as follows: —*
(a) In the case of the Supreme Court, by the Court itself, or by the
Court with a jury, or with assessors.
(b) In the case of a Provincial Court by the Court itself, or by the
Court with assessors.
29. Any of His Majesty’s Courts in China or Corea may cause any Process of
summons, order, or judgment issuing from the Supreme Court of Hong- Supreme
kong, in any civil proceeding, and accompanied by a request in writing Court of
Hongkong.
under the seal of that Court, to be served in China or Corea.
30. —(l) Notwithstanding anything in this Order,Immunity of s
the Court
not exercise any jurisdiction in any proceeding whatsoever over His Legation.
Majesty’s Minister, or over his official or other residences, or his official
or other property.
(2) Notwithstanding anything in this Order, the Court shall not
exercise, except with the consent of the Minister signified in writing to
the Court, any jurisdiction in any proceeding over any person attached
to or being a member of, or in the service of, the Legation. The consent
of the Minister may be given, either specially with respect to any person,
or generally with respect to any class of persons so attached.
(3) If in any case under this Order it appears to the Court that the
attendance of the Minister, or of any person attached to or being a mem-
ber of the Legation, or being in the service of the Legation, to give
evidence before the Court is requisite in the interest of justice, the Court
may address to the Minister a request in writing for such attendance.
(4) A person attending to give evidence before the Court shall not
be compelled or allowed to give any evidence or produce any document,
if, in the opinion of the Minister, signified by him personally or in writing
to the Court, the giving or production thereof would be injurious to His
Majesty’s service.
31. Where, by virtue of any Imperial Act, or of this Order, or other- Operation of
wise, any provisions of any Imperial Acts, or of any law of a British Imperial
312 ORDERS IN COUNCIL
possession, or of any Orders in Council other than this Order, are applic-
able in China or Corea, or any forms, regulations, or procedure prescribed
or established by or under any such A.ct, Law or Order, are made applic-
able for any purpose of this Order or any other order relating to China
or Corea, such Acts, Laws, Orders, Forms, Regulations, or procedure may
be construed or used with such alterations and adaptations not affecting
the substance as may be necessary having regard to local circumstances,
and anything required to be done by, to, or before any Court, Judge, officer,
or authority may be done by,- to, or before a Court, Judge, officer, or
authority having the like or analogous functions, or by, to, or before any
officer designated by the Secretary of State or by the Court (as the case
may require) for that purpose; and the seal of the Supreme or Provin-
cial Court (as the case may be) may be substituted for any other seal,
and in case any difficulty occurs in the application it shall be lawful for
a Secretary of State to direct by, to, or before whom and in what man-
ner anything is to be done, and such Act, Law, Order, Form, Regulation,
or Procedure shall be construed accordingly.
Where under any such Imperial Act, Law, or Order any publication
is required to be made, as respects any judicial proceeding in any
Gazette or otherwise, such publication shall in China or Corea be made
in such newspaper or by such other mode as the Court shall think fit
to direct.
Jurors and Assessors.
jury. 32.—(1) Every male resident British subject—being of the age of
21 years upwards—having a competent knowledge of the English
language—having or earning a gross income at such rate as may be fixed
by Rules of Court—not having been attainted of treason or felony, of
convicted of any crime that is infamous (unless he has obtained a free
pardon) and not being under outlawry—shall be qualified to serve on
a jury.
(2) All persons so qualified shall be liable so to serve, except the
following persons, who shall nevertheless be competent to serve, that is
to say
Persons in His Majesty’s Diplomatic, Consular, or other Civil Ser-
vice, in actual employment;
Officers, clerks, keepers of prisons, messengers, and other persons
attached to or in the service of the Court;
Officers and others on full pay in His Majesty’s navy or army, or in
actual employment in the service of any Department connected
therewith;
Persons holding appointments in the civil, naval, or military service
of China or Corea;
Clergymen and other ministers of religion in the actual discharge
of professional duties;
Legal practitioners in actual practice;
Physicians, surgeons, and apothecaries in actual practice;
Persons who are over 60 years of age or are disabled by mental or
bodily infirmity.
(3) A jury shall consist of such number of jurors, not more than
twelve nor less than five, as may be determined in accordance with Rules
of Court; and in such Rules different provisions may be made with
respect to the several places at which the Supreme Court may sit, regard
being bad to the number of available jurors and any other considerations.
(4) 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.
H.B.M. SUBJECTS IN CHINA AND COEEA 31S
(5) A jury shall be required to give an unanimous verdict; provided
that, with the consent of parties, the verdict of a majority may be taken
in civil cases.
33. —(1) An Assessor shall be a competent and impartial Briti
subject, of good repute, nominated and summoned by the Court for the
purpose of acting as Assessor.
(2) In the Supreme Court there may be one, two, or three Assessors,
as the Court thinks tit.
(3) In a Provincial Court there shall ordinarily be not fewer than
two, and not more than four, Assessors. Where, however, by reason of
local circumstances, the Court is able to obtain the presence of one
Assessor only, the Court may, if it thinks fit, sit with one Assessor only:
and where, for like reasons, the Court is not able to obtain the presence
of an Assessor, the Court may, if it thinks fit, sit without an Assessor—
the Court in every case, recording in the Minutes its reasons for sitting
with one Assessor only or without an Assessor.
(4) An Assessor shall not have any voice in the decision of the Court
in any case, civil or criminal; but an Assessor dissenting, in a civil case,
from any decision of the Court, or, in a criminal case, from any decision
of the Court or the conviction or the amount of punishment awarded,
may record in the Minutes his dissent, and the grounds thereof, and shall
be entitled to receive without payment a certified copy of the Minutes.
34. —(1) Any person failing to attend as juror or Assessor accordi
to a summons shall be deemed guilty of a contempt of Court, and shall “°" ^ttend'
be liable to a fine not exceeding <£10, but a person shall not be liable to e
fine for non-attendance unless he is resident in the Consular district in
which the Court sits.
(2) Any such fine shall not be levied until after the expiration of
fourteen 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 non-attendance (if he desire to do so). The Court shall con-
sider the affidavit, and may, if it seems proper, remit or reduce the fine.
III.—Criminal Matters.
35. —(1) Except as regards offences made or declared such by th
or any other Order relating to China or Corea, or by any Rules or Regu-
lations made under any Order;
Any act that would not by a Court of Justice having criminal
jurisdiction in England be deemed an offence in England, shall
not, in the exercise of criminal jurisdiction under this Order, be
deemed an offence, or be the subject of any criminal proceeding
under this Order.
(2) Subject to the provisions of this Order, criminal jurisdiction
under this Order shall, as far as circumstances admit, be exercised on
the principles of, and in conformity with, English law for the time being,
and with the powers vested in the Courts of Justice and Justices of
the Peace in England, according to their respective jurisdiction and
authority.
Local Jurisdiction in Criminal Matters.
36. Every Court may cause to be summoned or arrested, and brought Power to
before it, any person subject to and being within the limits of its juris- offender*
diction, and accused of having committed an offence cognizable under
this Order, and may deal with the accused according to the jurisdiction
of the Court and in conformity with the provisions of this Order.
314 ORDERS IN COUNCIL
Place offor
offence 37. For the purposes of criminal j urisdiction every offence and cause
purposes
trial. of be of complaint committed or arising within the limits of this Order shall
deemed to have been committed or to have arisen, either in the place
where the same actually was committed or arose, or in any place where
the person charged or complained of happens to be at the time of the
institution or commencement of the charge or pomplaint.
38. Where a person accused of an offence escapes or removes from
another
district. the Consular district within which the offence was committed, and is
found within another Consular district, the Court within whose district
he is found may proceed in the case to trial and punishment, or to pre-
liminary examination (as the case may require), in like manner as if the
offence had been committed in its own district; or may, on the requisi-
tion or with the consent of the Court within whose district the offence
was committed, send him in custody to that Court, or require him to
give security for his surrender to that Court, there to be dealt with
according to law.
Where any person is to be so sent in custody, a warrant shall be issued
by the Court within whose district he is found, and that warrant shall
be sufficient authority to any person to whom it is directed to receive
and detain the person therein named, and to carry him to and deliver
him up to the Court within whose district the offence was committed,
according to the warrant.
39. —(1) In cases
the criminal act which wholly or partly caused the death, happened
within the jurisdiction of a Court acting under this Order, that Court
shall have the like jurisdiction over any British subject who is accused
either as the principal offender, or as accessory before the fact to murder,
or as accessory after the fact to murder or manslaughter, as if both the
criminal act and the death had happened within that jurisdiction.
(2) lu the case of any offence committed on the high seas, or with-
in the Admiralty jurisdiction, by any British subject on board a British
ship, or on board a foreign ship to which he did not belong, the Court
shall, subject to the provisions of this Order, have jurisdiction as if the
offence had been committed within the jurisdiction of that Court. In
cases tried under this Article no different sentence can be passed from
the sentence which could be passed in England if the offence were tried
there.
(3) The foregoing provisions of this Article shall be deemed to be
adaptations, for the purposes of this Order and of the Foreign Juris-
diction Act, 1890, of the following enactments, that is to say:—
The Admiralty Offences (Colonial) Act, 1849.
The Admiralty Offences (Colonial) Act, 1860.
The Merchant Shipping Act, 1894, Part. XIII.
And those enactments shall apply accordingly and be administered in
China and Corea.
Apprehension and Custody oj Accused Persons.
Bringingd bef re 40.—(1) Where a person accused of an offence is arrested on a
Conrk ° within warrantforty-eight
issuing outhours
of anyafterCourt, he shallunless
the arrest, be brought before
in any case the Court
circumstances
unavoidably prevent his being brought before the Court within that time,
which circumstances shall be recorded in the Minutes.
(2) In every case, he shall be brought before the Court as soon as
circumstances reasonably admit, and the time and circumstances shall be
recorded in the Minutes.
Remand. 41.—(1) Where an accused person is in custody, he shall not be
remanded at any time for more than seven days, unless circumstances
H.B.M. SUBJECTS IN CHINA AND COREA 31»
it tppear to the Court to make it necessary or proper that he should be
n ’emanded for a longer time, which ciicumstances, and the time of re-
I nand, shall be recorded in the Minutes.
(2) In no case shall a remand be for more than fourteen days at
s me time, unless in case of illness of the accused or other case of
a necessity.
42. Where the Supreme Court or a Provincial Court issues a sum- Detention of
ions or warrant against any person on complaint of an offence committed ship-
in board of, or in relation to, a British ship, then, if it appears to the
[Court that the interests of public justice so require, the Court may issue
a warrant or order for the detention of the ship, and may cause the
ship to be detained accordingly, until the charge is heard and deter-
mined, and the order of the Court thereon is fully executed, or for such
shorter time as the Court thinks fit; and the Court shall have power to
make all such orders as appears to it necessary or proper for carrying
this provision into effect.
43. Every Provincial Court shall execute any writ, order, or warrant Execution
issuing from the Supreme Court, and may take security from any person sarprse^e
named therein for his appearance personally or by attorney, according to Court,
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
Corea, according to the writ, order, or warrant.
44. —(1) The Court may, in its discretion, admit to bail perso
accused of any of the following offences, namely :—
Any felony.
Biot.
Assault on any officer in the execution of his duty, or on any
person acting in his aid.
Neglect or breach of duty by an officer.
But a person accused of treason or murder shall not be admitted to
bail except by the Supreme Court.
(2) In all other cases the Court shall admit the accused to bail
unless the Court, having regard to the circumstances, sees good reason
to the contrary, which reason shall be recorded in the Minutes.
(3) The Supreme Court may admit a person to bail, although a
Provincial Court has not thought fit to do so.
(4) The accused who is to be admitted to bail, either on remand or
on or after trial ordered, shall produce such surety or sureties as, in the
opinion of the Court, will be sufficient to insure his appearance as and
when required, and shall with him or them enter into a recognizance
accordingly.
Trial with Jury or Assessors.
45. —(1) Where the offence charged is treason or murder the ca
must be tried on a charge before the Supreme Court with a jury.
(2) In each of the two following cases, namely :—
(i) Where the offence charged is rape, arson, housebreaking, rob-
bery with violence, piracy, forgery, or perjury ; or
(ii) Where the offence charged is any other than as aforesaid, but
it appears to the Court at any time before the trial, the opinion
of the Court being recorded in the Minutes, that the offence
charged, if proved, would not be adequately punished by im-
prisonment for three months with hard labour, or by a fine of
=£20, or both such imprisonment and fine—
The offence shall be tried on a charge with a jury or assessors
(according to the provisions of this Order applicable to the Court) ; but
may, with the consent of the accused, be tried without assessors or jury.
.316 ORDERS IN COUNCIL
In the Supi'eme Court, when the accused does not so consent, the chargej
shall be tried with a jury, unless the Court is of opinion that a jury!
cannot be obtained.
(3) The Supreme Court may, for any special reason, direct that any]
case shall be tried with assessors or a jury, and a Provincial Court may,,
for any special reason, direct that any case shall be tried with assessors^
In each such case the special reason shall be recorded in the Minutes. ]
Speedy trial. 46.—(1) Where an accused person is ordered to be tried before a
Court with a jury or with assessors, he shall be tried as soon after the!
making of the order as circumstances reasonably admit.
(2) As long notice of the time of .trial as circumstances reasonably,
admit shall be given to him in v/riting, under the seal of the Court,!
which
Heport of f g^47.—(1) notice, and
The the time thereof,
Supreme shall when
Court shall, be recorded
requiredin bythetheMinutes.
Secretary
flentencee. 0 a^e> senq to him a report of the sentence of the Court in any case!
tried before that Court with a jury or assessors, with a copy of the!
Minutes and notes of evidence, and with any observations which the’
Court thinks fit to make.
(2) Every I'rovincial Court shall, in accordance with Rules of Court,
send to the Supreme Court a report of the sentence of the Court in i
every case tried by the Court with assessors, with such Minutes, notes!
of evidence, and other documents as such Rules may direct, and with j
any observations which the Court thinks fit to make.
Summary Trial.
Summary 48. Where the complaint discloses an offence which is not required
or directed to be heard on a charge, the accused may be tried summarily
on the complaint: Provided that where an offence is tried summarily
no greater punishment shall be awarded than imprisonment for three
months or a fine of <£20, or both.
Preliminary Examination.
Preliminary ^ Q49.—(1)
examination. Where the accused is before the Court, and it appears to
01ir(. that the complaint discloses an offence—
(а) Which ought to be tried in or reported to another Court; or
(б) Which ought to be tried before the same Court with a jury or
the Court shall proceed to make a preliminary examination in the
prescribed manner.
(2) On the conclusion of the preliminary examination, the Court
shall bind by recogoizance the prosecutor and every witness to appear
at the trial to prosecute, or to prosecute and give evidence, or to give
evidence (as the case may be), and if the case is to be tried in or reported
to another Court, shall forthwith send the depositions, with a minute of
other evidence (if any) and a report, to the Court before which the trial
is to take place.
Trial before18 50. Where a British subject is accused of an offence the cognizance
Majesty’s*
dominions. expedientappertains
whereof to anybeCourt
that the offence established
inquired of, tried,under this Order,
determined, and it is
and punished
in a British possession, the accused may (under the Foreign Jurisdiction
Act, 1890, Section 6) be sent for trial to Hongkong or to Burma ; and
the Supreme Court of Hongkong and the Sessions Court at Mandalay
shall respectively be the authorized Courts for the purposes of that
enactment.
The Court may, where it appears so expedient, by warrant under the
hand of a Judge and the seal of the Court, cause the accused to be sent
for trial to Hongkong or to Mandalay according^.
H.B.M. SUBJECTS IN CHINA AND COREA 317
The warrant shall be sufficient authority to any person to whom it
tis directed to receive and detain the person therein named, and to carry
(him to and deliver him up at Hongkong or Mandalay, according to the
•warrant.
Where any person is to be so sent to Hongkong or to Burma, the
•Court before which he is accused shall take the preliminary examination,
and if it seems necessary and propel' shall bind over such of the proper
witnesses as are British subjects in their own recognizances to appear
and give evidence on the trial.
51. —(1) If a British subject, having appeared as prosecutor
witness at a preliminary examination, refuses to enter into a recognizance recogniauiie.
to appear at the trial to prosecute or give evidence, the Court may send
him to prison, there to remain until after the trial, unless in the mean-
time he enters into a recognizance.
(2) But if afterwards, from want of sufficient evidence or other
•cause, the accused is discharged, the Court shall order that the person
imprisoned for so refusing be also discharged.
(3) Where the prosecutor or witness is not a British subject, the
•Court may require him either to enter into a recognizance or to give
other security for his attendance at the trial, and if he fails to do so may
in its discretion dismiss the charge.
52. Subject to Buies of Court made under this Order, the Court Expenses of
may order payment of allowances in respect of their reasonable expenses jnrorsTiC
to any complainant or witness attending before the Court on the trial of
-any criminal case by a jury or with assessors, and also to jurors, asses-
sors, interpreters, medical practitioners, or other persons employed in or
in connection with criminal cases.
Charges.
53. —(1) The charge upon which an accused person is tried sha
state the offence charged, with such particulars as. to the time and place charge‘
•of the alleged offence, and the person (if any) against whom or the thing
(if any) in respect of which it was committed, as are reasonably sufficient
to give the accused notice of the matter with which he is charged.
(2) The fact that a charge is made is equivalent to a statement that
•every legal condition required -by law to constitute the offence charged
was fulfilled in the particular case.
(3) Where the nature of the case is such that the particulars above
mentioned do not give such sufficient notice as aforesaid, the charge shall
also contain such particulars of the manner in which the alleged offence
was committed as will give such sufficient notice.
(4) For the purposes of the application of any Statute law, a charge
framed under the provisions of this Order shall be deemed to be an
indictment.
54. For every distinct offence of which any person is accused there s^aragC
shall be a separate charge, and every such charge shall be tried separately, separate f0P°
except in the cases following, that is to say:— offences.
(a) Where a person is accused of more offences than one of the same
kind committed within the space of twelve months from the
first to the last of such offences, he may be charged with, and
tried at one trial for any number of them not exceeding three.
(h) If in one series of acts so connected together as to form the
same transaction more offences than one are committed by the
same person, he may be charge ! with and tried at one trial for
every such offence.
(c) If tlie acts alleged constitute an offence falling within two or
more definitions or desi rip: ions of offences in any law or laws.
318 OKDEKS IN COUNCIL
the accused may be charged with and tried at one trial for
each of such offences.
(cZ) If several acts constitute several offences, and also, when
combined, a different offence, the accused may be charged with,
and tried at one trial for, the offence constituted by such acts-
when combined, or one or more of the several offences, but in
the latter case shall not be punished with more severe punish-
ment than the Court which tries him could award for any one
of those offences.
(e) If a single act or series of acts is of such a nature that it is
doubtful which of several offences the facts which can be proved
will constitute, the accused may be charged with having com-
mitted all or any of such offences, and any number of such
charges may be tried at once; or he may be charged in the
alternative with having committed some one of the offences;
and if it appears in evidence that he has committed a different
offence for which he might have been charged, he may be
convicted of that offence, although not charged with it.
Trial of 55. When
co-defendants. ^ifferent offences morecommitted
persons than one same
in the are accused of the orsamewhen
transaction, offence
one oris
accused of committing an offence and another of abetting or attempting
to commit that offence, they may be charged and tried together or
separately, as the Court thinks fit.
charges. any 56.—(1)
Alteration of charge atAnyanyCourt, if sitting
time before with a ofjurytheorjuryassessors,
the verdict mayoralter
is returned the
opinions ot the assessors are expressed; if sitting without jury or asses-
sors, at any time before judgment is pronounced.
(2) Every such alteration shall be read and explained to the accused.
(3) If the altered charge is such that proceeding with the trial
immediately is likely, in the opinion of the Court, to prejudice the
accused or the prosecutor, the Court may either direct a new trial or
adjourn the trial for such period as may be necessary.
Errors
variances.and particulars
57.—(1)shall
No beerror or omission
regarded at anyinstage
stating
of theeither
case the offence orunless
as material, the
the accused was misled by such error or omission.
(2) When the facts alleged in certain particulars are proved and
constitute an offence, and the remaining particulars are not proved, the
accused may be convicted of the offence constituted by the facts proved,
although not charged with it.
(3) When a person is charged with an offence, and the evidence
proves either the commission of a minor offence or an attempt to commit
the offence charged, he may be convicted of the minor offence or of the
attempt.
Charge of 58.—(1) If the accused has been previously convicted of any offence,
ccavlction. the and punishment
it is intendedwhich
to prove such conviction
the Court for totheaward,
is competent purposetheoffact,
affecting
date,
and place of the previous conviction shall be stated in the charge.
(2) If such statement is omitted, the Court may add it at any time
before sentence is passed.
(3) The part of the charge stating the previous convictions shall
not be read out in Court, nor shall the accused be asked whether he has
been previously convicted, as alleged in the charge, unless and until he
has either pleaded guilty to, or been convicted of, the subsequent
offence.
(4) If he pleads guilty to, or is convicted of, the subsequent offence,
^ he shall then be asked whether he has been previously convicted, as
alleged in the charge.
H.B.M. SUBJECTS IN CHINA AND COREA 319
(5) If lie answers that he has been so previously convicted, the
•Court may proceed to pass sentence on him accordingly, but, if he denies
that he has been so previously convicted-, or refuses to, or does not,
■answer such question, the Court shall then inquire concerning such
previous conviction, and in such case (where the trial is by jury) it shall
not be necessary to swear the jurors again.
Punishments.
59. The powers of the Courts with respect to punishments are Limitation powers ol
limited as follows:—
(1) The Supreme Court may award in respect of an offence any Courts.
punishment which may in respect of a similar offence be awarded
in England: provided that (a) imprisonment with hard labour
shall be substituted for penal servitude, and (5) the Supreme
Court shall not award a fine exceeding «£500; or, in case of a
continuing offence, in addition to imprisonment or fine, or both,
a fine exceeding ^£1 for each day during which the offence
continues after conviction.
(2) A Provincial Court may award imprisonment, not exceeding
twelve months, with or without hard labour, and with or
without a fine not exceeding .£100; or a fine not exceeding
<£100, without imprisonment; or in case of a continuing offence,
in addition to imprisonment or fine, or both, a fine not
exceeding 10s. for each day during which the offence continues
after conviction.
(3) But nothing in this Article shall be deemed to empower any
Court to award for any offence any punishment not authorized
by law in relation to that offence. Offences
60. —(1) If any person is guilty of an offence against against this Orde
not distinguished as a grave offence against this Order, he is liable:—
(1) To a fine not exceeding £5, without any imprisonment; or Order. this
(ii) To imprisonment not exceeding one month, without fine; or
(iii) To imprisonment not exceeding fourteen days, with a fine not
exceeding 50s.
(2) Imprisonment under this Article is without hard labour.
61. —(1) If any person is guilty of an offence against Grave offence
against this Orde
distinguished as a grave offence against this Order, he is liable:—
(1) To a fine not exceeding £10, without imprisonment; or Order. this
(ii) To imprisonment not exceeding two months, without fine; or
(iii) To imprisonment not exceeding one month, with a fine not
exceeding £5.
(2) Imprisonment under this Article is, in the discretion of the
Court, with or without hard labour.
62. —(1) The Court may, if it thinks fit, order a person convicte
of an assault to pay to the person assaulted by way of damages any sum
not exceeding £10.
(2) Damages so ordered to be paid may be either in addition to or
in lieu of a fine, and shall be recoverable in like manner as a fine.
(3) Payment of such damages shall be a defence to an action for
the assault.
63. —(1) The Court may, if it thinks fit, order a person convicte
before it to pay all or part of the expenses of bis prosecution, or of his
imprisonment or other punishment or of both, the amount being specified
in1 the order.
(2) Where it appears to the Court that the charge is malicious, or
frivolous and vexatious, the Court may, if it thinks fit, order the
ORDERS IN COUNCIL
complainant to pay all or part of the expenses of the prosecution, the-
amount being specified in the order.
(3) In these respective cases the Court may, if it thinks fit, order
that the whole or such portion as the Court thinks fit of the expenses-
so paid be paid over to the complainant or to the accused (as the case
may be).
(4) In all cases the reasons of the Court for making any such order
shall be recorded in the Minutes.
PuuUhmentof
de th. 64. Where any
the punishment personthe
of death, is sentenced
Judge shallby forthwith
the SupremesendCourt
a reportto ofsuffer
the
sentence, with a copy of the Minutes of Proceedings and notes of evidence
in the case, and with any observations he thinks fit, to His Majesty’s-
Minister in China or Corea as the case may be.
The sentence shall not be carried into execution without the direction
of His Majesty’s Minister in writing under his hand.
If His Majesty’s Minister does not direct that the sentence of death
be carried into execution, he shall direct what punishment in lieu of the
punishment of death is to be inflicted on the person convicted, and the-
person convicted shall be liable to be so punished accordingly.
Prisons and pp 65.—(1)
punishments. The Judge of the Supreme Court may by general order,
a r0ved by the Secretary of State, prescribe the manner in which and
the prisons in China or Corea at which punishments passed by any Court
or otherwise awarded under this Order are to be carried into execution.
(2) The warrant of any Court shall be sufficient authority to any
person to whom it is directed to receive and detain the person therein
named in any prison so prescribed.
(3) For the purposes of this Article “ China ” includes places within
the limits of the Weihaiwei Order in Council, 1901.
Imprisonment 66.—(1) Where an offender is sentenced to imprisonment, and the
Majesty'
dominions.s within
SupremeHisCourt thinks dominions,
Majesty’s it expedientand
thatthe
theoffender
sentenceisbeaccordingly,
carried intounder
effect
Section 7 of the Foreign Jurisdiction Act, 1890, sent for imprisonment to-
a place in His Majesty’s dominions, the place shall be either Hongkong,
or a place in some other part of His Majesty’s dominions, the Govern-
ment whereof consents that offenders may be sent thither under this Article.
(2) The Supreme Court may, by warrant under the hand of a Judge
and the seal of the Court, cause the offender to be sent to Hongkong, or
other such place as aforesaid, in order that the sentence may be there
carried into effect accordingly.
(3) The warrant shall be sufficient authority to any person to whom
it is directed to receive and detain the person therein named, and to
carry him to and deliver him up at the place named, according to the
warrant.
Mitigation
pmnahmeots.of r0p0r67.—(1) A Judge ofofState
t to the Secretary the Supreme Court may,
or to the Minister if heorthinks
in China in Corea fit,
r
as the case may be, recommending a mitigation or remission of any
punishment awarded by any Court, and thereupon the punishment may
be mitigated or remitted by the Secretary of State or Minister.
(2) Nothing in this Order shall affect His Majesty’s prerogative of
pardon.
Inquests.
inquests. 68.—(1) The Court shall have and discharge all the powers and
duties appertaining to the office of Coroner in England, in relation to-
deaths of British subjects happening in the district of the Court.
(2) The Court may also exercise the said powers in relation to
deaths of any pers( ns having happened at sea on board British ships
H.B.M. SUBJECTS IN CHINA AND COKEA 321
x irriving in the district, and to deaths of British subjects having hap-
►ened at sea on board foreign ships so arriving.
(3) The jurisdiction of the Court under this Article shall be
(iercised subject to the following provisions:—-
(a) Where a British subject is charged with causing the death, the
Court may, without holding an inquest, proceed forthwith with
the preliminary examination.
(b) Where a British subject is not charged with causing the death,
the Court shall, without any jury, hold an inquest, taking the
depositions of those who know the facts. If, during or after
the inquest, a British subject is so charged, the depositions
shall be read over in the presence of the witnesses and of the
accused, who shall be entitled to cross-examine each witness,
and the procedure shall be as in other cases of preliminary
examination. If after the inquest the Court does not see fit to
cause any person to be charged, the Court shall certify its
opinion of the cause of the death. When the inquest is held
by a Provincial Court, the certificate and the depositions shall
be sent forthwith to the Supreme Court, and that Court may
give any directions which may seem proper in the circumstances.
i , (4) In this Article the expression “the Court” includes the Registrar
I; of the Supreme Court.
Sialutory or other Offences.
(69. Any act which, if done in the United Kingdom, or in a British ,rade Patents and
possession, would be an offence against any of the following Statutes of -mark8
the Imperial Parliament or Orders in Council, that is to say :—-
The Merchandize Marks Act, 1887;
The Patents, Designs and Trade-marks Act, 1883 to 1888;
Any Act, Statute, or Order in Council for the time being in force
relating to copyright, or to inventions, designs, or trade-marks;
Any Statute amending, or substituted for, any of the above-men-
tioned Statutes;
Shall, if done by a British subject in China or Corea, be punishable
i as a grave offence against this Order, whether such act is done in
relation to any property or right of a British subject, or of a foreigner
©r native, or otherwise howsoever;
Provided—
(1) That a copy of any such Statute or Order in Council shall be
published in the public office of the Consulates at Shanghai
and Seoul, and shall be there open for inspection by any person
at all reasonable times; and a person shall not be punished
under this Article for anything done before the expiration of
one month after such publication, unless the person offending
is proved to have had express notice of the Statute or Order in
Council.
(2) That a prosecution by or on behalf of a prosecutor who is not a
British subject shall not be entertained unless the Court is
satisfied that effectual provision exists for the punishment in
Consular or other Courts in China or Corea of similar acts
committed by the subjects of the State or Power of which such
prosecutor is a subject, in relation to, or affecting the interests
of, British subjects.
70.—(1) If a British subject— SmuRffling.
(i) Smuggles, or attempts to smuggle, out of China or Corea any
goods on exportation whereof a duty is payable to the Chinese
or Corean Government;
11
322 ORDERS IN COUNCIL
(ii) Imports or exports, or attempts to import or export, into or ou
of China or Corea, any goods, intending and attempting t<
evade payment of duty payable thereon to the Chinese o?
Corean Government;
(iii) Imports or exports, or attempts to import or export, into o';
out of China or Corea any goods the importation or exportation
whereof, into or out of China or Corea, is prohibited by law; :
(iv) Without a proper licence, sells, or attempts to sell, or offers
for sale, in China or Corea, any goods whereof the Chinese on
Corean Government has by law a monopoly ;
In each of the four cases aforesaid he shall be guilty of an offenc<;
against this Order, and on conviction shall be liable to imprisonment;
with or without hard labour, for any term not exceeding six months, and
with or without a fine not exceeding 4J100, or to a fine not exceeding
.£100 without imprisonment.
(2) Where a person is charged with such an offence as in this
Article is mentioned, the Court may seize the goods in relation to which
the alleged offence was committed, and may hold the same until aftes
the hearing of the charge.
(3) If a person so charged is convicted, then those goods, whether
they have been so seized or not, shall be forfeited to His Majesty the
King, and the Court shall dispose of them, subject to any general or
special directions of the Secretary of State as the Court thinks fit.
Levying
war, etc. proof71.—(1)
whereof Ifshall
anylieBritish
on the subject, withoutdoes
party accused, His any
Majesty’s
of the authority,
following
things, that is to say :—
(a) Levies war or takes any part in any operation of war against,;
or aids or abets any person in carrying on war, insurrection, or;;
rebellion against the Government of China or of Corea; or, ,
(b) Takes part in any operation of war in the service of the Govern-:
ment of China or of Corea against any persons engaged in!
carrying on war, insurrection, or rebellion against those!
respective Governments he shall be guilty of an ofience against;
this Order, and, on conviction thereof, shall be liable to im-;
prisonment, with or without hard labour, for any term not,
exceeding two years, and with or without a fine not exceeding!
.£500, or to a fine not exceeding £500 without imprisonment, j
(2) In addition to any such punishment every conviction under i
the provisions of this Article shall of itself, and without further proceed-!
ings, make the person convicted liable to deportation, and the Court may
order him to be deported from China or Corea in manner provided by;
this Order.
(3) Where a person accused of an offence against this Article is!
brought before a Provincial Court, that Court shall repo it the case to!
the Supreme Court, and the Supreme Court shall thereupon direct!;
in what mode and where the case shall be heard and determined, and the
case shall be heard and determined accordingly.
Piracy 72. Any British subject being in China or Corea may be proceeded:
against, tried, and punished under this Order for piracy wherever':
committed.
If a person accused of piracy is brought before a Provincial Court, ,
that Court shall report the case to the Supreme Court, and the Supreme-!:
Court shall thereupon give such directions as it may think fit with i
respect to the trial.
violation of observe
Treaties. 73. Ifanyanystipulation
British, subject
of anyin Treaty
China orbetween
in Corea
His violates
Majesty,orhis
failspre-
to
decessors, heirs, or successors, and the Emperor of China or of Corea :
H.B.M. SUBJECTS IN CHINA AND COREA 323
flfor the time being in force, in respect of the violation whereof any
a penalty is stipulated for in the Treaty, he shall be deemed guilty of an
I offence against the Treaty, and on conviction thereof under this Order
I shall be liable to the penalty stipulated in the Treaty. International
74. —(1) Where, by agreement among the Diplomatic or Consu
| representatives in China and Corea of foreign States, or some of them, in Regulations.
conjunction with the Chinese or Corean authorities, Sanitary, or Police,
or Port, or Game, or other Regulations are established, and the same,
i as far as they affect British subjects, are approved by the Secretary
f of State, the Court may, subject and according to the provisions of this
Order, entertain any complaint made against a British subject for a
breach of those Regulations, and may enforce payment of any fine
incurred by that subject or person in respect of that breach, in like
manner, as nearly as may be, as if that breach were by this Order
declared to be an offence against this Order.
(2) Tn any such case the fine recovered shall, notwithstanding any-
thing in this Order, be disposed of and applied in manner provided by
those Regulations.
75. Every person subject to the criminal jurisdiction of the Court Seditious
who prints, publishes, or offers for sale any printed or written newspaper conduct.
or other publication containing matter calculated to excite tumult or
disorder, or to excite enmity between His Majesty’s subjects, and the
Government of China or Corea, as the case may be, or between that
Government and its subjects, shall be guilty of a grave offence against
this Order, and may, in addition to, or in lieu of, any other punishment, he
ordered to give security for good behaviour, and in default thereof, or on a
further conviction for the like offence, he may be ordered to be deported.
An offence agiinst this Article shall not be tried except by thei
Supreme Court. Offences
76. —(1) if a British subject—
(1) Publicly derides, mocks, or insults any religion established or religions.
observed within China or Corea ; or
I (ii) Publicly offers insult to any religious service, feast, or ceremony
established or kept in any part of those dominions, or to any
place of worship, tomb, or sanctuary belonging to any religion
established or observed within those dominions, or to the
ministers or professors thereof; or
(iii) Publicly and wilfully commits any act tending to bring any
religion established or observed within those dominions, or its
ceremonies, mode of worship, or observances, into hatred,
ridicule, or contempt, and thereby to provoke a breach of the
public peace;
he shall be guilty of an offence, and on conviction thereof, liable to
imprisonment not exceeding two years, with or without hard labour, and
with or without a fine not exceeding =£50, or to a fine alone not exceed-
ing ^£50.
(2) Notwithstanding anything in this Order, every charge under
this Article shall be heard and determined by the Court alone, without
jury or assessors, and any Provincial Court shall have power to impose
the punishment aforesaid.
(3) Consular officers shall take such precautionary measures as
seem to them proper and expedient for the prevention of such offences. Conten pt of
77. —(1) If any person, subject to the criminal jurisdiction of
Court, does any of the following things, namely:—
(a) Wilfully, by act or threat, obstructs an officer of, or person
executing any process of, the Court in the performance of his
dutyj or
11*
324 OKDERS IN COUNCIL
(b) Within or close to the room or place where the Court is sitting
wilfully misbehaves in a violent, threatening, or disrespectful
manner, to the disturbance of the Court, or to the intimidat„on
of suitors or others resorting thereto; or
(c) Wilfully insults any member of the Court, or any assessor or
juror, or any person acting as clerk or officer of the Court,
during his sitting or attendance in Court, or in his going to or
returning from Court; or
(d) Does any act in relation to the Supreme Court or a Provincial
Court or a matter pending therein, which, if done in relation to
the High Court in England, would be punishable as a con-
tempt of that Court—
he shall be guilty of a grave offence against this Order;
Provided that the Court, if it thinks tit, instead of directing proceed-
ings as for an offence against this Order, may order the offender to be
apprehended forthwith, with or without warrant, and on inquiry and
consideration, and after the hearing of any defence which such person
may offer, without further process or trial, may adjudge him to be
punished with a fine not exceeding .£10, or with imprisonment not ex-
ceeding twenty-four hours, at the discretion of the Court.
(2) A Minute shall be made and kept of every such case of punish-
ment, recording the facts of the offence, and the extent of the punish-
ment. In the case of a Provincial Court, a copy of the Minute shall be
forthwith sent to the Supreme Court.
(3) Nothing herein shall interfere with the power of the Court to
remove or exclude persons who interrupt or obstruct the proceedings of
the Court.
Negligence 78.
officers. of by neglect —(1) If an officer of
or omission the opportunity of executing it, then, on complaint
of the person aggrieved, and proof of the fact alleged, the Court may, if
it thinks fit, order the officer to pay the damages sustained by the person
complaining, or part thereof.
(2) The order shall be enforced as an order directirg paynent of
money.
Extortion. the process or authority of the—(1)
79. If a clerk or of
Court, is charged with extortion, or with
not paying over money duly levied, or with other misconduct, the Court,
if it thinks fit, may inquire into the charge in a summary way, and may
for that purpose summon and enforce the attendance of all necessary
persons, as in an action, and may make such order for the repayment of
any money extorted, or for the payment over of any money levied, and
for the payment of such damages and costs, as the Court thinks fit.
(2) The Court may also, if it thinks fit, on the same inquiry, impose
on the clerk or officer such fine, not exceeding £5 for each offence, as the
Court thinks fit.
(3) A clerk or officer against whom an order has been made or who
has been acquitted under this Article shall not be liable to an action in
respeet of the same matter; and any such action, if begun, shall be stayed
l^y the Court in such mamier and on such terms as the Court thinks fit.
Authority within 100 miles of Coast.
80. —(1) Where a Briti
charged with having committed, either before or after the commencemeat
of this Order, any offence within a British ship at a distance of not more
than 100 miles from the coast of China, or within a Chinese or Corean
ship at such a distance as aforesaid, or within a ship not lawfully entitled
to claim the'protection of the flag of any State, at such a distance as
H.B.M. SUBJECTS IN CHINA AND COREA 325
jaforesaid, any of His Majesty’s Courts in China or Corea within the
nurisdiction whereof he is found may cause him to be apprehended and
[brought before it, and may take the preliminary examination and commit
him for trial.
(2) If the Court before which the accused is brought is a Provincial
Court, the Court shall report to the Supreme Court the pendency of the
ease.
The Supreme Court shall thereupon direct in what mode and where
the case shall be heard and determined, and (notwithstanding anything
in this Order) the case shall be so heard and determined accordingly.
I (3) The provisions of this Order relative to offences, and proceedings
in criminal matters, shall in all respects, as far as may be, extend and
apply to every such case, in like manner as if the offence had been com-
mitted in China or Corea.
[ 81. Where a British subject, being in Hongkong, is charged with jurisdiction o
having committed, either before or after the commencement of this court™*
Order, any crime or offence within any British, Chinese, or Corean ship Hongkong,
at such a distance as aforesaid, the Supreme Court at Hongkong shall
have and may exercise authority and jurisdiction with respect to the
■crime or offence as fully as if it had been committed in Hongkong.
82. His Majesty’s Minister in China or Corea, any Judge of the Apprehension
Supreme Court, any Consular officer in China or Corea, or the Governor of eserter®‘
of Hongkong, on receiving satisfactory information that any soldier,
sailor, marine, or other person belonging to any of His Majesty’s military
or naval forces, has deserted therefrom, and has concealed himself in any
British ship at such a distance as aforesaid, may, in pursuance of such
information, issue his warrant for a search after and apprehension of
such deserter, and on being satisfied on investigation that any person so
apprehended is such a deserter, shall cause him to be, with all convenient
speed, taken and delivered over to the nearest military station of His
Majesty’s forces, or to the officer in command of a ship of war of His
Majesty serving in China or Corea, as the case may require.
Deportation.
83. —(1) Where it is proved that there is reasonable ground
apprehend that a British subject is about to commit a breach of the
public peace—or that the acts or conduct of a British subject are or is
likely to produce or excite to a breach of the public peace—the Court
may, if it thinks fit, cause him to be brought before it, and require him
to give security to the satisfaction of the Court to keep the peace, or for
his future good behaviour, as the case may require.
(2) Where a British subject is convicted of an offence before the
■Court, the Court may, if it thinks fit, require him to give security to the
satisfaction of the Court for bis future good behaviour, and for that
purpose may (if need be) cause him to be brought before the Court.
(3) In either of the foregoing cases, if the person required to give
security fails to do so, the Court may order that he be deported from
China or Corea to such place as the Court directs.
(4) The place shall be a place in some part (if any) of His Majesty’s
•dominions to which the person belongs, or the Government of which
■consents to the reception of persons deported under this Order.
(5) A Provincial Court shall report to the Supreme Court any order
of deportation made by it and the grounds thereof, before the order is
•executed. The Supreme Court may reverse the order, or may confirm it ;
with or without variation, and in case of confirmation, shall direct it to
be carried into effect.
ORDERS EST COUNCIL
(6) The person to be deported shall be detained in custody until a
fit opportunity for his deportation occurs.
(7) He shall, as soon as is practicable, and in the case of a person
convicted, either after execution of the sentence or while it is in course of
execution, be embarked in custody under the warrant of the Supreme Court
on board one of His Majesty’s ships of war, or, if there is no such ship
available, then on board any British or other fit ship bound to the place
Of deportation.
(8) The warrant shall be sufficient authority to the commander or
master of the ship to receive and detain the person therein named, and
to carry him to and deliver him up at the place named according to the
warrant.
(9) The Court may order the person to be deported to pay all or
any part of the expenses of his deportation. Subject thereto, the
expenses of deportation shall be defrayed in such manner as the Secretary
of State, with the concurrence of the Treasury, may direct.
(10) The Supreme Court shall forthwith report to the Secretary of
State any order of deportation made or confirmed by it and the grounds
thereof, and shall also inform His Majesty’s Minister in China or Corea
as the case may require.
(11) If any person deported under this or any former Order returns
to China or Corea without permission in writing of the Secretary of
State (which permission the Secretary of State may give) he shall be
deemed guilty of a grave offence against this Order; and he shall also be
Dealing with liable to be forthwith again deported.
deported 84. Where any person is deported to Hongkong, he shall on his
Hongkong. arrival there be delivered, with the warrant under which he is deported,
into the custody of the Chief Magistrate of Police of Hongkong, who, on
receipt of the person deported, with the warrant, shall detain him and
shall forthwith report the case to the G-overnor of Hongkong, who shall
either by warrant (if the circumstances of the case appear to him to
make it expedient) cause the person so deported to be taken to England,
and in the meantime to be detained in custody (so that the period of
such detention do not exceed three months), or else shall discharge him
from custody.
Appeal and Reserved Case.
Appeal andcase,
reserved 85. —(1) Where a perso
Court—
(а) If he considers the conviction erroneous in law, then, on his
application, within the prescribed time (unless it appears
merely frivolous, when it may be refused); or
(б) If the Judge thinks fit to reserve for consideration of the full
Supreme Court any question of law arising on the trial;
the Judge shall state a case, setting out the facts and the grounds of the
conviction, and the question of law, and send or deliver it to the
Registrar of the Supreme Court.
Procedure
case stated. 86. —(1) Where a case
the Court, before whom the trial was had, shall, as it thinks fit, either
postpone judgment on the conviction, or respite execution of the judg-
ment, and either commit the person convicted to prison, or take security
for him to appear and receive judgment, or to deliver himself for
execution of the judgment (as the case may require) at an appointed
time and place.
(2) The full Supreme Court, sitting without a jury or assessors,
shall hear and determine the matter, and thereupon shall reverse, affirm,
or amend the judgment given, or set it aside, and order an entry to be
H.B.M. SUBJECTS IN CHINA AND COKE A 327
J ti made in the Minutes that in the judgment of the Supreme Court the
id person ought not to have been convicted, or order judgment to be given
at a subsequent sitting of the Provincial Court, or order a new trial, or
Bn make such other order as the Supreme Court thinks just, and shall also
" give all necessary and proper consequential directions.
(3) The judgment of the full Court shall be delivered in open
Court, after the public hearing of any argument offered on behalf of the
® prosecutor or of the person convicted.
(4) Before delivering judgment, the full Court may, if necessary,
sj -cause the case to be amended by the Provincial Court.
(5) The full Court shall not annul a conviction or sentence, or vary
•a sentence, or order a new trial on the ground—
(a) Of any objection which, if stated during the trial, might, in the
opinion of the Supreme Court, have been properly met by
amendment at the trial; or
(b) Of any error in the summoning of assessors; or
(c) Of any person having served as assessor who was not qualified; or
» (d) Of any objection to any person as assessor which might have
been raised before or at the trial; or
■( e) Of any informality in the swearing of any witness ; or
if) Of any error or omission in the charge, or any informality in
B procedure which, in the opinion of the Supreme Court, did not
affect the substance of the case or subject the convicted person
to any undue prejudice.
87. There shall be no appeal in a criminal case to His Majesty the Privy Council#
King in Council from a decision of the Supreme Court, except by special
leave of His Majesty in Council.
Fugitive Offenders.
Fugitive
88. The Fugitive Offenders Act, 1881, and the Colonial Prisoners offenders.
Kemoval Act, 1884, shall apply to China and Corea, as if those places
| were a British possession and part of His Majesty’s dominions.
Subject as follows :—
(a) His Majesty’s Minister in China or Corea, as the case may
require, is hereby substituted for the Governor or Government
of a British possession; and
•(b) The Supreme Court is hereby substituted for a Superior Court
of a British possession.
■(c) The Supreme Court and each Provincial Court is substituted
for a Magistrate of any part of His Majesty’s dominions.
iff) For the purposes of Part II. of the said Act of 1881, and of this
Article in relation thereto, China, Corea, Weihaiwei and Hong-
kong shall be deemed to be one group of British possessions.
IV.—Civil Matters.
89. Subject to the provisions of this Order, the civil jurisdiction of General
•every Court acting under this Order shall, as far as circumstances admit, provision
be exercised on the principles of, and in conformity with, English law for tojurisdiction.
civil
the time being in force.
Procedure.
90.—(1) Every civil proceeding in the Court shall be taken by Allingsproceed-
to be by
Action, and not otherwise, and shall be designated an action.
(2) For the purposes of any statutory enactment or other provision
•applicable under this Order to any civil proceeding in the Court, an
328 ORDERS IN COUNCIL
action under this Order shall comprise and be equivalent to a suit, cause,, j
or petition, or to any civil proceeding, howsoever required by any such i
enactment or provision to be instituted or carried on.
Commence-
ment of 91. —(1) Every action
Court, on the application of the plaintiff, and served on the defendant (in
this Order referred to as an original summons) ; but notwithstanding
this provision, proceedings may be taken in and applications may be
made to the Court in particular classes of cases, in such manner as may l
be prescribed by Eules of Court, or, where such manner is not so pre- j
scribed, in such manner as like proceedings and applications are taken j
and made in England.
Trial by jury
inCourt.
Supreme 92. —(1) Subject to th
Supreme Court which involves the amount or value of <£150 or upwards-
shall, on the demand of either party in writing, filed in the Court seven I
days before the day appointed for the hearing, be heard with a jury.
(2) Any other suit may, on the suggestion of any party, at any j
stage, be heard with a jury, if the Court thinks fit.
(3) Any suit may be heard with a jury if the Court, of its own '
motion, at any stage, thinks fit.
98.—(1) The Supreme Court may, if it thinks fit, hear any action |
with assessors.
(2) A Provincial Court shall (subject to the provisions of this- ;
Order) hear with assessors every action which involves the amount or
value of .£150 or upwards.
(3) Ln all other cases a Provincial Court may, as it thinks fit, bear ]
the action either with or without assessors.
Special case. 94. —(1) After the iss
of that Court may be given upon a special case submitted to the Court ;
by the parties.
(2) Any decision of a Provincial Court may be given subject to a !
case to be stated by, or under the direction of, that Court for the opinion ‘
or direction of the Supreme Court. I
Costs. 95. Subject to the provisions of this Order and the Eules of Court,. |
the costs of and incident to all proceedings in the Court shall be in the
discretion of the Court, provided that if the action is tried with a jury j
the costs shall follow the event, unless the Court shall for good cause- ;
(to be entered in the Minutes) otherwise order.
Arbitration.
Arbitration. 96. —(1) Any agreement
between British subjects and foreigners to submit present or future-
differences to arbitration, whether an Arbitrator is named therein or
not, may be filed in the Court by any party thereto, and, unless a con-
trary intention is expressed therein, shall be irrevocable, and shall have
the same effect as an order of the Court.
(2) Every such agreement is in this Order referred to as a submission.
(3) If any action is commenced in respect of any matter covered by
a submission, the Court, on the application of any party to the action,
may by order stay the action.
Referenceto of
actions 97. —-(1) In any action—
special (а) If all parties consent, or
(б) If the matters in dispute consist wholly or partly of matters of
account, or require for their determination prolonged examina-
tion of documents or any scientific or local examination:
the Court may at any time refer the whole action, or any question or
..te issue arising therein, for inquiry and report, to the Eegistrar or any
8|>ecial Eeferee.
H.B.M. SUBJECTS IN CHINA AND COEEA 339
(2) The report of the Eegistrar or special Referee may be adopted
wholly or partially by the Court, and if so adopted may be enforced as a
adjudgment of the Court.
(3) The Court may also in any case, with the consent of both parties
s fto an action, or of any parties between whom any questions in the action
IKarise (such consent being signified by a submission) refer the action or
elthe portions referred to in the submission to arbitration, in such man-
Mner and upon such terms as it shall think reasonable or just.
(4) In all cases of reference to a Registrar, special Referee, or
i i Arbitrator, under any order of the Court, the Registrar, special Referee,
| or Arbitrator shall be deemed to be an officer of the Court, and shall
jflhave such powers and authority, and shall conduct the reference or
7| arbitration in such manner as may be prescribed by any Rules of Court,
rrj and subject thereto as the Court may direct.
F 98. Subject to Rules of Court, the Court shall have authority to Enforcement
aj enforce any submission, or any award made thereunder, and to control °r award.8'0"
‘ and regulate the proceedings before and after the award, in such manner
and on such terms as the Court thinks fit.
Bankruptcy.
99. Each Court shall, as far as circumstances admit, have, for and Bankruptcy,
within its own district, with respect to the following classes of persons
being either resident in China or Corea, or carrying on business there,
namely, resident British subjects and their debtors and creditors, being
British subjects, or foreigners submitting to the jurisdiction of the
Court, all such jurisdiction in bankruptcy as for the time being belongs
to the High Court and the County Courts in England.
Admiralty.
100.—(1) The Supreme Court shall have Admiralty jurisdiction
for and within the limits of this Order, and over vessels and persons
coming within the same.
(2) The following enactments of the Colonial Courts of Admiralty
Act, 1890, that is to say, Section 2, Sub-sections (2) to (4); Sections 5 and
6; Section 16, Sub-section (3); shall apply to the Supreme Court as if
that Court were a Colonial Court of Admiralty, and as if China and
Corea were a British possession; and for the purpose of this application
the expressions “judgment” and “appeal” shall in the enactments so
applied have the same respective meanings as are assigned thereto in
Section 15 of the said Act.
Matrimonial.
101. The Supreme Court shall, as far as circumstances admit, have Matrimonial
for and within China and Corea, with respect to British subjects, all iunsdictl0,i
such jurisdiction in matrimonial causes except the jurisditcion relative
to dissolution or nullity or jactitation of marriage, as for the time being
belongs to the High Court in England.
Lunacy.
102. —(1) The Supreme Court shall, as far as circumstances admi
have for and within China and Corea, in relation to British subjects, all lurisdlction-
such jurisdiction relative to the custody and management of the persons
and estates of lunatics, as for the time being belongs to the Lord Chan-
cellor or other Judge or Judges in England intrusted by virtue of His
Majesty’s sign manual with the care and commitment of the custody of
the persons and estates of lunatics, and also such jurisdiction as may be
ORDERS IN COUNCIL
exercised in England by a judicial authority under the provisions of the
Lunacy Act, 1890, or any Act amending the same.
(2) A Provincial Court shall, as far as circumstances permit, have
in relation to British subjects, such jurisdiction relative to the custody
and management of the persons and estates of lunatics as for the time
being may be prescribed by Rules of Court, and until sucli Rules are
made, and so far as such Rules do not apply, as may be exercised in
England by a judicial authority and by the Masters in Lunacy under the
provisions of the Lunacy Act, 1890, or any Act amending the same.
(3) In any such case the Provincial Court may, of its own motion,:
or on the application of any person interested, take or authorise such
steps as to the Court may seem necessary or expedient for the person and
property of any person appearing to the Court to be a lunatic, and may
from time to time revoke, or vary, or supplement any order or proceeding
taken in the matter.
(4) Subject to the provisions of this Article and to any Rules of
Court, a Provincial Court shall not proceed in any such matter except
under and according to the directions of the Supreme Court.
(5) Sections 5 to 7 of the Lunatics Removal (India) Act, 1851 (14'
and 15 Viet., cap. 81), shall apply to China and Corea, with the sub-
stitution of “the Supreme Court” for “the Supreme Court of Judicature
at any of the Presidencies of India.” Provided that the jurisdiction of
the Supreme Court under those sections may be exercised in and for
Corea by the Provincial Court at Seoul.
Probate and Administration.
Beal property
topersonal;
devolve as 103. All real or immovable property situate in China or Corea, and
belonging at the time of his death to any British subject dying after the
estate. commencement of this Order, shall be deemed to be personal estate, and
the devolution thereof, in case of intestacy, shall be regulated according
to the law of England for the time being relating to personal estate.
Jurisdiction
of Courts. 104. —(1) The Supr
have, for and within China and Corea, with respect to the wills and the
property in China and Corea of deceased British subjects, all such
jurisdiction as for the time being belongs to the High Court in England.
(2) A Provincial Court shall have power to grant probate or letters
of administration where there is no contention respecting the right to
the grant.
(3) Probate or administration granted by a Court under this Order
shall have effect over all the property of the deceased within China or
Corea, and shall effectually discharge persons dealing with an executor or
administrator thereunder, notwithstanding that any defect afterwards
appears in the grant.
Bnactment
applied. 105. Section 51 of the Conveyancing (Scotland) Act, 1874, and any
enactment for the time being in force amending or substituted for the
same, are hereby extended to China and Corea with the adaptation follow-
ing, namely:—
The Supreme Court is hereby substituted for a Court of Probate in
Sealing of a Colony.
British 106. —(1) Where a
Colonialor&c.
probate, any British Possession to which the Colonial Probates Act, 1892, for the
time being extends, has granted probate or letters of administration or
confirmation in respect of the estate of a deceased person, the probate
letters or confirmation so granted may, on being produced to, and a
copy thereof deposited with, the Supreme Court, be sealed with the seal
of that Court, and thereupon shall be of the like force and effect and
have the same operation as if granted by that Court.
H.B.M. SUBJECTS IN CHINA AND COREA 331
(2) Provided that the Supreme Court shall, before sealing any
'probate letters or confirmation under this section, be satisfied either
iKithat all probate or estate duty has been paid in respect of so much of
(ithe estate, situated in China or Corea as is liable to such duty, or that
J«j security has been given in a sum sufficient to cover the property (if any)
in China or Corea, and may require such evidence, if any, as it thinks
fit as to the domicile of the deceased person.
(3) The Supreme Court may, also, if it thinks fit, on the applica-
te tion of any creditor, require before sealing that adequate security be
1v given for the payment of debts due from the estate to creditors residing
J in China or Corea.
(4) For the purposes of this Article, a duplicate of any probate,
it letters of administration, or confirmation sealed with the seal of the
o Court granting the same, or a copy thereof certified as correct by or
I under the authority of the Court granting the same, shall have the same
effect as the original.
107.—(1) Where a British subject dies in China or Corea, or else- Custody otof
where, intestate, then, until administration is granted, his property in property
intestate.
China or Corea shall be vested in the Judge of the Supreme Court.
I (2) The Court within whose jurisdiction any property of the de-
ceased is situated shall, where the circumstances of the case appear to the
Court so to require, forthwith on his death, or as soon after as may be,
take possession of his property within the particular jurisdiction, or put
any such property under the seal of the Court (in either case if the
nature of the property or other circumstances so require, making an
inventory), and so keep it until it can be dealt with according to law.
108. If any person named executor in the will of the deceased takes Kxecutor
possession of and administers or otherwise deals with any part of the failing to
property of the deceased, and does not obtain probate within one month probate.
after the death, or after the termination of any suit or dispute respect-
ing probate or administration, he shall be guilty of an offence and shall
be liable to a fine not exceeding .£50.
109. If any person, other than the person named administrator or an estate without
■ executor or an officer of the Court, tabes possession of and administers Administering
or otherwise deals with any part of the property of a deceased British authority.
subject, whether resident or not, he shall be deemed guilty of a contempt
of Court, and shall be liable to a fine not exceeding £50.
110. Where a person appointed executor in a will survives the Death orof
testator, but either dies without having taken probate, or, having been failure
called on by the Court to take probate, does not appear, his right in re- executor.
i spect of the executorship wholly ceases: and without further renuncia-
tion the representation to the testator and administration of his pro-
j perty shall go and may be committed as if that person had not been
appointed executor.
111.—(1) Where a British subject dies in China or Corea, any papers to be
other such subject having in his possession, or under his control, any Testamentary
paper or writing of the deceased, being, or purporting to be testament- deposited in
ary, shall forthwith bring the original to the Court within whose parti- Court.
cular jurisdiction the death happens, and deposit it there.
If any person fails to do so for fourteen days after* having knowledge
of tire death of the deceased, he shall be guilty of an offence and liable
to a fine not exceeding £50.
(2) Where it is proved that any paper of the deceased, being or
purporting to be testamentary, is in the possession or under the control
of a British subject, the Court may, whether a suit or proceeding
respecting probate or administration is pending or not, order him to
produce the paper and bring it into Court.
332 ORDERS IN COUNCIL
(3) Where it appears to the Court that there are reasonable grounds
for believing that any person has knowledge of any paper being, or
purporting to be, testamentary (although it is not shown that the paper
is in his possession or under his control), the Court may, whether a suit
or proceeding for probate or administration is pending or not, order
that he.be examined respecting it before the Court or elsewhere, and
that he do attend for that purpose, and after examination oi’der that
he do produce the paper and deposit it in Court.
Administra- or es112. Where
a it appears to the Court that the value of the property
estates.8™*1' ^ateany°fprobate
without deceased person
or letters doesnistration,
of admi not exceed £50,formal
or other the Court may,
proceeding,
pay thereout any debts or charges, and pay, remit, or deliver any surplus
to such persons, subject to such conditions (if any) as the Court thinks
proper, and shall not be liable to any action, suit, or proceedings in
respect of anything done under this Article. Provided that a Provincial
Court shall not exercise the powers of this Article except with the
approval of the Supreme Court. Every proceeding of the Court under
this Article shall be recorded in the Minutes.
Appeals and Uehearings.
Appeal
Supremeto 113. —(1) Where an
for value of £25 or upwards, any party aggrieved by any decision of that
Court, with or without assessors, in the action shall have the right to
appeal to the Supreme Court against the same, on such terms and
conditions as may be prescribed by Rules of Court.
(2) In any other case, the Provincial Court may, if it seems just and
expedient, give leave to appeal on like terms.
(3) In any case the Supreme Court may give leave to appeal on
such terms as seem just.
Rehearing
Supreme in 114. —(1) The Supre
of any party or of its own motion, order a rehearing of an action, or of an
appeal, or of any arguments on a verdict or on any other question of
law.
(2) The provisions of this Order respecting a hearing with a jury
or assessors shall extend to a rehearing of an action.
(3) The Supreme Court may, if it thinks fit, direct any rehearing to
be before the full Court.
(4) If the party applying for a rehearing has by any order been
ordered to pay money or do any other thing, the Court may direct either
that the order be carried into execution, or that the execution thereof be
suspended pending the rehearing, as it thinks fit.
(5) If the Court directs the order to be carried into execution, the
party in whose favour it is given shall before the execution give security
to the satisfaction of the Court for the performance of such order as
shall be made on the rehearing.
(6) If the Court directs the execution of the order to be suspended,
the party against whom it is given shall, before an order for suspension
is given, give security to the satisfaction of the Judge for performance of
such order as shall be made on the rehearing.
(7) An application for a rehearing shall be made within the pre-
scribed time.
Appeals to His Majesty in Council.
Appeal to
Privy Council, made115.—(1)
in a civil Where
action ainvolves
final judgment
the amountor oroi’der
valueofofthe=£500
Supreme Court
or upwards,
any party aggrieved thereby may, within the prescribed time, or, if no
H.B.M. SUBJECTS IN CHINA AND COREA 333
ftime is prescribed, within fifteen days after the same is made or given,
apply by motion to the Supreme Court for leave to appeal to His Majesty
the King in Council.
(2) The applicant shall give security to the satisfaction of the Court
s |to an amount not exceeding =£500 for prosecution of the appeal, and for
aisuch costs in the event of the dismissal of the appeal for want of pro-
Isecution as the Supreme Court may award, and for payment of all such
icosts as may be awarded to any respondent by His Majesty in Council,
or by the Lords of the Judicial Committee of His Majesty’s Privy
Council.
(3) He shall also pay into the Supreme Court a sum estimated by
that Court to be the amount of the expense of the making up and trans-
mission to England of the transcript of the record.
(4) If security and payment are so given and made within two
months from the filing of the motion-paper for leave to appeal, then, and
not otherwise, the Supreme Court shall give leave to appeal, and the
appellant shall be at liberty to prefer and prosecute his appeal to His
Majesty in Council according to the rules for the time being in force
respecting appeals to His Majesty in Council from his Colonies, or such
other rules as His Majesty in Council from time to time thinks
fit to make concerning appeals from the Supreme Court.
(5) In any case the Supreme Court, if it considers it just or expedient
to do so, may give leave to appeal on the terms and in the manner
aforesaid.
116. —(1) Where leave to appeal to His Majesty Executionin Counc
applied for by a person ordered to pay money or do any other act, the pending
Supreme Court shall direct either that the order appealed from be carried
into execution, or that the execution thereof be suspended pending the
appeal, as the Court thinks just.
(2) If the Court directs the order to be carried into execution, the
person in whose favour it is made shall, before the execution of it, give
security to the satisfaction of the Court for performance of such order
as His Majesty in Council may think fit to make.
(3) If the Court directs the execution of the order to be suspended
the party against whom it is given shall, before an order for suspension
is made, give security to the satisfaction of the Court for performance of
such order as His Majesty in Council may think fit to make.
117. This Order shall not affect the right of His Majesty in Council Appeal leave.
by
at any time, on the humble petition of a person aggrieved by a decision special
of the Supreme Court, to admit his appeal thereon on such terms and in
such manner as His Majesty in Council may think fit, and to deal with
the decision appealed from in such manner as may be j ust.
V.—Procedure, Criminal and Civil.
118. —(1) In every case, civil or criminal. Minutes of the proceedi
shall be drawn up, and shall be signed by the Judge before whom the Prooeedmiis-
proceedings are taken, and shall, where the trial is held with assessors,
be open for their inspection and for their signature if concurred in by
them.
(2) These Minutes, with the depositions of witnesses, and the notes
of evidence taken at the hearing or trial by the J udge, shall be preserved
in the public office of the Court.
119. The Judge of the Supreme Court may make Rules of Court— 0ourfc Rules of
(a) For regulating the pleading practice and procedure in the Courts ’
established under this Order with respect to all matters within
the jurisdiction of the respective Courts;
ORDERS IN COUNCIL
(b) For regulating the means by which particular facts may be
proved in the said Courts;
(c) For prescribing any forms to be used;
(d) For prescribing or regulating the duties of the officers of the
said Courts;
(e) For prescribing scales of costs and regulating any matters in
connection therewith;
(f) For prescribing and enforcing the fees to be taken in respect
of any proceedings under this Order, not exceeding, as regards
any matters provided for by the Consular Salaries and Fees Act,
1891, fees fixed and allowed from time to time by any Order in
Council made under that Act;
(g) For prescribing the allowances to be made in criminal cases to
complainants, witnesses, jurors, assessors, interpreters, medical
practitioners, and other persons employed in the administration
of Justice and the conditions upon which an order may be made
by the Court for such allowances;
(h) For taking and transmitting depositions of witnesses for use at
trials in a British possession or in the United Kingdom;
(i) For regulating the mode in which legal practitioners are to be
admitted to practise as such, and for withdrawing or suspending
the right to practise on grounds of misconduct, subject to a
right of appeal to His Majesty in Council.
Where under any Act of Parliament which is applicable to China
and Corea, Buies may or are required to be made in England by the Lord
Chancellor or any Judicial authority, the powers of this Article shall
include a power to make such Rules for the purposes of that Act so far
as applicable.
Rules framed under this Article shall not have effect until approved
by the Secretary of State and, so far as they relate to fees and costs,
sanctioned by the Treasury; but in case of urgency declared in any such
Rules with the approval of His Majesty’s Minister, the same shall have
effect unless and until they are disapproved by the Secretary of State
and notification of such disapproval is recorded and published by the
Judge of the Supreme Court.
Until such rules have been made, or in relation to matters to which
they do not extend, a Court may adopt and use any procedure or forms
heretofore in use in the Consular Courts in China or Corea, or any
Regulations or Rules made thereunder and in force immediately before
the commencement of this Order, with any modifications or adaptations
which may be necessary.
Power towith
dispense 120.—(1) The Court may, in any case, if it thinks fit, on account of
payment oi the poverty of a party, or for any other reason, to be recorded in the
Minutes, dispense with or remit the payment of any fee in whole
or in part.
(2) Payment of fees payable under any Rules to be made in pur-
suance of this Order, and of costs and of charges and expenses, of
witnesses, prosecutions, punishments, and deportations and of other
charges and expenses, and of fines respectively payable under this Order,
may be enforced under order of the Court by seizure and sale of goods, and
on default of sufficient goods, by imprisonment as a civil prisoner for a term
not exceeding one month, but such imprisonment shall not operate as a
satisfaction or extinguishment; of the liability.
(3) Any bill of sale or mortgage, or transfer of property made with
a view of avoiding seizure or sale of goods or ship under any provision of
this Order, shall not be effectual to defeat the provisions of this Order.
H.B.M. SUBJECTS IN CHINA AND COEEA 335
121. —(l) Every person doing an act or taking a proceeding in
Jourt as plaintiff in a civil case, or as making a criminal charge against
' another person, or otherwise, shall do so in his own name and not other-
8 s vise, and either—
(a) By himself; or
(b) By a legal practitioner; or
(c) By his attorney or agent thereunto lawfully authorized in
writing and approved by the Court.
(2) Where the act is done or proceeding taken by an attorney or by
nn agent (other than a legal practitioner), the power of attorney, or
ktjinstrument authorizing the agent, or an authenticated copy thereof, shall
ibe first filed in the Court.
(3) Where the authority has reference only to the particular pro-
ssceeding, the original document shall be filed.
IIflin which
(4) Where the authority
the attorney is general,
or agent or has reference
is empowered to act, anto other matters
authenticated
a copy of the document may be filed.
(5) Any person doing any act or taking any proceeding in the Court
t in the name or on behalf of another person, not being lawfully authorized
thereunto, and knowing himself not to be so authorized, is guilty of a
contempt of Court.
122. —(1) In any case, criminal or civil, and at any stage there
the Court either of its own motion or on the application of any party,
may summon a British subject to attend to give evidence, or to produce
documents, or to be examined ; but a Provincial Court shall have power
so to summon British subjects in its own district only.
(2) If the person summoned, having reasonable notice of the time
and place at which he is required to attend, and (in civil cases) his reason-
able expenses having been paid of tendered, fails to attend and be sworn,
and. give evidence, or produce documents or submit to examination
accordingly, and does not excuse his failure to the satisfaction of the
Court, he shall be guilty of an offence against this Order.
(3) Persons of Chinese, Corean, or other Asiatic origin or nationality
shall be deemed to be persons allowed by law to affirm or declare instead
of swearing.
(4) Any person appearing before the Court to give evidence in any
case, civil or criminal, may be examined or give evidence in the form or with
the ceremony that he declares to be binding on his conscience.
(5) If in any case, civil or criminal, a British subject wilfully gives
false evidence in the Court, or on a reference, he shall be deemed guilty
of willul and corrupt perjury.
123. Whenever under this Order any person is to be taken for trial eyance
or imprisonment or by way of deportation or for any other purpose, to ofCouV ac :used
the Supreme Court or elsewhere in China or Corea, or to Hongkong, per8on8'
England, or elsewhere, the Court or other authority by this Order
authorized to cause him to be so taken, may for that purpose (if neces-
sary) cause him to be embarked on board one of His Majesty’s ships of
war, or if there is no such ship available, then on board any British or
other fit ship, at any port or place whether within or beyond the parti-
cular jurisdiction or district of that Court or authority, and in order to
such embarkment may (if necessary) cause him to be taken, in custody
or otherwise, by land or by water, from any place to the port or place of
embarkment.
The writ, order, or warrant of the Court, by virtue whereof any
person is to be so taken, shall be sufficient authority to every constable,
officer, or other person acting thereunder, and to the commander or
master of any ship of war, or other ship (whether the constable, officer.
336 OKDEKS IN COUNCIL
or other person, or the ship or the commander or master thereof, is
named therein or not), to receive, detain, take, and deliver up such
person, according to the writ, order, or warrant.
Where the writ, order, or warrant is executed under the immediate
direction of the Court or authority issuing it, the writ, order or warrant
shall be delivered to the constable, officer, or other person acting there-
under, and a duplicate thereof shall be delivered to the commander or
master of any ship in which the person to whom the writ, order, or
warrant relates is embarked.
Where the writ, order, or warrant issues from the Supreme Court,
and is executed by a Provincial Court, a copy thereof certified under the
seal of the Court executing the same shall be delivered to the constable,
officer, or other person acting thereunder, and to the commander or
master of any ship in which the person taken is embarked; and any such
copy shall be for all purposes conclusive evidence of the order of which
it purports to be a copy.
124. Subject to the other provisions of this Order, all expenses of
removal of prisoners and others from or to any place in China or Corea,
or from or to Hongkong, and the expenses of deportation and of the
sending of any person to England, shall be defrayed in such manner as
the Secretary of State from time to time directs.
Any master of a British ship when required shall be bound to take
such persons for a reasonable remuneration, to be determined by a
Judge of the Supreme Court, and in case of non-compliance shall he
liable to a penalty not exceeding ,£50.
Application
enactments o<
as 125. The following Acts, namely:—
to evidence. The Foreign Tribunals Evidence Act, 1856;
The Evidence by Commission Act, 1859 ;
The Evidence by Commission Act, 1885;
or so much thereof as is for the time being in force, and any enactment
for the time being in force amending or substituted for the same, are
hereby extended to China and Corea, with the adaptation following,
namely :—
In the said Acts the Supreme Court is hereby substituted for a
Supreme Court in a Colony.
126. The following Acts, namely:—
The British Law Ascertainment Act, 1859 ;
The Foreign Law Ascertainment Act, 1861;
or so much thereof as is for the time being in force, and any enactment
for the time being in force amending or substituted for the same, are
hereby extended to China and Corea, with the adaptation following,
namely:—
In the said Acts the Supreme Court is hereby substituted for a
Superior Court in a Colony.
127. The Public Authorities Protection Act, 1893, shall extend and
apply to China and Corea, as if China and Corea were therein mentioned
in place of the United Kingdom, and as if this Order and any other Order
relating to China or Corea, and any Regulations or Rules made under
any such Order were therein referred to, in addition to any Act of
Parliament.
128. The Supreme Court may, if it thinks fit, order that a Com-
mission do issue for examination of witnesses at any place out of China
and Corea on oath, by interrogatories or otherwise, and may by order
give such directions touching the time, place, and manner of the examina-
tion, or anything connected therewith, as to the Court appear reasonable
and just.
H.B.M. SUBJECTS IN CHINA AND COEEA 337
YI.—Mortgages and Biles op Sale.
Mortgages.
129. A. deed or other instrument of mortgage, legal or equitable, of Registration
. dands or houses in China or Corea, executed by a British subject, may of mortgage*.
&Jbe registered at any time after its execution at the Consulate of the
^Consular district wherein the property mortgaged is situate.
130. Registration is made as follows:—The original and a copy of Mode of
' £-the deed or other instrument of mortgage, and an affidavit verifying the registration.
■execution and place of execution thereof, and verifying the copy, are
brought into the Consulate and the copy and affidavit are left there
131. If a deed or other instrument of mortgage is not registered at Time for
'the Consulate aforesaid within the respective time following, namely:— registration.
(1) Within fourteen days after its execution, where it is executed in
the Consular district wherein the property mortgaged is situate ;
(2) Within two months after its execution, where it is executed in
China or Corea, elsewhere than in that Consular district, or in
Weihaiwei or Hongkong;
(3) Within six months after its execution, where it is executed else-
where tban in China, Corea, Weihaiwei or Hongkong ;
■then, and in every such case, the mortgage debt secured by the deed or
other instrument and the interest thereon shall not have priority over
judgment or simple contract debts contracted before the registration of
that deed or other instrument.
132. Registered deeds or other instruments of mortgage, legal or
•equitable, of the same lands or houses have, as among themselves,
priority in order of registration.
133. His Majesty’s Minister may, with the approval of the Secretary Rules forof
■of State, make Rules for prescribing and regulating the making and indexes
keeping of indexes, and of a general index, to the register of mortgages, mortgages.
und searches in those indexes, and other particulars connected with the
making, keeping, and using of those registers and indexes, and for
authorizing and regulating the unregistering of any deed or other
i (instrument of mortgage, or the registering of any release or satisfaction
in respect thereof.
Bill of Sale.
134. The provisions of this Order relating to bills of sale :— Toof sale
whatthisbill
(1) Apply only to such bills of sale executed by British subjects as Order applies.
are intended to affect chattels in China or Corea;
(2) Do not apply to bills of sale given by sheriffs or others under
or in execution of process authorizing seizure of chattels.
135. — (1) Every bill of sale must conform with Contents sale.of
billtheof following r
(namely:—
(а) It must state truly the name, description, and address of the
grantor.
(б) It must state truly the consideration for which it is granted.
(c) It must have annexed thereto or written thereunder an inventory
of the chattels intended to be comprised therein.
(d) Any defeasance, condition, or declaration of trust affecting the
bill not contained in the body of the bill must be written on
the same paper as the bill.
(e) The execution of the bill must be attested by a credible witness,
with his address and description.
(2) Otherwise, the bill is void in China and in Corea to the extent
following, but not further, that is to say •—
338 GREEKS IN COUNCIL
(а) In the case of failure to conform with the rule respecting-
an inventory, as far as regards chattels omitted from the-
inventory; and
(б) In any other case, wholly.
(3) The inventory, and any defeasance, condition, or declaration as-
aforesaid, respectively, is for all purposes deemed part of the bill.
Tiine for
registering 136. A bill of sale conforming, or appearing to conform, with the
bill. foregoing rules, may be registered, if it is intended to affect chattels in
China or Corea, at the Supreme Court or at the Consulate of the
Consular district wherein the chattels are, within the respective time-
following and not afterwards, namely: —
(1) Within fourteen days after its execution, where it is executed
in the Consular district wherein the chattels are;
(2) Within two months after its execution, where it is executed in
China or in Corea elsewhere than in that Consular district, or
in Weihaiwei or Hongkong;
(3) Within six months after its execution, where it is executed else-
where than in China, Corea, Weihaiwei, or Hongkong.
Mode of 137. Registration is made as follows:—The original and a copy of
the bill of sale, and an affidavit verifying the execution, and the time
and place of execution, and the attestation thereof, and verifying the-
copy, are brought into the proper office of the Court or the Consulate j
and the copy and affidavit are left there.
Penaltytofor
failure 138. If a bill of sale is not registered at a place and within the time-
by this Order appointed and allowed for registration thereof, it is, from
and after the expiration of that time, void in China or in Corea, according
as that place is in China or in Corea, to the extent following, but not
further, that is to say:—
(1) As against trustees or assignees of the estate of the grantor, in.
or under bankruptcy, liquidation, or assignment for the benefit
of creditors ; and
(2) As against all sheriffs and others seizing chattels under process
of any Court, and any person on whose behalf the seizure is
made; but only
(3) As regards the property in, or right to, the possession of such
chattels comprised in the bill a,s, at or after the filing of the
petition for bankruptcy or liquidation, or the execution of the-
assignment, or the seizure, are in the grantor’s possession, or
apparent possession.
Priority. 139. Registered bills of sale affecting the same chattels have as
among themselves priority in order of registration.
inEffectcaseofofbill 140. Chattels comprised in a registered bill of sale are not in the
bankruptcy. possession, order, or disposition of the grantor within the law of bank-
ruptcy.
Subsequent
bill covering 141. If in any case there is an unregistered bill of sale, and within
same goods. or on the expiration of the time by this Order allowed for registration
thereof, a subsequent bill of sale is granted affecting the same or some
of the same chattels, for the same or part of the same debt, then the
subsequent bill is, to the extent to which it comprises the same chattels
and is for the same debt absolutely void, unless the Court is satisfied that
the subsequent bill is granted in good faith for the purpose of correcting
some material error in the prior bill, and not for the purpose of unlawfully
evading the operation of this Order.
Time for
renewal. 142. The registration of a bill of sale must be renewed once at least
every five years.
Mode of
renewal. 143. Renewal of registration is made as follows:—An affidavit stating
the date of and parties to the bill of sale, and the date of the original.
H.B.M. SUBJECTS IN CHINA AND COREA
['■sfregistration, and of the last renewal, and that the bill is still a subsisting
) ssecurity, is brought in to the proper office of the Court or the Consulate
iof original registration, and is left there.
144. If the registration of a bill of sale is not so renewed in any Failure to
nj period of five years, then on and from the expiration of that period the bill
sis deemed to be unregistered.
145. The provisions of this Order relating to renewal apply to bills toApplication
subsisting
t of sale registered under the Orders in Council repealed by this Order. bills.
146. A transfei; or assignment of a registered bill of sale need not Transfer of
I be registered; and renewal of registration is not necessary by reason only bills.
of such a transfer or assignment.
147. Where the time for registration or renewal of registration of a Expiration
bill of sale expires on a Sunday, or other day on which the office for
registration is closed, the registration or renewal is valid if made on the Sunday.
first subsequent day on which the office is open.
148. If in any case the Court is satisfied that failure to register or Failure tomay
•to renew the registration of a bill of sale in due time, or any omission or register
mis-statement connected with registration or renewal, was accidental or be rectified.
inadvertent, the Court may, if it thinks fit, order the failure, omission, or
mis-stateraent to be rectified in such manner and on such terms, if any,
•respecting security, notice by advertisement or otherwise, or any other
matter, as the Court thinks fit.
149. The provisions of this Order apply to a bill of sale executed Bills executed
before the commencement of this Order.
150. The power conferred on the Judge of the -Supreme Court by Order comes
! 'this Order of framing Rules from time to time extends to the framing of Rules for
Rules for prescribing and regulating the making and keeping of indexes, bills. of
-and of a general index, to the registers of bills of sale and searches in register
those indexes, and other particulars connected with the making, keeping,
and using of those registers and indexes, and for authorizing and regulating
the unregistering of any bill of sale, or the registering of any release or
-satisfaction in respect thereof.
VII.—Foreign Subjects and Tribunals.
151.—(1) Where a foreigner desires to institute or take in and Actions by
against
the Court an action against a British subject, or a British subject desires foreigners.
to institute or take in the Court an action against a foreigner, the Court
-shall entertain the same, and shall hear and determine it, according to
the ordinary course of the Court.
(2) Provided that the foreigner, if so required by the Court, first obtains
and files in the Court the consent in writing of the competent authority
on behalf of his own nation to his submitting, and does submit, to the
jurisdiction of the Court, and, if required by the Court, give security to
the satisfaction of the Court, and to such reasonable amount as the Court
thinks fit, by deposit or otherwise, to pay fees, damages, costs, and expenses,
and abide by and perform such decision as shall be given by the Court
or on appeal.
(3) A cross-action or counter-claim shall not be brought in the
Court against a plaintiff, being a foreigner.
(4) Where a foreigner obtains in the Court an order against a
defendant being a British subject, and in another suit that, defendant is
plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on
the application of the British subject, stay the enforcement of the order
pending that other suit, and may set off any amount ordered to be paid
by one party in one suit auaimt any amount ordered to be paid by the
other party in the other suit.
340 ORDERS IN COUNCIL
(5) Where a plaintiff, being a foreigner, obtains an order in the-.
Court against two or more defendants being British subjects jointly, and
in another action one of them is plaintiff and the foreigner is defendant,,
the Court may, if it thinks fit, on the application of the British subject,
stay the enforcement of the order pending that other action, and may set
off any amount ordered to by paid by one party in one action against any
amount ordered to be paid by the other party in the other action, without
prejudice to the right of the British subject to require contribution from
his co-defendants under the joint liability.
(6) Where a foreigner is co-plaintiff in a suit with a British subject
who is within the particular jurisdiction, it shall not be necessary for the
foreigner to give security for costs, unless the Court so directs, but the
co-plaintiff British subject shall be responsible for all fees and costs.
Attendance
ofsubjects
Britieh 152. —■(!) Where it i
cular jurisdiction of a British subject to give evidence, or for any other
Chinese purpose connected with the administration of justice, is required in a
foregin or
Tribunals. Court of China or Corea, or before a Chinese or Corean judicial officer, or
in a Court or before a judicial officer of a State in amity with His
Majesty, the Court may, if it thinks fit, in a case and in circumstances-
in which the Court would require his attendance before the Court, order
that he do attend in such Court, or before such judicial officer, and for
such purpose as aforesaid.
(2) A Provincial Court, however, cannot so order attendance at any
place beyond its particular jurisdiction.
(3) If the person ordered to attend, having reasonable notice of the
time and place at which he is required to attend, fails to attend accord-
ingly, and does not excuse his failure to the satisfaction of the Court,
he shall (independently of any other liability) be guilty of an offence-
against this Order.
Actions
British byin 153. When a British subject invokes or submits to the jurisdiction
subjects of a Chinese, Corean, or foreign Tribunal, and engages in writing ta
Chinese or
foreign Court. abide by the decision of that Tribunal, or to pay any fees or expenses
ordered by such Tribunal to be paid by him, the Supreme Court, or any
Provincial Court may, on such evidence as it thinks fit to require,
enforce payment of such fees and expenses in the same manner as if they
were fees payable in a proceeding by such person in that Court, and shall
pay over or account for the same when levied to the proper Chinese,
Corean, or foreign authority, as the Court may direct.
Oarnisbee 154. —(1) The Sup
inproceedings
aid of of
judgment
British subject or foreigner who has obtained a judgment or order for the
recovery or payment of money in a foreign Court in China or Corea
foreign Court. against a person subject to the jurisdiction of that Court, and upon a
certificate by the proper officer of the foreign Court that such judgment
has been recovered or order made (specifying the amount), and that it is
still unsatisfied, and that a British subject is alleged to be indebted to
such debtor and is within the jurisdiction, order that all debts owing or
accruing from such British subject (hereinafter called the garnishee) to
such debtor shall be attached to answer the judgment or order; and by
the same or a subsequent order, may order the garnishee to pay his debt
or so much as may be sufficient to satisfy the judgment or order of the
foreign Court.
(2) The proceedings for the summoning of the garnishee, for the
ascertainment of his liability, and for the payment of money ordered by
the Court to be paid, and all matters for giving effect to this Article, may
be regulated by Rules of Court.
(3) An order shall not be made under this Article unless the Court
is satisfied that the foreign Court is authorized to exercise similar power
H.B.M. SUBJECTS IN CHINA AND COKEA 341
in the case of a debt due from a person subject to the jurisdiction of that
oDourt to a British subject against whom a judgment has been obtained in
>a Court established under this Order.
VIII.—Regulations.
155. His Majesty’s Ministers in China and Corea shall have power Kin<>’
)collectively with respect to China and Corea or any parts thereof, or Ke8ulat'0'lS‘
a severally with respect to China or Corea, or any parts thereof as the case
a may be, to make Regulations (to be called King’s Regulations) for the
> following purposes, that is to say:—
(a) For the peace, order, and good government of British subjects
in relation to matters not provided for by this Order, and to
matters intended by this Order to be prescribed by Regulation.
(b) For securing the observance of any Treaty for the time being in
force relating to any place or of any native or local law or custom
whether relating to trade, commerce, revenue, or any other
matter.
(c) For regulating or preventing the importation or exportation in
British ships or by British subjects of arms or munitions of war,
or any parts or ingredients thereof, and for giving effect to any
Treaty relating to the importation or exportation of the same.
(d) For requiring returns to be made of the nature, quantity, and
value of articles exported from or imported into his district,
any part thereof, by or on account of any British subject who is
subject to this Order, or in any British ship, and for prescribing
the times and manner at or in which, and the persons by whom,
such returns are to be made.
(2) Any Regulations made under this Article may provide for
forfeiture of any goods, receptacles, or things in relation to which, or to
the contents of which, any breach is committed of such Regulations, or
of any Treaty or any native or local law or custom, the observance of which
is provided for by such Regulations.
(3) Any person committing a breach of any such Regulations shall,
in addition to any forfeiture prescribed thereby, be liable, on conviction,
to imprisonment, for a period not exceeding three months, or to a fine, or
to both.
(4) Any fine imposed for a breach of Regulations shall not exceed
£50: Provided that where the breach is of any Regulation relating to
customs law, or to the importation or exportation of any goods, the fine
may extend to a sum equivalent to treble the value of the goods in relation
to which the breach is committed.
156. His Majesty’s Ministers in China and Corea respectively, in Municipal
the exercise of the powers aforesaid, may, if they think fit, join with the Re"ulatl0n8‘
Ministers of any foreign Powers in amity with His Majesty in making or
adopting Regulations for the municipal government of any foreign con-
cession or settlement in China or Corea as the case may be; and as regards
British subjects, such joint Regulations shall be as valid and binding as
if they related to British subjects only.
157. —(a) Regulations made or adopted under this Order shall
have effect as respects British subjects unless and until they are approved Ee^ulat,0,'s
by His Majesty the King, that approval being signified through the
Secretary of State—save that, in case of urgency declared in any such
Regulations, the same shall take effect before that approval, and shall
continue to have effect unless and until they are disapproved by His
Majesty the King, and until notification of that disapproval has been
received and published by His Majesty’s Minister in China or Corea as
the case may be.
342 ORDERS IN COUNCIL
(6) Any Regulations when so approved, and published as provided
by this Order, shall have effect as if contained in this Order.
Pubiicat on of
Reguiations. 158.—(1)orAllnot,Regulations
jng penalties approvedandunder
shall be printed, this Order,
a printed whethershall
copy thereof impos-
be
affixed, and be at all times kept exhibited conspicuously, in the public office
of each Consulate in China and Corea.
(2) Printed copies of the Regulations shall be kept on sale at such
reasonable price as His Majesty’s Minister from time to time directs.
(3) A printed copy of any Regulations purporting to be made under
this Order, and to be certified under the hand of His Majesty’s Minister
in China or Corea, or under the hand and Consular seal of one of His
Majesty’s Consular officers in China and Corea, shall be conclusive evidence
Prison of the159.dueThe
making of such powers
Regulations.
egu a ions. Regulations forrespective
the governance, aforesaidcare,extend
visitation, to the making ofof
and superintendence
prisons in China or in Corea, for the removal of prisoners from one prison
to another, and for the infliction of corporal or other punishment on
prisoners committing offences against the rules or discipline of a prison ;
but the provisions of this Order respecting penalties, and respecting the
printing, affixing, exhibiting, and sale of Regulations, and the mode of
trial of charges of offences against Regulations, do not apply to Regula-
tions respecting prisons and offences of prisoners.
IX.—Miscellaneous.
Customs may
be observed. ' 160. Nothing in this Order shall deprive the Court of the right to
observe, and to enforce the observance of, or shall deprive any person of
the benefit of, any reasonable custom existing in China or Corea, unless
this Order contains some express and specific provision incompatible with
Customary the observance thereof.
powers of 161. Nothing in this Order shall prevent any Consular officer in
Consular
officers. China or Corea from doing anything which His Majesty’s Consuls in the
dominions of any other State in amity with His Majesty are, for the time
Registration being, by law, usage, or sufferance, entitled or enabled to do.
of British 162. —(1) Every Briti
subjects. year, register himself at the Consulate of the Consular district within
which he is resident: Provided that—
(a) The registration of a man shall comprise the registration of his
wife, if living with him ; and
(b) The registration of the head of a family shall be deemed to com-
prise the registration of all females and minors being his rela-
tives, in whatever degree, living under the same roof with him
at the time of his registration.
(2) The Consular officer may, without fee, register any British sub-
jects being minors living in the houses of foreigners.
(3) Every British subject arriving at a place in China or Corea
where there is a Consular office, unless borne on the muster-roll of a
British ship there arriving, shall, on the expiration of one month after
arrival, be deemed, for the purposes of this article, to be resident, and
shall register himself accordingly.
(4) A person shall not be required to register himself oftener than
once in a year, reckoned from the 1st January. I
(5) The Consular officer shall yearly give to each person registered
by him a certificate of registration, signed by him and sealed with his
Consular seal.
(6) The name of a wife, if her registration is comprised in tier
husband’s, shall, unless in any case the Consular officer sees good reason
to the contrary, be indorsed on the husband’s certificate. .
H.B.M. SUBJECTS IN CHINA AND COREA 343
I (7) The names and descriptions of females and minors whose
; Registration is comprised in that of the head of the family shall, unless in
iiny case the Consular officer sees good reason to the contrary, be indorsed
con the certificate of the head of the family.
(8) It shall be lawful by King’s Eegulations to require that every
person shall, on every registration of himself, pay such fee as may therein
Ibe prescribed, not exceeding 2 dollars in China and 2 yen in Corea; and
usuch Eegulations may provide that any such fee may either be uniform
rqfor all persons, or may vary according to the position and circumstances
iof different classes.
(9) The mode of registration may be prescribed by King’s Eegula-
| tions, but if no other mode is so prescribed, every person by this Order
] required to register himself or herself shall, unless excused by the Con-
s' sular officer, attend personally for that purpose at the Consulate on each
I occasion of registration.
(10) If any person fails to comply with the provisions of this Order
respecting registration, and does not excuse his failure to the satisfaction
of the Consular officer, he or she shall be guilty of an offence against
this Order, and any Court or authority may, if it thinks fit, decline to
recognize him as a British subject.
163. Section 48 of the Conveyancing and Law of Property Act, 1881 Deposit of
(which relates to the deposit of instruments creating powers of attorney
in the Central Office of the Supreme Court in England or Ireland), shall attorney.
apply to China and Corea with these modifications, that is to say: the
Office of the Supreme Court is substituted for the Central Office, and
Eules of Court under this order are substituted for General Eules.
164. All fees, fines, penalties, and other sums of money which, un- Rates of for
der the provisions of this Order or any Eegulations or Eules of Court, exchange
are staled or imposed in terms of British currency, shall, if not paid payment
fees, fines,of&e.-
in British gold, be paid in China in British or Mexican dollars at the
rate of exchange fixed periodically by the Treasury; in Corea, in
Japanese currency at the rate of 10 yen to the pound sterling.
The said rates of exchange shall apply to the ascertainment of the
value of any income for any purpose of qualification or of any limitation
or security, in any case where this Order or any Eule or Eegulation con-
tains a reference to British currency.
165. Except as in this Order otherwise provided, all fees, dues, fines, Accounting of
and other receipts under this Order shall be carried to the public fines, fees, &c.
account, and shall be accounted for and paid as the Secretary of State,
with the concurrence of the Treasury, directs.
166. Not later than the 31st March in each year, the Judge of the Report by
Supreme Court shall send to the Secretary of State a report on the Judge of the
operation of this Order up to the 31st December of the preceding year, Supreme
showing for the then last twelve months the number and nature of the
proceedings, criminal and civil, taken in the Court under this Order,
and the result thereof, and the number and amount of fees received, and
containing an abstract of the registration list, and such other informa-
tion, and being in such form, as the Secretary of State from time to time
directs. *
167. Each Provincial Court shall at such time as may be fixed by Report by
Eules of Court furnish to the Supreme Court an annual report of every Provincial
case, civil and criminal, brought before it, in such form as the Supreme
Court directs. Publicationkeptof exhib
168. —(1) A printed copy of this Order shall be always
ed in a conspicuous place in each Consular office and in each Court-house. Order.
(2) Printed copies shall be sold at such reasonable price as the
Supreme Court directs.
344 ORDEES IN COUNCIL
(3) Judicial notice shall be taken of this Order, and of the com-
mencement thereof, and of the appointment of Consuls, and of the con-
stitution and limits of the Courts and districts, and of Consular seals
and signatures, and of any Rules made or in force under this Order, and
no proof shall be required of any of such matters.
The provisions of the Evidence Act, 1851 (14 and 15 Viet., cap. 99),
Secs. 7 and 11, relating to the proof of judicial and other documents,
shall extend and be applied for all purposes as if the Courts, districts,
and places to which this Order applies were in a British Colony.
^Repeal, 169.—(1) The Orders in Council mentioned in the Schedule to this
Order are hereby repealed, but this appeal shall not—
(%) Affect the past operation of those Orders, or any of them, or
any appointment made, or any right, title, obligation, or liability
accrued, or the validity or invalidity of anything done or suffer-
ed under any of those Orders, before the making of this Order;
fb) Interfere with the institution or prosecution of any proceeding
or action, criminal or civil, in respect of any offence committed
against, or forfeiture incurred or liability accrued under or in
consequence of, any provision of any of those Orders, or any
Regulation confirmed by any such Order or made thereunder;
(c) Take away or abridge any protection or benefit given or to be
enjoyed in relation thereto.
(2) Notwithstanding the repeal of the Orders aforesaid, all Rules
and Regulations approved or confirmed by or under any Order so re-
pealed shall continue and be as if this Order had not been made; but so
that the same may be revoked, altered, or otherwise dealt with under
this Order, as if they had been made under this Order.
(3) Criminal or civil proceedings begun under any of the Orders re-
pealed by this Order, and pending at the time when this Order comes into
operation, shall, from and after that time, be regulated by the provisions of
this Order, as far as the nature and circumstances of each case admits.
(4) Lists of jurors and assessors in force at the passing of this
Order shall continue in force until revised and settled under the provi-
sions of this Order.
Commerce-
merit of 170.—(1) This Order shall take effect on such day not less than one
Order. month nor more than three months after it is first exhibited in the public
office of the Supreme Court at Shanghai, as the Minister shall by public
notification appoint.
(2) The day on which this Order so takes effect is in this Order
referred to as the commencement of this Order.
(3) For the purposes of this Article the Judge of the Supreme Court
shall forthwith, on the receipt by him from the Minister in China of a
certified printed copy of this Order, cause the same to be affixed and
exhibited conspicuously in that office, together with the said notification.
(4) He shall also keep the same so affixed and exhibited until the
commencement of this Order.
(5) A copy of the said notification shall, as soon as practicable, be
published at each of the Provincial Consulates in such manner as the
Supreme Court may direct.
H.B.M. SUBJECTS IN CHINA AND COREA 345
(6) A certified printed copy of this Order shall also be affixed and
M exhibited in the public offices of the Provincial Court at Seoul, at the
same time (or as near as circumstances admit) at which it is first exhi-
bited at Shanghai.
(7) Proof shall not in any proceeding or matter be required that
s J the provisions of this Article have been complied with, nor shall any act
or proceeding be invalidated by any failure to comply with any of such
n provisions.
(8) Where this Order confers power to make any appointment,
Pules, or Regulations, or to do any other thing for the purposes of this
Order, that power may be exercised at any time after the passing of this
Order, so, however, that any such appointment, Rules, or Regulations
shall not take effect before the commencement of tins Order.
171. This Order may be cited as “The China and Corea Order in shor title.
Council, 1904.'’
A. W. Fitzkoy.
SCHEDULE.
Orders Repealed.
The China and Japan Order in Council, 1865.
The China and Japan Order in Council, 1877.
The China and Japan Order in Council, 1878.
The China and Japan Order in Council, 1881.
The China, Japan, and Corea Order in Council, 1884.
The China, Japan, and Corea Order in Council, 1884 (Supplemental).
The China, Japan, and Corea Order in Council, 1886.
The China, Japan, and Corea Order in Council, 1886 (No. 2).
The China and Japan Order in Council, 1898.
The China, Japan, and Corea (Supreme Court) Order in Council, 1899.
THE CHINA AND COREA (AMENDMENT) ORDER IN
COUNCIL, 1907
At the Court at Buckingham Palace, the 11th day of February, 1907
Present:
The King’s Most Excellent Majesty in Council
Whereas by Treaty, grant, usage, sufferance, and other lawful means. His Majesty *
the King has jurisdiction within the dominions of the Emperor of China and the
Emperor of Corea:
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by “ The Foreign Jurisdiction Act, 1890,” or otherwise in His Majesty vested,
is pleased by and with the advice of His Privy Council to order, and it is hereby j
ordered, as follows:—
1. This Order may be cited as “ The China and Corea (Amendment) Order in
Council, 1907,” and shall be read as one with “The China and Corea Order in
Council, 1904,” hereinafter referred to as the “ Principal Order.”
2. —(1) Where one or more commissioned Consular officers
Consular district assigned to another commissioned Consular officer, the Minister ;
may, if he thinks fit, appoint such commissioned Consular officer or officers to whom:
uo district is assigned to be an additional Judge or additional Judges of the
Provincial Court of the district.
(2) Where an officer is so appointed he shall hear and determine such matters, j
civil and criminal, being within the jurisdiction of a Provincial Court, as the Consular,
officer to whom the district is assigned, with the sanction of the Judge of the Supreme \
-Court, directs.
(3) Where an officer is appointed under this Article he may sit at the same time
and place as the Consular officer to whom the district is assigned, or in a different ;
place, and each sitting shall be deemed a sitting of the Provincial Court of the district. .
3. The following Article shall be substituted for Article 69 of the Principal ;
Order:—
Any act which, if done in the United Kingdom or in a British Possession, would1
be an offence against any of the following Statutes of the Imperial Parliament
or Orders in Council, that is to say:—
(a) The Merchandize Marks Act, 1887;
(b) The Patents, Designs, and Trade-marks Acts, 1883 to 1902;
(c) The Trade Marks Act, 1905 ;
(d) Any Statute amending or substituted for any of the above-mentioned
Statutes;
(e) Any Statute, or Order in Council for the time being relating to copy-
right, or to inventions, designs, or trade-marks, of which a copy is j
kept exhibited in the public offices of the Consulates at Shanghai and
Seoul, and is there open for inspection by any person at all reason-
able times;
shall, if done by a British subject in China or Corea, be punishable as a grave
offence against the Principal Order, whether such act is done in relation to any pro-
perty or right of a British subject, or of a foreigner or native, or otherwise howsoever
I THE CHINA AND COREA (AMENDMENT) ORDER IN COUNCIL, 1907 347
Provided:—
(1) That no person shall be punished under this Order for an act which would
be an offence against any Act, Statute, or Order in Council, the exhibition of which is
porequired by paragraph (e) above, unless such exhibition had commenced not less than
M one month before the act took place, or unless the person offending is proved to have
'ii had express notice of such Act, Statute, or Order in Council.
(2) That a prosecution by or on behalf of a prosecutor who is not a British
subject shall not be entertained, unless either (a) an arrangement is in force between
U His Majesty’s Government and the Government of the State or Power to which the
a prosecutor belongs, or (6) the Court is satisfied that effectual provision exists for the
0 punishment in Consular or other Courts in China or Corea of similar acts committed
9 by the subjects of such State or Power in relation to or affecting the interests of
British subjects. Where such an arrangement is in force the Minister may issue a
notification to that effect, and the Court shall take judicial notice thereof.
4. No action shall be brought for the protection of any copyright, trade-mark,
patent, or design by any person who is not a British subject, unless either (a) an
arrangement is in force between His Majesty’s Government and the Government of
the State or Power to which the plaintiff belongs, or (6) the Court is satisfied that
effectual provision exists for the protection in Consular or other Courts in China or
Corea of the rights and interests of British subjects in copyrights, trade-marks,
patents, and designs infringed by the subjects of such State or Power.
Where such an arrangement is in force the Minister may issue a notification to
that effect, and the Court shall take judicial notice thereof.
5. The following Article shall take effect instead of Article 75 of the Principal
Order:—
(1) Every person subject to the criminal jurisdiction of the Court who prints
publishes, or offers for sale any printed or written newspaper or other publication
containing seditious matter shall be guilty of a grave offence against the Principal
Order, and may, in addition to, or in lieu of, any other punishment, be ordered to
give security for good behaviour, and in default thereof, or on a further conviction
for the offence, he may be ordered to be deported.
(2) Where any printed or written newspaper or other publication containing
seditious matter is printed, published, or offered for sale within the limits of the
Order by a Company registered in the United Kingdom or in a British possession,
the Court may, after notice to the Company, and on proof of the facts, require the
Company to give security to abstain from such printing, publishing, or offering for
sale in future. If the Company fail to give security, or if the Company is shown ta
have again printed, published, or offered for sale such newspaper or other publica-
tion containing seditious matter after giving such security, the Court may make an
order prohibiting the Company from carrying on business within the limits of the
Order, and may make such other orders as to the Court may seem just. The Court
may also declare all the property of the Company within the limits of the Order to
be forfeited to His Majesty the King, and shall dispose of it, subject to any general
or special directions of the Secretary of State, as it thinks fit.
(3) Matter calculated to excite tumult or disorder, or to excite enmity between
His Majesty’s subjects and the Government of China or the Government of Corea,
or the authorities or subjects of any Power in amity with His Majesty, being within
the limits of this Order, or between the Government of China and its subjects, or the
Government of Corea and its subjects, shall be deemed to be seditious matter within
the meaning of this Article.
(4) Jurisdiction under this Article shall not be exercised except by the Supreme
Court.
6. The following Article shall be substituted for Art. 84 of the Principal Order:—
Where any person is deported to any place to which he can most conveniently
be sent through Hongkong, and it is necessary to land and tranship him at Hong-
.348 THE CHINA AND COREA (AMENDMENT) ORDER IN COUNCIL, 1907
kong, lie shall, on his arrival there, be delivered, with the warrant under which he
is deported, into the custody of a Magistrate of Police at Hongkong, who, on receipt
of the person deported and of the warrant, shall detain him, and shall forthwith
report the case to the Governor of Hongkong, who shall, by warrant, cause the
person so deported to be detained in custody until a convenient opportunity occurs
for sending him to the place to which he has been deported, and shall then send him
do that place.
7. Where a case is stated under Article 85 of the Principal Order, the Judge
shall have power, save where the case has been stated by himself, to order that it
shall be heard and determined in the manner provided by Article 86 by himself
alone, instead of by the Full Court.
8. The following Article shall be substituted for Article 108 of the Principal
Order:—
If any person named executor in a will takes possession of and administers or
otherwise deals with any part of the property of deceased, and does not obtain
probate within one month after the death or after the termination of any proceedings
respecting probate or administration, be shall be liable to pay double the amount of
any fees chargeable on obtaining probate, and he shall also be liable to a fine not
exceeding one hundred pounds.
9. Article 112 of the Principal Order shall be amended by the substitution of
t’ie sum of one hundred pounds for the sum of fifty pounds therein mentioned.
10. Any person desirous of levying a distress for rent may apply to the Court
to appoint a bailiff to levy such distress, and the Court may thereupon, and upon the
applicant giving sufficient security to answer for any misconduct on the part of such
bailiff, appoint a person to act as bailiff to levy such distress.
11. The following Articles shall be substituted for Article 114 of the Principal
Order:—
(1) Any party to an action in the Supreme Court, other than an Admiralty
action, or to an appeal to the Supreme Court, aggrieved by the decision of that
Court or by the verdict of a jury, may move the Supreme Court to re-hear such
action or appeal.
(2) The motion shall be heard by the Full Court unless the Judge of the
Supreme Court otherwise orders.
(3) On such motion the Supreme Court may make any order that may be
made by the Court of Appeal in England in the exercise of its ordinary appellate
jurisdiction.
(4) An application for a rehearing shall be made within the prescribed time.
12. The following provision shall be substituted for Article 151 (1) of the
Principal Order:—
(1) Where a foreigner desires to institute or take in the Court an action against
a British subject, or a British subject desires to institute or take in the Court an
action against a foreigner, the Court shall entertain the same, and the action shall be
heard and determined either by the Judge sitting alone or, if all parties consent or
the Court so directs, with a jury or assessors, but in all other respects according to
the ordinary procedure of the Court.
13. The following provision shall be substituted for Article 155 (3) of the
Order:—
Any person committing a breach of any such Regulations shall, on conviction,
be liable to the punishment, forfeiture, or fine therein prescribed, or, if no such
punishment or fine is prescribed, he shall be liable, on conviction, to imprisonment,
with or without hard labour, for a period not exceeding three months, or to a fine,
or to both. Regulations imposing penalties shall be so framed as to allow in every
case of part only of the highest penalty being imposed.
THE CHINA AND COREA (AMENDMENT) ORDER IN COUNCIL, 1909 349
14. The following Article shall take effect instead of Article 157 of the Principal
iOrder:—
King’s Regulations and Municipal Regulations made or adopted under Articles
|l55 and 156 of the Principal Order shall not have effect unless and until they are
[approved by a Secretary of State, save that in case of urgency declared in any such
[Regulations the same shall take effect before that approval, and shall continue to
rhave effect unless and until they are disapproved by a Secretary of State, and until
notice of that disapproval has been received and published by the Minister.
15. Every Consular officer shall, as far as there is proper opportunity, promote
reconciliation and encourage and facilitate the settlement in au amicable way, and
■without recourse to litigation, of matters in difference between British subjects, or
’between British subjects and foreigners in China or Corea.
16. “ The China, Japan, and Corea (Patents) Order in Council, 1899,” “ The
■China and Corea (Supreme Court) Order in Council, 1900,” and the following
Articles of the Principal Order are hereby repealed, viz.:—Articles 27, 69, 75,
*84, 108, 114, 151 (1), 155 (3), 157; but this repeal shall not (a) affect the past
operation of such Orders or such Articles, or any right, title, obligation, or liability
thereunder, or (5) interfere with the institution or prosecution of any legal proceed-
ings thereunder.
And the Right Honourable Sir Edward Grey, Bart., one of His Majesty’s
Principal Secretaries of State, is to give the necessary direction herein.
A. W. Fitzroy.
Note.—His
amending Majesty 1907,
Order into Council, having ceased
that allto references
be represented in CoreaOrder
by atoMinister, an
«hall be deemed be references todirects
the Consul-General. in the Principal the Minister
THE CHINA AND COREA (AMENDMENT) ORDER
IN COUNCIL, 1909
Issued October, 1909
1. This Order may be cited as “The China and Corea (Amendment) Order in
Council, 1909,” and shall be read as one with “The China and Corea Order in
Council, 1904,” hereinafter referred to as the “ Principal Order.”
2. In place of that contained in Article 5 of “The China and Corea (Amend-
ment) Order in Council, 1907,” the following Article shall take effect instead of
Article 75 of the Principal Order: —
(1.) Every person subject to the criminal jurisdiction of the Court who prints,
publishes, or offers for sale any printed or written newspaper or other publication
containing seditious matter shall be guilty of a grave offence against the Principal
Order, and may, in addition to, or in lieu of, any other punishment, be ordered either
to give security for good behaviour or to be deported.
350 THE CHINA AND COREA (AMENDMENT) ORDER IN COUNCIL, 1909
(2) Where any printed or written newspaper or other publication containing
seditious matter is printed, published, or offered for sale within the limits of the
Principal Order by a Company registered in the United Kingdom or in a British
possession, the Court may, after notice to the Company, and on proof of the facts,
require the Company to give security to abstain from such printing, publishing, or
offering for sale in future. If the Company fail to give security, or if the Company
is shown to have again printed, published, or offered for sale such newspaper or
other publication containing seditious matter after giving such security, the Court
may make an order prohibiting the Company from carrying on business within the
limits of the Order, or may make such other orders as to the Court may seem just.
The Court may also declare all the property of the Company within the limits of the
Order to be forfeited to His Majesty the King, and shall dispose of it, subject to any
general or special directions of the Secretary of State, as it thinks fit.
(3.) Matter calculated to excite tumult or disorder, or to excite enmity between
His Majesty’s subjects and the Government of China, or the Government of Corea,
or the authorities or subjects of any Power in amity with His Majesty, being within
the limits of this Order, or between the Government of China and its subjects or the
Government of Corea and its subjects, shall be deemed to be seditious matter within
the meaning of this Article.
(4.). An offence against this Article shall not be tried except on a charge and by
the Supreme Court.
(5.) Notwithstanding anything contained in the Principal Order, the charge
may, for reasons to be recorded on the minutes, be heard and determined before a
Judge sitting without a jury or assessors.
3. —(1.) The power of His Majesty’s Minister in China to mak
tions under Article 155 of the Principal Order, or to join with the Ministers of any
foreign Powers in amity with His Majesty in making or adopting municipal Regula-
tions under Article 156 of the Principal Order, shall extend to making, or joining in
making or adopting, Regulations for the creation, maintenance, discipline, and control
of a police force for any foreign Concession or Settlement in China.
(2.) Such Regulations may provide for the dismissal, fine (not exceeding one-
month’s pay), confinement to barracks, reduction in rank, class, or seniority, suspen-
sion or removal from special duty, of any member of the force by the person for the
time being in command thereof.
(3.) The Minister may also issue to such person a warrant empowering him
while in command of the force to inflict summary punishment upon members of the
force by imprisonment with hard labour for a period not exceeding fifteen days.
Such warrant may be at any time withdrawn.
(4.) Any fine inflicted under this Article shall be paid, after deduction of the
costs incurred in the imposition Or recovery thereof, to the authority by whom the
police force is paid.
4. Article 5 of “ The China and Corea (Amendment) Order in Council, 1907,”
is hereby repealed, but this repeal shall not (a) affect the past operation of such.
Article, or any right, title, obligation, or liability thereunder, or (b) interfere with
the institution or prosecution of any legal proceeding thereunder.
And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty’s-
Principal Secretaries of State, is to give the necessary directions herein.
Almeeic Fitzeov.
THE CHINA AND COREA (AMENDMENT) ORDER
IN COUNCIL, 1910
Issued November, 1910
1. That this Order may be cited as “The China and Corea (Amendment) Order
In Council, 1910” and shall be read as one with the China and Corea Order in
'Council, 1904, hereinafter referred to as “The Principal Order” and the Principal
Order, the China and Corea (Amendment) Order in Council, 1907, the China and
Corea (Amendment) Order in Council, 1909, and this Order may be cited together as
the China and Corea Orders in Council, 1904 to 1910.
2. —(1) Where a British subject is sentenced to imprisonment for a t
than six months, the Court may, as part of the sentence, order that he be deported.
(2) Article 83, sub-articles 4 to 11, of the Principal Order and Article 6 of the
- China and Corea (Amendment) Order in Council, 1907, shall apply to deportations
under this Article.
3. Where a person not belonging to Hongkong is sentenced to imprisonment
and deportation under Article 2, and is sent for imprisonment to Hongkong, the
■Governor Of Hongkong shall, if lawfully empowered thereto, deport such person to
the place to which he was ordered by the Court to bs deported; and if not so em-
powered the Governor shall cause such person to be sent back to Shanghai.
4. —(1) Where a warrant is issued by the Minister to the person
being in command of the police force in any foreign concession or settlement in
China as provided in Article 3, sub-article 3, of the China and Corea Amendment
Order in Council, 1909, the jurisdiction authorized by the said warrant shall be
exercised in conformity with and shall be subject to such rules as the Judge of the
Supreme Court, with the approval of the Secretary of State, may make, and pending
the issue of such rules, such of the China and Corea Rules of Court, 1905, as the
Judge may direct.
, (2) A monthly return of all summary punishments inflicted by the person
holding such warrant shall be sent to the Judge of the Supreme Court.
5. —(1) A warrant issued by the Minister under Article 3, sub-ar
China and Corea (Amendment) Order in Council, 1909, to the person for the time
being in command of a police force in any foreign concession or settlement in China
may empower such person while in command of the force to inflict summary punish-
ment upon members of the force by detention for a period not exceeding fifteen days
in such place as may be provided as a detention barrack by the authority by whom
the force is paid.
(2) Any warrant or King’s Regulation issued under Article 3 of the China and
Corea (Amendment) Order in Council, 1909, in force at the date of this order,
authorizing a sentence of imprisonment, shall be deemed to authorize a sentence
either of imprisonment or of detention.
(3) For the purposes of this Article “detention” and “detention barrack”
shall have the same meaning as in the Army Act.
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1915
At the Court at Buckingham Palace, the 12th day of August, 1913
Present :—
The King’s Most Excellent Majesty-
Lord President Sir William Carington
Mr. Secretary Harcourt Mr. Fischer
Sir Louis Mallet.
Whereas by treaty, grant, usage, sufferance, or other lawful means, His Majesty
the King has jurisdiction within China :
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is
pleased, by and with the advice of His Privy Council, to order, and it is hereby
ordered, as follows :—
1. —This Order may be cited as “ The China (Amendment)
1913,” and shall be read as one with the China Order in Council, 1904, hereinafter
referred to as the “ Principal Order,” and this Order and the China Orders in
Council, 1904 to 1910, may be cited together as “ The China Orders in Council,
1904 to 1913.”
2. —In this Order, unless the context otherwise requires :—
“Judgment” includes decree, order, sentence, or decision; “Record”
means the aggregate of papers relating to an Appeal to His Majesty in
Council (including the pleadings, proceedings, evidence and judgments)'
proper to be laid before His Majesty in Council and on the hearing
of the Appeal;
“ Registrar ” includes the officer having the custody of the Records in the
Supreme Court.
3. —(1) Any person committing a breach of any Internatio
approved by the Secretary of State under Article 74 of the Principal Order shall, on
conviction, be liable to the punishment, forfeiture, or fine therein prescribed, or, if
no such punishment or fine is prescribed, he shall be liable, on conviction, to
imprisonment with or without hard labour for a period not exceeding one month, or
to a fine not exceeding =£20.
(2) Where a fine is recovered for breach of such Regulations, and the Regula-
tions contain no provisions as to the manner in which it shall be disposed of and
applied, it shall be disposed of and applied in such manner as the Minister may
direct.
4. —In the application of the Perjury Act, 1911, by the Court
of its criminal jurisdiction on the principles of, and in conformity with, English law
for the time being under Article 35 (2) of the Principal Order, the words “ judicial
proceeding” in the said Act shall be deemed to include a proceeding before a
Chinese Court or a Court in China of any State in amity with His Majesty.
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913 353
t 5.—If any person subject to the jurisdiction of the Court does any act in
elation to proceedings in a Chinese Court, or before a Chinese judicial officer, or in
CCourt or before a judicial officer in China of any State in amity with His Majesty,
rrhich, if done in the course of or in relation to any proceedings in the Court, would
ave been punishable as an offence, such person shall be guilty of an offence, and
shall be liable, on conviction, to such punishment as he would have been liable to if
he offence had been committed in the course of, or in relation to, proceedings in the
j 6.—When a British subject is accused of an offence, the cognizance whereof
appertains to any Court established under the Principal Order, and it is expedient
what the offence be enquired of, tried, determined, and punished in a British
a *ossession, the accused may (under “ The Foreign Jurisdiction Act, 1890,” section
>) be sent for trial to Lahore, and the Chief Court of the Punjab shall be the
authorized Court for the purposes of that enactment.
The Court may, where it-appears to be so expedient, by warrant under the hand
>F a Judge and the Seal of the Court, cause the accused to be sent for trial to Lahore
iccordingly.
The warrant shall be sufficient authority to any person to whom it is directed
to receive and detain the person therein named, and to carry him to and deliver him
at Lahore, according to the Warrant.
When any person is to be so sent to Lahore, the Court before which he is
iccused shall take the preliminary examination, and, if it seems necessary and
proper, shall bind over such of the proper witnesses as are British subjects in their
own recognizances to appear and give evidence at the trial.
Nothing in this Article shall affect the operation of Article 50 of the Principal
Order.
Appeals in Criminal Cases.
7. —Any person who is convicted of an offence on a trial under Article
the Principal Order, or who is sentenced on a conviction for an offence under Article
48 of the Principal Order, to be imprisoned without the option of a fine, may appeal
to the Full Court—
(i.) Against his conviction—
(a) On any ground of appeal which involves a question of law alone; or
(b) With the leave of the Full Court, or upon the certificate of the Court
which tried him that it is a fit case for appeal, against his conviction
on any ground of appeal which involves a question of fact alone, or a
question of mixed law and fact; or
(c) With the leave of the Full Court on any other ground which appears to
the Full Court to be a sufficient ground of appeal.
(ii.) With the leave of the Full Court, against the sentence passed on his con-
viction, unless the sentence is one fixed by law.
8. After the hearing and determination at a summary trial under Article 48 of
the Principal Order of any information or complaint, either party to such summary
trial may, if dissatisfied with the said determination as being erroneous in point of
law, appeal to the Full Court.
9. —(1) When a person desires to appeal to the Full Court under Articles
he shall give notice of his appeal, or of his application for leave to appeal, to the
Court against whose judgment or sentence he desires to appeal, in such manner as
may be prescribed, within seven days of the date of his conviction or of the deter-
mination of an information or complaint.
(2) An appellant may, in such manner as may be prescribed, present his case
and his argument in writing, and deliver the same to the Registrar of the Court be-
fore which the trial took place. The respondent may in like manner present his
12
354 THE CHINA (AMENDMENT) ORDEE IN COUNCIL, 1913
case and argument in writing, and deliver the same to the Registrar of the said
Court.
(3) Such Court shall thereupon send under the seal of the Court to the Re-
gistrar of the Supreme Court the notice, the case, and the argument, if any, and a
report by the Judge who presided at the trial, together with such other papers and in
such manner as may be prescribed.
(4) Where the trial took place before a Judge of the Supreme Court, sitting
elsewhere than at Shanghai, the papers may be transmitted to the Registrar of the
Supreme Court through the Provincial Court of the district.
10. Where notice is given under Article 9, the Court before which the trial was
had may, as it thinks fit, either postpone judgment or the conviction or respite exe-
cution of the judgment, and either commit the person convicted to prison or take
security for him to come up for judgment, or to deliver himself for execution of the
judgment (as the case may require) at an appointed time and place.
11. An appellant shall not be entitled to be present at the hearing of an Appeal
except by leave of the Full Court, or of the Court before which he was convicted.
12. —(1) Appeals under Articles 7 and 8 of this Order s
mined by the Full Court.
(2) In the hearing and determination of such Appeals the Full Court shall, so
far as circumstances admit, follow the practice of the Court of Criminal Appeal in
England and the provisions contained in sections 1 (5), 4, 5, 6, 8, 9, 11 (2), 14 (2)
(3), 17, and 21 of the Criminal Appeal Act, 1907, or of any law amending or sub-
stituted for the same.
(3) Provided that the Full Court shall not annul a conviction or sentence, or
vary a sentence, on the ground—
(a) Of any objection which, if stated during the trial, might, in the opinion
of the Court, have been properly met by amendment at the trial; or
(5) Of any error in the summoning of the jury or the assessors ; or
(c) Of any person having served as a juryman or an assessor who was not
qualified; or
(d) Of any objection to any person as a juryman or assessor which might
have been raised before or at the trial; or
(e) Of any informality in the swearing of any witness; or
(/) Of
affectanytheerror or informality
substance which,or subject
of the case in the opinion of the Court,
the convicted persondid not
to any
undue prejudice.
(4) The Full Court shall not award costs to either side in an Appeal under this
part of the Order save in an Appeal under Article 8.
13. The power of the Judge of the Supreme Court, under Article 119 of the
Principal Order, to make rules of Court shall extend to rules for the purpose of re-
gulating the manner of presenting Appeals, as to the papers which are to be sent to
the Full Court, and the transmission of the same, and generally as to the conduct of
Appeals and all matters connected therewith.
14. Article 52 of the Principal Order shall apply to all proceedings before the
Full Court under this Order.
15. When notice has been given of any Appeal or application for leave to appeal,
the Judge of the Supreme Court shall, save where the trial took place before himself,
have power, for reasons to be recorded in the minutes, to order that it shall be heard
and determined or dealt with in the manner provided in this Order by himself alone
instead of by the Full Court.
16. Where a person is convicted of any offence before any Court, if the Judge
of such Court thinks fit to reserve for the consideration of the Full Court any ques-
tion of law arising at the trial, he shall state a case, setting out the facts and the
i; THE CHINA (AMENDHIFENT) OfePEB IN COtryCIL, 1913 355
■{grounds of the conviction, and the question of law, and send or deliver it to the Re-
igistrar of the Supreme Court.
The jurisdiction of the Full Court under this Article shall be exercised subject
to the provisions of this Order.
17. There shall be no Appeal in a criminal case to His Majesty the King in
jfCouncil from a decision of the Full Court or from a decision of the Judge alone
rjunder Article 15, except by special leave of His Majesty in Council.
18. Reports to the Minister under Article 64 of the Principal Order of sentences
(of death shall not be sent until the expiration of the time allowed for an Appeal, or
x for applying for leave to appeal, against the conviction, or, if there is an Appeal,
t. until the determination of the Appeal.
App£als_to His Majesty in Council.
19. Subject to the provisions of this Order, an Appeal shall lie to His Majesty
j in Council—
(1) As of right, from any final judgment of the Supreme Court made in a
civil action, where the matter in dispute on the Appeal amounts to or
is of the value of <£500 or upwards, or where the Appeal involves,
directly or. indirectly, some claim or question to or respecting property
or some civil right amounting to or pf the value of £500 or upwards;
and
(2) At the discretion of the Supreme Court, from any other judgment ot
the Supreme Court, whether final or interlocutory, if, in the opinion
I the Supreme Court, the question involved in the Appeal is one which,
by reason of its great general or public importance or otherwise, ought
to be submitted to His Majesty in Council for decision.
20. Applications to the Supreme Court for leave to appeal shall be made by
motion within fifteen days from the date of the judgment to be appealed from, and,
unless the application is made in Court at the time when such judgment is given,
I the applicant shall give the opposite party notice of his intended application.
21. Leave to appeal under Article 13 shall only be granted by the Supreme
I Court in the first instance—
(a) Upon condition of the appellant, within two months from the date of
the hearing of the application for leave to appeal, giving security, to
the satisfaction of the Court, to an amount not exceeding £500, for the
due prosecution of the Appeal, and for the payment of all such costs
as may become payable to the respondent in the event of the appellant’s
not obtaining an order granting him final leave to appeal, or of the
Appeal being dismissed for non-prosecution, or of His Majesty in
Council ordering the appellant to pay the respondent’s costs of the
Appeal (as the case may be) ; and
(b) Upon such other conditions (if any) as to the time or times within
which the appellant shall take the necessary steps for the purpose of
procuring the preparation of the Record and the dispatch thereof to
England as the Court, having regard to all the circumstances of the
case, may think it reasonable to impose.
22. Where the judgment appealed from requires the appellant to pay money or
perform a duty, the Supreme Court shall have power, when granting leave to appeal,
either to direct that the said judgment shall be carried into execution or that the
execution thereof shall be suspended pending the Appeal, as to the Court shall seem
just, and in the case the Court shall direct the said judgment to be carried into
execution, the person in whose favour it was given shall, before the execution thereof,
enter into good and sufficient security, to the satisfaction of the Court, for the duo
performancs of such order as His Majesty in Council shall think fit to make thereon.
12»
356 THE CHINA. (AMENDMENT) ORDER IN COUNCIL, 1913
23. The preparation of the Record shall be subject to the supervision of the
Supreme Court, and the parties may submit any disputed question arising in con-
nection therewith to the decisions of the Court, and the Court shall give such direc-
tions thereon as the justice of the case may require.
24. The Registrar, as well as the parties and their legal agents, shall endeavour
to exclude from the Record all documents (more particularly such as are merely
formal) which are not relevant to the subject-matter of the Appeal, and, generally,
to reduce the bulk of the Record as far as practicable, taking special care to avoid
the duplication of documents and the unnecessary repetition of headings and other
merely formal parts of documents; but the documents omitted to be copied or printed
shall be enumerated in a list to be placed after the index or at the end of the Record.
25. Where in the course of the preparation of a Record one party objects to the
inclusion of a document on the ground that it is unnecessary or irrelevant, and the
other party nevertheless insists upon its being included, the Record, as finally
printed, shall, with a view to the subsequent adjustment of the costs of and incidental
to such document, indicate in the index of papers, or otherwise, the fact that, and
the party by whom, the inclusion of the document was objected to.
26. The Record shall be printed in accordance with the rules in the Schedule
to this Order, and may be printed either locally or in England.
27. Where the Record is printed locally the Registrar shall, at the expense of
the appellant, transmit to the Registrar of the Privy Council forty copies of such
Record, one of which copies he shall certify to be correct by signing his name on,
or initialling, every eighth page thereof, and by affixing thereto the seal of the
Supreme Court.
28. Where the Record is to be printed in England, the Registrar shall, at the
expense of the appellant, transmit to the Registrar of the Privy Council one certified
copy of such Record, together with an index of all the papers and exhibits in the
case. No other certified copies of the Record shall be transmitted to the agents in
England by or on behalf of the parties to the Appeal.
29. Where part of the Record is printed locally and part is to be printed in
England, Articles 21 and 22 shall, as far as practicable, apply to such parts as are
printed locally and such as are to be printed in England respectively.
30. The reasons given by the Judge, or any of the Judges, for or against any
judgment pronounced in the course of the proceedings out of which the Appeal arises,
shall, unless they are included in the Record, be communicated in writing by such
Judge or Judges to the Registrar, and shall by him be transmitted to the Registrar
of the Privy Council at the same time when the Record is transmitted.
31. Where there are two or more applications for leave to appeal arising out of
the same matter, and the Supreme Court is of opinion that it would be for the con-
venience of the Lords of the Judicial Committee and all parties concerned that the
Appeals should be consolidated, the Court may direct the Appeals to be consolidated,
and grant leave to appeal by a single order.
32. An appellant, who has obtained an order granting him conditional leave to
appeal, may at any time prior to the making of an order granting him final leave to
appeal withdraw his Appeal on such terms as to costs and otherwise as the Supreme
Court may direct.
33. Where an appellant, having obtained an order granting him conditional leave
to appeal, and having complied with the conditions imposed on him by such order,
fails thereafter to apply with due diligence to the Supreme Court for an oi'der grant-
, ing him final leave to appeal, the Court may, on an application in that behalf made
by the respondent, rescind the order granting conditional leave to appeal, notwith-
standing the appellant’s compliance with the conditions imposed by such order, and
may give ;sueh directions as to the costs of the Appeal and the security entered into
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913 357
nj the appellant as the Court shall think fit, or make such further or other order in
S>he premises as, in the opinion of the Court, the justice of the case requires.
34. On an application for final leave to appeal, the Supreme Court may inquire
[Whether notice, or sufficient notice, of the application has been given by the appellant
|o all parties concerned, and, if not satisfied as to the notices given, may defer the
[granting of the final leave to appeal, or may give such other directions in the matter
as, in the opinion of the Court, the justice of the case requires.
35. An appellant who has obtained final leave to appeal shall prosecute his
■Appeal in accordance with the rules for the time being regulating the general practice
and procedure in Appeals to His Majesty in Council.
36. Where an appellant, having obtained final leave to appeal, desires, prior to
the dispatch of the Record to England, to withdraw his Appeal, the Supreme Court
may, upon an application in that behalf made by the appellant, grant him a certificate
to the effect that the Appeal has been withdrawn, and the Appeal shall thereupon be
deemed, as from the date of such certificate, to stand dismissed without express Order
of His Majesty in Council, and the costs of the Appeal and the security entered into
by the appellant shall be dealt with in such manner as the Court may direct.
> 37. Where an appellant, having obtained final leave to appeal, fails to show due
■diligence in taking all necessary steps for the purpose of procuring the dispatch of
the Record to England, the respondent may, after giving the appellant due notice of
his intended application, apply to the Supreme Court for a certificate that the Appeal
has not been effectually prosecuted by the appellant, and if the Court sees fit to grant
such a certificate, the Appeal shall be deemed, as from the date of such certificate, to
stand dismissed for non-prosecution without express Order of His Majesty in Council,
and the costs of the Appeal and the security entered into by the appellant shall be
•dealt with in such manner as the Court may direct.
38. Where at any time between the order granting final leave to appeal and the
dispatch of the Record to England the Record becomes defective by reason of the
death, or change of status, of a party to the Appeal, the Supreme Court may, notwith-
standing the order granting final leave to appeal, on an application in that behalf
made by any person interested, grant a certificate showing who, in the opinion of the
Court, is the proper person to be substituted or entered on the Record in place of, or
in addition to, the party who has died, or undergone a change of status, and the name
of such person shall thereupon be deemed to be so substituted or entered on the Re-
cord as aforesaid without express Order of His Majesty in Council.
39. Where the Record subsequently to its dispatch to England becomes defective
by reason of the death, or change of status, of a party to the Appeal, the Supreme
Court shall, upon an application in that behalf made by any person interested, cause
a certificate to be transmitted to the Registrar of the Privy Council showing who, in
the ©pinion of the Court, is the proper person to be substituted, or entered, on the
Record, in place of, or in addition to, the party who has died or undergone a change
•of status.
40. The Case of each party to the Appeal may be printed either locally or in
■ England, and shall, in either event, be printed in accordance with the rules in the
Schedule to this Order, every tenth line thereof being numbered in the margin, and
shall be signed by at least one of the Counsel who attends at the hearing of the
Appeal, or by the party himself if he conducts his Appeal in person.
41. The Case shall consist of paragraphs numbered consecutively, and shall state,
as concisely as possible, the circumstances out of which the Appeal arises, the con-
tentions to be urged by the party lodging the same' and the reasons of appeal. Re-
ferences by page and line to the relevant portions of the Record as printed shall, as
far as practicable, be printed in the margin, and care shall be taken to avoid, as far
as possible, the reprinting in the Casi of long extracts from the Record. The taxing
•officer, in taxing the costs of the Appeal, shall,- either of his own motion, or at the
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913
instance of the opposite party, inquire into any unnecessary prolixity in the Case, and
shall disallow the costs occasioned thereby.
42. Where the Judicial Committee directs a party to bear the costs of an Appeall
incurred in China, such costs shall be taxed by the proper officer of the Supreme Court in
accordance with the rules for the time being regulating taxation in the Supreme Court.)
43. The Supreme Court shall execute any Order which His Majesty in Council;|
may think fit to make on an Appeal from a judgment of the Supreme Court in like)
manner as any original judgment of the Supreme Court should or might have been)
executed.
Consular Registers of Companies.
44. A register of companies incorporated or registered in the United Kingdom]
or in any British possession and carrying on business in China shall be kept in the!
office of every Consulate in China.
45. The Consulate at which companies shall be registered shall be that in the:
district of which their chief local office is situated, or their business is chiefly carriedS
on, and notice shall be given at the Consulate of any other district in which the com-.'
pany is also carrying on business as to the place at which the company is so registered.]
46. On the registration of a company at a Consulate there shall be deposited
and filed in the office of the Consulate a copy of the certificate of incorporation of”
the company, or other document corresponding thereto, a copy of the memorandum i
and articles of association or other documents corresponding thereto, a statement;
showing the nominal capital of the company, and the amounts thereof which have
been subscribed and paid up respectively, and, if the company has been incorporated
under a law which provides for the periodical filing of a list of the shareholders, a
copy of the last list so filed.
47. The consular officer shall, on the registration of a company at the Consulate,:
issue to the person making the registration a certificate, signed and sealed with the
consular seal, that the company has been so registered.
48. —(1) Every company registered under this Ord
and address of the manager or other chief local representative in China, and shall;
from time to time, as may be necessary, register any alteration of the representative |
of the company or in his address. Names and addresses so registered shall be open I
to the inspection of the public.
(2) Rules of Court made under Article 119 of the Principal Order may provide:
that service of writs, notices, or other documents upon the person registered under;
this Article, or at his address, shall be good service of such documents upon the
company.
49. Registration of a company under this Order shall not require to be renewed j
annually, but may be renewed from time to time as the parties may desire, and must
be renewed when any change takes place in the name of the company.
50. On every registration of a company under this Order, and on every renewal
thereof, there shall be payable a fee of =£1, and on every registration under Article 41
there shall be payable a fee of 2s.
51. — (1) A company shall not be entitled to be recog
British company unless it is registered under this Order, but shall, although not SO'
registered, be subject to the jurisdiction of His Majesty’s Courts in China.
(2) Nothing in this Article shall affect the right of the Secretary of State to
direct that British protection shall not be accorded to a company, even though it has
been registered under this Order.
Orders of a Court of Consuls.
52. —(1) Where by agreement among the diplomatic rep
foreign States, Regulations have been, or are, made for the establishment, control or
procedure of a Court of Consuls, or other like Court, to deal with disputes or suits
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913
’jfolatiiting to the property or proceedings of any board, committee, association or other
ake group of persons which has been appointed for public purposes at any treaty
art or foreign settlement or concession in China, and on which other nations besides
reat Britain are represented, and such Regulations have been or are approved by
lie Secretary of State, the jurisdiction of the said Court shall not, so far as persons
ibject to the Principal Order are concerned, be deemed to conflict with Article 6 of
lie Principal Order, and the Court shall enforce on all persons subject to its
irisdiction the orders and decrees of such Court of Consuls or other like Court.
(2) Regulations approved by the Secretary of State under this Article shall be
ublished in the same manner as King’s Regulations.
53—(1) Articles 85, 86, 87, 115, and 116 of the Principal Order are hereby
epealed, but such repeal shall not—
(a) Affect the past operation of such Articles or any right, title, obligation,
or liability thereunder ; or
(b) Interfere with the institution or prosecution of any legal proceedings
thereunder.
(2) Appeals in criminal cases and Appeals to His Majesty in Council com-
inced under any Articles hereby repealed shall be continued so far as is practicable
accordance with this Order.
And the Right Honourable Sir Edward Grey, Baronet, K.G., one of His
[ajesty’s Principal Secretaries of State, is to give the necessary directions herein.
Almeric Fitzroy.
SCHEDULE
1. Records and Cases of Appeals to His Majesty in Council shall be printed in
the form known as Demy Quarto. *
2. The size of the paper used shall be such that the sheet, when folded and
trimmed,
1 will be 11 inches in height and Si inches in width.
3. The type to be used in the text shall be pica type, but long primer shall be
used in printing accounts, tabular matter, and notes.
4. The number of lines in each page of 'pica type shall be forty-seven or there-
abouts, and every tenth line shall be numbered in the margin.
THE CHINA (AMENDMENT) ODDER IN COUNCIL, 1914
At the Court at Buckingham Palace, the 30th day of March, 1914
Present :—
The King’s Most Excellent Majesty
Lord President Lord Colebrooke
Viscount Knollys Lord Emmott.
Whereas by treaty, grant, usage, sufferance, or other lawful means His Majesty
the King has jurisdiction in China:
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is
360 THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1914
pleased, by and with the advice of His Privy Council, to order, and it is hereby
ordered, as follows:—
1. This Order may be cited as “The China (Amendment) Order in Council, 1914,”
and shall be read as one with the China Order in Council, 1904, hereinafter referred
to as the “ Principal Order,” and this Order and the China Orders in Council, 1904
to 1913, may be cited together as the “ China Orders in Council, 1904 to 1914.”
2. —(1) In addition to the documents to be deposited and
consulate, in accordance with Article 46 of the China (Amendment) Order in
Council, 1913, on the registration of a company in accordance with the provisions of
that Order, there shall be deposited and filed a list of the directors of the company
showing in respect of each director his full name and nationality and his address.
(2) Every company registered under the China (Amendment) Order in Council,
1913, shall register in the month of January in every year a list of the directors of
the company, showing in respect of each director his full name and nationality and
his address, and shall from time to time, as may be necessary, register any altera-
tions in such list.
(3) On every registration under sub-article (2) of this article there shall be
payable a fee of 2s.
3. Where any municipal regulations or byelaws have been established for any
foreign concession in China the Court may entertain a complaint against a British
subject for a breach of such municipal regulations or byelaws, and may enforce
compliance therewith.
Provided—
(1) That the said municipal regulations or byelaws have been accepted by
His Majesty’s G-overnment. Acceptance of the municipal regulations
or byelaws of a foreign concession by His Majesty’s Government shall
be signified by a copy thereof being exhibited and kept exhibited in
the public office of His Majesty’s consulate at such treaty port.
(2) That no punishment other in nature or greater in degree than that
provided by the Principal Order shall be imposed.
(3) That the Court is satisfied that effectual provision exists for the
punishment in the Court of the foreign Powers whose municipal
regulations or byelaws it is sought to enforce of breaches by the
subjects or citizens of that Power of the municipal regulations or
byelaws of British concessions in China.
4. In article 21 of the China (Amendment) Order in Council, 1913, the reference
to article 13 should be read as a reference to article 19, and in article 29 the
references to articles 21 and 22 should be read as references to articles 27 and 28
and in article 50 the reference to article 41 should be read as a reference to article 48’>
And the Eight Honourable Sir Edward Grey, Baronet, K.G., one of Hia
Majesty’s Principal Secretaries of State, is to give the necessary directions herein.
Almeeic Fitzeot.
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 191&
By this Order Article 3 of “ The China (Amendment) Order in Council, 1914,”
was repealed.
OHINA (AMENDMENT No. 2) ORDER IN COUNCIL, 1920
ftffl At the Court at Buckingham Palace, the 9th day op November, 1920
Present
The King’s Most Excellent Majesty in Council
Whereas by treaty, grant, usage, sufferance, and other lawful means, His
Majesty the King has jurisdiction in China: «
Now, therefore, His Majesty, by virtue and in exercise of the powers in that
d;behalf by “The Foreign Jurisdiction Act, 1890,” or otherwise, in His Majesty
a vested, is pleased by and with the advice of His Privy Council to order, and it is
i hereby ordered, as follows:—
1. This Order may be cited as “The China (Amendment No. 2) Order in
'0 Council, 1920,” and shall be read as one with “ The China Order in Council, 1904 ”
* {hereafter called the “ Principal Order”), and with any Order amending the same,
fl v 2. The words in Article 101 of the Principal Order “ except the jurisdiction
relative to dissolution, or nullity, or jactitation of marriage ” are hereby repealed.
3. This Order shall take effect on the day on which it is first exhibited in the
Public Office of the Supreme Court at Shanghai.
And the Bight Honourable George Nathaniel, Earl Curzon of Kedleston, one of
His Majesty’s Principal Secretaries of State, is to give the necessary directions
herein.
Almeric Fitzroy.
Rules of Court drawn up under this Order by Judge Skinner Turner were
published in the Hongkong Government Gazette on June 10th, 1921.
THE CHINA (AMENDMENT) ORDER IN COUNCIL
No. 3, 1920
At the Court at Buckingham Palace, the 21st day qp December, 1920
Present :—
The King’s Most Excellent Majesty in Council
Whereas by Treaty, grant, usage, sufferance, and other lawful means, His
Majesty the King has jurisdiction in China :
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by “ The Foreign Jurisdiction Act, 1890,” or otherwise, in His Majesty vested,
is pleased, by and with the advice of his Privy Council, to order, and it is hereby
Ordered, as follows :—
1. This Order may be cited as “The China (Amendment) Order in Council,
No. 3, 1920,” and shall be read as one with “ The China Order in Council, 1904 ”
(hereinafter called the “ Principal Order ”), and with any Order amending the same,
%nd the provisions of Article 170 of the Principal Order shall in particular apply to
this Order.
2. Every person subject to the criminal jurisdiction of the Court who has acted,
is acting, or is about to act in a manner prejudicial to the public safety, or to the
defence, peace or security of His Majesty’s Dominions, or of any part of them.
362 THE CHINA (AMENDMENT) ORDER IN COUNCIL No 3, 1920
shall be guilty of a grave offence against the Prineip ii Order, and may, in addition
to, or in lieu of, any other punishment, be ordered to give security for good
behaviour or to be deported.
3. Every person subject to the criminal jurisdiction of the. Court who prints, |
publishes, or offers for sale any printed or written newspaper or other publication
containing seditious matter, or has in his possession with intent to publish or dis- ■!
tribute any such newspaper or other publication, shall be guilty of a grave offence 1
against the Principal Order, and may, in addition to, or in lieu of, any other '
punishment, be ordered to give security for good behaviour or to be deported.
4. In addition and without prejudice to any powers which the Court mav
possess to order the exclusion of the public from any proceedings, if, in the course ]
of the trial of a person for an offence under this Order, application is made by the )
prosecutor, in the interests of national safety, that all or any portion of the public |
should be excluded during any part of the hearing, the Court may make an order to j
that effect, but the passing of sentence shall in any case take place in public.
5. Article 2 (1) of “The China and Corea (Amendment) Order in Council, ;
1909,” and the whole of “ The China (War Powers) Order in Council, 1917,” are
hereby repealed, but this repeal shall not (a) affect the past operation thereof or
any right, title, obligation or liability thereunder; or (b) interfere with the institu- !
tion or prosecution of any legal proceeding thereunder.
6. This order is in substitution for “ The China (Amendment) Order in Coun- j
cil, 1920,” which has not taken effect and is hereby revoked.
And the Eight Honourable George Nathaniel, Earl Curzon of Kedleston, K.G.,
&c., one of His Majesty’s Principal Secretaries of State, is to give the necessary ;
directions herein.
Almeric Fitzroy. ;
THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1921
At the Court at Buckingham Palace, the 13th day of December, 1921
Present :
The King’s Most Excellent Majesty
Earl of Lytton Sir Frederick Ponsonby
Mr. Secretary Shortt Mr. Chancellor of the Exchequer
Whereas by treaty, grant, usage, sufferance or other lawful means, His
Majesty the King has jurisdiction in China:
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested,
is pleased, by and with the advice of His Privy Council, to order, and it is hereby
ordered, as follows:—
’ 1.—(1) This Order may be cited as “ The China (Amendment) Order in
Council, 1921,” and shall be read as one with the China Order in Council, 1904 (in
this Order referred to as “the Principal Order”), and the said Order and any
other Orders in Council amending the said Order may be cited together as “The
China Orders in Council, 1904 to 1921.”
(2) This Order shall not apply to places within the limits of the Consular
District of Kashgar.
I THE CHINA (AMENDMENT; ORDER IN COUNCIL, 1921 363
2. —The following provisions are substituted for Article 162 of the
i &*rder:—
(1) A register of British subjects shall be kept in the office of every
I Consulate in China.
(2) Every British subject resident in China shall, in the month of
January of each year, be registered at the Consulate of the Consular District
I within which he resides, provided that if some other Consulate is more easy of
access, he may, with the assent of the Consular Officer, be registered there. A
British subject arriving in China must apply for registration within one
month after his arrival; provided that a person who fails to apply for or to
obtain registration within the time limited by this Article may be registered at
any time if he excuses his failure to the satisfaction of the Consular Officer.
(3) Where a person is in possession of a valid British passport, the
Consular Officer shall, on the first registration of any such person, endorse on
the passport without further fee than that provided for in sub-article (6)
hereunder a certificate of registration in such form as may be prescribed by the
Secretary of State. Where any such person applies for the renewal of the
registration and produces his passport, renewal of his registration need not
attend personally unless that provided for in sub-article (6) hereunder be
endorsed thereon.
(4) Every person who has not previously been registered applying to be
registered under this Order shall, unless excused by the Consular Officer,
attend personally for that purpose at the Consulate, but any person applying
for the renewal of his registration need not attend personally unless directed
by the Consular Officer so to do, provided that the registration of the wife or
wives of a man who is registered under this Order may, if living with him, be
effected without their personal attendance being required, and provided also
that the registration of minors, being his relatives in whatever degree, living
•with the head of a family who is registered under this Order may, if living with
him, be effected without attendance being required.
(5) A person registered in any register of British subjects established
under the provisions of any Order in Council which have been repealed shall be
registered under the provisions of this Order, unless the Consular Officer is
satisfied after inquiry that the previous registration was erroneous or that such
person is not entitled to registration under the provisions of this Order.
(6) Every person shall, on every registration of himself, and on every
renewal of the registration, pay a fee of two dollars, or such other fee as the
Secretary of State from time to time appoints. The amount of the fee may be
uniform for all persons, or may vary according to the position and circumstances
of different classes, if the Secretary of State from time to time so directs, but'
may not in any case exceed four dollars.
(7) Where any person applies to be registered he shall be entitled without
a fee to the assistance of the Consular Officer in the preparation of any
affidavit that may be required.
(8) The Consular Officer may require the production of such evidence
that an applicant for registration is entitled to the status of a British subject
as he may see fit, but subject to such directions as may be issued by the
Secretary of State.
(9) If any British subject neglects to obtain registration under the
provisions of this Order, he shall not be entitled to be recognised or protected
as a British subject in China, and shall be liable to a fine not exceeding twenty
dollars for each instance of such failure, but he shall, although not registered,
be subject to the jurisdiction of his Majesty’s Courts in China.
3. —From and after the commencement of this Order, Article 1
Principal Order is hereby repealed, but such repeal shall not prejudice any rights,
■Obligations or liabilities accrued thereunder.
THE CHINA (COMPANIES) ORDER IN COUNCIL, 1915
At the Court at Buckingham Palace, the 30th day of November, 1915
Present :—
Lord President. Mr. Chancellor of the Duchy of Lancaster.
Lord Stamfordham. Sir Frederick Ponsonby.
Whereas by Treaty, grant, usage, sufferance, and other lawful means Hia
Majesty the King has jurisdiction in China:
And whereas it is desirable to make further provision with reference to the
exercise of jurisdiction over British Companies carrying on business within the
limits of this Order :
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by “ The Foreign Jurisdiction Act, 1890 ” or otherwise, in His Majesty
vested, is pleased, by and with the advice of His Privy Council, to order, and it is
hereby ordered, as follows :—
1. —This Order may be cited as “ The China (Companies)
1915,” and shall be read as one with the “ China Order, 1904” (hereinafter called
the “ Principal Order ”), and with any Order amending the same.
2. —In this Order—
“ The Ordinance ” means “The Companies Ordinance, 1911, of the Colony
of Hongkong,” and includes any Ordinance amending or substituted for the
same.
“ The Life Insurance Companies Ordinance, ” means the Life Insurance
Companies Ordinance, 1907, of the Colony of Hongkong, and includes any
Ordinance amending or substituted for the same.
“ China Company ” means a Company limited by shares or by guarantee
incorporated under the Ordinance, and the operations of which are directed
and controlled from some place within the limits of this Order.
“ Hongkong China Company ” means a Company incorporated under the
Ordinance which carries on some part of its business within the limits of this
Order, and the operations of which are directed and controlled from some place
in Hongkong.
“ British Company ” means a Company incorporated in the United King-
dom, or in a British Possession, and includes a China Company and a Hong-
kong China Company.
3. —(1.) The Consul-General at Shanghai, including any per
Consul-General, shall be Registrar of Companies at Shanghai.
(2) All acts done within tlie limits of this Order in pursuance of the provisions
of the Ordinance or of the Life Insurance Companies Ordinance by, to, with, or
before the Registrar of Companies at Shanghai, shall, subject to the provisions of
this Order, be of the same force and validity as if they had been done by, to, with,
or before the Registrar of Companies in Hongkong. 5
THE CHINA (COMPANIES) ORDER IN COUNCIL, 1915 365
(3) The Registrar of Companies at Shanghai shall he entitled to initiate such
proceedings in the Court as he may think necessary to enforce compliance with the
provisions of this Order on the part of British Companies in China.
4. —The Judge may by Rules of Court confer upon Provincial Cou
tion in matters dealt with in the Ordinance, and may specify in such Rules the
arljourts by which, and the classes of cases in which, such jurisdiction shall be
Tjprercised, but subject thereto the jurisdiction conferred by the Ordinance upon any
i odourt shall within the limits of this Order be exercised by the Supreme Court.
5. —In all matters relating to a Hongkong China Company the jur
«Mtlie Supreme Court and of the Supreme Court of Hongkong shall be concurrent,
btfand the said two Courts shall in all respects be auxiliary to each other.
6. —Where any proceedings relating to a Hongkong China Company
inding up of any such Company, are commenced in the Supreme Court, and it
[appears that the principal part of such Company’s business is carried on within the
llimits of Hongkong, or that for any other reason such proceedings might more con-
veniently be carried on at Hongkong, the Supreme Court may, of its own motion, or
oa the application of any party, make an Order transferring the proceedings to the
Supreme Court of Hongkong.
7. —The Supreme Court shall enforce within the limits of this Orde
or Decree made by the Supreme Court of Hongkong in the course of any proceed-
ings relating to a Hongkong Ch na Company, or for the winding up of any such
Company.
8. — (1.) The majority of the Directors of a China Company shal
Subjects resident within the limits of this Order.
(2.) If at any time the proportion of Directors who are British Subjects
resident within the limits of this Order falls to or below one-half, it shall be tli
duty of the Directors and also of the Shareholders of the Company to take within
30 days, or such further peried as the Court may allow, all necessary steps for the ap-
pointment of such number of Directors who are British Subjects resident within the
limits of this Order as may be necessary to comply with the provisions of this
article.
(3.) If default is made in compliance with this article the Company shall be
liable to a fine not exceeding 50 dollars for every day during which the default con-
tinues, and every Director and every Manager of the Company who knowingly
authorizes or permits the default shall be liable to the like penalty.
(4.) Failure to comply with the provisions of this article shall be a ground upon
which an Order for winding up the Company may be made by the Court.
9. —No person other than a British Subject shall be entitled to
auditor of a China Company. The appointment of any such person as the auditor
of a China Company shall be void, and any certificate or other document given, or
act done, by any person who is not a British Subject purporting to act as auditor
of a China Company shall not be held to comply with any requirements of the
Ordinance.
10. —No person other than a British Subject shall be appointed
the limits of this Order as liquidator of a British Company or as receiver or manager
on behalf of the debenture-holders of the property of a British Company except with
the sanction of the Court.
11. —(1) All documents and other written information which
required by the Ordinance to file with the Registrar of Companies shall, in the case
of a China Company, be filed with the Registrar of Companies at Shanghai, and a
copy of all such documents and other written information shall, in the case of a
Hongkong China Company, be filed with the Registrar of Companies at Shanghai.
363 THE CHINA (COMPANIES) ORDER IN COUNCIL* 1916
(2) If any Company to which this Article applies fails to comply with its
provisions, the Company and every Officer and Agent of the Company who is know- , >
ingly a party to, the default shall be liable to a fine not exceeding 50 dollars for i
every day during which such default has continued.
12. —The registered office of a China Company shall be s
limits of this Order.
13. —(1) No shares shall be issued by a China Company exc
paid up shares or upon the term that the shares shall be paid up in full within a
specified period not exceeding three months after allotment.
(2) Shares issued by a China Company otherwise than as fully paid up shares ;
shall be deemed to be issued upon the condition that if not paid for in full before the j
expiration of one week from the date upon which the final payment was due, they
shall be forfeited by the Directors, and it shall be the duty of the Directors at the
expiration o£ that period to forfeit the said shares. Notice of the forfeiture of any
such shares shall forthwith be given to the registered holder.
Any shares so forfeited shall be deemed to be the property of the Company, and ■
the Directors may sell, re-allot, or otherwise dispose of the same in such manner as -
they think fit. Certificates or other documents of title relating to shares forfeited
under this article shall be returned to the Company.
(3) Within one month of the expiration of the time allowed for the completion
of the payment of all sums due upon the shares, the Secretary of the Company shall
forward to the Eegistrar of Companies at Shanghai a return signed by the auditor
of the Company giving particulars of the shares issued, of the amounts paid thereon,
of the shares in respect of which default has been made in payment of sums due, and :
of the shares forfeited.
(4) If shares are issued by a China Company on terms which fail to comply
with the provisions of this article, or if other default is made in complying therewith,
the Company, and every Director, Manager, Secretary, and other Officer, who is |
knowingly a party to such issue or default, shall be guilty of an offence, and shall be
liable to a fine not exceeding 500 dollars for every day during which such offence i
continues.
(5) Where on application made it is established to the satisfaction of the Court !
that there has been a failure to comply with the provisions of this article through .
inadvertence or accidental miscalculation or from some other reasonable cause, and
not from any want of good faith, the Court may, if under all the circumstances it
considers it just so to do, give relief from any forfeiture or penalty which has been
incurred by the applicant, or to which he is, or may be, liable upon such terms as it j
may think fit.
(6) The provisions of this Article shall only apply to shares issued by a China
Company after the date when this Order comes into effect:
14. —(1) No China Company limited b guarantee shall be a
China without the consent of the Minister.
(2) As a condition of this consent the Minister may require that no persons
other than a British Subject shall be a Member of the Company, or that any Member
of the Company who is not a British Subject shall deposit in Court or give security
for or conform to such arrangement as the Minister shall*think fit, for ensuring the
payment of the amount for which he would be liable under the guarantee.
(3) If any China Company limited by guarantee operates in China without the
consent of the Minister, or if any terms imposed by him as a condition of his
consent are not complied with, the Company and every Director, or Manager, Secre-
tary, and other Officer, who is knowingly a party thereto, shall be guilty of an
offence, and shall be liable to a fine not exceeding 500 dollars for every day during
which such offence continues.
THE CHINA (COMPANIES) ORDEK IN COUNCIL, 1915 367
(4) Where on application made it is established to the satisfaction of the Court
i .chat there has been a failure to comply with the provisions of this article througli
inadvertence or accidental miscalculation or from some other reasonable cause, and
tlaot from any want of good faith, the Court may, if under all the cricurhstances it
Httsonsiders it just so to do, give relief from any forfeiture or penalty which has
ssbeen incurred by the applicant, or to which he is, or may be, liable upon such terms
l ;as it may think fit.
(5) The provisions of this article shall not apply to China Companies limited by
uj guarantee operating in China at the date of this Order.
15. —(1) Subject to the provisions of this Order, the jurisdicti
inn respect of all British Companies carrying on business in China shall be exercised,
a so far as circumstances admit, in conformity with the provisions of the Ordinance
inand of the Life Insurance Companies Ordinance, except that Section 16 of the Com-
Sj panies Amendment Ordinance, 1913, shall not apply in China.
(2) Where reference is made or inferred in any Section of the said Ordinances
}j to any other Ordinance of the Colony of Hongkong which does not apply within the
I limits of this Order, such Section shall be read as though the corresponding law or
R enactment applicable in England were referred to therein.
(3) The duties of the Governor, or of the Governor in Council, or of the Colonial
1 Treasurer under Sections 20, 21, 120 (4), 219, 253, and 255 of the Ordinance shall,
j within the limits of this Order, be exercised by the Minister, and under Sections 141
| (1), 149, 185, 217, and 261 shall within the limits of this Order be exercised by the
| Judge.
(4) In the application of the said Ordinance “legal practitioner” is substituted
| for “counsel ” or “solicitor ” or “ solicitor and counsel,” and “such newspaper as the
f Judge may direct” is substituted for “ The Gazette.”
(5) All offences under the said Ordinances made punishable by fine may, if
committed within the limits of this Order, be prosecuted summarily under Article
48 of the Principal Order, provided that the maximum fine which can be imposed in
the case of offences under the Ordinances tried summarily shall be <£200 instead of
<£20.
16. —(1) The power of the Judge under Article 119 of the Prin
make Rules of Court shall extend to any matter which under the Ordinance or under
the Life Insurance Companies Ordinance is to be regulated by Rules.
(2) Any Rules in force at Hongkong at the date of this Order relating to
matters dealt with in the said Ordinances shall, unless and until they are repealed by
Rules made under this Article, apply, so far as circumstances admit, within the limits
of this Order.
17. All fees prescribed by or under the Ordinance or by or under the Life
Insurance Companies Ordinance which are paid to the Registrar of Companies at
Shanghai shall be paid by him to the Colonial Treasurer at Hongkong.
18. Nothing in this Order shall prejudice or affect the jurisdiction of the
Supreme Court over British Companies other than China Companies and Hongkong
China Companies within the meaning of this Order.
19. This Order shall come into effect on the 1st day of January, 1916.
And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty’s
Prmcipal Secretaries of State, is to give the necessary directions herein.
Almeeic Eitzbot.
THE CHINA (COMPANIES) AMENDMENT ORDER IN
COUNCIL, 1919
At the Court at Buckingham Palace, the 9th day op October, 1919
Present :—
The King’s Most Excellent Majesty
Lord Steward Sir Francis Yilliers
Mr. Secretary Shortt Sir George Buchanan
Whereas by treaty, grant, usage, sufferance, and other lawful means, His
Majesty the King has j urisdiction in China:
And whereas it is desirable to make further provision with reference to the
exercise of jurisdiction over British companies carrying on business within the limits
of this Order :
How, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by “The Foreign Jurisdiction Act, 1890,” or otherwise, in His Majesty
vested, is pleased, by and with the advice of His Privy Council, to order, and it is
hereby ordered, as follows:—
1. This Order miy be cited as “ The China (Companies) Amendment Order in
Council, 1919,” and shall be read as one with “ The China (Companies) Order in
Council, 1915.”
2. In this Order:—
“ The Fire and Marine Insurance Companies Ordinance ” means “ The Fire
and Marine Insurance Companies Ordinance, 1917, of the Colony of
Hongkong,” and includes any Ordinance amending or substituted for
the same.
“The Ordinance” means “The Companies Ordinance, 1911, of the Colony
of Hongkong,” and includes any Ordinance amending or substituted
for the same.
3. Where the general or substantial control of the business of a Company incor-
porated under the Ordinance is exercised by a person or persons ordinarily resident
within the limits of this Order, such Company shall, irrespective of the place at which
the Board of Directors may meet, or of any other circumstances, be deemed to be a
Company of which the operations are directed and controlled from a place within the
limits of this Order and shall be a China Company within the meaning of “ The
China (Companies) Order in Council, 1915.”
4. (1.) No person, other than a British subject resident within the limits of
this Order, shall act as managing-director or in any position similar to that of
managing-director, or shall otherwise exercise general or substantial control of the
business of a China Company.
THE CHINA (COMPANIES) AMENDMENT ORDER IN COUNCIL, 1919 369
(2.) If default is mad.e in compliance with this Article the Company shall be
itSliable to a fine not exceeding 50 dollars for every day during whieh the default
n i-continues, and every director and every manager of the Company who knowingly
' i authorizes or permits the default shall be liable to the like penalty.
(3.) Failure to comply with the provisions of this Article shall be a ground
c# upon which an order for winding up the Company may be made by the Court.
(4.) This Article shall come into force 60 days after the publication of this
Hi Order.
5. All documents and other written information which a company is required
? >Q Company, be filed with the Registrar of Companies at Shanghai, and a copy of all
B| such documents and other written information shall, in the case of a Hongkong
81 China Company, be filed with the Registrar of Companies at Shanghai.
6. —(1.) The provisions of the Fire and Marine Insurance Comp
fsi shall be applied to China Companies and Hongkong China Companies.
(2.) All acts done within the limits of this Order in pursuance of the Fire
w and Marine Insurance Companies Ordinance by, to, with, or before the Registrar of
3 Companies at Shanghai shall, subject to the provisions of this Order, be of the
jg same force and validity as if they had been done by, to, with, or before the
Ifj Registrar of Companies in Hongkong.
(3.) The Registrar of Companies at Shanghai shall be entitled to initiate
y such proceedings as he may think necessary to enforce compliance with the pro-
visions of this Order.
7. —(1.) Subject to the provisions of this Order the jurisdiction
respect of China Companies and Hongkong China Companies shall be exercised, so
far as circumstances admit, in conformity with the provisions of the Fire and Marine
Insurance Companies Ordinance.
(2.) The duties of the Governor or of the Governor in Council under
Sections 5 (2), 5 (5), 6 (2), and 7 (1), and of paragraphs 2, 3 and 7 of the First
Schedule of the Fire and Marine Insurance Companies Ordinance shall, within the
limits of this Order, be exercised by the Minister.
(3.) All offences under the Fire and Marine Insurance Companies Ordinance
made punishable by fine may, if committed within the limits of this Order, be pro-
secuted summarily under Article 48 of “ The China Order in Council, 1904,”
provided that the maximum fine which can be imposed in the case of offences tried
summarily shall be <£200 instead of <£20.
8. All fees prescribed by or under the Fire and Marine Insurance Companies
■Ordinance which are paid to the Registrar of Companies at Shanghai shall be paid
by him to the Colonial Treasurer at Hongkong,
9. This Order shall come into effect on the first day of January, 1920.
And the Right Honourable Arthur James Balfour, O.M., one of His Majesty’s
Principal Secretaries of State, is to give the necessary directions herein.
Almeric Fitzroy
THE CHINA (TREATY OE PEACE) ORDER IN
COUNCIL, 1919
At the Court at Buckingham Palace, the 9th day op December, 191£-
Present :—
The King’s Most Excellent Majesty-
Lord President Lord Somerleyton
Lord Chamberlain Sir Frederick Ponsonby
Whereas at Versailles, on the 28th day of June, 1919, a Treaty of Peace with
Germany (hereinafter referred to as “the Treaty”) was signed on behalf of His
Majesty; and
Whereas it was provided in the Treaty that the property of German nationals j
within the territory or under the control of an Allied or Associated State might be ;
constituted a pledge for enemy liabilities upon the conditions laid down in the
Treaty; and
Whereas by the Treaty of Peace Act, 1919, it was provided that His Majesty
might make such appointments, establish such offices, make such Orders in Council,,
and do such things as appeared to Him to be necessary for carrying out the Treaty, :
and for giving effect to any of the provisions thereof; and
Whereas by Treaty, grant, usage, sufferance, or other lawful means His Majesty j
has power and jurisdiction in China; and
Whereas there is now in China certain property of German nationals under the ;
control of His Majesty, and it is expedient to make provision for charging such pro-
perty with the payment of the liabilities for which it may be constituted a pledge by |
the Treaty in the manner hereinafter provided :
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by the Foreign Jurisdiction Act, 1890, or otherwise in Him vested, is pleased,
by and with the advice of His Privy Council, to order, and it is hereby ordered, as
follows:—
1. All property rights aad interests in China belonging to German nationals at
the date when the Treaty comes into force (not being property rights or interests
acquired under any general licence issued by or on behalf of His Majesty) and the
net proceeds of their sale, liquidation, or other dealings therewith, so far as such
property rights and interests or such net proceeds are vested in or otherwise under
the control of the Custodian of enemy property or other British authority under the
Trading with the Enemy Acts or the Trading with the Enemy Regulations, are here-
by charged :—
(a) First, with payment of the amounts due in respect of claims by British
nationals with regard to their property rights and interests,
including companies and associations in which they are interested
in German territory, or debts owing to them by German nationals
THE CHINA (TREATY OF PEACE) ORDER IN COUNCIL, 1919 371
and with payment of any compensation awarded by the Mixed
Arbitral Tribunal or by an arbitrator appointed by that Tribunal
in pursuance of paragraph (e) of Article 297 of the Treaty, and
with payment of claims growing out of acts committed by the
German Government or by German authorities since the 31st
July, 1914, and before the 4th August, 1914.
(6) Secondly, with payment of the amounts due in respect of claims by
British nationals with regard to their property rights and interests
in the territories of Austria-Hungary, Bulgaria, and Turkey in so
far as those claims are not otherwise satisfied.
Provided that any particular property rights or interests so charged may at any
time, if the Minister thinks fit, be released from the charge so created.
2. In the application and enforcement of the charge created by this Order the
claims of or debts owing to British nationals resident or carrying on business in
'China shall enjoy priority over the claims of or debts owing to other British
nationals.
3. With a view to making effective and enforcing such charge as aforesaid:—
(а) Ho person shall, without the consent of the Custodian, transfer, part
with, or otherwise deal in any property, right, or interest subject
to the charge, and if he does so he shall be liable, on summary
conviction, to a fine not exceeding one hundred pounds, or to
imprisonment for a term not exceeding three months, or to both
such imprisonment and fine.
(б) Every person owning or having the control or management of any pro-
perty right or interest subject to the charge (including where the
property right or interest consists of shares, stocks, or other
securities issued by a company, municipal authority, or other body,
or any right or interest therein, such company, authority, or body)
shall, unless particulars thereof have already been furnished to the
Custodian in accordance with the Trading with the Enemy Acts,
1914 to 1918, or the Trading with the Enemy Consolidation
Regulations, 1918, within one month from the date when this
Order comes into operation, by notice in writing communicate the
fact to the Custodian, and shall furnish the Custodian with such
particulars in relation thereto as the Custodian may require, and
if any person fails to do so he shall, on summary conviction, be
liable to a fine not exceeding one hundred pounds.
(c) Where the property charged consists of inscribed or registered stock,
shares, or other securities, any company, municipal authority, or
other body by whom the securities were issued or are managed
shall, on application being made by the Custodian, enter the Cus-
todian in the books in which the securities are inscribed or
registered as the proprietor of the securities subject to the charge,
and the Custodian shall, subject to the consent of the Minister,
have power to sell or otherwise deal with the securities as pro-
prietor of which he is so registered or inscribed.
(d) The Minister may by order vest in the Custodian any property rights
and interests subject to the charge, or the right to transfer the
same, and for that purpose section 4 of the Trading with the
Enemy (Amendment) Act, 1916, shall apply as if such property
rights and interests were property belonging to an enemy or
enemy subject.
372 THE CHINA (TREATY OF PEACE) ORDER IN COUNCIL, 1919
(e) If,any person called upon to pay any money or to transfer or otherwise^
to deal with any property rights or interests has reason to suspect
that the same are subject to such charge as aforesaid, he shall,
before paying, transferring, or dealing with the same, report the
matter to the Custodian, and shall comply with any directions that
the Custodian may give with respect thereto.
4. All decisions of the Mixed Arbitral Tribunal constituted under Section VI of
Part X of the Treaty, if within the jurisdiction of that Tribunal, shall be final and.
conclusive, and binding on all courts.
5. For the purpose of enforcing the attendance of witnesses before the Mixed
Arbitral Tribunal, whether sitting in China or not, and compelling the production
before the Tribunal of documents, the Minister shall have power to issue orders
which shall have the like effect as if the proceedings before the Tribunal were an
action in the court and the order were a formal process issued by that court iu the
due exercise of its jurisdiction and shall be enforceable by that court accordingly,
and disobedience to any such order shall be punishable as contempt of court.
6. Sections IV, V, and VI of Part X of the Treaty relating to property rights
and interests, to contracts, prescriptions and judgments, and to the Mixed Arbitral
Tribunal, and all provisions of the said Treaty affecting or relating to the charge
created by this Order shall have full force and effect as law.
7. The time at which the periods of prescription or limitation of right of action
referred to in Article 300 of the Treaty shall begin again to run shall be at the ex-
piration of six months after the coming into force of the Treaty, and the period to be
allowed within which presentation of negotiable instruments for acceptance or pay-
ment, and notice of non-acceptance or non-payment or protest may be made under
Article 301, shall be six months from the coming into force of the Treaty.
8. Eules made during the war by any recognised Exchange or Commercial.
Association providing for the closure of contracts entered into before the war by an
enemy, and any action taken thereunder are hereby confirmed, subject to the pro-
visos contained iu paragraph 4 (a) of the Annex to Section V.of Part X of the
Treaty.
9. The power under Article 155 of the China Order in Council, 1904, or under
any Order amending the said Order, to make King’s Regulations shall extend to the
issue of regulations for the purpose of enforcing the charge created by this Order,
and for making such arrangements as may be required for establishing and
assessing the claims and debts for the payment of which the property charged is-
rendered liable, and for the payments, in whole or in part, of the sums due.
10. This Order may be cited as the China (Treaty of Peace) Order in
Council, 1919, and shall be read as one with the China Order in Council, 1904,
and with any Order amending the same.
11. This Order shall come into operation on the date when the Treaty of
Peace comes into force.
Almebic Fitzbot.
STATUTORY RULES AND ORDERS, 1909. No. 751
ITHE CHINA AND COREA (CONSULAR FEES) ORDER IN COUNCIL, 1909
At the Court at Buckingham Palace, the 28th day of June, 1909
Present :
The King’s Most Excellent Majesty in Council.
Whereas by “The Consular Salaries and Fees Act, 1891,” His Majesty the King
is authorized by Order in Council to fix the fees to be taken in respect of any matter
or thing done by a Consular officer in the execution of his office, and to vary such
I fees by way of increase or decrease, and to abolish fees and to create new fees;
And whereas it is expedient that the Table of Fees fixed by the China and Corea
(Consular and Marriage Fees) Order in Council, 1906, should, in certain respects, be
added to, and that fees should be created in respect of the attendance of Consular
officers in the Mixed Court at Shanghai, and in respect of the assistance rendered by
Consular officers to British litigants in such Court:
Now, therefore, in pursuance of the before-mentioned Act, His Majesty is-
pleased, by and with the advice of His Privy Council, to order, and it is hereby
ordered, as follows:
1. This Order may be cited as “ The China and Corea (Consular Fees) Order in-
Council, 1909.”
2. The several fees set forth in the Table annexed to this Order are hereby
established, and the said Table shall be construed as part of this Order.
8. This Order shall come into operation on such date as His Majesty’s Consul-
General at Shanghai shall appoint.
4. This Order shall extend to all places in China and Corea.
And the Right Honourable Sir Edward Grey, Baronet, one of His Majesty’s
Principal Secretaries of State, is to give the necessary directions herein.
A. W. Fitzroy.
SCHEDULE
Table of Consular Fees to be taken in respect of Assistance Rendered
by the Assessor in the Mixed Court at Shanghai.
1. On application to the Assessor for his request for the assistance of tho
Chinese authorities, including filing Petition:—
Where the amount involved is— s. d.
Under 10Z 2 6
10Z. and under 50Z 5 0
50Z. and under 100Z 7 6
100Z. or upwards 10 0
For each complete 100Z. not exceeding a total fee of 5Z.
2. On each subsequent communication in writing to the China
authorities 2 6
3. Hearing fee on each attendance of the Assessor at a sitting
of the Court 10 0
374 TABLES OF CONSULAK FEES
'(SSK"’
a^rtt!«asBjw#wsaws» “ "•
(To include the fee for inspection of ship’s papers. See No.46.)
TABLES OF CONSULAR FEES 37&
376 TABLES OF CONSULAR FEES
THE UNITED STATES COURT EOR CHINA
(Chapter 3934, Prescribing the Jurisdiction of the Court)
Be it Enacted by the Senate and House of Representatives of the United States-
( of America in Congress Assembled, That a Court is hereby established, to be called
4 the United States Court for China, which shall have exclusive jurisdiction in all
cases and judicial proceedings whereof jurisdiction may now be exercised by United
States Consuls and Ministers by law and by virtue of treaties between the United
States and China, except in so far as the said jurisdiction is qualified by Section 2
of this Act. The said Court shall hold sessions at Shanghai, China, and shall also
hold sessions at the cities of Canton, Tientsin, and Hankow at stated periods, the
dates of such sessions at each city to be announced in such manner as the Court shall
direct, and a session of the Court shall be held in each of these cities at least once
annually. It shall be within the power of the judge, upon due notice to the parties
in litigation, to open and hold Court for the hearing of a special cause at any place
permitted by the treaties, and where there is a United States Consulate, when, in
his judgment, it shall be required by the convenience of witnesses, or by some public
interest. The place of sitting of the Court shall be in the United States Consulate
at each of the cities, respectively.
That the seal of the said United States Court for China shall be the arms of
i the United States, engraved on a circular piece of steel of the size of a half dollar,.
I with these words on the margin, “ The Seal of the United States Court for China.”
The seal of said Court shall be provided at the expense of the United States.
All writs and processes issuing from the said Court, and all transcripts, records,
copies, jurats, acknowledgments, and other papers requiring certification or to be
under seal, may be authenticated by said seal, and shall be signed by the clerk of
said Court. All processes issued from the said Court shall bear test from the day
of such issue.
Sec. 2.—The Consuls of the United States in the cities of China to which they
are respectively accredited shall have the same jurisdiction as they now possess in
civil cases where the sum or value of the property involved in the controversy does
not exceed five hundred dollars United States money, and in criminal cases where the
punishment for the offence charged cannot exceed by law one hundred dollars’ fine
or sixty days’ imprisonment, or both, and shall have power to arrest, examine, and
discharge accused persons or commit them to the said Court. From all final judg-
ments of the Consular Court either party shall have the right of appeal to the United
States Court for China: Provided, Also, That appeal may be taken to the United
States Court for China from any final judgment of the Consular Courts of the United
States in Korea so long as the rights of extra-territoriality shall obtain in favour of
the United States. The said United States Court for China shall have and exercise
supervisory control over the discharge by Consuls and Vice-Consuls of the duties
prescribed by the laws of the United States relating to the estates of decedents in-
China. Within sixty days after the death in China of any citizen of the United
States, or any citizen of any territory belonging to the United States, the Consul or
Vice-Consul whose duty it becomes to take possession of the effects of such deceased
person under the laws of the United States shall file with the clerk of said Court a
THE UNITED STATES COURT FOR CHINA
sworn inventory of such effects, and shall, as additional effects come from time to
time into his possession, immediately file a supplemental inventory or inventories of
the same. He shall also file with the clerk of said Court within said sixty days a
schedule under oath of the debts of said decedent, so far as known, and a schedule
or statement of all additional debts thereafter discovered. Such Consul or Vice-
Consul shall pay no claims against the estate without the written approval of the
judge of said Court, nor shall he make sale of any of the assets of said estate with-
out first reporting the same to said judge and obtaining a written approval of said
sale, and he shall likewise within ten days after any such sale report the fact of such
sale to said Court, and the amount derived therefrom. The said judge shall have
power to require at any time reports from Consuls or Vice-Consuls in respect of all
iheir acts and doings relating to the estate of any such deceased person. The said
Court shall have power to require, where it may be necessary, a special bond for the
faithful 'performance of his duty to be given by any Consul or Vice-Consul into
whose possession the estate of any such deceased citizen shall have come in such
amount and with such sureties as may be deemed necessary, and for failure to give
such bond when required, or for failure to properly perform his duties in the
premises, the Court may appoint some other person to take charge of said estate,
such person having first given bond as aforesaid. A record shall be kept by the
clerk of said Court of all proceedings in respeet of any such estate under the
provisions hereof.
Sec. 3.—That appeals shall lie from all final judgments or decrees of said Court
to the United States Circuit Court of Appeals of the ninth judicial circuit, and thence
appeals and writs of error may be taken from the judgments or decrees of the said
-Circuit Court of Appeals to the Supreme Court of the United States in the same class
of cases as those in which appeals and writs of error are permitted to judgments of
said Court of Appeals in cases coming from District and Circuit Courts of the United
States. Said appeals or writs of error shall be regulated by the procedure govern-
ing appeals within the United States from the District Courts to the Circuit Courts of
Appeal, and from the Circuit Courts of Appeal to the Supreme Court of the United
States, respectively, so far as the same shall be applicable; and said Courts are here-
by empowered to hear and determine appeals and writs of error so taken.
Sec. 4.—The jurisdiction of said United States Court, both original and on
appeal, in civil and criminal matters, and also the jurisdiction of the Consular Courts
in China, shall in all cases be exercised in conformity with said treaties and the laws
of the United States now in force in reference to the American Consular Courts in
China, and all judgments and decisions of said Consular Courts, and all decisions,
judgments, and decrees of said United States Court, shall be enforced in accordance
with said treaties and laws. But in all such cases when laws are deficient in the
provisions necessary to give jurisdiction or to furnish suitable remedies, the common
law and the law as established by the decisions of the Courts of the United States
shall be applied by said Court in its decisions and shall govern the same subject to
the terms of any treaties between the United States and China.
Sec. 5.—That the procedure of the said Court shall be in accordance, so far as
practicable, with the existing procedure prescribed for Consular Courts in China
in accordance with the Revised Statutes of the United States: Provided, however,
that the judge of the said United States Court for China shall have authority from
time to time to modify and supplement said rules of procedure. The provisions of
sections forty-one hundred and six and forty-one hundred and seven of the Revised
Statutes of the United States allowing Consuls in certain cases to summon associates
shall have no application to said Court.
Sec. 6.—There shall be a district attorney, a marshal, and a clerk of said Court
with authority possessed by the corresponding officers of the District Courts in the
United States as far as may be consistent with the conditions of the laws of the
United States and said treaties. The judge of said Court and the district attorney,
•who shall be lawyers of good standing and experience, marshal, and clerk shall be
THE UNITED STATES COURT FOR CHINA 37»
liappointed by the Presideut, by and with the advice and consent of the Senate, and
f;dshall receive as salary, respectively, the sums of eight thousand dollars per annum
jfor said judge, four thousand dollars per annum for said district attorney, three
/thousand dollars per annum for said marshal, and three thousand dollars per annum
:a|for said clerk. The judge of the said Court and the district attorney shall, when
>f. the sessions of the Court are held at other cities than Shanghai, receive in addition
< to their salaries their necessary expenses during such sessions not to exceed ten
c dollars per day for the judge and five dollars per day for the district attorney.
Sec. 7.—The tenure of office of the judge of said Court shall be ten years, unless-
sooner removed by the President for cause; the tenure of office of the other officials
of the Court shall be at the pleasure of the President.
Sec. 8.—The marshal and the clerk of said Court shall be required to furnish
bond for the faithful performance of their duties, in sums and with sureties to be-
fixed and approved by the judge of the Court. They shall each appoint, with the
written approval of said judge, deputies at Canton and Tientsin, who shall also be
required to furnish bonds for the faithful performance of their duties, which bonds
shall be subject, both as to form and sufficiency of the sureties, to the approval of
the said judge. Such deputies shall receive compensation at the rate of five dollars
for each day the sessions of the Court are held at their respective cities. The office
of marshal in China now existing in pursuance of section forty-one hundred and
eleven of the Revised Statutes is thereby abolished.
Sec. 9.—The tariff of fees of said officers of the Court shall be the same as the
tariff already fixed for the Consular Courts in China, subject to amendment from
time to time by order of the President, and all fees taxed and received shall be paid
into the Treasury of the United States.
Approved, June 30, 1906.
SIXTIETH CONGRESS. SESS. II. 1909. CHAP. 235
Extract
The judicial authority and jurisdiction in civil and criminal cases now vested in*
and reserved to the Consul-G-eneral of the United States at Shanghai, China, by the
Act of June thirtieth, nineteen hundred and six, entitled, “ An Act creating a
United States Court for China and prescribing the jurisdiction thereof,” shall,
subsequent to June thirtieth, nineteen hundred and nine, be vested in and exercised
by a Vice-Consul-General of the United States to be designated from time to time
by the Secretary of State, and the Consul-General at Shanghai shall thereafter
be relieved of his judicial functions.
PEES FOR THE CONSULAR COURTS OF THE
UNITED STATES OF AMERICA IN CHINA
98— In Consular Court.
In all cases and and estates where the
it isamount
overare5500insought
question is not more than 5500 $
InIn allall cases
cases where estates wheredamages
do specific the fee shall be 55 for minor and $15 for greater cases. 1
99- Clerk's Fees.
iFor
For issuing
docketingall every writs,suitwarrants,
commenced attachments, or other'compulsory process ...
For executions
For all
For administeringsubpoenas
filing and entering and notices
everyor declaration,
For
For taking an oath
anandacknowledgment affirmation, plea, exceptortoother paper
an associate
For takingsucceeding
each certifying
folio depositions to file (for each folio of 100 words): for the first 100 words, 50 cents; for
For aentering
For making copy ofany suchreturn,
deposition, furnished
rule, order, to a partyjudgment,
continuance, on request,decree,per folio
For a copy of anyanyrecord,
entry certificate,
or of any return,
paper on orfilereport:
: for each each folio or recognizance, or drawing any bond, or
for folio
The fordocket associates, fee of $1, hereinbefore andallowed, othershallservicescoverall charges forherein, making dockets and indexes, issuinginvolved
venire
is $100 or less; taxing
where the costs,amount allinvolved exceedsnot$100specified
the clerk shallinbeallallowed
oases where
for thetheservicts
amount specified:
In allin cases the foregoing involvingparagraph,
more than in$500allthecasesclerkup toshall$500,be inclusive,
allowed fora feelikeofservices !
For becauses allowed, whereforissue likeisservices,
joined butone-half
no testimony
of the above is given,
fees,forrespectively.
causes, dismissed or discontinued, the clerk shall
For affixing
For searching
every search the sealfor ofanytheparticular
court to anv instrument, or otherwhen lienrequired
For property the records of the courtmortgage, for judgments, decrees, or other instruments constituting a lien on any
be made and certifying the result of such search: for each...person against whom such search is required to]
For receiving,
amount keeping, and paying out money in pursuance of any statute or order of court, 1 per centum of the
For
All bookstravelling,sothereceived, made kept, and
necessary by thepaid.duties of his office:shall, for going,
during5 cents
officeahours,
mile, and 5 centsto the
a mileinspection
for returning.
personindesiring clerk’s office containing
to examine the samepublic withoutrecords any fees or charge therefor. be open of any
InForcases
serviceoffice of escheat
as escheator the clerk shall receive for publication to heirs
For
For every
recording found of inquest, per folio
For
For affidavitproceedings
anapproving in attachment...
bond
For affidavit
For affidavit inin replevin distressin attachment
cases
cases
For approving
For affidavit replevin
trials inofbond
Where bond isingiven rightofofright
trial property
of property, for approving it
100- Marshal’s Fees.
rForor serving
serving irchinganyforwrit, the same,
warrant,and,attachment,
if not found,ortoother be certified
compulsory by theprocess,
consul,eachandperson
his order to be pail by the ship 2.00
For returning summonses
all notices, writs, attachment, warrants, and summonses, each
For each bail
OnForevery commitment bond or discharge of prisoner ...
For subpoenas,
returning for each witness summoned
subpoena
For each day’s attendance upon court
■FFor or levying execution
advertising
For releasingproperty propertynnder
property for saleexecution by order of plaintiff 2.3.0000
™ selling
For :srsr $5,$1,a, 00non0000 and -motunder execution,
exceeding $6,000when the amount collected does not exceed $1,000 per cent,
per cent,
For per cent,
If themaking
For amoun'collections exceeds.. under $200, In c: :s where no adjudication has taken place ii per
per cent.
cent,
For travelling
serving every fees in serving
notice ali processes,provided
not heretofore each mile for, in addition to the usual travelling fees...
,n;oexecution
satisfy thebesame, paid and satisfied
v-„ re =while
hei shall in thethehands
,e ojjg.jjjjf feesoffixedtheformarshal,
sellingand after heunder
property hasexecution
made a levyor attachment.
on property
e substituted foi original sc
HHm i'iiii !i Ills
RULES OE PROCEDURE EOR THE COURT OE CONSULS, j
SHANGHAI
Approved by the Consular Body, 10th July, 1882
Kule 1.—Every petition and other pleading filed in the Court and all notices*
and other documents issuing from the Court shall be entitled “In the Court chi
Consuls.”
Rule 2.—The Court will appoint a Secretary whose name and address will le|:
made public and who shall hold the office until the Court otherwise directs. Tbe|
Secretary shall have charge of all records and, under the direction of the Court, issuej
and serve or cause to be served all notices and other documents. He shall also le
the medium of all correspondence.
Rule 3.—Suits shall be commenced and proceeded with in person or by attorney^
and suitors may be heard with or without counsel.
Rule 4.—The language of the Court will be English.
Rule 5.—All proceedings shall he commenced by a petition to the Court, to te;
filed in quadruplicate and to state all facts material to the issue in distinct paragraphs,!
Rule 6.—The petition will be served upon the defendant with notices to file an
answer in quadruplicate within fourteen days from the date of service. A copy of
the answer will be served on the plaintiff or his counsel under the direction of the;
Court.
Rule 7.—Amendments and other proper pleadings will be admitted upon such B
terms as the Court may impose, and such interim order may be made prior to the!
hearing of the cause as the Court may consider necessary.
Rule 8.—When it appears to the Court that a cause is ready to be heard such
cause will be set down for hearing, and notice of the date and place of hearing will be W
given to the parties.
Rule 9.—Sittings of the Court will be public and its proceedings recorded by p
the Secretary.
Rule 10.—The onus of producing witnesses shall be with the parties, but the U
Court will, as far as practicable, aid in procuring the attendance of witnesses.;
Evidence will be taken on oath or otherwise as the witness may consider binding, j
The examination of witnesses will be conducted as the Court may direct.
Rule 11.—A failure to respond to any order or notice issued by the Court will:
entitle the adverse party to judgment by default, and the Court shall be empowered!
to give judgment accordingly.
Rule 12.—In any case upon application within sixty days after judgment the
Court may order re-hearing upon such terms as seem just.
Rule 13.—Special cases where the facts are admitted may be submitted in
writing to the Court for decision without appearance of the parties.
Rule 14.—A minute of all orders shall be drawn up and shall be signed by the
Consuls forming the Court or a majority of them, and all orders shall be expressed
to be made “By the Court” and shall be signed by the Secretary.
Rule 15.—Judgments will be given in writing by the Judges of the Court, and
either read in Court after notice or served upon the parties.
Rule 16.—The fee shall be for hearing $10—for each notice issued and served
$3—and such fees for recording the proceedings shall be allowed as the Court may
direct. A deposit in such sum as the Court may think sufficient to secure payment
of fees will be required of each petitioner. The costs, including those of counsel, in
the discretion of the Court, shall be paid as the Court directs.
Rule 17.—All fees shall be at the disposal of the Court for the remuneration'
of the Secretary.
RULES OR THE SHANGHAI MIXED COURT
The following Provisional Pules for defining the respective jurisdictions of the
iiMixed Courts of the International aud French Settlement adopted by the Consular
be Body of Shanghai, 10th June, 1902, for reference to the Diplomatic Body at Peking
'H vere approved by the Diplomatic Body at Peking on 28th June, 1902.
1. —In all civil cases between Chinese the plaintiff will follow the defend
Uj will sue him before the Mixed Court of his, the defendant’s, residence.
2. —In all criminal cases where foreigners are not concerned and in all po
igainst Chinese residents in the Settlements the Mixed Court of the Settlements in
which the crime of contravention has been committed is alone competent.
JV.B.—The above two clauses include clauses where the defendant or accused is in
the employ of a foreigner, the countersignature of the Consular representative of the
national concerned being as heretofore to be obtained.
3. —In Mixed Civil cases—
H (a)—If the plaintiff is a foreigner—not of French nationality—and the Chinese
|[defendant is a resident of the International Settlement, he is to be sued before the
Mixed Court of the International Settlement.
(6)—If the plaintiff is French and the Chinese defendant is a resident of the
French Settlement, he is to be sued before the Mixed Court of the French Settlement.
(c) —If the plaintiff is a foreigner—not of French nationality—and th
•defendant is a resident of the French Settlement, the latter shall be sued before the
;Mixed Court of the International Settlement, whose warrant or summons for bis
appearance after countersignature by the French Consul-General will be executed or
■served by the runners of the International Mixed Court with the assistance of the
Police of the French Settlement, without previous hearing in the Mixed Court of the
French Settlement.
(d) —If the plaintiff is French and the Chinese defendant is a resid
International Settlement the latter shall be sued before the Mixed Court of the French
Settlement, whose warrant or summons for his appearance after countersignature by
the Senior Consul will be executed or served by the runners of the French Mixed Court
with the assistance of the Police of the International Settlement, without previous
| hearing in the Mixed Court of the International Settlement.
4. —In criminal cases where a foreigner—notof French nationality—is com
! the Mixed Court of the International Settlement is competent; if a Frenchman is the
complainant the Mixed Court of the French Settlement is competent.
The provisions under Clause 3, c and d, as to executing warrants, also apply under
this clause.
This does not affect or change in any way the present system whereby all warrants
of the Mixed Court of the International Settlement are to be countersigned by the
Senior Consul before their execution by the yamen runners with the assistance of the
Police.
John Goodnow,
Senior Consul.
UNITED STATES CONSULAR COURT REGULATION
(Embezzlement, Vagbancy) April 13, 1907
Whereas, defects and deficiencies exist in the laws to be enforced by the judicial
authorities of the United States in China as regards embezzlement and vagrancy:
Now therefore, by virtue of the power vested in me by Section 4,086 of the
Revised Statutes of the United States, I, William Woodville Rockhill, Envoy
Extraordinary and Minister Plenipotentiary of the United States of America at
Peking, China, do hereby decree:
1. If any agent, attorney, clerk, or servant of a private person or co-partnership,,
or any officer, attorney, agent, clerk, or servant of any association or incorporated
company, shall wrongfully convert to his own use, or fraudulently take, make away
with, or secrete, with intent to convert to his own use, anything of value which shall
come into his possession or under his care by virtue of his employment or office,
whether the thing so converted be the property of his master or employer or that of
any other person, co-partnership, association, or corporation, he shall be deemed
guilty of embezzlement, and shall be punished by a fine not exceeding one thousand
dollars, or by imprisonment for not more than ten years, or both.
2. All persons having no visible means of honest and reputable support, or who-
lead an idle and dissolute life; and all persons living by stealing or by trading in,
bartering for, or buying, stolen property, shall be deemed and considered vagrants,
and upon conviction thereof shall be punished by a fine not exceeding one hundred
dollars, or by imprisonment for not exceeding sixty days, or both.
American Legation, W. W. Rockhill.
Peking, China, April 13, 1907.
r: CHARTER OR THE COLONY OE HONGKONG
>;l stters Patent passed under the Great Seal of the United Kingdom,
constituting the office of Governor and Coinmander-in-Chief of the
! Colony of Hongkong and its Dependencies.
Jeorge the Fifth by the Grace of God of the United Kingdom of Great ruar
Britain and Ireland and of the British Dominions beyond the Seas * y-
King, Defender of the Faith, Emperor of India: To all to whom
these Presents shall come. Greeting.
Whereas, by certain Letters Patent under the Great Seal of Our Recites Letters
inited Kingdom of Great Britain and Ireland, bearing date at Westmins- January0,fi888.
sr the Nineteenth day of January 1888, Her Majesty Queen Victoria did
^netitute the office of Governor and Commander-in-Chief in and over
he Colony of Hongkong and its Dependencies, as therein decribed, and
id provide for the Government thereof:
And whereas by Orders of Her said Majesty in Her Privy Council connoi/o/loth"
(earing date respectively the Twentieth day October, 1898, and the October, 1898,
Venty-seventh day of December, 1899, certain territories adjacent to the igy927th Dec'’
aid Colony were, for the term therein referred to, declared to be part and
tarcel of the Colony in like manner and for all intents and purposes as if
hey had originally formed part of the Colony:
And whereas We are minded to make other provision in lieu of the
hove recited Letters Patent of the Nineteenth day of January 1888:
! Now, know ye that We do by these presents revoke the above recited ®8™k®8
[betters Patent of the Nineteenth day of January, 1888, but without pre- jTnnary, isss.
[udice to anything lawfully done thereunder; and We do by these Our
Letters Patent declare Our Will and Pleasure as follows :
I. —There shall be a Governor and Commander-in-Chief in and over office of G
Our Colony of Hongkong and its Dependencies (hereinafter called the nor conat,tated-
Colony), and appointments to the said Office shall be made by Commission
under Our Sign Manual and Signet.
II. —We do hereby authorise, empower, and command our said Govern
Governor and Commander-in-Chief (hereinafter called the Governor) to do antboritiea.
and execute all things that belong to his said office, according to the tenour
of these our Letters Patent and of any Commission issued to him under
Our Sign Manual and Signet, and according to such Instructions as may
from time to time be given to him, under Our Sign Manual and Signet, or
by Order in Our Privy Council, or by Us through one of Our Principal
Secretaries of State, and to such laws as are now or shall hereafter be in
force in the Colony.
III.solemnity,—Every
all due before enteringperson
upon appointed
any of theto duties
fill theofoffice of Governor
his office, ^£00*shall
3 C mwith Pab
°
cause the commission appointing him to be Governor to be read and
published in the presence of the Chief Justice or other Judge of the
Supreme Court, and of such Members of the Executive Council of the
CHARTER OF THE COLONY OF HONGKONG
Colony as can conveniently attend; wliioh being done be shall then and !
byOathsGovernor.
to be taken therepagge(
take jbefore
}n thethem the Oath
session holdenof inAllegiance in the form
the Thirty-first and provided by an ai
Thirty-second
1 ears
LT^vic^cS^ 1C ,C y
' ' 'amend the Law relating to Promissory Oaths and likewise the usualto !;i i
the reign of Her Majesty Queen Victoria, intituled “ An Act
Oath for the due execution of the office of Governor, and for the due and
impartial administration of justice; which Oaths the said Chief Justice or >
Judge, or if they be unavoidably absent, the senior Member of the id
Executive Council then present, is hereby required to administer.
Public Seal. JV.—The Governor shall keep and use the public seal of the Colony ||
for sealing all things whatsoever that shall pass the said public seal.
Executive
Council. the said Councilshall
V.—There shallbe consist
an Executive
of suchCouncil
personsin and
as Wefor shall
the Colony
directand
by'<
Instructions under Our Sign Manual and Signet, and all such persons shall i.
hold their places in the said Council during Our pleasure. The Governor t
may upon sufficient cause to him appearing suspend from the exercise of
his functions in the Council any Member thereof pending the signification'
of Our pleasure, giving immediate notice to Us through one of Our Prin-a
cipal Secretaries of State. If the suspension is confirmed by Us throughj
one of Our Principal Secretaries of State the Governor shall forthwith by;
an instrument under the Public Seal of the Colony revoke the appoint*
ment of such Member, and thereupon his seat in the Council shall become
vacant.
Legislative the said
Council. VI.—There
Council shall
shall be a Legislative
consist Council and
of the Governor in andsuch
for persons
the Colony,
as and
We'
shall direct by any Instructions under Our Sign Manual and Signet, andi
all such persons shall hold their places in the said Council during Our
pleasure. The Governor may upon sufficient cause to him appearing
suspend from the exercise of his functions in the Council any Member
thereof pending the signification of Our pleasure, giving immediate notice
to Us through one of Our Principal Secretaries of State. If the suspension
is confirmed by Us through one of Our Principal Secretaries of State the
Governor shall forthwith by an instrument under the Public Seal of the
Colony revoke the appointment of such Member, and thereupon his seat
in the Council shall become vacant.
Governor,
advice with
andCouncil, VII.
con- Legislative —The Gov
to make Laws. ment of theCouncil,
sent of Colony.
may make laws for the peace, order, and good governs
VIII. —We d
full power and authority to disallow, through one of Our Principal Secretaries
of State, any such law as aforesaid. Every such disallowance shall tak#
effect from the time when the same shall be promulgated by the Governo*
in the Colony.
Power of Legis- IX. —We do also
tolationthereserved
Crown. and their undoubted right, with advice of Our or their Privy Council
to make all such laws as may appear necessary for the peace, order, ant
good government of the Colony.
Assent to Bills. X. —When a Bill pa
Governor for his assent he shall, according to his discretion, but subject t«
any Instructions addressed to him under Our Sign Manual and Signet o
through one of Our Principal Secretaries of State, declare that he assenti
thereto, or refuses his assent to the same, or that he reserves the same fo 1
the signification of Our pleasure.
Reserved Bills. XI. —A Bill rese
effect so soon as We shall have given Our assent to the same by Order b
CHARTER OF THE COLONY OF HONGKONG 387
CjOimcil, or through one of Our Principal Secretaries of State, and the
Jjovernor shall have signified such assent by message to the Legislative
o3ouncil or by proclamation: Provided that no such message shall be issued
After two years from the day on which the Bill was presented to the
Governor for his assent.
XII.—In the making of any laws the Governor and the Legislative Governor and
oGouncil shall conform to and observe all rules, regulations, an in that behalf contained in any Instructions under Our Sign Manual and instructions.
iSignet.
XIII.—The Governor, in Our name and on Our behalf, may make and Land grants.
iJexecute, under the Public Seal of the Colony, grants and dispositions of
.’any lands which may be lawfully granted or disposed of by Us. Provided
Ithat every such grant or disposition be made in conformity either with
isome law in force in the Colony or with some Instructions addressed to
I the Governor under Our Sign Manual and Signet, or through one of Our
| I'rincipal Secretaries of State, or with some regulations in force in the
3 Colony.
XIY.—The Governor may constitute and appoint all such Judges Governor em-
Commissioners, Justices of the Peace, and other necessary Officers and po^t^udgesand
Ministers in the Colony, as may lawfully be constituted or appointed by other officers.
Us, all of whom, unless otherwise provided by law, shall hold their offices
during Our pleasure.
XY.—When any crime or offence has been committed within the Grant of pardon.
Colony, or for which the offender may be tried therein, the Governor may,
as he shall see occasion, in Our name and on Our behalf, grant a pardon
to any accomplice in such crime or offence who shall give such information
as shall lead to the conviction of the principal offender, or of any one of
such offenders, if more than one; and further, may grant to any offender
convicted of any crime or offence in any Court, or before any Judge or
other Magistrate within the Colony, a pardon either free or subject to
lawful conditions, or any remission of the sentence passed on such offender
or any respite of the execution of such sentence for such period as the
Governor thinks fit, and may remit any fines, penalties, or forfeitures due ^*”n gli88ion of
or accrued to Us. Provided always that the Governor shall in no case, r r i80 a
except when the offence has been of a political nature unaccompanied by men ^ ° ' ® °^*
any other grave crime, make it a condition of any pardon or remission of e t prr°0 1 b' 0 '
sentence that the offender shall be banished from or shall absent himself poUtSaioffencea
or be removed from the Colony.
XYI. The Governor may, upon sufficient cause to him appearing, Dismissal and
dismiss any public officer not appointed by virtue of a Warrant from Us, officPars!lon °f
whose pensionable emoluments do not exceed one thousand dollars or one
hundred pounds sterling a year, according as the said emoluments are
fixed with reference to dollars or to pounds sterling as the case may be,
provided that in every such case the grounds of intended dismissal are
definitely stated in writing and communicated to the officer in order that
he may have full opportunity of exculpating himself, and that the matter
is investigated by the Governor with the aid of the head for the time be-
ing of the department in which the officer is serving
The Governor may, upon sufficient cause to him appearing, also
suspend whether
Colony from the appointed
exercise of byhisvirtue
office ofanyanyperson holdingoranyWarrant
Commission office infrom
the
Us, or in Our name, or by any other mode of appointment. Such suspen •
sion shall continue and have effect only until Our pleasure therein shall be
signified to the Governor. If the suspension is confirmed by one of
Our Principal Secretaries of State, the Governor shall forthwith cause
CHAETER OF THE COLONY OF HONGKONG
the officer to be so informed, and thereupon his office shall become vacant.
In proceeding to any such suspension, the Governor is strictly to observe
the directions in that behalf given to him by Our Instructions as aforesaid.
XVII.—Whenever the office of Governor is vacant, or if the Governor
become incapable, or be absent from the Colony, Our Lieutenant Governor
of the Colony, or if there shall be no such Officer therein, then such person
or persons as may be appointed under the Royal Sign Manual and Signet,
and in default of any such appointment, the person lawfully discharging
Proviso. Oaths the functions of Colonial Secretary shall during Our pleasure administer
of Office. to beGovernment
the of the Colony, first taking tlie Oaths hereinbefore directed
taken by the Governor and in the manner herein prescribed; which
Powers, &c. , of being done,
Administrator. Lieutenant Governor,We do hereby authorise, empower, and command Our
or any other such Administrator as aforesaid, to
do and execute, during Our pleasure, all things that belong to the office of
Governor and Commander-in-Chief, according to the tenour of these Our
Letters Patent, and according to Our Instructions as aforesaid, and the
laws of the Colony.
XVIII.—And Wedohereby requireandcommand all Our officialsand
Hr ministers, civil and military, and all other inhabitants of the Colony,
to be obedient, aiding and assisting unto the Governor and to any person
for the time being administering the Government of the Colony!
XIX.—In these Our Letters Patent the term “the Governor ” shall
include every person for the time being administering the government of
the Colony.
XX.—And We do hereby reserve to Ourselves, Our heirs and successors,
full power and authority, from time to time, to revoke, alter, or amend
these Our Letters Patent as to Us or them shall seem meet.
XXI.—And We do further direct and enjoin that these Our Letters
Patent shall be read and proclaimed at such place or places within the
Colony as the Governor shall think fit, and shall come into operation on
a day to be fixed by the Governor by Proclamation.
In witness whereof We have caused these Our Letters to be made
Patent. Witness Ourself at Westminster, the Fourteenth day of February
in the Seventh year of Our Reign.
By Warrant under the King’s Sign Manual,
Schuster.
> CONSTITUTION OE THE EXECUTIVE AND
LEGISLATIVE COUNCILS
instructions passed under the Royal Sign Manual and Signet to tie
I! Governor and Commander-in-Chief of the Colony of Hongkong and
i I its Dependencies.
| George B.I.
ninstructions to Our Governor and Commander-in-Chief in and over Our Feiruar Dated nthm7
, Colony of Hongkong and its Dependencies or other Officer for the H' *
Ijl, time being administering the Government of Our said Colony and
its Dependencies.
Whereas by certain Letters Patent under the Great Seal of Our Preamble,
ij Jnited Kingdom of Great Britain and Ireland, bearing even date
ri lerewith, We have made provision for the office of Governor and Com- Recites Letters
a aander-in-Chief (therein and hereinafter called the Governor) in and date”* °f even
is iver Our Colony of Hongkong, and its Dependencies (therein and here-
nafter called the Colony) :
And whereas We have thereby authorised and commanded the Governor
; ;o do and execute all things that belong to his said office according to
he tenour of Our said Letters Patent and of any Commission issued to
urn under Our Sign Manual and Signet and according to such Instruc-
;ions as may from time to time be given to him under Our Sign Manual
and Signet or by Order in Our Privy Council or by Us through one of
Our Principal Secretaries of State and to such laws as are now or shall
hereafter be in force in the Colony:
And whereas Her Majesty Queen Victoria did issue certain Instruc- Recites instruc-
tions to the Governor under Her Sign Mariual and Signet bearing date janua^y^isss,
the Nineteenth day of January, 1888, and certain Additional Instructions and Additional
I bearing date the Seventh day of July, 1896: vth^iyT^e!
And whereas We are minded to substitute fresh Instructions for
the aforesaid Instructions and Additional Instructions:
Now therefore We do, by these Our Instructions under Our Sign Revokes in-
Manual and Signet, revoke as from the date of the coming into opera-j^january,
tion of Our said recited Letters Patent, the aforesaid Instructions of isss, and Add’i-
the Nineteenth day of January, 1888, and the aforesaid Additional uonsonthTuiy
Instructions of the Seventh day of July, 1896, but without prejudice to 1896-
anything lawfully done thereunder, and instead thereof We do direct
and enjoin and declare Our will and pleasure as follows:—
L—The Governor may, whenever he thinks fit, require any person Administration
in the public service of the Colony to take the Oath of Allegiance, in the of 0aths-
form prescribed by the Act mentioned in Our said recited Letters Patent,
together with such other Oath or Oaths as may from time to time be
prescribed by any laws in force in the Colony. The Governor is to
administer such Oaths, or to cause them to be administered by some
public officer of the Colony.
CONSTITUTION OF COUNCILS-HONGKONG
Constitution ot II.—The Executive Council of the Colony shall consist of the Lied i
Executive
Council. enant-Governor of the Colony (if any), the Senior Military Officer f| ■;
the time being in command of Our Eegular Troops within the Colon t
the persons for the time being lawfully discharging the functions Sii
Colonial Secretary, of Attorney-General, and of Treasurer of the Colon*):
who are hereinafter referred to as ex officio Members, and of such oth
persons as at the date of the coming into operation of Our said recite]:
Letters Patent are Members of the said Council, or as We may fror
time to time appoint by any Instructions or Warrant under Our Sigfr
Manual and Signet, or as the Governor in pursuance of Instructioffli
from Us through one of Our Principal Secretaries of State may fro®:
time to time appoint under the Public Seal of the Colony.
Provisional III.—Whenever any Member, other than an ex officio Member, «{•
S&mbersofthe
Executive the Executive
resign his seatCouncil
in theofCouncil,
the Colony shall, die,
or shall by writing under hisbyhanli
or be declared til
ou
' Governor by an Instrument under the Public Seal of the Colony to H <
incapable of exercising his functions as a Member of the Council, or Hi
absent from the Colony, or shall be acting in an office the holder | *
which is an ex officio Member of the Council, or shall be suspended fro] r
the exercise of his functions as a Member of the Council, the Governcx
may, by an Instrument under the Public Seal of the Colony, provisional! si
appoint any public officer to be temporarily an Official or UnofficiiD
Member of the Council, and any person not a public officer to be ten r(
porarily an Unofficial Member of the Council in the place of the Membi .
so resigning, or dying, or being suspended, or declared incapable, < t
being absent, or sitting as an ex officio Member.
Such person shall forthwith cease to be a Member of the Council |I
his appointment is disallowed by Us, or if the Member in whose place li1
was appointed shall be released from suspension, or, as the case may M
shall be declared by the Governor by an Instrument under the Public
Seal capable of again discharging his functions in the Council, or shat,
return to the Colony, or shall cease to sit in the Council as an ex offices
Member.
Such provisional0 rmaIY.—The
on Governor shall without delay, report to Us, for Our com
he'immediately State,
reported. & fievery otprovisional
disallowance, through ofoneanyof person
appointment Our Principal Secretaries
as a Member of thn said Executive Council. Every such person shall hold his place in tip
Council during Our pleasure, and the Governor may by an Instrumene
under the Public Seal revoke any such appointment.
V.—The Official Members of the Executive Council shall take prejf'
cedence of the Unofficial Members, and among themselves shall hav.
seniority and precedence as We may specially assign, and, in defau|»
thereof, first, the ex officio Members in the order in which their office
are above mentioned (except that the Senior Military Officer, if belo’p
the rank of Lieutenant-Colonel in Our Army, shall take precedence aftffi
the person lawfully discharging the functions of Attorney-General), ami
then other Official Members and all Unofficial Members according to thl
priority of their respective appointments, or if appointed by or in puii
suance of the same Instrument, according to the order in which they ar|
named therein.
Governor to 1 onsVI.—The Governor shall forthwith communicate these Our Instruct
inSctionsto
Executive time, '* *°as ^WeExecutive
may direct,Council,
or as heandshall
likewise all such others,
find convenient for Ourfromservice
time t|t
council. impart t0 them
CONSTITUTION OF COUNCILS-HONGKONG
|| YII.—The Executive Council shall not proceed to the despatch of Executive . to
inusiness unless duly summoned by authority of the Governor, nor unless Council not
ttro Members at the least (exclusive of himself or of the Member presid- proceed
business tounless
(yig), be present and assisting throughout the whole of the meetings at summoned
Governor’s
authority.
by
lofhich any such business shall be despatched.
I VIII.—The Governor shall attend and preside at all meetings of
III (he Executive Council, unless when prevented by illness or other grave
muse, and in his absence such Member as the Governor may appoint, or in
■he absence of such Member the senior Member of the Council actually
present, shall preside.
i IX.—Minutes shall be regularly kept of all the proceedings of the MinutesExecutiveof
'Executive Council; and at each meeting of the Council the Minutes of Council
ihe last preceding meeting shall be confirmed or amended, as the case kept. to be
May require, before proceeding to the despatch of any other business.
Twice in each year a full and exact copy of all Minutes for the To be transmit-
' Jjprecediuir half year shall be transmitted to Us through one of Our ted home twice
(principal Secretaries of State.
I ! X.—In the execution of the powers and authorities granted to the consult GovernorExecu-
to
(Governor by Our said recited Letters Patent, he shall in all cases consult
'(with the Executive Council, excepting only in cases which may be of such tive Council.
Ba nature that, in his judgment, Our service would sustain material pre-
i judice by consulting the Council thereupon, or when the matters to be
I decided shall be too unimportant to require their advice, or too urgent
(necessary for him to act in respect of any such matters. In all such
urgent cases he shall, at the earliest practicable period, communicate to
J the Executive Council the measures which he may so have adopted, with
1 the reasons therefor.
XI.—The Governor shall alone be entitled to submit questions to entitled
Governortoalone
sub-
1| the Executive Council for their advice or decision; but if the Governor mit
1 decline to submit any question to the Council when requested in writing questions.
t by any Member so to do, it shall be competent to such Member to
I require that there be recorded upon the Minutes his written application,
together with the answer returned by the Governor to the same.
|' XII.—The Governor may, in the exercise of the powers and authori- Governor may
ties granted to him by Our said recited Letters Patent, act in opposition actExecutive
in opposition
to the advice given to him by the Members of the Executive Council, if toCouncil.
Reportingfor so
he shall in any case deem it right to do so; but in any such case he shall grounds
fully report the matter to Us by the first convenient opportunity, with
the grounds and reasons of his action. In every such case it shall be Members may
require opinion
their
•competent to any Member of the said Council to require that there be adverse
(recorded at length on the Minutes the grounds of any advice or opinion
he may give upon the question.
XIII.—The Legislative Council of the Colony shall consist of the Constitution of
Governor, the Lieutenant Governor (if any), the Senior Military Officer Legislative
for the time being in command of Our regular troops within the Colony, Council.
the persons for the time being lawfully discharging the functions of
Colonial Secretary, Attorney-General, and Treasurer of the Colony, and
such other persons holding office in the Colony, and not exceeding three
in number at any one time, as at the date of the coming into operation
of Our said recited Letters Patent are Official Members of the said OfficialMember ,
Council, or as We may from time to time appoint by any Instructions or
Warrants under Our Sign Manual and Signet, or as the Governor, in
pursuance of Instructions from Us, through one of Our Principal Secre-
taries of State, may from time to time appoint by an Instrument under
the Public Seal of the Colony, and all such persons shall be styled
Official Members of the Legislative Council; and further of such persons,
392 CONSTITUTION OF COUNCILS-HONGKONG
not exceeding six in number at any one time, as at the date of the coming®
Unofficial
Members. into operation of Our said recited Letters Patent are Unofficial Memberspc
of the said Council, or as the Governor, in pursuance of Instructional!
from Us, through one of our Principal Secretaries of State, may fromir
time to time appoint by an Instrument under the Public Seal of the f
Colony, and all such persons shall be styled Unofficial Members of thf I
Provisional Legislative Council.
appointments in MemberXIV. —Whenev
place
Members of Official of the Legislative Council of the Colony shall, by writing unde] )
absent, &c his hand, resign his seat in the Council, or shall die, or be suspended frott j -
the exercise of his functions as a Member of the Council, or be declared k
by the Governor by an Instrument under the Public Seal of the Colon;
to be incapable of exercising his functions as a Member of the Council, ot
be absent from the Colony, or shall be acting in an office the holder o
which is an ex-officio Member of the Council, the Governor may, by ad:
Instrument under the Public Seal of the Colony, provisionally appoin i
some person to be temporarily an Official Member of the Council in th« )
place of the Member so resigning, or dying, or being suspended, os ,
declared incapable, or being absent, or sitting as an ex-officio Member, j
Such person shall forthwith cease to be an Official Member of thv J
Council if his appointment is disallowed by Us, or if the Member in whosi :>
place he was appointed shall return to the Colony, or shall be released
from suspension, or shall be declared by the Governor by an Instrument
under the Public Seal capable of again discharging his functions in tin 1
said Council, or shall cease to sit in the Council as an ex-officio Member t
Provisional
appointments The Governor shall, without delay, report to Us, for Our confirmatior ji
immediatelyto orprovisional
bereported. disallowance, through one of Our Principal Secretaries of State, everj
appointment of any person as an Official Member of thd
Revocation
such appoint-of during
Legislative Council. Every such person shall hold his place in the Council
Our pleasure, and the Governor may by an Instrument under the
Public Seal revoke any such appointment.
Provisional XV. —If any Unof
become incapable of discharging his functions as a Member of the Counciljp
cial
absent,Members
&c. orthebeColony,suspended or removed from his seat in the Council, or be absent fronite
or if he resign by writing under his hand, or if his seat becomab
vacant, the Governor may, by an Instrument under the Public Seal of th«
Colony, provisionally appoint in his place a fit person to be temporarily arilt
Unofficial Member of the said Council.
Such person shall forthwith cease to be a Member if his appointmenfc
is disallowed by Us, or if the Member in whose place he was appointed^:
shall return to the Colony, or, as the case may be, shall be released fro nil <
suspension, or shall be declared by the Governor by an Instrument under th#
Public Seal capable of again discharging his functions in the said Council. ; f
Provisional
appointments to Tbe Governor shall, without delay, report to Us, for Our confirmation »
immediately orState,
bereported. disallowance, to be signified through one of Our Principal Secretaries ofd8
every provisional appointment of any person as an Unofficial Member p
Revocation
such appoint-of ofCouncil
the Legislative Council. Every such person shall hold his place in thei f
ments. daring Our pleasure, and the Governor may by an Instrument £
Vacation of seats under the Public Seal revoke any such appointment.
XVI.
by Unofficial Our said recited Letters Patent is an Unofficial—Every pe
Membersj Member of the Legislative;
Council may retain his seat until the end of six years from the date of his.;
appointment, and every Unofficial Member appointed after the date of the s
coming into operation of Our said recited Letters Patent shall vacate his, 3
seat at the end of six years from the date of the Instrument by which or i
in pursuance of which he is appointed, unless it is otherwise provided by •'
that Instrument.
CONSTITUTION OF COUNCILS-HONGKONG
! Provided that if and such Member is provisionally appointed to fill a
acant seat in the Council and his provisional appointment is immediately
Ollowed by his definitive appointment, the aforesaid period of six years
hall be reckoned from the date of the Instrument provisionally appointing
im.
Every such Unofficial Member shall be eligible to be re-appointed by
»he Governor by an Instrument under the Public Seal of the Colony for a
urther period not exceeding six years, subject to Our approval conveyed
hrough one of Our Principal Secretaries of State.
XVII.—If any Unofficial Member of the Legislative Council shall Seats declared
become bankrupt or insolvent, or shall be convicted of any criminal offence, void in certain
or shall absent himself from the Colony for more than three months
'. without leave fr iithe seat of such Member at the Council is vacant, and immediately on the
Ppublication of such declaration he shall cease to be a Member of the Council.
XVIII.—Any Unofficial Member may resign his seat at the Council Members. of
[by writing under his hand, but no such resignation shall take effect until Resignation
lithe accepted in writing by the Governor, or by Us through one of Our
Principal Secretaries of State,
I XIX.—The Legislative Council shall not be disqualified from the transact Council may
business
transaction of business on account of any vacancies among the Members notwithstanding
thereof; but the said Council shall not be competent to act in any case vacancies.
unless (including the Governor or the Member presiding) there be present Quorum.
at and throughout the meetings of the Council five Members at the
least.
XX.—The Official Members of the Legislative Council shall take pre- Precedence of
cedence of the Unofficial Members; and among themselves shall take Members.
precedence as We may specially assign, and, in default thereof, first the
ex-officio Members, in the order in which their offices are mentioned (except
* that the Senior Military Officer, if below the rank of Lieutenant-Colonel
in Our Army, shall take precedence after the person lawfully discharging
the functions of Attorney-General), then other Official Members and all
Unofficial Members accordin g to the priority of their respective appointments,
or if appointed by or in pursuance of the same Instrument according to
the order in which they are named therein.
I Every Unofficial Member of the Legislative Council re-appointed im-
mediately on the termination of his term of office shall take precedence
according to the date from which he has been continuously a Member of
the s lid Council.
XXI.—The Governor shall attend and preside in the Legislative Who to preside*
Council, unless prevented by illness or other grave cause; and in his
absence any Member appointed by him in writing shall preside, or, in
default of such Member, the Member who is first in precedence of those
present shall preside.
XXII.—All questions proposed for debate in the Legislative Council Questions
decided bytoa be
shall be decided by the majority of votes, and the Governor or the Member majority.
presiding shall have an original vote in common with the other Members Governor
of the Council, and also a casting vote, if upon any question the votes toandhave castingoriginal
vote.
shall be equal.
XXIII.—The Legislative Council may from time to time make stand- toRulesand be made. order
ing rules and orders for the regulation of their own proceedings ; provided
such rules and orders be not repugnant to Our said recited Letters Patent,
or to these Our Instructions, or to any other Instructions from Us under
Our Sign Manual and Signet.
XXIV.—It shall be competent for any Member of the Legislative Question, &c.
Council to propose any question for debate therein ; and such question, if for debate.
seconded by any other Member, shall be debated and dispose 1 of according
394 CONSTITUTION OF COUNCILS-HONGKONG
to the standing rules and orders. Provided always that every ordinandp
ovte, resolution, or question, the object or effect of which may be tfet
dispose of or charge any part of Our revenue arising within the Colonim
shall be proposed by the Governor, unless the proposal of the same shaijfs
have been expressly allowed or directed by him.
Buies
tions and regula- XXY.—In the passing of Ordinances the Governor and the Counce ir
under
•which Ordinances shall observe, as far as practicable, the following Kules:—
are to be enacted. 1. —All laws shall b
shall be, “ enacted by the Governor of Hongkong, with the advice arf i
consent “of the Legislative Council thereof.”
Ordinances
numbered and to b 2. —'All Ordinances
methodically divided into successive clauses or paragraphs, numbered consecutively, aq 5,
arranged. to every such clause there shall be annexed in the margin a short summaii in
of its contents. The Ordinances of each year shall be distinguished t n
consecutive numbers, commencing in each year with the number one. j
Except in the case of Bills reserved for the signification of Our pleasur n
all Ordinances passed by the Legislative Council in any one year shall,’ pi
assented to by the Governor, be assented to by him in that year, shale
be dated as of the day on which the assent rf the Governor is given, an B
shall be numbered as of the year in which they are passed. Bills not s c
assented to by the Governor, but reserved by him for the signification ( m
Our pleasure, shall be dated as of the day and numbered as of the year d •
Differentsubjects and in which they are brought into operation.
3. —Each different
innot
ance.
to beOrdin-
same Ho
mixed Ordinance,
clause as have no
without intermixing in one and the same Ordinance such thing T
proper relation to each other; and no clause is to be inserte h
toforeign
be introduced
to what in or annexed to any Ordinance which shall be foreign to what the title «ei
title of Ordinance
imports. Tempor- such Ordinance imports, and no perpetual clause shall be part of at e
ary Ordinances. temporary Ordinance.
Description
Bills not to.to beof tioned,XXYI.—The Governor shall not, except in the cases hereunder mei n
assented assent in Our name to any Bill of any of the following classes :—j f-
1.—Any Bill for the divorce of persons joined together in holy matr f
mony:
2. —Any Bill whereb
or gratuity, may be made to himself:
3. —Any Bill affectin
issue of Bank notes :
4. —Any Bill estab
altering the constitution, powers, or privileges of any Banking Associatiot i
5. —Any Bill imposi
6. —Any Bill the pr
obligations imposed upon Us by Treaty:
7. - Any Bill interfering with the discipline or control of Our forces t |t
land, sea, or air :
8. —Any Bill of an
Our prerogative, or the rights and property of Our subjects not residirij i
in the Colony, or the trade and shipping of Our United Kingdon and ij I
Dependencies, may be prejudiced:
9. —Any Bill whereb
be subjected or made liable to any disabilities or restrictions to whiqH
persons of European birth or descent are not also subjected or made liablgl'
10. —Any Bill con
Proviso in oases refused, or which have been disallowed by Us :
ofimmediate Unless in the case of any
emergency for previously obtained Our instructions such Bill as aforesaid the Governor sha:;i
operation of an have
Ordinance.
upon such Bill through one <3 is
Our Principal Secretaries of State, or unless such Bill shall contain a claus f
CONSTITUTION OF COUNCILS—HONGKONG
f{.spending the operation of such Bill until the signification of Our
fljeasure thereupon, or unless the Governor shall have satisfied himself
■ ;at an urgent necessity exists requiring that such Bill be brought into
admediate operation, in which case he is authorised to assent in Our name
•m such Bill, unless the same shall be repugnant to the law of England, or
oiconsistent with any obligations imposed on Us by treaty. But he is to
s cansmit to Us, by the earliest opportunity, the Bill so assented to together
r ifith his reasons for assenting thereto.
J| XXVII.—Every Bill intended to affect or benefit some particular person, private Bills.
icHsociation or corporate body shall contain a section saving the rights of Us,
i'ur heirs and successors, all bodies politic and corporate, and all others
oscept such as are mentioned in the Bill and those claiming by, from, and
- Hinder them. No such Bill, not being a Government measure, shall be
•introduced into the Legislative Council until due notice has been given
y not less than two successive publications of the Bill in the Hongkong
government Gazette, and in such other manner as may be required by the
•standing Rules and Orders for the time being in force; and the Governor
•hall not assent thereto in Our name until it has been so published. A
Certificate under the hand of the Governor shall be transmitted to Us with
he Bill signifying that such publication has been made.
J XXVIII.—When any Ordinance shall have been passed or when any ordinances, &c.,6
(Bill shall have been reserved for the signification of Our pleasure, the duiyVutiienU™
"Governor shall transmit to Us, through one of Our Principal Secretaries of cated.
iState, for Our final approval, disallowance or other direction thereupon, a
(!ull and exact copy in duplicate of the same, and of the marginal summary
^hereof, duly authenticated under the Public Seal of the Colony, and by
ms own signature. Such copy shall be accompanied by such explanatory
aphservations as may be required to exhibit the reasons and occasion for
^passing such Ordinance or Bill.
I XXIX.—At the earliest practicable period at the commencement of Collection of
'each year, the Governor shall cause a complete collection to be published, pubifah^Vvery
(for general information, of all Ordinances enacted during the preceding year,
year.
f XXX.—Minutes shall be regularly kept of the proceedings of the Minutes of pro-
iLegislative Council, and at each meeting of the said Council, the Minutes fativ^Coun^lfto
of the last preceding meeting shall be confirmed, or amended, as the case be kept,and sent
(may require, before proceeding to the despatch of any other business. meeting!61"eVtTy
I f The Governor shall transmit to Us, through one of Our Principal
jSecretaries of State, as soon as possible after every meeting a full and
fexact copy of the Minutes of the said Council.
|,I ing the XXXI.—Before
Governor shalldisposing
cause theofsame
anytovacant or wasteandland
be surveyed, suchtoreservations
Us belong- beSurveys
8
made and
before
( to be made thereout as he may think necessary for roads or other public waste lands0 are
purposes. The Governor shall not, directly or indirectly, purchase for Governor not to
himself any of such lands without Our special permission given through purchase lands.
! one of Our Principal Secretaries of State.
» XXXII.—All Commissions to be granted by the Governor to any per- Appointments41 to
i son
wiseorprovided
personsbyforlaw,
exercising any during
be granted office orpleasure
employment
only ;shall, unless other-
and whenever the, and during"
pleasure.
Governor shall appoint to any vacant office or employment, of which the
initial emoluments exceed one thousand dollars or one hundred pounds
sterling a year, according as the said emoluments are fixed with reference
to dollars or to pounds sterling, as the case may be, any person not by Us
specially directed to be appointed thereto, he shall, at the same time, ex-
pressly apprise such person that such appointment is to be considered only
as temporary and provisional until Our allowance or disallowance thereof
be signified.'
CONSTITUTION OF COUNCILS—HONGKONG
officers3*0" °f officerXXXIII.—Before suspendingemoluments
whose annual pensionable from the exercise exceed ofonehisthousand
office anydollanilJ
publiU
or one hundred pounds sterling, according as the said emoluments are fixeici
with reference to dollars or to pounds sterling, as the case may be, tbcr
G-overnor shall signify to such officer, by a statement in writing, tbfij
grounds of the intended suspension, and shall call upon him to state i'J(9
writing the grounds upon which he desires to exculpate himself, and if thji j
officer does not furnish such statement within the time fixed by the Govenlv
nor, or fails to exculpate himself to the satisfaction of the Governor, thcr
Governor shall appoint a Committee of the Executive Council to investigate 13
the charge make and to make a full report to the Executive Council. Th '
Governor shall forthwith cause such report to be considered by the Counci d
and shall cause to be recorded on the Minutes whether the Council or th a
majority thereof does or does not assent to the suspension; and if th) 1
Governor thereupon proceed to such suspension, he shall transmit th]H
report of the Committee and the evidence taken by it, together with thl,
Minutes of the proceedings of the Council, to Us through one of 0u|0
Principal Secretaries of State by the earliest opportunity. But if in ani s
case the interests of Our service shall appear to the Governor to demanj
that a person shall cease to exercise the powers and functions of his offid fi
instantly, or before there shall be time to take the proceedings hereinbefor) >1
directed, he shall then interdict such person from the exercise of the power! )i
and functions of his office.
B a
?n^owerepitaiof°"ard
case 0n
" the XXXIV.—Whenever
sentence of any Courtany offender
iu the Colonyshallto suffer
have been
death,condemned
the Governo;b: n
beeiaid
t*before ep rt
° ca
ll upon the Judge who presided at the trial to make reporthimtowhich
to abewrittei k
Council.Executive into reportconsideration
of the case ofat the
suchfirst
offender,
meetingandof shall cause suchCouncil
the Executive takes
mai jf1
be conveniently held thereafter, and he may cause the said Judge to bi <
specially summoned to attend at such meeting and to produce his note! Jc
0
thereat. The aGovernor
6 un ess ear
shall not pardon or reprieve any such offendei bl
advice"
Uve’counciHn" ? Ex ecu of ^the Executive
^ PPCouncil
to him expedient
thereon; but soinortoallreprieve,
do,such
uponcases
receiving
he is tothe advicj >ih<
tohisdecide
™ch cases. either to extend or to withhold a pardon according owi v<
own judgment deliberate judgment, whether the Members of the Executive Council concu. b
sonso^Councfi
Minutes, it un- tive therein or otherwise, entering, nevertheless, on the Minutes of the Execu n
an Council a Minute of his reasons at length, in case he should decidJt* !
the^dviceoTthe
majority. Members 7 such question
thereof. in opposition to the judgment of the majority of thj J
XXXV.—The Governor shall punctually forward to Us from year b ‘
year, through one of Our Principal Secretaries of State, the annual bool [k
of returns for the Colony, commonly called the Blue Book, relating t«
the Revenue and Expenditure, Defence, Public Works, Legislation, Civijn
Establishments, Pensions, Population, Schools, Course of Exchange g,
Imports and Exports, Agriculture, Produce, Manufactures, and o.thej i
matters in the said Blue Book more particularly specified, with reference >n
to the state and condition of the Colony.
Governor’s
absence. XXXVI.—The Governor shall not upon any pretence whatever quijw
the Colony without having first obtained leave from Us for so doing 11
under Our Sign Manual and Signet, or through one of Our Principal;
Secretaries of State.
Term “ the”
Governor XXXVII.—In these Our Instructions the term “the Governor” shall;.r
explained. being unless inconsistent with the context, include every person for the tiingi
administering the Government of the Colony.
Given at Our Court at Saint James’s, this Fourteenth day of February, [
1917, in the Seventh year of Our Reign.
CONSTITUTION OF COUNCILS—HONGKONG 397
The Executive Council.
At present (3926) the Executive Council consists of
The Governor (tx-officto).
The Senior Military Officer in Command (ex-officio).
'I he Colonial Secretary (ex-officio).
The Attorney-General (ex-officio).
The Colonial Treasurer (ex-officio).
The Director of Public Worts.
The Secretary for Chinese Affairs.
Hon. Sir C. P. Chater, Kt., C.M.G.
Hon. Sir H. E. Pollock, K.C.
Hon. Mr. P. H. Holyoak.
Legislative Council.
The following are the members of the Legislative Council—
The Governor.
The Senior Military Officer in Command.
The Colonial Secretary.
The Attorney-General. - Off c'al Members.
The Colonial Treasurer.
The Director of Public Works.
The Secretary for Chinese Affairs.
The Principal Civil Medical Officer. J
Hon. Sir H. E. Pollock, K.C 1
Hon. Mr. P. H. Holyoak.
Hon. Sir Shomson Chow. - Unofficial Members.
Hon. Mr. ft. H. Kotewall.
if ou. Mr. H. W. Bird.
Hon. Mr. A. 0. Lang
Appointment of Members of the Legislative Council.
By a Despatch from the Secretary of State, the following course is followed in
the appointment of unofficial members:—
Appointed by the Governor (one at least of whom
being a member of the Chinese community) 4
Elected by the Chamber of Commerce 1
Elected by the Justices of the Peace 1
Total 6
STANDING RULES AND ORDERS
OF
THE LEGISLATIVE COUNCIL OE HONGKONG
Made by the Legislative Council on the 7th day of March, 1912,
in pursuance of Article XIX. of the Royal Instructions of the
19th day of January, 1888, as amended by the Royal
Instructions of the 7th day of July, 1896, in substitution for the
Standing Rules and Orders in force on that date.
Summons
1. —The meetings of the Leg
day and hour as shall from time to time be ordered by the Governor.
2. —Notice of a meeting sha
hereinafter called the Clerk, to each Member of the Council, at least two
clear days before the day of meeting; except in case of emergency, when
as long notice as possible shall be given. At the time of giving such
notice, a copy of the Orders of the Day shall also be sent to each
Member.
3. —A printed copy of every
Member by the Clerk at least two clear days before it is read a first
time.
4. —A Member, who for any
of which notice has been given him, shall whenever possible communicate
to the President through the Clerk his inability to attend.
Meetings and Adjournment
5. —The Governor shall pre
Council unless prevented by illness or other grave cause, and in his
absence that Member shall preside who is first in precedence of those
present.
6. —The Legislative Counci
transaction of business on account of any vacancies among the Members
thereof; but the said Council shall not be competent to -act in any case
unless (including the President) there be present at and throughout the
meetings of the Council five Members at the least.
7. —The Clerk shall keep Mi
and shall, if possible, two clear days at least before each meeting, send a
printed copy of the Minutes of the previous meeting to each Member.
8. —When a quorum has be
Minutes of the last meeting have been previously circulated in print
among the Members, propose that they be confirmed. If they have not
been previously so circulated, the Clerk shall read them and they shall
after being approved or, if necessary, corrected, be confirmed; but no
debate shall be allowed thereupon, except as to any proposed correction
Suspension
adjournmentor having9. reference to the accuracy of the Minutes.
—The President may at
meeting. of meeting.
KULES OF LEGISLATIVE COUNCIL—HONGKONG 399
10. —At any time during a meeting, the Council may, on motion t
- Jthat effect being carried, adjourn to any other hour or day; aud, should
(the adjournment be to another day, notice of the day to which Council is
)£iadjourned shall be given to the Members by the Clerk.
Committees
11. —At the first Meeting of the Council in each year, the Presiden
may appoint the following Standing Committees:— Committees.
(a) Finance Committee—consisting of the Colonial Secretary
(Chairman), and the other Members of Council except the
Governor or Officer Administering the Government.
(b) A Law Committee—consisting of the Attorney-General
(Chairman), and four other Members.
(c) A Public Works Committee—consisting of the Director
of Public Works (Chairman), and four other Members.
12. —If any Member of either the Law Committee or the Publ
V Works Committee shall die, or become incapable of acting, or be absent cies-
ft from the Colony, or resign by writing under his hand, or if from any
I cause his seat on either of such Committees becomes vacant, the Presi-
dent may, at any. meeting of the Council, appoint another Member of
Council, in his place, to be a Member of such Committee.
■ 13.—All Members may attend the meetings of the Standing Com- beCommittees open to
I mittees of Council, but shall not join in the discussion or vote. -
14.—Every Special Committee shall consist of at least three Nomination: of
Members who shall be nominated by the President: Provided that any lommitt
Member may move that the name of another Member be substituted for
any Member so nominated, and if the motion be duly seconded the
amendments shall, after debate, be put to the vote in accordance with
Rules 30 and 31.
15.—No Special or Standing Committee shall be competent to act Quorum,
unless at least three of its Members be present. The Clerk shall attend c^^tees.0”
upon any Special or Standing Committee if required by the Chairman
thereof to do so.
16.—The report of every Committee shall be signed by the Chairman, Report by whom
or, in his absence, by the Senior Member present. If there be any to be 31"ned-
Minority Report it shall be attached, duly signed, to the report of the
Committee.
Business
17.—When the Minutes of the last Meeting have been confirmed in order of
accordance with Rule 8, “the following shall be the Order of business:— business.
(a) Messages or Minutes of the Governor; which may, however,
be read at any time during a Meeting.
(b) Reports from Committees. The report shall be laid on
the table by the Chainnan of the Committee or in his
absence by the senior Member of the Committee present.
Provided that in the case of a Bill referred to a Standing
or Special Committee the report may be laid when the
Bill is under consideration by the Council, and in accor-
dance with the procedure laid down in Rule 45.
(c) Petitions in accordance with the procedure detailed in Rule
51.
(d) Notices of Motions which any Member may desire to bring
forward on a day or at a Meeting to be specified: Provided
that if notice be not so given at a Meeting it must be sent
in writing to the Clerk at least three clear days before the
Meeting at which it is intended to be brought forward.
RULES OE LEGISLATIVE COUNCIL-HONGKONG
(e) Questions, of which notice must have been previously givenp
' i the same manner as laid down above for Motions :ta
Provided that a question may be put without full notice ifi ■»
the President so permit. No debate shall be allowed afterifl
a question has been duly answered.
(/) Papers laid upon the table by permission of, or by ordeiffi
of, the President.
(gr) The first, second or third readings and the Committee^
stages of Bills.
18.—Any matter under discussion or business not disposed of at thejp
time of any adjournment shall stand as part of the Orders of the Daypl
for the next meeting of the Council.
Rules of Debate
19. —Subject to Rule
the Legislative Council to propose any question, for debate therein; and .pi
such question, if seconded by any other Member, shall be debated and
.
disposed of according to the Standing Rules and Orders: Provided
always, that every Ordinance, vote, resolution, or question, the object or
..
effect of which may be to dispose of or charge any part of the revenue
arising within the Colony, shall be proposed by the President, unless the
proposal of the same by some other member shall have been expressly [l
allowed or directed by him.
20. —The following mo
(a) Any motion for the confirmation or correction of the i-
Minutes of the Council, or for the adoption, consideration,
modification, or rejection of the report of any Committee.
(b) Any motion that a petition, or other paper, do lie on the
table, or be printed.
(c) Any motion for the adjournment of the Council, or of a debate.
(d) Any motion for the suspension of any Standing Rule.
(e) Any motion for the reference of any matter to a Committee,
(f) Any motion for the withdrawal of Strangers.
(g) Any motion made when the Council is in Committee.
(h) Any motion the urgency of which is admitted by two-thirds p
of the Members present including the President.
Members
ing to speak-
address 21. —Every Member s
President. to is in Committee, and shall address himself to the President.
Noltfember 22. —No Member shal
bybe name.
referred to the case of reference to an unofficial Member and then only where it is |
necessary for the purpose of the debate. I
Interruptions. rising23.to order. A Member rising —No Member shal
to order shall simply direct attention
to the point which he desires to bring to notice, and submit it to the
decision of the President.
Precedence 24. —If two Members
when two
Membersjrise shall call upon one of them to address the Council first.
Speech not to be from written or printed papers in—A
together. 25.
support of his argument.
Member may
How may oftenspeak. 26. —No
Mem- when the Council is in Committee. The Mover of any motion Member may
bers may,
however, reply at the close of a debate, and any Member may explain
himself if he has been misapprehended in any essential statement.
Motion or thereof;
amendment 27. —The Mover of an
should be in Committee but no further debate shall be allowed, whether the Council be
seconded. or not, until the motion or amendment be duly seconded.
RULES OF LEGISLATIVE COUNCIL—HONGKONG
28. —If any amendment be proposed and seconded, it shall be
sidered before the original question. If an amendment of a
amendment be moved and duly seconded, it shall be considered fi
29. —Any amendment moved and seconded may be required by
President to be committed to writing by the Mover and delivered to the
Clerk.
30. —All questions proposed for debate in the Legislative Cou
shall be decided by tbe majority of votes, and the President shall have
an original vote in common with the other Members of the Council, and
also, if upon any question the votes shall be equal, a casting vote.
31. —On a division, the roll of Members present shall be read
the Clerk, who shall record the votes, beginning with tbe Junior Member.
Each Member shall in his turn give his vote in the distinct terms
“Aye” or “No.”
The Clerk shall then read out the result, mentioning the total
number of votes for and against respectively.
32. —Any Member who dissents from the opinion of the majo
may, if he give notice forthwith of his intention to do so, lay upon the
table a statement of the grounds of his dissent, either at the same meet-
ing, or at the next ordinary meeting after the confirmation of tbe
Minutes.
33. —After a question has been put by the President questionno fur
No discussion
after
• discussion thereupon shall be allowed.
34. —Strangers may be present in the CouncilStrangers. Chamber du
debates; but shall withdraw when called upon to do so by the President
on any Member taking notice of their presence. Any stranger expressing
approbation or disapprobation shall be immediately removed under the
supervision of the Clerk.
35. —It shall be the duty of the President on his own 8authority
■enforce all these Rules: and when the President addresses the Council, SK
any Member speaking shall immediately resume his seat.
Ordinances
36. —In the making of Laws the Governor and the Council s
observe, as far as practicable, the following Rules:—
(1) All Laws shall be styled “Ordinances,” and the enacting aac
words shall be, “enacted by the Governor of Hongkong, lor
with the advice and consent of the Legislative Council ,T'"
thereof.”
(2) All Ordinances shall be distinguished by titles, and shall be ord
divided into successive clauses or paragraphs, numbered ^
consecutively, and to every such clause there shall be c “
annexed in the margin a short summary of its contents.
The Ordinances of each year shall be distinguished by
consecutive numbers, commencing in each year with the
number one.
37. —The Mover of a Bill, on moving the first reading thereof, s
state the object and intention of the measure and the reasons on which speech’
it is founded.
38. —After such motion has been seconded by another Member
Bill shall be read a first time. The President may address the Council
on the first reading of a Bill should he desire to do so, but no further
discussion shall be permitted.
39. —On the first reading of a Bill, the Clerk read shall read only
title of it. -
40. —Except as provided for in Rule 48, every Bill shall be publ:
in the Gazette for general information after having been read a first 1
402 RULES OF LEGISLATIVE COUNCIL—HONGKONG
Second reading. 41. —When a motio
made and seconded, a debate may be taken only upon the general merits fi
and principles of the Bill, and if such second reading be assented to, the
Council may either refer the Bill to a Standing or Special Committee or
may, either forthwith or at a subsequent meeting, resolve itself into a
Committee of the whole Council.
Publication. 42. —Except as pro
second time before it shall have been published at least once in the
Gazette, and, subject to the said exception, no Bill which shall have been j
materially amended in Committee shall be read a third time until it has
been published as so amended in the Gazette.
inProcedure
Committee. resolved 43. —When the Co
itself into a Committee of the whole Council for the considera-
tion of a Bill, the Clerk shall read the Bill clause by clause unless the ;
President with the consent of the Committee shall have directed him to-:
read the marginal headings only. And the Committee shall agree to or •
alter each clause separately as they may think fit. Provided that any
clause may be left over for discussion and decis'on at a subsequent meet-
ing of the Council in Committee, and that whether the whole Bill or any ;
clause thereof be left in Committee the Council may on motion made and
adopted resume and proceed with the remaining business of the day.
Filling blanks. 44. —In filling up
amendment respecting amounts of money or periods of time, the question
of the lowest amount of money or shortest period of time proposed shall
be first put.
Bill reported on 45.
byCommittee.
Standing —If a Committ
recommend any material amendment therein, the Bill may be printed
with such amendments and, after publication in the Gazette, may with per-
mission of the Council be substituted for the Bill as read a second time.
Every such Bill shall be considered in Committee of the whole Council.
Bill may be re-
committed. through 46. —When a Bill h
Committee, or if, on the third reading, any Member desire to
omit or amend any provision contained in the Bill, or to introduce any
fresh provision thereinto, it may on motion to that effect being made
and carried be re-committed, provided that it has not been read a third
time, and thereupon the Council shall again resolve itself into Committee-
for the discussion of any specified amendment to any clause. If a Bill
has passed through Committee with the exception of any specially
reserved clause it shall not be possible for any Member to move an
amendment to any clause already assented to and passed, unless a motion
shall have been previously made and carried that the clause or the whole-
Bill be re-committed.
Third reading. 47. —If no materia
the whole Council, it may be read a third time, and passed, at the same
meeting, if no Member object; but, except as provided for in Rule 48, if
any material alteration be made, or any Member object to proceed
immediately with the third reading, it shall be postponed till the next
ensuing meeting.
Suspension
Standing of 48. —In cases wher
Orders. of an unimportant nature have been made to a Bill, or in cases of
emergency, if the G-overnor declares that such emergency exists, and the
grounds therefor, and that in his opinion it is necessary or desirable in the
public interest that any of the Standing Rules relative to the ordinary
procedure in respect to Bills be suspended, it may be moved that the said
Rules be suspended, and if the motion be adopted by a majority of the
RULES OF LEGISLATIVE COUNCIL-HONGKONG
at fotes of the Members present, the Bill may be carried through its
remaining stages at one sitting.
49. —A Bill may be referred either to a Special Committee or to a
Itanding Committee at any stage of its progress prior to the third m\ttee.a C°m"
4ing.
50. —When a Bill has been read a third time, the question “ that
lis Bill do pass”.shall immediately be put.
Petitions
51. —The Petitions addressed to the Council may be sent to the Clerk
or they may be presented by any Member of the Council.
No Petition shall be received which is not properly and respectfully
worded, or which does not relate to matters of Legislation.
It shall be the duty of the Clerk or of the Member presenting a
Petition to inform the President if he has any doubt whether the Petition
comes under either of these prohibitions; and as to the first the decision
of the President shall be final, and as to the second the President shall
if he has any doubt refer the matter for the decision of the Law
Committee. If the Petition be rejected under either of these prohibitions
it shall be returned by the Clerk to the Petitioner.
Petitions not coming- within the above prohibitions shall be received
as of course without question.
Petitions relating to any Bills before a Special or Standing Com-
mittee, shall on receipt be referred by the Clerk to the Committee, by
whom they will be presented to the Council with their Report. Other
petitions after being received, if it be so resolved, may be read, or may be
printed and laid on the table, or may be referred to a Committee for
consideration and report.
52. —No speech shall be made on presenting a petition, beyond such
may be necessary to explain its nature and object. petition.
Private Rights
53. —In any case where individual rights or interests of property
may be peculiarly affected by any proposed Bill, all parties interested heftrd-
may, upon petition for that purpose, or motion made, seconded and
carried, be heard before the Council, or any Committee thereof, either in
person, or by Counsel.
54. —When it is intended to examine any Witnesses, the Member
or the Petitioner requiring such Witnesses, shall deliver to the Clerk a Wltnesses-
list containing the names and residences of such Witnesses, at least two
days before the day appointed for their examination. The evidence of
every such Witness shall be taken down by the Clerk and be signed by
the Witness.
55. —Before any Private Bill, whereby the property of anyinprivate
person may be affected, is introduced, notification of the intention of
the parties to apply for such Private Bill shall be given by the parties,
by two advertisements in the Gazette, and two in some daily Newspaper
circulating in the Colony, and, if the parties affected are Chinese, in one
Chinese Newspaper, and by publication of the proposed Bill at least once
in the Gazette prior to the first reading and, if amended in Committee,
once prior to the third reading. No Private Ordinance shall be passed
whereby the property of any private person may be affected in which there
is not a saving of the rights of His Majesty the King, His Heirs and
Successors, and of all bodies politic or corporate and of all other persons
except such as are mentioned in the Ordinance and those claiming by
from and under them.
CHINESE EMIGRATION IN BRITISH SHIPS
Emigration
Under the Imperial Chinese Passengers’ Act, 1855, any vessel clearing with more
than twenty Asiatics on a voyage of more than seven days’ duration is a Chinese
passenger ship.
Proclamations of 26th January, 1856, and 17th November, 1858, declare the
length of certain voyages.
Ordinance 1 of 1889, Sections 3 and 4, give the legal definition of a voyage.
Section 46 of the same Ordinance provides that all ships proceeding on a voyage
of not more than thirty days’ duration shall be subject to the regulations contained
in the following Schedule : —
1. No ship shall clesr out or proceed to sea unless the master thereof shall have
received from an Emigration Officer a copy of these regulations and a certificate in the
form contained in schedule K, nor until the master shall have entered into the bond
prescribed by Section IV. of “The Chinese Passengers’ Act, 1855.”.
2. No Emigration Officers shall be bound to give such certificate till seven days
after receiving an application in writing for the same from the owners or charterers
of the ship, or, if absent, from their respective agents, specifying the name of the ship,
her tonnage, the port of destination, the proposed day of departure, the number of
passengers intended to be carried, and whether such passengers or any of them are
under contracts of service.
3. After receiving such application, the Emigration Officer, and any person
authorized by him in that behalf shall be at liberty at all times to enter and inspect
the ship, and the fittings, provisions, and stores therein, and any person impeding
such entry or inspection, or refusing to allow of the same, shall be liable to a fine
not exceeding one hundred dollars for each offence.
4. The following conditions as to the accommodation of passengers shall be
observed to the satisfaction of the Emigration Officer :—
(1) The space appropriated to the passengers between decks shall be properly
ventilated, and shall contain at the least 9 superficial and 54 cubical feet
of space for every adult on board; that is to say, for every passenger
above twelve years of age, and for every two passengers between the
ages of one and twelve years. The height between decks shall be at
least six feet.
(2) The accommodation for female passengers between decks shall be separate
from that provided for male passengers.
(3) A space of four superficial feet per adult shall be left clear on the upper
deck for the use of the passengers.
(4) A reasonable space shall be set apart properly divided and fitted up as
a sick bay, and sufficient latrines, both as to condition and number, shall
be provided in suitable parts of the ship.
5. The Emigration Officer may, in his discretion, permit deck passengers to
be carried, upon such conditions as may, from time to time, be prescribed
under instructions from one of Her Majesty’s Principal Secretaries of State, and
until and subject to such instructions upon the conditions following :—
(1) A suitable awning with screen shall be provided on deck, sufficient for
the protection of the passengers from the sun and from rain.
(2) The space appropriated to such deck passengers shall contain at the
least sixteen superficial feet for every adult, that is to say, for every
CHINESE PASSENGERS’ ACT 405'
passenger above twelve years of age, and for every two passengers between
the ages of one and twelve.
(3) In case deck passengers shall be carried in addition to other passengers
or whom accommodation between decks shall be provided, the space to
be appropriated for deck passengers shall be reckoned exclusively of the
space of four superficial feet per adult required to be left clear on the
upper deck for the use of such other passengers.
6. The following conditions as to provisions shall be observed to the satisfaction
of the Emigration Officer:—
(1) Provisions, fuel, and water shall be placed on board of good quality,
properly packed and sufficient for the use and consumption of the
passengers, over and above the victualling of crew during the intended
voyage, according to the following scale:—
For every Passenger per diem:—
Rice
Driedorand/or
BreadSalt
Stuff J5. O1£.J.
Chinese CondimentsFish
FreshPotatoes,
Vegetables and will
which Stuffsfor short voyages, such as Sweet litlb.oz.
Currykeep 1.
Fire wood Turnips, Carrots, and Pumpkins j lb.iD- 1J.,,
Water (to be carried in tanks or sweet casks) 1 gallon.
(2) The last preceding condition as to provisions shall be deemed to have
been complied with in any case where by the special authority of
the Emigration Officer any other articles of food shall have been substi-
tuted for the articles enumerated in the foregoing scale, as being
equivalent thereto.
(3) The passengers may supply their own provisions for the voyage and
proper accommodation for the stowage and sufficient cabooses for the
cooking of such provisions must be allowed.
7. The Emigration Officer shall not give his certificate unless he shall have been
satisfied:—
(1) That the ship is seaworthy, and properly manned, equipped, fitted, and
ventilated, and has not on board any cargo likely, from its quality,
quantity, or mode of stowage, to prejudice the health or safety of the
passengers.
(2) That suitable medicines and medical stores, provisions, fuel and water
have been placed on board, of good quality, properly packed and suffi-
cient in quantity to supply the passengers on board during the intended
voyage
(3) That all the requirements of Section 46 of this Ordinance have been
complied with.
8. The Emigration Officer may, in his discretion (subject in Hongkong to an
appeal to the Governor) withhold his certificate in all cases where the intended pas-
sengers or any of them are under contracts of service, and he shall in no case give his
certificate until he shall have mustered the passengers, and have ascertained to the
best of his power that they understand whither they are going, and in case they shall
have made any contracts of service that they comprehend the nature thereof; he shall
also take care that a copy of the form of any such contracts, or an abstract of their
substance, signed by himself, is appended to the said certificate: if any of the pas-
sengers are in bad health, or insufficiently provided with clothing, or if any contracts
are unfair, or if there is reason to suspect that fraud and violence have been
practised in their collection or embarkation, he may detain the ship, and if he shall
think fit, may order all or any of the passengers to be re-landed.
9. The Emigration Officer may, if he shall think fit, before granting his certificate
employ any duly qualified medical practitioner, master mariner, marine surveyor, or
406 CHINESE PASSENGERS’ ACT
other person whose professional assistance and advice he may require for the purpose
of ascertaining whether the requirements of Section 46 of this Ordinance have been
duly complied with, and the costs and charges of obtaining such assistance and advice
shall be defrayed by the owners or charterers of the ship, whether the Emigration
Officer shall grant his certificate or not.
10. The Emigration Officer shall, from time to time, fix a reasonable scale of fees
and charges to be approved by one of Her Majesty’s Principal Secretaries of State,
for the remuneration of any professional persons who may be employed by him under
the last preceding regulation, and pending the approval or disapproval of such scale,
the fees and charges therein specified shall be payable, as if the same had been
. approved in manner aforesaid.
11. The owners or charterers of every ship shall pay such fees for the remuneration
of the Emigration Officer as may, from time to time, be ordered under the instructions
from one of Her Majesty’s Principal Secretaries of State, and until and subject to
such instructions, the following fees shall be payable in addition to all fees charge-
able under Regulation 10:—
Upon
Upon the applicationof for
the granting the aCertificate
Certificate $25
$25
Provided always that no fees shall be payable to the Emigration Officer of
Hongkong, but in lieu thereof the following stamp duties are hereby imposed, that
ns to say:—
Uponschedule,
every application
a stamp dutyfor ofa certificate under Regulation 2 contained in this$1
Upondutyeveryof Certificate granted under Regulation 1 of this schedule, a stamp$1
And the Stamp Ordinance, 1886, shall be read as if the stamp duties hereby
imposed were inserted in the schedule thereof.
12. In case default shall be made by the owners or charterers of the ship in the
payment of any fees and charges to which they may be liable under Section 46 of this
Ordinance and this Schedule, the ship may be detained by the British Consul, or if in
Hongkong by the G-overnor, until such fees and charges shall have been paid.
13. The Emigration Officer may withhold his certificate or revoke the same at
any time before the departure of the ship, if it shall appear to his satisfaction that
any particulars contained in the application in writing which shall have been made
or the same or any other particulars which may have been furnished to him by or on
behalf of the owners, charterers, or master of the ship in relation thereto, are untrue
and that the conditions of Section 46 of this Ordinance have not been complied with
and in every such case it shall be lawful for the British Consul, or if in Hongkong for
the Governor, to seize and detain the ship until the certificate, if already granted,
shall have been delivered up to be cancelled.
14. The master of every British ship shall, during the whole of the intended
voyage, make issues of provisions, fuel, and water, according to aforesaid dietary
scale, to all the passengers except such as shall have supplied themselves therewith,
and shall not make any alteration except for the manifest advantage of the passengers,
in respect of the space allotted to them as aforesaid, or in respect of the means of
ventilation, and shall not ill-use the passengers, or require them (except in case of
necessity) to help in working the vessel; and shall issue medicines and medical comforts
as shall be requisite, to the best of his judgment, and shall call at such ports as
may be mentioned in the Emigration Officer’s clearing certificate for fresh water and
other necessaries; and. shall carry the passengers without unnecessary delay to the
destination to which they have contracted to proceed.
15. The master of every British ship shall, within 24 hours after his arrival at
' the port of destination and at any port of call, produce his emigration papers to the
British Consul (if any) at such port, or in case such port shall be in her Majesty’s
-dominions to any officer appointed or authorized by the local Government in that
IMPERIAL ORDINANCE RELATING TO FOREIGN INSCE. COS. IN JAPAN 407
[is behalf. It shall be lawful for such Consul or other officer to enter and inspect such
I ship, and in case the master shall obstruct or refuse to assist him in the discharge of
sr such duty, or shall without reasonable cause fail to produce his emigration papers
as aforesaid, he shall be liable to a fine of five hundred dollars, and the ship may be-
detained by the British Consul, or if in Her Majesty’s dominions, by the local
Government, until such fine shall have been paid and the emigration papers shall have
been given up.
16. In all ports and places where no Emigration Officer shall have been appointed,
the British Consul shall, until such appointment, and at all times pending the
vacancy of such office, be deemed to-be the Emigration Officer for the purposes of
these Regulations.
Section 21 of Ordinance 1 of 1889 provides that the Governor in Council may
grant a special licence for any period not exceeding twelve months, to first-class
steamers, to carry a limited number of free Chinese passengers upon voyages of not
more than thirty days’ duration between ports to be specified in the licence, and
subject to certain regulations which, as regards dietary, space, and accommodation,
are the same as those given above.
Vessels proceeding on voyages of more than thirty days’ duration are subject to
rules made under the Chinese Passengers’ Act, 1855.
IMPERIAL ORDINANCE RELATING TO EOREIGN
INSURANCE COMPANIES IN JAPAN
1. —If a Foreign Company establishes an agency in Japan and
insurance business, it must have a representative in Japan.
2. —The said Foreign Company must report to the Government the
the residence of its representative.
3. —Articles 95 and 97 to 101 of the Commercial Code shall be ap
Foreign Companies.
4. —If the Government recognizes that a Foreign Company has d
continuing in business (is insolvent?)* or if the Company violates the instructions of
the Government, the Government may suspend the business or order that its
representative be changed.
5. —When the Foreign Company makes up its balance-sheet, a wri
of the business, together with the balance-sheet showing profit and statement of the
dividend, must be produced to the Government.
6. —A Foreign Company which has established a branch office or
Japan previous to the operation of the Commercial Code must obtain a licence from
the Government within six months from the date of the operation of the Commercial ■
Code.
7. —Articles 1, 2, 4, and 5, and Articles 98 to 101 in the Commercial
be applied to the Company which has established a branch office or agency in Japan
previous to the operation of the Commercial Code. ■
This Imperial Ordinance will take effect from the day of the operation of
the Commercial Code.
HONGKONG PORT REGULATIONS
Abstract of Ordinance 26 of 1891
III. —No British-owned vessel without a Register to
Colony.
IV. —British ships to be provided with boats and life-buoy
2. Penalties for non-compliance: not exceeding five hundred dollars.
V. —British and Foreign steamships of 60 tons and upw
than 12 passengers to possess Survey Certificates.
VI. —Harbour Master may refuse clearances to ships car
than allowed by certificate.
2 and 3.—Penalty for taking excess of passengers : not exceeding two hundred
dollars, in addition to a penalty not exceeding five dollars for every passenger in
excess of the number permitted to be carried by port clearance. Penalty for
proceeding to sea without a port clearance: five hundred dolars.
5. G-overnment may prohibit conveyance of deck passengers.
6. Section VI. does not apply to vessels which come under the Chinese
Passengers’ Act.
VII. —Regulations for steamships under 60 tons.
VIII. —Licences may be granted to River steamers, lim
do be carried.
IX. —Power to detain unsafe ships, and procedure for suc
X. —Application to foreign ships of provisions of Ordinance
XI. —Sending or taking unseaworthy ships to sea a misdem
3. Prosecution under this section not to be instituted without consent of the
Governor.
XII. —If any person sends or attempts to send by, or, n
of the vessel, carries or attempts to carry in any vessel, British or foreign, any
dangerous goods, that is to say: aquafortis, vitriol, naphtha, benzine, gunpowder,
lucifer matches, nitro-glycerine, petroleum, or any other goods of a dangerous nature
without distinctly marking their nature on the outside of the package containing the
same, and giving written notice of the nature of such goods and of the name and
address of the sender or carrier thereof to the master or owner of the vessel at or
before the time of sending same to be shipped, or taking the same on board the
vessel, he shall for every such offence incur a penalty not exceeding five hundred
dollars: Provided that if such person show that he was merely an agent in the
shipment of such goods and had no reason to suspect that the goods shipped by him
were of a dangerous nature, the penalty which he incurs shall not exceed fifty dollars.
2. Penalty for misdescription of dangerous goods: not exceeding two thousand
-five hundred dollars.
3. The master or owner of any vessel, British or foreign, may refuse to take on
board any package or parcel which he suspects to contain goods of a dangerous
nature, and may require it to be opened to ascertain the fact.
4. Where any dangerous goods, as defined in Paragraph I. of this section, or any
goods which, in the judgment of the master or owner of the vessel, are of a dangerous
nature, have been sent or brought aboard any vessel, British or foreign, without being
marked as aforesaid, or without such notice having been given as aforesaid, the
master or owner of the vessel may cause such goods to be thrown overboard, together
with any package or receptacle in which they are contained; and neither the master
HONGKONG POET REGTJLA.TJ.ONS
cnor the owner of the vessel shall, in respect of such throwing overboard, be subject
•to any liability, civil or criminal, in any Court.
5. Dangerous goods improperly sent may be forfeited.
6 The Court may proceed in absence of the owners.
7. Saving as to Dangerous Goods Ordinance.
XIII. —Constitution and powers of Marine Courts and Courts of
XIV. —If a shipowner feels aggrieved:—
(а) By a declaration of a Government Surveyor or Surveyors under Sub-
section 8 of Section Y. of this Ordinance, or by the refusal of a Surveyor
to give the said declaration; or
(б) By the refusal of a certificate of clearance for an emigrant ship under
the “ Chinese Passengers’ Act, 1855, ” or the Ordinance relating
thereto; or
(c) By the refusal of a certificate of clearance under this Ordinance—the
owner, charterer, master, or agent may appeal in the prescribed manner
to a Court of Survey.
XY.—Examinations shall be instituted for persons who intend to become masters*
engineers, or mates of foreign-going ships.
3. Applicant to give notice to Harbour Master.
6. Every applicant for a certificate of competency shall, upon lodging his ap-
plication, pay to the Harbour Master a fee, if for a master’s or first-class engineer’^
certificate, of twenty dollars, and if for any other certificate, of fifteen dollars.
8. Any applicant who shall have passed a satisfactory examination, and shall
have given satisfactory evidence of his sobriety, experience, and general good conduct
I on board ship, shall be entitled to receive a certificate of competency.
XVI.—2. The name of a master, first, only or second mate, or first or second
engineer shall not be attached to the register, or articles of agreement, of any British
or Colonial ship unless such master, mate, or engineer shall possess a certificate of
service or competency issued by the Board of Trade or by the proper authority in
any British Possession,
3. No British or Colonial ship shall leave the waters of the Colony unless the
master thereof, and the first and second or only mate have obtained and possess valid
certificates of competency or service appropriate to their several stations in such ship,
or of a higher grade, and no such ship, if of one hundred tons burden or upwards
shall leave the waters as aforesaid, unless at least one officer, besides the master, has
obtained, and possesses, a valid certificate appropriate to the grade of only mate there-
in, or to a higher grade.
4. Every British steamship of one hundred nominal horse-power or upwards,
leaving the waters of the Colony, shall have as its first and second engineers two
certificated engineers, the first possessing a “ first-class engineer’s certificate, ” and
the second possessing a “ second-class engineer’s certificate,” or a certificate of the
higher grade, and every British steamship of less than one hundred nominal horse-
power shall have as its only or first engineer an engineer possessing a “ second-class
engineer’s certificate, ” or certificate of the higher grade.
7. Every person who, having been engaged in any of the capacities mentioned in
Sub-sections 2 and 3, in any such ship as aforesaid goes to sea in that capacity without
being at the time entitled to and possessed of such certificate as is required by this
section; and every person who employs any person in any of the above capacities m
such ship without ascertaining that he is at the time entitled to or possessed of such
certificate as is required by this section, shall, for each offence, incur a penalty not
exceeding two hundred and fifty dollars.
8. No seaman shall, except with the Harbour Master’s sanction, be shipped to
do duty on board a British ship, or any foreign ship whose flag is not represented by
a Consular officer resident in the Colony, elsewhere than at the Mercantile Marine
Office. Fees to be charged.
11. No seaman shall be discharged from a British ship, or any foreign ship whose
410 HONGKONG POET EEGULATIONS
flag is not represented by a Consular officer resident in the Colony, elsewhere than at j
the Mercantile Marine Office, and every seaman discharged from a foreign ship so <
represented shall, within twenty-four hours oE being1 discharged at the office of his ;
Consul or Vice-Consul, produce to the Harbour Master, or some person deputed ]
by him, a certificate of his discharge, signed by such Consul or Vice-Consul, under a
penalty not exceeding twenty-five dollars; in default, imprisonment not exceeding j
twenty-one days.
12. No master of any ship shall discharge in this Colony, under a penalty ;
not exceeding twenty-five dollars, any seaman shipped on board thereof unless on ;
a certificate from the Superintendent of the Mercantile Marine Office or his |
deputy, or from the Consul or Vice-Consul, if any, representing the nation I
to with the ship belongs; and the Superintendent or his deputy, and the
Consul or Vice-Consul are empowered to withhold or grant his certificate upon
such conditions for the subsistence of the seaman as he shall think fit, and if any j
seaman shall wilfully or negligently remain in the Colony after the departure of the
vessel in which he shall have shipped, such seaman shall, on couviction, be subject j
to a penalty not exceeding twenty-five dollars, or to imprisonment for a term not j
exceeding one month with or without hard labour.
13. Penalty for wrongfully leaving behind any seaman or apprentice: Two j
hundred and fifty dollars or imprisonment not exceeding six months.
XIX. —British and Colonial Ships to carry medici
accordance with scale issued by Board of Trade.
3. Health Officer to approve of lime or lemon juice.
XX. —Seamen deserting may be apprehended and pu
which they belong, or may be confined in gaol.
2. Ships or houses may be searched for deserters from ships.
3. Penalty on persons harbouring deserters from ships: not exceeding two
hundred and fifty dollars, or imprisonment with or without hard labour not exceed- 1
ing six months.
4. Harbour Master may require masters of ships to search for suspected deserters. '
5. Whenever any seaman engaged in any foreign ship commits any of the ;
following offences within the waters of the Colony, he shall be liable to be punished i
summarily by a Stipendiary Magistrate as follows, that is to say:
(a) For wilful disobedience to any lawful command, he shall be liable to
imprisonment for any period not exceeding four weeks, with or without \
hard labour, and also, at the discretion of the Court, to forfeit, out of
his wages, a sum not exceeding two days’ pay;
(bj For continued wilful disobedience to lawful commands, or continued
wilful neglect of duty, he shall be liable to imprisonment for any
period not exceeding twelve weeks, with or without hard labour, and
also, at the discretion of the Court, to forfeit, for every twenty-four
hours’ continuance of such disobedience or neglect, either a sum not
exceeding six days’ pay, or any expenses which have been incurred in
hiring a substitute;
(c) For combining with any other or others of the crew to disobey lawful
commands, or to neglect duty, or to impede the navigation of the ship
or the progress of the voyage, he shall be liable to imprisonment for
any period not exceeding twelve weeks, with or without hard labour:
Provided that when there is a Consul, Vice-Consul, or Consular Agent resident at
Hongkong of the nation to which the ship belongs the Court shall not deal with the
case unless thereto requested by such officer in writing.
6. AH expenses incidental to the apprehension, confinement, and removal of any
seaman, under this section, shall be paid by the master of the ship to which such
seaman may belong, and be recoverable from him at the suit of the Captain
.Superintendent of Police, as a debt due to the Government of this Colony ; and the
subsistence money for every such seaman confined in gaol shall be paid in advance
?1 ; HONGKONG POET REGULATIONS ill'
i to the Superintendent of the Gaol, and in7 default of such payment, the gaoler may release
——
)j; such seaman: Provided that every seaman imprisoned under this chapter may be sent
r on board his ship prior to her departure from the waters of the Colony by direction
I of the committing magistrate.
XXI. —In the event of the death of any of the passengers,
o occurring on board of any merchant vessel in the waters of the Colony, or on voyage to
d the Colony, or in case of the death, desertion, or removal of any of the crew, the-
i) master of such vessel Shall forthwith report the same to the Harbour Master, under a
penalty not exceeding twenty-five dollars for every death, desertion, or removal which
he shall neglect to report.
XXII. —Any seaman, or other person, who shall give a fal
services, or show, make, or procure to be made, any false character, or shall make
1 false statements as to the name of the last ship in which he served, or as to any other
information which may be required of him by any person having lawful authority to*
demand such information, shall incur a penalty not exceeding fifty dollars.
Recmjlation anu Control of the Waters of the Colony and of
Vessels Navigating the same
Regulations
Duties of Master
XXIV.—Every master of a merchant ship shall hoist her national colours and*
number on entering the waters of the Colony; and shall keep such number flying
until the ship shall have been reported at the Harbour Master’s Office.
2. Harbour Master and Health Officer to be allowed on board at once.
3. Every such master shall, within twenty-four hours after arrival within the
waters of this Colony, report the arrival of his ship at the Harbour Master’s Office,,
and in the case of a British ship, or of a ship which shall not be represented by a
Consul, shall deposit there the ship’s articles, list of passengers, ship’s register, and
true copy of manifest if required. In the case of a foreign ship represented by a
Consul, the said papers shall be lodged by the master at the proper consulate. Any
master offending against the provisions of this sub-section shall incur a penalty not
exceeding two hundred dollars.
4. Subject to the provision of Section 30 every such master arriving in the-
waters of the Colony shall take up the berth pointed out by the Harbour Master,
or by any person sent on board by him for that purpose, and shall moor his ship
there properly, and shall not remove from it to take up any other berth, without hia
permission, except in case of necessity, to be decided by the Harbour Master, under
a penalty not exceeding one hundred dollars; and he shall remove his vessel to any
new berth when required so to do by the Harbour Master, under a fine not exceeding
twenty dollars for every hour that the vessel shall remain in her old berth after notice
to remove under the hand of the Harbour Master, or his deputy, shall have been given
on board of her.
5. Every such master shall immediately strike spars, clear hawse, or shift berth,
or obey any other order which the Harbour Master may think fit to give, and any
master wilfully disobeying or neglecting this regulation shall incur a penalty not
exceeding two hundred dollars.
6. Every such master about to proceed to sea shall where practicable hoist a Blue
Peter twenty-four hours before time of intended departure, and shall give notice
thereof to the Harbour Master, who, if there is no reasonable objection, will furnish
a port clearance, and attest the manifest, if necessary; and any master having
obtained such clearance and not sailing within thirty-six hours thereafter shall report
to the Harbour Master his reason for not sailing, and shall re-deposit the ship’s papers.
Any master wilfully neglecting or disobeying this regulation, or going to sea without
having obtained a port clearance, shall incur a penalty not exceeding fifty dollars.
412 HONGKON'G PORT REGULATIONS
Quarantine
XXY.—Governor in Council may make Quarantine Regulations.
Steamers’ Fairway
XXVI.—No vessel or boat of any description shall be allowed to anchor within
any fairway which shall be set apart by the Harbour Master for the passage of
vessels, and the master or other person in charge of any vessel or boat dropping j
anchor in or otherwise obstructing such fairway shall for each offence incur a penalty \
not exceeding fifty dollars, and in default thereof imprisonment with or without hard
labour not exceeding three months.
Enactments concerning the Safety of Ships and Prevention of Accidents
XXVII.—Every master of a ship, hulk, or other vessel, not being a boat j
propelled by oars, being at anchor in the waters of this Colony, shall, from sunset to ;
■sunrise, cause to be exhibited a bright white light at the place where it can be best j
seen, but at a height not exceeding twenty feet above the hull, and in default, shall \
incur a penalty not exceeding one hundred dollars.
3. In case of fire occurring on board any ship or vessel in the waters of the !
Colony: if at night, three lights shall be hoisted in a vertical position at the highest !
masthead and a single light at the peah, and guns shall be fired in quick succession
until sufficient assistance shall be rendered; if during the day, the ensign Union down I
with the signal NM, “I am on fire,” shall be hoisted at the highest masthead and I
guns fired as above provided for night time.
4. If on board any ship or vessel in the waters of the Colony a disturbance or riot ;
shall occur which the master or his officers are unable to quell: if by day, the ensign
Union down shall be hoisted at the peah and the Signal PC. “ want assistance; mutiny ” ;
shall be hoistedat the highest masthead or wherever practicable underthecircurastances; 1
guns may also be fired as in Sub-section 2-, if by night, three lights shall be hoisted at j
the peak and a single light at the masthead, and guns may also be fired as before stated. |
Offences in the Waters of the Colony
\_See also “ The Dangerous Goods Ordinance, 1873,” and Regulations']
XXVIII.— Every person who within the Colony or the waters thereof shall j
commit any of the following offences shall incur a penalty of not more than fifty !
dollars, or imprisonment for any term not exceeding three months, with or without ■
hard labour ; namely:
Damaging furniture of ship. Throwing into water goods unlawfully obtained.
Mooring boats so as to prevent access to wharves. Obstruction of harbour by rubbish j
Boarding ship without permission. Making fast to ship under weigh.
2. Except as is hereinbefore directed by Sub-sections 3 and 4 of Section XXVII.,
or with the sanction of the Harbour Master, no cannon, gun, or fire-arm, or firework :
of any description shall be discharged within such portions of the waters of the
Colony as the Governor may from time to time by regulations prescribe from any
merchant vessel or boat, under penalty not exceeding two hundred dollars.
Removal of Obstructions
XXIX.—The Harbour Master may, by written notice, require any person to
remove within a reasonable time, to be specified in such notice, any obstruction in the
waters of the Colony caused by such person or belonging to him or in his charge or ;
keeping; and if such person fail to remove the obstruction within the specified time,
the Harbour Master shall cause the obstruction to be removed, and may recover the
expenses of removal from the person named in the notice.
Moorings and Buoys
1. It shall be lawful for the Harbour Master to place in the waters of the
•Colony such Government moorings and buoys as may be approved by the Governor
HONGKONG PORT REGULATIONS 413
land to allow the use thereof upon such terms and conditions and for such fees as
'(the Governor in Council may direct.
2. No person shall place moorings or buoys in the waters of the Colony except
Iwith the sanction of the Harbour Master and except upon the conditions contained
In table Oa of the schedule (rental $5 half-yearly), and such moorings and buoys
Khali be of such nature as the Harbour Master shall, approve.
3. No person shall moor or anchor hulks or vessels of like description within
jthe waters of the Colony without the sanction of the Harbour Master and except
lupon such conditions and subject to the payment of such fees as the Governor in
iCouncil may direct.
4. Moorings and buoys sanctioned by the Harbour Master under Sub-section 2
Ishall not be made use of by any vessel other than the vessels of the person to whom
ji'such sanction has been granted except with the consent of such person. The master
[of any vessel using any such moorings and buoys without such consent shall be
[liable to a penalty of twenty dollars per day for every day or part of a day during
which he shall so use such moorings and buoys after he has been requested to
remove therefrom.
Lighthouses, Buoys, or Beacons
Light Dues
XXXIII.—The owner or master of every ship which enters the waters of the
Colony shall pay such dues in respect of the said lighthouses, buoys, beacons, cables
, and other apparatus as may from time to time be fixed by order of the Governor
pursuant to resolution of the Legislative Council, to such officers as the Governor
shall from time to time appoint to collect the same, and the same shall be paid by
such ofiBcers into the Colonial Treasury.
Importation and Storage of Explosives
[See also “The Dangerous Goods Ordinance, 1873,” and Regulations']
XXXVII.—The Governor is hereby empowered to provide, at the expense of the
•Colony, all necessary vessels and buildings for the storage of gunpowder or other
explosives, and no gunpowder or other explosives arriving in this Colony shall be
stored in any other building or vessel except as provided by Sub-section 10, and
subject to the observance of the rules and regulations to be made under Sub-section
12 of this .Ordinance.
2. Such vessels or buildings shall for the purposes of this chapter be termed a
government dep6t or government dep&ts for the storage of gunpowder, and shall be
under the control and management of the Harbour Master subject to such orders as
may from time to time be received from the Governor; and such vessel or vessels
shall be fitted and manned in such manner as the Harbour Master with the approval
of the Governor shall deem expedient.
3. The master of every vessel arriving in this Colony having on board thereof
any quantity of gunpowder or other explosives exceeding 200 lbs. shall
immediately, upon the arrival thereof, and before the discharge from the ship of any
such gunpowder or other explosives, furnish the Harbour Master with a copy of the
manifest of the same, the marks of all the packages, and the names of the consignees,
if he shall know the same.
4. The master of every such vessel as in the last preceding section mentioned
shall as soon as possible take the same to the place which shall be pointed out to him
by the Harbour Master, and the said vessel shall not be removed therefrom without
the permission in writing of the Harbour Master.
5. When any quantity of gunpowder or other explosives exceeding 200 lbs.
is about to be conveyed out of the Colony, the master of the vessel about to
convey the same shall, on producing the written authority of the owners thereof or
their agents, receive from the Harbour Master a permit to take on board the packages
mentioned in such authority, and the master of such vessel shall thereupon move the
HONGKONG PORT REGULATIONS
same into such anchorage as the Harbour Master may deem expedient, and fromi
s'uch anchorage the master of such vessel shall not remove the same except for theli
purpose of proceeding on his voyage or for some other sufficient cause to be approved!*
by the Harbour Master.
6. The master of every vessel having on board more than 200 lbs. ofo
gunpowder or other explosives, or whilst engaged in the transhipment of the sameJ
shall exhibit a red flag at the highest masthead.
7. It shall not be lawful for the master of any vessel to tranship any gunpowders
or other explosives between the hours of 6 p.m. and 6 a.m. from October to March
inclusive, nor between the hours of 7 p.m. and 5 a.m. from April to September
inclusive, without the written permission of the Harbour Master.
8. It shall not be lawful for the master of any vessel, without the writtei
permission of the Harbour Master, to anchor such vessel within five hundred yards of
any government depot for the storage of gunpowder.
9. It shall not be lawful for the master of any vessel having on board gun
powder or other explosives exceeding in quantity 200 lbs. to anchor nearer
than five hundred yards to any other vessel.
10. It shall not be lawful for any person, without the permission in writing of;
the Governor, to keep, except at the Government Depot, for any time, however short,
within any house, store, godown, or other place on land, a larger quantity of gun-
powder than 15 lbs. or any quantity of other explosives.
11. It shall be lawful for any justice of the peace, or Police officer duly authorized
by warrant, to enter, and if necessary to break into, any house, store, godown, vessel
or place either on land or water, within which such justice of the peace shall be
credibly informed on oath, or shall have reasonable grounds of his own knowledge toif
suspect and believe, that gunpowder or other explosives is kept or carried, or is onfl
board of any vessel contrary to the provisions of this chapter.
12. The Governor in Council is hereby empowered to make rules and*
regulations for the proper carrying out of the provisions of this chapter including^
storage of gunpowder or other explosives otherwise on land, or its carriage, within the
waters of the Colony, and to fix and vary from time to time the sums chargable
for tbe storage of gunpowder or other explosives as hereinbefore prescribed,and every;
violation or neglect of any such rules or regulations shall render the party so*
offending liable to the penalties imposed by Sub-section 14 of this section for offences
against any provisions thereof.
13. The sums charged in respect of such storage shall be paid monthly by the
party claiming to be entitled to such gunpowder or other explosives, and in the
event of the same not being paid within twenty-one days after the same shall haveW
become due and payable, it shall be lawful for the Governor to direct the said; i
gunpowder or other explosives to be sold, in order to defray the expense of storage,
and the proceeds thereof, after deduction of all government charges and the expenses a
of sale, shall be paid to the party who shall prove himself entitled thereto to the!a
satisfaction of the Governor.
14. Every person who shall violate or refuse or fail to comply with the provi- y
sions of this chapter shall incur a penalty not exceeding three hundred dollars, or c
imprisonment for any period not exceeding six months.
15. Nothing in this chapter contained shall apply to Her Majesty’s ships of war
or the ships of war of any foreign nation, or to hired armed vessels in Her Majesty’s '
service or in the service of any foreign nation, or to Government stores.
Deck and Load Line
Grain Cargoes
XL.—Ships to be marked with Deck and Load Lines.
XLI.—No cargo of which more than one-third consists of any kind of grain, com-:
rice, paddy, pulse, seeds, nuts, or nut kernels, hereinafter referred to as grain cargo, >
shall be carried on board any Colonial ship, unless such grain cargo be contained in
bags, sacks, or barrels, or secured from shifting by boards, bulkheads, or otherwise.
GENEKAL PORT REGULATIONS FOR BRITISH CONSULATES IN CHINA 415
General
6. Where under this Ordinance a ship is authorised or ordered to be detained,
it f the ship after such detention or after service on the master of any notice of or order
a ior such detention proceeds to sea before it is released by competent authority, the
master of the ship, and also the owner or agent and any person who sends the ship
to sea, if such owner or agent or person be party or privy to the offence, shall be
liable to a penalty not exceeding five hundred dollars.
7. Where a ship so proceeding to sea takes to sea when on board thereof in the
execution of his duty any officer authorised to detain the ship, or any Surveyor or
officer appointed by the G-overnor, the owner and master of the ship shall each be
liable to pay all expenses of and incidental to the officer or Surveyor being so taken
to sea, and also a penalty not exceeding five hundred dollars, or if the offence is not
prosecuted in a summary manner, not exceeding fifty dollars for every day until the
officer or Surveyor returns, or until such time as would enable him after leaving the
ship to return to the port from which he is taken, and such expenses may be recovered
in like manner as the penalty.
16. Whosoever, with intent to defraud, shall forge, or alter, or shall offer, utter,
dispose of, or put off, knowing the same to be forged or altered, any certificate, ticket,
document, matter, or thing named in this Ordinance, or any regulation made there-
siuder, shall be guilty of felony, and being convicted thereof, shall be liable, at the
discretion of the Supreme Court, to be kept in penal servitude for any term not
I -exceeding seven years, or to be imprisoned with or without hard labour.
GENERAL PORT REGULATIONS POR BRITISH
CONSULATES IN CHINA
The undersigned, Her Britannic Majesty’s Envoy Extraordinary and Minister
Plenipotentiary and Chief Superintendent of British Trade in China, acting under the
authority conferred upon him by the 85th Section of the China and Japan Order in
I ‘Council, 1865, hereby declares the following Regulations, made, in pursuance of the
I ■above Order in Council, to secure the observance of Treaties and the maintenance
I of friendly relations between British subjects and Chinese subjects and authorities
I to be applicable to all ports which are, or may hereafter become, open to British
trade:—
II.—The British Consulate offices at the several open ports shall be opened for
public business from 10 o’clock a.m. to 4 o’clock p.m. daily, excepting Sundays,
Christmas Bay, Good Friday, King’s Birthday, Easter Monday, those holidays
upon which public offices in England are closed, and Chinese New Year’s day, and
such Chinese holidays as the Chinese Customs authorities may observe,
j II.—On the arrival of any British vessel at the anchorage of any of the open
ports, the master shall, within 24 hours, deposit his ship’s papers, together with a
| summary of the manifest of her cargo, at the Consulate office, unless a Sunday or
i holiday shall intervene.
III.—Every British vessel must show her national colours on entering the port or
i: anchorage, and keep them hoisted until she shall have been reported at the Consulate
and her papers deposited there.
IY.—No British vessel or any vessel the property of a British subject, unless,
| provided with a certificate of registry, or provisional or other pass from the Super-
I intendent of Trade at Peking, or from the Colonial Government at Hongkong, shall
hoist the British ensign within any port or anchorage, or any flag similar to the
416 GENERAL PORT REGULATIONS EOR BRITISH CONSULATES IN CHINA
British ensign or of a character not to be easily distinguishable from it. Nor shall; t
any registered British vessel flying the Red ensign hoist any other ensign or flag
(except she be entitled to fly the Blue ensign) in use by Her Majesty’s vessels of war,
or the national ensign of any foreign State or any ensign or flag not plainly dis-
tinguishable from the ensigns used by Her Majesty’s ships of war or from those
flown by Ships of foreign States.
Y.—Should any seaman absent himself from his ship without permission, the
master shall forthwith report the circumstance at the Consulate office, and take the !
necessary measures for the recovery of the absentee, and it shall be lawful for the
Consul, if circumstances shall require it, in his discretion to prohibit leave being /
given to seamen to come ashore, and any master who shall violate such prohibition
shall incur the penalties hereinafter declared.
YI.—The discharge of guns or other firearms from vessels in harbour is strictly
prohibited, unless permission shall have been granted by the Consul.
VII. —Masters of vessels when reporting their arrival
writing the names of all passengers and persons not forming part of the articled
crew on board, and, previous to leaving, notice must be given of the names of all j
persons, not forming part of the articled crew, intending to leave the port on board ;
any vessel.
VIII. —All cases of death occurring at sea must be re
24 hours of the vessel’s arriving in port or harbour, and all cases of death on board (
vessels in harbour, or in the residences of British subjects on shore, must be imme- j
diately reported at the Consulate office, and in the event of sudden or accidental
death the fullest information obtainable should be given. It is strictly prohibited to- j
throw overboard the bodies of seamen or other persons dying on board of a vessel in j
harbour. Except in case of urgent necessity, no burial should take place on shore or j
from any ship in harbour without the licence of the Consul first obtained.
IX. —Stone or ballast shall not be thrown overboard i
unless permission shall have been first obtained from the local authorities through t
the intervention of Her Majesty’s Consular officer.
X. —All cases of loss of property by theft or fraud on board
assault or felony requiring redress or involving the public peace, must be immediately I
reported at the Consulate office.
If any Chinese subject guilty of, or suspected of, having committed a mis- !
demeanour on shore or afloat be detained, information must in such cases be forthwith-
lodged at the Consulate office, and in no instance shall British subjects be per- 4
mitted to use violence toward Chinese offenders or to take the law into their own
hands.
XI. —Any vessel having in the whole above 2001bs. o
explosive material on board shall not approach nearer than a distance of one mile
from the limits of the anchorage. On arriving at that distance, she must be forthwith
reported to the Consular authority.
Special anchorages or stations will be assigned for such ships in the neighbour-
hood of the ports.
XII. —No seaman or other person belonging to a Britis
or left behind at any port or anchorage without the express sanction of the Consul
and not then until sufficient security shall have been given for his maintenance and
good behaviour while remaining on shore, and, if required, for the expenses incident
to his shipment to a port in the United Kingdom or to a British Colonial port,
according as the seaman or other person is a native of Great Britain or of any British
Colony.
If any British subject left at a port or anchorage by a British vessel be found
to require public relief prior to the departure of such vessel from the dominions of
the Emperor of China, the vessel will be held responsible for the maintenance and
removal from China of such British subject.
XIII. —When a vessel is ready to leave a port an
signee shall apply at the Custom-house for a Chinese port clearance, and on
GENERAL PORT REGULATIONS FOR BRITISH CONSULATES IN CHINA 417
jis presenting this document, together with a copy of the manifest of his export
",rgo, at the Consular office, his ship’s papers will be returned to him. and he will
s furnished with a Consular port clearance, on receiving which the vessel will be at
Kjtberty to leave the port. Should any vessel take in or discharge cargo subsequent
| jo the issue of the Customs’ clearance, the master will be subject to a penalty, and
ship to such detention as may be necessary to the ends of justice.
XIV. —When a vessel is ready to leave a port or anchorage, the
ive notice thereof to the Consul, and shall hoist a Blue Peter at least 24 hours
>efore the time appointed for her departure. The Consul may dispense with the
«ibservance of this regulation on security being given that claims presented within
E 14 hours will be paid.
XV. —No British subject may establish or carry on an hotel, boardin
icuse, house of entertainment, or shop for the sale of liquors within the Consular
listrict witliout the sanction and licence of the Consul, and payment of such fees
n respect of such licence, yearly or otherwise, as may be duly authorised. The
Consul shall require every person so licensed to give security for the good conduct
!>f all inmates and frequenters of his house, and also that he will not harbour am
Taman who is a runaway or who cannot produce his discharge accompanied by a
ritten sanction from the Consul to reside on shore.
Every person so licensed will be held accountable for the good conduct of all
amates and frequenters of his house, and in case of their misconduct may be sued
ipon the instrument of security so given.
XVI. —Any British subject desiring to proceed up the country
istance than thirty miles from any Treaty port is required to procure a Consular
assport, and any one found without such a passport beyond that distance will be
[iable to prosecution.
XVII. —The term Consul in these Regulations shall be construe
nd every officer in Her Majesty’s Consular service, whether Consul-General, Consul,
fice-Consul, or Consular agent, or other person duly authorized to act in any of the
doresaid capacities within the dominions of the Emperor of China.
XVIII.—British vessels are bound as to mooring and pilotage to act in accord-
Imce with the Harbour and Pilotage Regulations authorized in each port by Hei
Majesty’s Minister for the time being, and any infraction of the same shall render the
)artv offending liable to the penalties attached to these regulations.
XIX. —No loading or discharging of cargo may be carried on exce
limits of the anchorage defined by the Consul and the Chinese authorities of. each
port.
XX. —Any infringement of the preceding General Port Regulations
Special Regulations referred to in Regulations XVIII. and XIX. shall subject the
offender, for each offence, to imprisonment for any term not exceeding three months
With or without hard labour, and with or without a fine not exceeding 200 dollars
ior to a fine not exceeding 200 dollars, without imprisonment, and with or without
■further fines for continuing offences, not exceeding in any case 25 dollars for each
jiday during which the offence continues after the original fine is incurred ; such fine
ffto be inflicted, levied, and enforced in accordance with the Order of Her Majesty in
tjCouncil dated the 9th day of March, 1865.
And in consideration of the urgent necessity for these Regulations, the under-
Isigned hereby further declares that they shall have effect unless and until they shall
die disapproved by Her Most Gracious Majesty, and notification of such disapproval
1 shall be received and published by me or other of Her Majesty’s Ministers in China.
(Signed) Thomas Francis Wade.
Peking, 28th March, 1881.
14
JAPAN HARBOUR REGULATIONS
Art. I.-—The limits of the undermentioned Ports open to foreign corfromee ar«
defined as follows
At Yokohama: the harbour limits are comprised within a line drawn mem th|i
Juniten (Mandarin Bluff) to. the light-ship, and thence due north, to a point on thd
coast east of the mouth of the Tsurumigawa.
At Kobe : the harbour limits are comprised within the area bounded by twlf
lines, one drawn from the former mouth of the Ikutagawa due south, and the othedd
running in a north-easterly direction from the point of Wada-no-misaki.
At Niigata : the harbour limits are comprised within the arc of a circle, th4l
centre being the light-house, and the radius being two and a half nautical miles. jra
At Ebisuminato : the harbour limits are comprised within a line drawn frown
Shiidomari-mura to Isori-mura on the outside, and a line drawn from Minotocho on <
the east shore of Lake Kamo to Kamomura on the north-west shore of the same lake?
At Osaka : the harbour limits are comprised within a line drawn from a poinlp
(Tree Point) at the mouth of the Mukogawa south by west, and a line from ths
mouth of the Yamatogawa, the two lines cutting each other at a distance of si
nautical miles from a point (Tree Point) and five nautical miles from the mouth <
the Yamatogawa.
At Nagasaki : the harbour limits are comprised within a line drawn fron
Kanzaki to Megami.
At Hakodate : the harbour limits are comprised within a line drawn from j
point off the coast, half a nautical mile south of Anoma Point, to a point on the eas
bank of the mouth of the Arikawa, Kamiiso-mura.
Art. II.—Every vessel on entering a port shall hoist its ensign and its sig]
letters. Regular Mail Packets may hoist the Company’s flag in lieu of the signsii
letters. |,
The ensign and signal letters or Company’s flag must not be lowered until th '
vessel’s arrival shall have been duly reported to the Harbour Master.
Such report shall be made within 24 hours after arrival, Sundays and holiaya (i
excepted, and no Customs facilities shall be extended to any vessel until such repojifj
shall have been made.
Art. III.—Every Master on arrival in port shall prevent all communicatio iti
between his ship and other vessels or the shore until it shall have been admitted 1 If.
“ free pratique.”
Art. IV.—The Harbour Master’s boat will be in attendance near the entrant us
of the harbour, and the Harbour Master will assign a berth to every ship on entej tit
ing, which berth it must not leave without special permission, unless forced to <3 o
so. The Harbour Master may cause a vessel to change its berth, should he consult m ;
it necessary.
Art. Y.—The Harbour Master shall always wear a uniform when on duty a
his boat shall carry a flag of the pattern prescribed.
The Harbour Master may at any time satisfy himself that his directions a bI -
regards anchorage, the movements of ships and the proper condition of moorinj rn
are carried out.
Art. YI.—No vessel shall anchor in the public fair-way or otherwise obstnw nd
free navigation. Vessels which have run out jib-booms shall rig them in at tfli t
request of the Harbour Master, if they obstruct free navigation.
JAPAN HARBOUR REGULATIONS 4W
Art. YII.—Every vessel either at anchor or under weigh within the harbour
dimits shall carry between sunset and sunrise the Lights required by the Laws,
bl Ordinances or Orders relating to the prevention of collisions at sea.
Art. VIII.—When bad weather threatens or warning signals are exhibited,
vessels shall immediately get ready one or more reserve anchors; and steamships
i shall, in addition, get up steam.
Art. IX.—Any vessel carrying explosives or highly inflammable materials in
a* excess of ordinary requirements shall come to outside the harbour limits and there
await the Harbour Master’s orders. Such vessels while so waiting shall, between
£2i
sunrise and sunset, fly at the foremast head the signal letter “ B, ” and between
sunset and sunrise shall hoist in same place a red lantern.
Ho vessel shall ship or discharge any such materials except at such places as
id the Harbour Master may indicate.
Art. X.—Every ship which is laid up or undergoing repairs, and all yachts,
I store-ships, lighters, boats, etc., shall be moored in special berths designated by the
3 Harbour Master.
Art. XI.—In case of fire breaking out on board a ship within the harbour
i| limits, the ship’s bell shall be rung until the arrival of assistance, and the signal
letters “ N. M.” shall be hoisted between sunrise and sunset or a red lantern shall
be continuously hoisted and lowered between sunset and sunrise.
Ilf police assistance be required the signal letter “ G ” shall be hoisted between
sunrise and sunset, and between sunset and sunrise blue or flash lights shall
be shown.
All discharging of fire-arms or letting off of fire-works within the harbour
Emits is forbidden without permission from the Harbour Master, except in such as
above-mentioned for the purpose of signalling.
Art. XII.—Any vessel arriving from a place which has been declared by an
official declaration of the Imperial Government as being infected with an epidemic or
contagious disease (such as cholera, small-pox, yellow-fever, scarlet-fever, or pest)
or on board of which any such disease shall have occurred during the voyage, shall
come to outside the harbour limits and shall hoist a yellow flag at the foremast head
between sunrise and sunset, and shall show a red and a white light one above the
other in the same place between sunset and sunrise. Such vessel must undergo
inspection by the proper sanitary authorities.
The sanitary authorities shall, on approaching the vessel, be informed whether
any cases of any such diseases have actually occurred during the voyage and the
nature of such diseases, in order that suitable precaution may be taken.
The said ship must not lower the yellow flag or the above-mentioned lights until
it shall have been admitted to “free pratique,” neither shall any person land from it
nor shall any communication be held with other ships without the permission of the
proper sanitary authorities.
The provisions of the preceding paragraphs apply to vessels anchored within ths
harbour limits on board of which any of the above-mentioned epidemic or contagious
diseases have broken out.
Such vessels must change their berth on receiving an order to that effect from
the Harbour Master.
Any vessel arriving from a place infected with cattle-disease or on board of which
such disease has broken out during the voyage shall not land or tranship either the
cattle, their dead bodies, skins, hides or bones, without the permission of the proper
sanitary authorities.
Art. XIII.—Ho carcases, ballast, ashes, sweepings, etc., shall be thrown over-
board within the harbour limits.
Whilst taking in or discharging coal, ballast or other similar materials, the
necessary precautions shall be taken to prevent their falling into the sea.
14*
420 JAPAN HAKBOUR REGULATIONS
If any materials detrimental to the harbour shall have been thrown into the
s^a or shall have been allowed to fall in through negligence by any ship, they shall
be removed by the ship upon receipt of an order to that effect from the Harbour
Master; and if not so removed the Harbour Master may cause them to be removed
at the ship’s expense.
Art. XIV.—Any ship intending to leave port shall give notice at the Harbour
Master’s Office and hoist the Blue Peter.
Steamers which have fixed dates of departure need only make one declaration
on their arrival and departure.
Art. XV.—All wreckage or other substances which obstruct the public fairway
in a harbour or its approaches must be removed by their owner within the time
indicated by the Harbour Master. .If this order is not complied with within the
time specified by the Harbour Master, the Harbour Master may cause them to be
removed or destroyed at the owner’s expense.
Art. XVI.—A suitable and sufficient number of buoy moorings for regular Mail
Steamers shall be provided by the Harbour Master’s Office. A prescribed fee shall
be charged for the use of such moorings.
Art. XVII.—No chains, ropes, or other gear shall be attached to any lightship,
signal, buoy or beacon.
Any vessel running foul of or damaging a light-ship, buoy, beacon, jetty, or any
other structure shall pay the necessary expenses for repairs or replacement.
Art. XVIII.—Any infringement of the provisions of the present Regulations
shall render the offender liable to a fine of not less than Ten 2 and not exceeding
Yen 200.
Art. XIX.—The Master of a vessel shall also be held responsible for any fines
fees or expenses which may be imposed or charged on or in respect of the vessel.
Art. XX.—No vessel shall be allowed to depart until all fines, fees and expenses
imposed or charged under these Regulations shall have been paid, or until security
therefor to the satisfaction of the Harbour Master shall have been deposited with the
Harbour Master.
Art. XXI.—The word “ Harbour Master ” as used in these Regulations is also
meant to include the Harbour Master’s Assistants and Deputies ; and by the word
“ Master ” is meant any person in command of, or having the direction of, a ship,
whatever his designation may be; and by the word “ Port ” or “ Harbour ” is meant
one of the ports or harbours enumerated in Article I. of these Regulations.
Art. XXII.—A portion of each harbour shall be reserved as a man-of-war
anchorage.
Art. XXIII.—The only provisions in these Regulations which shall apply to.
men-of-war are those contained in Articles IV., VI., XII. and XXI., and in the first
and second paragraphs of Article XIII.
Art. XXIV.—The time when and the localities where these Regulations are to
come into operation shall be notified by the Minister of Communications. The
Minister of Communications shall also issue detailed rules for the due enforcement
of these Regulations.
CHINA’S PERMANENT CONSTITUTION
The following is a free translation of the text of the Permanent Constitution of
tti Ihina, as passed by the Constitution Conference and promulgated on the Twelfth
Anniversary of the Eevolution :—
The Constitution Conference of the Republic of China, with the object of
; establishing the national dignity and maintaining the national boundaries, and in
j>J irder to promote the welfare of the people and uphold the principles of humanity,
mermanently observed by all.
Chapter T.—Form op Government
Art. 1.—The Republic of China shall be a unified Republic for ever.
i Chapter II.—Sovereignty
Art. 2.—The Sovereignty of the Republic of China is vested in the whole body
of the People.
Chapter III.—Territory
Art. 3.—The Territory of the Republic of China consists of all dominions in
the possession of China. The territory and its division of areas shall not be altered
except by law.
Chapter IV.—Citizenship
Art. 4.—All persons legally belonging by nationality to the] Republic of China
shall be citizens of the Republic of China.
Art. 5.—Citizens of the Republic of China shall be equal without any
distinction of race, class or religion.
Art. 6.—Citizens of the Republic of China shall not be arrested, imprisoned,
tried or punished except in accordance with the law.
Any citizen under arrest may in accordance with the law apply to the Judicial
■Court for presentation to the Court for trial.
Art. 7.—The residences of citizens of the Republic of China shall not be
entered or searched except in accordance with the law.
Art. 8.—The letters and correspondence of citizens of the Republic of China
shall not be violated except in accordance with the law.
1 Art. 9.—Citizens of the Republic of China shall have liberty of election,
residence and profession, on which no restriction shall be imposed except in accord-
ance with the law.
Art. 10.—Citizens of the Republic of China shall have liberty of assembly and
forming societies, on which no restriction shall be imposed except in accordance with
the law.
Art. 11.—Citizens of the Republic of China shall have liberty of speech,
authorship and publication, on which no restriction shall be imposed except in
accordance with the law.
422 CHINA’S PERMANENT CONSTITUTION
Art. 12.—Citizens of the Republic of China shall have liberty to honour
Confucius and to profess any religion, on which no restriction shall be imposed
except in accordance with the law.
Art. 13.—Citizens of the Republic of China shall have an inviolable right to
the possession of .their property; and any expropriation necessitated by considera-
tion of the public welfare shall be in accordance with the law.
Art. 14.—Tjiberties of the citizens of the Republic of China, other than those
stipulated in this Chapter, not being in contravention of the principle of Constitutional
government, shall be recognized.
Art. 15.—The People of the Republic of China shall have the right to institute
legal proceedings before a judicial court in accordance with the law.
Art. 16.—-Citizens of the Republic of China shall have the right of petitioning
Parliament and stating their grievances in accordance with the law.
Art. 17.—Citizens of the Republic of China shall have the right to vote and
to be elected in accordance with the law.
Art. 18.—Citizens of the Republic of China shall have the right of employ-
ment in public services in accordance with the law.
Art. 19.—Citizens of the Republic of China shall be liable to pay taxes in
acoordance with the law.
Art. 20.—Citizens of the Republic of China shall be liable to serve in the Army
in accordance with the law.
Art. 21.—Citizens of the Republic of China shall be obliged to receive ;
elementary education.
Chapter V.—National Powers
Art. 22.—Of the National Powers of the Republic of China those belonging
to the Nation shall be exercised in accordance with the stipulations in this Con- 1
stitution and those belonging to the localities shall be exercised in accordance with
this Constitution and with the stipulations of the various laws for provincial self-
government.
Art. 23.—The Nation shall conduct and execute all matters concerned with
(1) International Relations.
(2) National Defence.
(3) Nationality Law.
(4) Criminal, Civil and Commercial Law.
(5) Prison System.
(6) Measures of length, quantity and weight.
(7) Currency and National Banks.
(8) Customs duty, salt tax, revenue stamp tax, tobacco and wine taxes and
other taxes on articles of luxury as well as all other duties and taxes
throughout the country, the rates of which shall be unified.
(9) Post, Telegraphs and Aviation.
(10) National Railways and Roads.
(11) National Properties.
(12) National Debts.
(13) Monopoly and Special Licences.
114) Examination, employment, investigation and protection of the civil
officials and military officers of the country.
(15) All other matters shall belong to the nation in accordance with this \
Constitution.
CHINA’S PERMANENT CONSTITUTION 423
Art. 24.—Regarding the following matters, the Nation shall enact legislation
which shall be enforced or carried out bj the nation or by the local authorities, as the
case may require:
(1) Agriculture, Industry, Mining and Forestry.
(2) Educational System.
(3) Banking and Stock Exchange systems.
(4) Aviation and Marine Fishery.
(5) Conservancy works and waterways concerning two or more provinces.
(6) General regulations governing municipal systems.
(7) Requisitions for public use.
(8) National census and statistics.
(9) Colonization and reclamation.
(10) Police system.
(11) Public sanitation.
(12) Pensions and the administration of unemployment.
(13) Preservation of ancient books, ancient articles or places having
historical value or having cultural importance.
Regarding the above items the provinces may make independent laws not in
contravention of the laws of the Nation.
Regarding (1), (4), (10), (11), (12) and (13) of the above items, pending legisla-
tion by the Nation the Provinces may enact their own legislation.
Art. 25.—Regarding the following matters the Provinces shall enact legislation
to be enforced by the provinces or their hsiens as the case may require :
(1) Provincial education, industry and communications.
(2) Management and disposal of provincial properties,
(3) Provincial municipal affairs.
(4) Provincial conservancy and public works.
(5) Land tax, title-deed duty and other provincial taxes.
(6) Provincial debts.
(7) Provincial banks.
(8) Provincial police and affairs relating to public safety.
(9) Provincial social and public welfare work.
(10) Local self-government.
(11) Other matters as stipulated by the National laws.
When any of the above items concerns two or more provinces it may be, except
when otherwise stipulated by law, undertaken by them jointly; and in case funds are
found to be insufficient it may be subsidized by the National Treasury after approval
by Parliament.
Art. 26.—Any matter not mentioned in Articles 23, 24 and 25 having con-
nection with the Nation is a matter of national concern; and any matter having
connection with the Provinces is a provincial concern. When any dispute regarding
this point arises it shall be judged and settled by the Supreme Court of Justice.
Art. 27.—In order to avoid any possible harm or as necessitated by the
preservation of public interests, as mentioned below, the Nation may by enactment
of law place restrictions on the kind, and ways of collection, of provincial taxes :
(1) Taxes detrimental to the National revenues or trade.
(2) Double taxes.
(3) Excessive duties imposed on public roads or other means of communica-
tion to the detriment of communications.
(4) Taxes imposed on imported articles by the provinces or between
different localities for the protection of local production.
(5) Transit dues imposed on articles within the provinces or between,
different localities.
424 CHINA’S PERMANENT CONSTITUTION
Art. 28.—Provincial laws shall be invalid when they are in conflict with the
National law.
When there is doubt regarding conflict between any Provincial law and the
National law the issue shall be determined by the Supreme Court of Justice.
The aforesaid stipulation of definition is applicable also when Provincial laws
are in conflict with the National law.
Art. 29.—When there is any deficit in the National Budget or when there ;
is financial stringency the provinces shall, with the sanction of Parliament, bear the
responsibility in proportion to the amounts of their annual receipts.
Art. 30.—In case of any local financial insufficiency or extraordinary catas- ]
trophe, that locality may be subsidized by the National Treasury if such subsidy j
be sanctioned by Parliament.
Art. 31.—Disputes between provinces shall be j udged and settled by the Senate.
Art. 32.—The organization of the National Army shall be based on a J
system of compulsory citizen-service. Except for enforcing the stipulations of the '
law governing military service, the provinces shall have no military duties at j
ordinary times.
Citizens liable to compulsory service shall be called together for training at j
different periods in accordance with specified recruiting areas; but the stationing 1
of standing armies shall be restricted to areas of national defence.
The military expenses of the Nation shall not exceed one quarter of the
National annual expenditure; but this provision shall not be applicable in case of i
war with any foreign country.
The strength of the national army shall be decided upon by Parliament.
Art. 33.—No province shall enter into any political agreement.
No province shall take action detrimental to any other province or detrimental ^
to the interests of any other locality.
Art. 34.—No province shall keep any standing army, or establish any military
officers’ academy or arsenal.
Art. 35.—Any province which does not perform its duty as provided for by the j
law of the Nation, or refusing to obey after being reprimanded by the Government,
may be forced into submission by the power of the Nation.
The employment of the aforesaid measure shall cease when it is disapproved !
by Parliament.
Art. 36.—Should any province invade another with military force the ;
Government may intervene in accordance with the stipulations in the foregoing
article.
Art. 37.—In case of any change in the form of Government or of any
fundamental constitutional organization being destroyed, the provinces shall take j
concerted action for the preservation of the organization based on constitutional
stipulations until the original form is restored.
Art. 38.—The stipulations in this chapter relating to provinces shall be
applicable in places where hsiens, but not provinces, have been created.
Chaptee YI.—Parliament
Art. 39.—The Legislative power of the Republic of China shall be exercised
by Parliament.
Art. 40.—Parliament shall consist of a Senate and a House of Representatives.
Art. 41.—The Senate shall be composed of Senators elected by the highest
local assemblies, as fixed by law, and by other electoral bodies.
CHINA’S PERMANENT CONSTITUTION 425
Art. 42.—The House of Eepresentatives shall he composed of members
!■: lected by the various electoral districts in proportion to the population.
Art. 43.—The election of members of both Houses shall be fixed by law.
Art. 44.—In no case shall one person be a member of both Houses
imultaneously.
| Art. 45.—No member of either House shall hold concurrently any official
H lost, civil or military.
Art. 46.—The acceptability of the qualifications of members of either House
i ihall be determined by the House concerned.
Art. 47.—The term of office for a member of the Senate shall be six years.
9i pne third of the members shall be elected every two years.
Art. 48.—The term of office for a member of the House of Eepresentatives
Ij shall be three years.
. Art. 49.—Members of Parliament shall be relieved of the duties stipulated
in Articles 47 and 48 on the day before the opening of the legal session of any
succeeding and newly-elected Parliament.
Art. 50.—Each House shall appoint its own Speaker and Vice-Speaker, who
shall be elected from among its own members.
[Art. 51.—Parliament shall itself convene, open and close its sessions, but
xtraordinary sessions shall be called under the following circumstances :—
(1) At the joint request of more than one-third of the members of each
House.
(2) By writs issued by the President.
Art. 52.—The ordinary session of Parliament shall commence on the 1st day
f the 8th month in each year.
Art. 53.—The period of the ordinary session shall be four months, which may
be extended ; but the extended period shall not exceed that of an ordinary session.
Art. 54.—The opening and closing of Parliament shall take place simultaneously
in both Houses.
If one House suspend its session the other House shall do likewise at the same
ie.
When the House of Eepresentatives is dissolved the Senate shall adjourn at
the same time.
Art. 55.—The two Houses shall conduct their business -separately; and a bill
shall not be introduced simultaneously in both Houses.
f Art. 56.—Unless there be an attendance of one half or more of the total
[number of members of either House, no business shall be transacted.
(Art. 57.—Any subject discussed in either House shall be decided by the
votes of the majority of members attending the sitting, and the Speaker shall have
a casting vote.
Art. 58.—A decision of Parliament shall be the decision of both Houses.
1 Art. 59.—The sessions of both Houses shall be held in public, but on request
' of the Government or by decision of the House concerned closed sessions may be held.
Art. 60.—Should the House of Eepresentatives consider that either the
President or the Vice-President has committed treason he may be impeached by the
decision of a majority of more than two-thirds of the members present, an attendance
of more than two-thirds of the total membership of the House being necessary to
form a quorum.
Art. 61.—Should the House of Eepresentatives consider that Cabinet
i Ministers have violated the law, an impeachment may be instituted with the approval
of two-thirds of the members present.
426 CHINA’S PERMANENT CONSTITUTION
Art. 62.—The House of Representatives may pass a vote of No Confidence
in Cabinet Ministers.
Art. 63.—-The Senate shall try an impeached President, Vice-President or
Cabinet Minister.
In a trial on impeachment, a verdict of guilty shall not be passed without the
approval of more than two-thirds of the members present.
When a verdict of guilty is pronounced on the President or Vice-President, he
shall be deprived of his post, but the infliction of punishment shall be determined by
the Supreme Court.
When a verdict of guilty is pronounced on a Cabinet Minister, he shall be
deprived of his office and may be deprived of his public rights. Should the above
be an insufficient penalty for his offence, he shall be tried by a judicial Court.
Art. 64.—Each House shall have the right to demand, by a dispatch to the
Government, the investigation of the case of officials charged with violating the law
or failing to perform their duty.
Art. 65.—Each House shall have the right to offer suggestions to the
Government.
Art. 66.—Each House shall have the right to receive and consider the
petitions of citizens.
Art. 67.—Members of either House may interpellate Members of the
Cabinet and demand their attendance in the House to reply thereto.
Art. 68.—Members of Parliament shall not, outside Parliament, be respon- !
sible for opinions expressed and votes cast in Parliament.
Art. 69.—Members of Parliament shall not be arrested or taken into custody
without the permission of their respective Houses except when apprehended in
flagrante delicto.
When members of either House have been arrested in flagrante delicto, the
Government shall at once report the matter to the House concerned; but each House
shall have the right to demand, on motion carried, the temporary suspension of ,
judicial proceedings and the delivery of an arrested member to the custody of the
House concerned.
Art. 70.—The annual allowances and other expenses of members of Parliament j
shall be fixed by law.
Chapter VII.—The President
Art. 71.—The administrative power of the Republic of China shall be exercised,
by the President with the assistance of the Cabinet Ministers.
Art. 72.—Any citizen of the Republic of China in full enjoyment of public
rights, of the age forty or more, and resident in the country for more than ten years
shall be eligible for election as President.
Art. 73.—The President shall be elected by a Presidential Electoral College
formed by the whole membership of the two Houses of Parliament.
For this election, an attendance of at least two-thirds of the number of electors
shall be requisite and the ballot shall be secret. The candidate obtaining three-
fourths of the total votes shall be elected; but should no definite result be obtained
after the second ballot, the two candidates obtaining the most votes in the second
ballot shall be voted for, when the candidate receiving the majority of the vote*
shall be elected.
CHINA’S PERMANENT CONSTITUTION 427
Art. 74.—The tenure of office of the President shall be five years, but if
■ e-elected he may hold office for a second term.
! Three months previous to the expiration of the term of office of the President
he members of Parliament shall themselves convene and organize an Electoral
H College for the election of a President for the next term.
Art. 75.—When the President assumes his office he shall take oath as follows:
“ I hereby solemnly swear that I will most faithfully observe the Con-
stitution and discharge the duties of the President.”
Art. 76.—Should the post of the President become vacant, the Vice-
si President shall succeed him for the period until the expiry of the term of office of
(the President.
Should the President be unable for any reason to discharge his duties, the Vice-
rjPresident shall act in his place.
Should the Vice-President vacate his post whilst the Presidency is vacant the
fJCabinet shall officiate for the President, but in such event the members of Parlia-
iment shall within three months convene themselves and organize an Electoral College
eto elect a President for the next term.
Art. 77.—The President shall be relieved from his duty at the end of his term
of office. If at the end of the period the next President has not yet been elected,
: or, having been elected, be unable to be inaugurated as President, and the
Vice-President is also unable to act as President, the Cabinet shall officiate for the
President.
Art. 78.—The election of the Vice-President shall, in accordance with the
regulations governing the election of the President, take place simultaneously
with the election of the President. But in case the Vice-Presidency becomes vacant
a new Vice-President shall thereupon be elected to fill the vacancy.
Art. 79.—The President shall promulgate laws and shall supervise and secure
their enforcement.
Art. 80.—The President may issue orders for the execution of laws or
powers delegated to him by the law.
Art. 81.—The President shall appoint and dismiss civil and military officials,
with the exception of those specially fixed by the Constitution or other laws, which
shall be duly observed.
Art. 82.—The President shall be the Commander-in-Chief of the Army
and of the Navy of the Republic, and shall be in command thereof.
The organization of the Army and of the Navy shall be determined by law.
Art. 83.—In foreign intercourse the President shall be the representative of
the Republic.
Art. 84.—The President may, with the concurrence of Parliament, declare
1 war, but in measures of defence against foreign invasion he may request the
sanction of Parliament after the declaration of war.
Art. 85.—The President may conclude treaties; but treaties of peace and
those affecting legislation shall not become valid until the consent of Parliament
shall have been obtained.
Art. 86.—The President may proclaim Martial Law according to law; but if
Parliament should consider that there is no such necessity, he must declare the
withdrawal of Martial Law.
Art. 87.—The President may, with the concurrence of the Supreme Court of
Justice, grant pardons, commute punishment and restore civil rights; but with
regard to a verdict of impeachment, he shall not, except with the concurrence of the
Senate, make any announcement of restoration of rights.
428 CHINA’S PERMANENT CONSTITUTION
Art. 88.—The President may suspend the session of either House of Parliament,!
but no session shall be twice suspended, and no suspension shall exceed ten days.
Art. 89.—When a vote of No Confidence in the Cabinet Ministers has been,
passed, the President shall either relieve the Cabinet Ministers of their offices or ;
dissolve the House of Eepresentatives; but the dissolution of the House of Kepresenta-
tives shall only be effected with the approval of the Senate.
During the tenure of office of the same Cabinet Ministers or during the period '
of the same session there shall not be a second dissolution.
When the President dissolves the House of Representatives he shall immediately
order another election to be held, and the convocation of the House at a fixed date
within five months shall be effected to continue the session.
Art. 90.—With the exception of high treason, no criminal charges shall be
brought against the President before he has vacated his post.
Art. 91.—The salaries of the President and the Vice-President shall be fixed i
by law.
Chapter VIII.—The Cabinet
Art. 92.—The Cabinet shall be composed of the Cabinet Ministers.
Art. 93.—The Prime Minister and the Ministers of the various Ministries
shall be called Cabinet Ministers.
Art. 94—The appointment of the Prime Minister shall be made with the:
approval of the House of Representatives.
Should the Prime Minister vacate his post during the time of the adjournment;
of Parliament, the President may appoint an Acting Prime Minister. But the
nomination of the next Prime Minister shall within seven days after the opening of;
the next session of Parliament be submitted to the House of Representatives for;
approval.
Art. 95.—The Cabinet Ministers shall assist the President in assuming!
responsibility towards the House of Representatives.
Without the counter-signature of the Cabinet Ministers, the orders of the
President or dispatches in connection with State affairs, excepting the appointment or ’
dismissal of the Prime Minister, shall not be valid.
Art. 96.— The Cabinet Ministers shall be allowed to attend both Houses and
make speeches, but, in the case of making explanation in introducing bills for thei:
G-overnment, delegates may be deputed to act for them.
Chapter IX.—Courts op Justice
Art. 97.—The Judicial Authority of the Republic of China shall be exercised;
by the Courts of Justice.
Art. 98.—The organizations of the Courts of Justice and the qualifications of the
judicial officials shall be fixed by law.
The appointment of the Chief Justice of the Supreme Court shall be made with
the approval of the Senate.
Art. 99.—The Courts of Justice shall attend to all civil, criminal, administrative
and other cases, but this does not include such cases as have been specially fixed
in the Constitution and by law.
Art. 100.—Trials in Courts of Justice shall be conducted publicly, but those
affecting public peace and order, or propriety, may be held in camera.
Art. 101.—The judicial officials shall be independent in the conducting of trial*
and shall be free from interference.
CHINA’S PERMANENT CONSTITUTION 429
Art. 102.—Except in accordance with law, judicial officials shall not during their
o tenure of office have their emoluments decreased, nor be suspended, nor shall they be
r transferred to other offices.
During his tenure of office no judicial official shall be deprived of his office unless
j he is convicted of crime, or for offences punistiable by law. But this shall not include
l eases of reorganization of Courts of Justice or of re-determining the qualifications
< of judicial officials.
The punishments and fines of judicial officials shall be fixed by law.
Chapter X.—The Law
| Art. 103.—The Members of both Houses and the Government may introduce
J bills, but if any bill is rejected by one House it shall not be re-introduced during
the same session.
Art. 104.—Any bill which has been passed by Parliament shall be promulgated
by the President within fifteen days alter its transmission to him.
Art. 105.—Should the President disapprove of any bill passed by Parliament,
he shall within the period allowed for promulgation state the reason of his disap-
proval and request its re-consideration. If both Houses should hold to the former
decision, the bill shall be promidgated at once.
If a bill has not yet been submitted with a request for re-consideration and the
period for promulgation has passed, it shall become law. But this shall not apply
when the session of Parliament is adjourned or the House of Eepresentatives
dissolved before the period for promulgation comes to an end.
Art. 106.—No law shall be altered or repealed except in accordance with law.
Art. 107.—When any resolution passed by Parliament is submitted for
re-consideration the regulations governing bills shall be applicable.
Art. 108.—No law that is in conflict with the Constitution shall have any
force.
Chapter XI.—State Finance
Art. 109.—The introduction of new taxes and alterations in the rate of
taxation shall be fixed by law.
Art. 110.—The approval of Parliament must be obtained for the floating of
national loans and the conclusion of agreements which involve additions to the
Budget.
Art. 111.—All financial bills imposing a burden direct on the people shall be
first discussed by the House of Kepresentatives.
Art. 112.—An estimate of the annual expenditure and annual receipts of
the nation shall be compiled in advance in the form of a budget by the Government,
to be submitted first to the House of Eepresentatives within fifteen days after the
opening of the session of Parliament.
Should the Senate amend or reject the Budget passed by the House of
inEepresentatives,
its amendmentit should requestand,
or rejection, the concurrence of the House
if such concurrence of Eepresentatives
be not obtained, that
originally passed by the House of Eepresentatives shall form the Budget.
Art. 113.—In case of special provisions the Government may determine in
advance in the Budget the period over which they are to be spread and provide for
the successive appropriations over such period.
Art. 114.—In order to provide for any deficit or under-estimates in the
Budget, the Government may include contingent items in the Budget.
The sums expended under the above provision shall be submitted in the next
session to the House of Eepresentatives for approval.
430 CHIN A.’8 PERMANENT CONSTITUTION
Art. 115.—Unless approved by the Government, Parliament shall have no right
to abolish or curtail any of the following items:
(1) Items in connection with the obligations of the Government according
to law.
(2) Items necessitated by the observance of treaties.
(3) Items legally fixed.
(4) Successive appropriations spread over a period.
Art. 116.—Parliament shall not increase the annual expenses as set down in
the Budget.
Art. 117.—Between the opening of the fiscal year and the passing of the j
Budget, the monthly accounts of the Government shall be on the scale of one-twelfth
of the amounts in the Budget for the previous year.
Art. 118.—Should there be a foreign war, or should there be suppression
of internal rebellion or relief for extraordinary catastrophe, when the urgency of the
situation makes it impossible to issue writs for summoning Parliament, the ;
Government may adopt financial measures for the emergency, but it should !
request the approval thereof by the House of Eepresentatives within seven days !
from the opening of the next session of Parliament.
Art. 119.—Orders on the Treasury for payment on accoun of the annual
expenditure of the Government shall first be sanctioned by the Board of Audit.
Art. 120.—The statement of| annual payments and annual receipts for each
year shall first be referred to the Board of Audit for investigation and then be
reported by the Government to Parliament.
If the statement or bills submitted for approval be rejected by the House of
Representatives, the Cabinet Ministers shall be held responsible.
Art. 121.—The organization of the Board of Audit and the qualifications of
the auditors shall be fixed by law.
During their tenure of office the auditors shall not have their emoluments
decreased, nor be suspended, nor shall they be transferred to other offices.
The punishments and fines of auditors shall be fixed by law.
Art. 122.—The Chief of the Board of Audit shall be elected by the Senate.
The Chief of the Board of Audit may attend the sittings of both Houses to •
report on the final financial statement, and he may address Parliament.
Art. 123.—The Budget and bills submitted for recognition which have been;
passed by Parliament shall be promulgated by the President after he has received
them.
Chapter XII.—Local Administration
Art. 124.—Localities are divided into two grades, the Province (Sheng) and the
District (Hsien).
Art. 125.—In accordance with the stipulations of Article 22, Chapter V, of
this Constitution, the Province may itself enact laws for Provincial self-govera-'
ment, but these must not be in conflict with this Constitution or with any National
law.
Art. 126.—The Provincial Self-government Law shall be drafted by a
Provincial Self-government Law Conference composed of delegates elected by the
Provincial Assembly, the District Assemblies and the professional organizations of
the whole Province.
Regarding the above delegates, besides one to be elected by each District
Assembly, the number to be elected by the Provincial Assembly shall not exceed one
half of the total number elected by the District Assemblies. This applies also to
CHINA’S PERMANENT CONSTITUTION 431
■|e delegates elected by the various professional organizations, but the delegates
jected by the Provincial Assembly and the District Assemblies shall not necessarily
noe members of the Assemblies. The Election Law shall be determined by the
J provincial Law.
Art. 127.—The following stipulations are applicable in all Provinces:
(1) The Province shall have a Provincial Assembly which shall be a
representative organ of a single-chamber system, and the members
shall be directly elected.
(2) The Province shall have a Provincial Administrative Council ( Sheng
Wu Yuan) as Executive of the Provincial Self-government Ad-
ministration, to be composed of from five to nine members {Sheng Wu
Yuen), directly elected by the people of the Province, and their term
of office shall be four years. Before it is possible to carry out direct
election, an electoral college may be formed for the election according
to the stipulations in the above article; but persons in military service
shall not be elected until after they have been relieved of office for ore
year.
(3) In the Provincial Administrative Council there shall be a Chairman
(Yuan Chang) to be elected by and from among the members of the
Council.
(4) Citizens of the Eepublic of China who have been residing in the
Province for one year or more shall all be equal in the eyes of the
law of the Province and fully enjoy all civil rights.
Art. 128.—The following stipulations are applicable in all Districts:
(1) The District shall have a District Assembly in which is vested the
legislative power in connection with all self-governing affairs in the
District.
(2) The District shall have a Magistrate (Hsien Chang) directly elected
by the people of the District as executive, with the assistance of the
District Council (Hsien Tsan Shih Hui), of the District Self-governing
Administration. But this shall not be applicable before the completion
of the independence of the judiciary and the lower grade self-govern-
ment system.
(3) In the payment of the total amount of Provincial taxes the District
shall have the right to make reservations, but not exceeding forty per
cent, of the total amount.
(4) The Provincial Administration shall have no right to dispose of the
property and self-government funds of the District.
(5) In case of calamities, natural or otherwise, or on account of shortage of
self-government funds, the District may apply to the Provincial
Administration for, and with the approval of the Provincial Assembly
may receive, subsidies from the Provincial Treasury.
(6) The District shall be under obligation to observe National Laws and
Provincial Laws.
Art. 129.—The division and classification of Provincial and District taxes
shall be discussed and decided upon by the Provincial Assembly.
Art. 130.—The Province shall not enforce special laws in one or a few
Districts; but this does not include those concerning the common interest or
detriment of the Province.
Art. 131.—The District shall have full executive power in matters of self-
government in the District; and, except concerning punishments and fines provided
tor in the Provincial Law, the Province shall not interfere.
432 CHINA’S PERMANENT CONSTITUTION
Art. 132.—National administrative affairs in the Province or District, be- |
sides being executed by officials appointed by the National Government, may be
executed by the Provincial or District self-government administrative organs by j
delegation.
Art. 133.—Should the Provincial or District self-governing administrative
organs, in the execution of national administrative affairs, violate the law or
order, the National Government may mete out punishment in accordance with the
stipulations of the law.
Art. 134.—The stipulations in this Chapter shall be applicable in places where |
Districts, but not Provinces, have been created.
Art. 135.—Inner and Outer Mongolia, Tibet and Tsinghai may, in agreement i
with the common wish of the local people, be divided into two grades, the Province j
and the District, in which the stipulations in this Chapter shall be applicable; but
before the creation of Province and District their administrative system shall be
fixed by law.
Chapter XIII.—Amendments to and Interpretation and
Validity op the Constitution
Art. 136.—Parliament may bring up bills for the amendment of the Con-
stitution.
Unless such bills be approved by two-thirds of the members of each House
present they shall not be introduced. •
Unless any such bill be countersigned by one-fourth or more of the total i
numbers of members of his House, no member of either House shall raise the
question of the amendment of the Constitution.
Art. 137.—The amendment of the Constitution shall be undertaken by the ,
Constitution Conference.
Art. 138.—Regarding any amendment, the form of government shall not be
a subject for discussion.
Art. 139.—Should there be any doubt regarding the meaning of the text of
the Constitution, it shall be interpreted by the Constitution Conference.
Art. 140.—The Constitution Conference shall consist of the whole body of
members of Parliament.
Unless there be a quorum of two-thirds of the total number of the members of :
Parliament, no such aforementioned Conference can be held; and unless three-fourths
of the members present vote in its favour no amendment can be passed ; but in the
interpretation of any point of doubt a decision may be reached with the approval of
two-thirds of the members present.
Art. 141.—Except by amendments made in accordance with the stipulations
of this Chapter, the Constitution shall never lose its validity whatever change or
development may occur.
LIST OF HONGKONG STAMP DUTIES
[0 CHAEGEABLE UNDER THE STAMP AMENDMENT ORDINANCES Nos. 8 OF 1921,
21 OF 1921, 24 OF 1922 AND 1 OF 1925.
SCHEDULE
of timeor Personforliable
Pointwhich,
Instrument. j! Nature
Stamp.of before
period
which,within
the where stamping,
stamping
i instrument
be stamped.must ! compulsory.
1
Adjudication
the requisitionFee (toor beother
paidap-
on $5. Overem- Before ad- Theapplying person
plication for adjudication). bossed. judication. for ad-
Affidavit, judication.
tion, andAffirmation,
Statutory Declara-Declara- $3. 7 days
making. after The person
making.
tion.
Exemptions.
(a) Affidavit or declaration
made for the immediate
purpose
read or usedof beingin filed,
any
court, oror officer
judge beforeof any
any
court.
(b) Affidavit or declaration
made for the sole pur-
pose
personof toenabling
receive anyany
pension or charitable
allowance.
(c) Affidavit or declaration
by an interpreter as to
the interpretation
duly stamped or ofex-a
empted theinstrument,
as suchatduly
made same time
stamped or
exempted instrument.
(d) Affidavit or declaration
required
suant to be made pur-
relatingto toanymarriages.
(e) Affidavit
Ordinance
for the orCommissioner
declaration
under Estate Duty Or-
dinance, 1915.
(/) Affidavit or declaration
intended
outside the forColony.
use solely
Affirmation : See Affidavit.
3 Agreement or any memorandum $1. days after Voluntary.
7 execution.
of agreement, made under
,I specifically
hand onlv, andcharged not otherwise
duty,
only whether
evidence ofthea with
sameanybe
contract,
or obligatory upon the parties
from its being a written in-
strument.
LIST OF HONGKON
If
Exemptions
(a) Agreement or the
memoran-
dum between master
and
ship for wages. of any
mariners
Passage ticket.relating to
Agreement
See alsothe:— sale of goods.
Agreement for lease.
Exchange Contract.
Godown Warrant.
4 Agreement Shareofcontract.
service with a
corporate body, whether under $1. Overem- 7 days after Voluntary.
the seal of such corporate bossed, execution.
body or not.
Agreement
panied or acontract
deposit:accom-
Letter ofbyhypothecation See
and
Mortgage.
Agreement for a lease: See
Allotment:
ment. See Letter of Allot-
& Appointment
including theof transfer
a new trustee,
of any $10. All persons
executing.
property made for the pur-
pose of effectuating the ap-
ifpointment of theis new
such transfer madetrustee,
by the
same instrument as the ap-
Seepointment
Conveyance of the
andnew trustee.
Mortgage.
Articles of clerkship
any person first becomes whereby $150. Before ex-
bound ecution.
order toto serve as a clerkas ina
his admission
solicitor.
Assignment:
Letters See Conveyance,
and TradePatent,Marks. Mortgage,
Assurance
ance. : See Policy of Insur-
Attested
chargeable withanystamp
copy of instrument
duty. $3. 7attestation.
days after Voluntary.
Attorney, Letter
See Power of Attorney. or Power of :
Average : See Bond.
Award. $5. 7 execution.
days after The
Bank Cheque: See Bill of Ex- rator,arbit-
or,
change. ifthan more
one,
allbitrators
the ar-
and the
umpire
any). (if
LIST OF HONGKONG STAMP DUTIES 435
Pointwhich,
before of timeor Personforliable
Instrument. period
which,within
Duty. Nature of instrument the wherestamping,
stamping
O i be stamped.must compulsory.
U I
9 Bank Note. 1 °lona theperaverage
annum
value of bank
culation,
Eaid to be
themonthly
totor,y the banker
Collec-
provided
thatbethepaiddutyby
tothe banker in
respect
notes shallof1 not%$1
exceed
per annum
two
dollars. millioqon
> 10 Bill of Exchange (including
Cheques, Circular Notes,
Letters of Credit, and “ Tra-
veller’s Cheques”),
missory Note, and Pro-
(1) Bill of Exchange payable 10 cents. Adhe- sive. 1.inIf drawn
See sections
the 17, 18 and
orwithin the Colony
at sight on demand
or on presentation Colony: 20.
(except a cheque). before ex-
2.ecution.
If drawn
out of the
Colony:
in accor-
dance
(2) Cheque. 5 cents. pressed tion 18.sec- The banker
with
Im- Before issue issuing
and quetheform
of che- the cheque
dated. by the form.
banker to
the cus-
tomer.
(3) Circular Note, if issued The person
within the Colony (on each 10every cents$500 for Adhe-
sive Before issue. issuing.
separate note). or part
(4) Letter or Credit, if issued thereof.
within the Colony.
Exemption.
Letter of credit granted in
the Colony, authorising
drafts to be drawn
of the Colony payableoutin
the Colony.
(5) “Traveller’s Cheque”, if
issued
each within the“cheque”
Colony (onor
“ note separate
”).
436 LIST OF HONGKONG STAMP DUTIES
of timeor Personforliable
Pointwhich,
3. of Heading.
before
period
Instrument. Duty. Nature which,within
Stamp.of instrument the wherestamping
stamping
be stamped.must compulsory.
(6)other
Bill of Exchange any 10every
of(except cents$500 or Adhe- sive. beforethe Colony: See sections
17, 18 and.
a bankkindnote),whatsoever
if drawn, or orthereof.part j execu- 20.
2.ofIfthedrawn out
expressed to be payable,
actually paid, or endorsed, or or Colony:
in accordance
with
inwithin
anythemanner
Colony.negotiated, 18. section
(7)whatsoever
Promissory (except
Note of any kind 10every cents for 1. If 1.inIfthemade Col- See17, sections .
a bank $500 inmade the ony: be- 20. 18 and
note), if drawn, or expressed orthereof.part Colony:
topaid,beorpayable, or actually overem-t 2.forecution. exe-
manner endorsed,
negotiated,or inwithin
any bossed.
2 If If made
out of thein
the Colony. I■madeout!
- i Colony:
See section 19 as to bills in sets. of the accord-
Colony:
adhesive Before sectionwith
ance 18.
II Bill of Lading (each part of When the Overem- ex- All persons-
every set). freight is bossed. ecution. executing.
Note: For all other ships’ re- under 10 cents.$5:
ceipts,books,
pers’ including ChineseNo.
see Heading ship-
41 When the
Bill of Sale. freight is
Absolute: See Convey- $5 or
30 cents. more:
Byance.
way of security: See
Mortgage.
12 Bond, Bottomry, General Aver- 25every cents for The obligor.
age, or Note:
Respondentia. f 100
Broker’s See Shares (4). orthereof. part
12a Bond to secureof the payment or 20everycents$100 foror Allexecuting.
persons };
repayment money. partthe penalty
thereof
orofamount
maximum pay-
13 Certificate to practise to be $25calender for every
year Overem- ginningbe-to The
Before
bossed. practise
person
intending
taken out yearly (Section 21). or part there- in totise. prac-
any calen-
dar year.
14 Charter Party. 15cts.
$100 for
or every'
part Before ex- All persons
ecution. executings
Cheque: See Bill of Exchange (2). thereof total orhireofestim-
ated
the
or
freight.
14a Compradore
through a Order, if passed 5 cents. Adhe-
bank. sive ment.
Beforelodg- The person^
lodging.
Circular Note: See Bill of Ex-
change (3).
Collateral
gage. Security: See Mort-
Contract:
Contract Note See Agreement.
: See Shares (4).
LIST OF HONGKONG STAMP DUTIES 437-
Point
before of time Person
which, or stamping,
forliable
period
which,within
the I where stamping
instrument
be stamped,must: compulsory.
is
Conveyance on Sale, the duty $100 orofpart 7 execution.
days after || Allexecuting.
persons
to be orcalculated on con-the thereof
amount the
amount value of the
sideration on the day of the value of theor
consideration
date of the made
Conveyance instrument.
for the pur-
pose
pointmentof effectuating the ap-
if such conveyance istrustee,
of a new made
by
than some instrument other
which the new trustee byis
the instrument
appointed.
Conveyance or Transfer of any
kind not herein specifically
Seedescribed.
also:—
Exchange,
Letters Foreclosure
Patent, Shares, Order,
Trade
disposition Marks, Voluntary
Section 34 inter vivos, and
(general ex-
emptions).
Copy : See Attested
Counterpart: See Duplicate. copy.
Debenture:
security. : See See Marketable
Declaration
Declaration or revocation Affidavit. of
any
cerning useany or property
trust of orby con-any
writing,
an not beingchargeable
instrument a will or
with ad valorem duty as a
settlement.
Exemptions.
(a) Declaration
the nomineesofof trusta banker by
totransferred
whom property
to secure anis
advance
banker. made by the
(b) Trust receipt given to a
Deed ofbanker. any kind whatsoever
not described
(including in this
a deed schedule
of partition,
adeedof
tee assignment
to aconfirmatory by
cestui que trust, a trus-
and
a deed of a con-
veyance on which the full con-
Seeveyance
also:—duty has been paid).
Agreement of service with a !
Depositcorporateor title body.
deeds: See
Mortgage.
438 LIST OF HONGKONG STAMP DUTIES
£ Pointwhich,
I before of timeo
1 Nature
Stamp.of IIimstrument
period
which,within
the
' be stamped.must
Ifbeforeissued:'
the
13th
1921, May,
2 ad-;! If the issued13thbefore
17a Dividend Warrant, whether ex- 10 cts. hesiveoct.j 1921, May, 'l
before
|i pressed to be payable by the ' stamps, i . If payment.
issued after IrThebodyCorporate
issuing.
corporate body issuing
dividend warrant the
or by some after May,the!! thel2thMay,
1921, before
I other person, and whether 12th
1921, an
payable within or without the impressed
and dated i
Colony. stamp.
18 Duplicate or counterpart of any Where the original bossed. 7 execution.
the duty Overem- days after Voluntary.
instrument chargeable with oninstrument
any duty. doesnotexceed
$2: asthethesame
duty
ginal instru- ori-
Exemption. Where the duty
I Policies on the original
catesof ofinsurance, dupli-of instrument ex-
: See Policy ceeds $2: '§2.
insurance (8).
Equitable
gage. mortgage : See Mort- !
19 Exchange. Theas onsame duty Allexecuting.
persons
aance ona.eonvey-
sale for
consideration
equal
value toofof the the
the
property
greater value.
20 Exchange
Note. Contract Cancellation 10every cts.$500for Adhe- 2 days after Iftheone party to
orthereof. part sive. tion,
cancella- etc. wasand acontract
thebanker
other
See 22sec- party was not
tion (5). abanker.
banker, thela
everythe seller.
other
case,
21 Foreclosure Order, the duty to Where the Overem- Before the The person
be calculated on the value of value of bossed, order signed
is
by obtaining
the property. the does
perty pro- the Regis- the order.
notexceed trar.
$20,000:
50 cts. for
every$100
or part
thereof.the
Where
value of the
property
exceeds
$20,000:
for every$1
$100 or part
thereof.
LIST OF HONGKONG STAMP DUTIES 439'
of timeor Personforliable
Pointwhich,
before
Nature
Stamp.of instrument
period the | wherestamping,
which,within stamping
be stamped.must!' compulsory.
2 Foreign Attachment Bond. $1 for every Overem- Before ex- All persons
Further Charge : See Mortgage. part $100 or bossed, ecution. executing.
Gift: Voluntary disposition of. there-
interSeevivos.
Godown Warrant. 20 cents. Before issue. The person
issuing.
Guarantee: See Agreement.
Hypothecation:
Hypothecation.See Letter of
Insurance:
surance. See Policy of In-
>24 Lease.
(1) If granted in consideration Theas onsame
a convey- duty 7execution.
days after Allexecuting.
persons
of a premium or fine.
the duty
calculated to onbe
the
fine. prem. or
(2)ofIfa granted
rent. in consideration Where the term
isnotforexceeding
any lease
foror parteverythereof
$100
of the rent for
Where
is for any the term
lease
exceeding 1
exceeding
years: 50 cts. 3
foror part
everythereof $100
of the rent for
Where
isexceeding
for anythe lease
term3
years:
everythereof $100$1 fororof
part
the rent for 1
(3)both
If thepremium
consideration includes Tiie
of total
both
or fine and rent. the above
duties.
(4) Agreement for a lease. }The duty
same
(5) Surrender of lease. a lease.as on
(6)ofLease executed in pursuance
foraaduly
lease.stamped agreement
440 LIST OF HONGKONG STAMP DUTIES
of time01 Personforliable
Pointwhich,
before
Instrument. period
which,within
the wherestamping,
stamping
instrument
be stamped.must compulsory.
25 Letter of allotment or any other 10 cents. Overem-j Before exe-1 All persons
bossed. I cution. j executing.
document having the effect of
ainletter of allotment
any company of shares
or proposed
company or in respect of any
loan raised or
raised bycompany, proposed
any company to beor
proposed and letter
of renunciation.
Letter of Attorney : See Power
of Attorney.
Letter of Credit:
Exchange (4). See Bill of
Letter of Hypothecation. Referring to 7 execution.'
days after |
particular
property:
$3.
eral : Gen-
$6.
27 Letters Patent, Assignment of. $10.
28 Marketable security issued in 20every cts. for Before issue. The body
theorColony, or made or issued or $100 issuing.
by on behalf of a corporate part
or un-incorporate body formed thereof the money
of
or established in the Colony. secured.
29 Mortgage.
(1)orBeing only or principal 208100
the security. cts. for every 7 execution
days after Allexecuting.
persons
primary thereoforofpart
principal the
sum
secured.
tontine (For
gages seemort-
38), sec.
! (2) Being a collateral or auxili- 10every cts. $100
for
! ary or security,
additionalother or sub- or part
astituted
mortgage executed in than pur- thereof of
suance
agreement of a
for duly
a stamped the
mortgage, cipalprin-
sum
or executed by way of further secured.
assurance where the principal
security
(3)original is duly
Extension of thestamped.
timewhether
of an
mortgage,
endorsed
deed or not.on the mortgage
(4) Transfer or assignment of
any mortgage, bond, deben-
ture, or covenant (except
marketable or ofa
any money orsecurity),
stock secured
by any such instrument, or
tobyenter
any
any warrant
up judgment,
judgment.
of attorney
or by
LIST OF HONGKONG STAMP DUTIES 441
£ Point
before of time Person
which, o: stamping,forliable
SI Instrument. period
which,within
instrument the where stamping
be stamped.must compulsory.
is
(5)isWhere
added toanythefurther
money already money 20$100cts. foror every
part Allecuting.
persons ex-
secured. thereof
additionalofprin-
the
cipal sum secur-
(6) Agreement for a mortgage. $100 or
thereof
principal of the
(7)ment,
Re - conveyance, reassign- to be secured.sui
render,release,
such security
discharge,ofsur-
or renunciation
as aforesaid, any
or of the benefit thereof, or
of the money thereby secured.
(8) Certificate of satisfaction. 10$500cts. foror every
thereof of part
principal the
sum
^ (9) Mortgage executed in pur- $3.secured.
suance of for a duly stamped
(10)agreement
Transfer ofa mortgage.
a mortgage 10 cts. for every
made
tuating for the
the purpose of effec-of
appointment
s a new trustee, if such transfer
is madethanby the
other someinstrument
instrument
which the new trustee byis
appointed.
Exemption.
Reassignment and mortgage
made
Sose offorobtaining
the solea pur-new
rown
sole lease,
purpose orof for the
surren-
der to the Crown with a
vie w to
section 35. an exchange: See
See also:
Letter of security
I ?1 Servant’s hypothecation.
agreement.
30 Notarial
soever Act of any
(except a kind what-
protest of a The notary.
bill
sory ofnote).
exchange or promis-
Exemption.
Notarial acts relating solely
to transfers of shares on
share
not registersbywhich toarebe
keptrequired
within the law
Colony.
|for every
* Where $500theor whole of the principal
part thereof sum secured
of the principal is released or discharged, 10 cents
sum secured.
Where a portion of the principal sum
for every $500 or part thereof of the amount actually released secured is releasedorordischarged.
discharged, 10 cents
mentProvided
then to bethatreleased
any portion of the principal
or discharged sum nottoexpressed
shall be deemed be releasedin byanytheprior
final instru-
instru-
ment of reconveyance, reassignment, release, discharge, surrender, or renunciation.
LIST OF HONGKONG STAMP DUTIES
Pointwhich,
before of time01
period
which,within stamping,
the where stamping'
instrument
be stamped.must compulsory.
Note of protest of a bill of ex- 7execution.
days after The notary.
change or promissory
Partnership instrument.note. Allexecuting.
persons
Policy of Insurance. 25$1,cts.000foror every Before
(1) Life Policies.
thereof part ecution.ex-
(2) Life Policies, renewal re- 5 cents. Adhe- Before de-
ceipts. sive. livery.
25 every cts. for Overem- Before
(3)forMarine
time. Policies, hull risks $1,000 or bossed. ecution.ex-
part thex-e-
of insured.
(4)hull
Marine Where the
risks Policies
for time.other than amount
insured
does not
(5) Floating Policies, for each exceed:
$1,000
endorsement. 20 cts.
Where amount the
(6)policies
Fire, Accident, and all other
not specifically re- insured
ferred to above. exceeds
$1,000:
Theof same 50 cts.
(7)newals.
Renewals, except life re- duty asrates
original ou
cies
ter issuedpoli-af-
the
mencement of
(8) Duplicate of policies. Theasthisonsame
Ordinance
the duty
ori-
(9) Re-insurance. Theginal samepolicy.
duty asrates
ofdirect poli-on
Power of attorney or revocation
of power of attorney.
(1) For appointing a proxy to 10 cents. The person;
executing.
(2)vote at a other
Of any specifiedkindmeeting.
whatso- $5. 7 execution.
days after
Exemption.
Power of attorney relating
exclusively
done out of tothethings
Colony.to be
Promissory Note:
See Bill of exchange (7)
Protest
Proxy: by SeeaPower
masterofof Attorney
a vessel. The mastex
of the'
vessel.
a)..
Re-assignment: »SeeMortgage(7).
LIST OF HONGKONG STAMP DUTIES 443
i£ Pointwhich,
before ot timeor Person liable
I! period
Nature which,within
Stamp.of instrument the wherestamping' ,
stamping
is
be stamped.must compulsory.
6 Receipt. Adhe- Before be- The maker,.
Exemptions. sive. ing withparted by i.e., the
person
(a) Receipt for an amount the maker. giving the
not exceeding
(b) Receipt given oy$10. a banker receipt.
for money lodged or de-
posited with him and to
be accounted
to the person for by himor
lodging
depositing the
(c) iAcknowledgment by a money.
banker of the receipt of
any bill of note
promissory exchange
for theor
purpose of being pre-
sented for acceptance or
(d) Receipt given by a bank-
ergraphic
endorsed on a tele-
transfer
(e) Receipt given by anadvice.
officer
in His Majesty’s service
to any Government de-
partment. or other-
(J) Receiptindorsed
wise
containedwrittenin anyupon
instru-or
ment
duty, liable to
and duly stamped,stamp
acknowledging the re-
ceipt
tion of the therein
money considera-
ex-
pressed, or the money,
of any principal receipt
interest, or annuity
thereby
in mentioned.secured or there-
(g) Receipt given for or on
account
pay or wages, of anyorsalary,
for or
on account of any other
like payment made
for the account or bene- to or
fit
the of any person, being
holder of anin office
an employee, respector
of his office or employ-
ment,
count oforofmoney
for or paid
on ac-in
respect
superannuation any pension,
allow-
ance, compassionate al-
lowance
allowance. or other like
Release: See
sale, and Mortgage Conveyance on
Revocation of trust:(7).See De-
claration of trust.
444 LIST OF HONGKONG STAMP DUTIES
Pointwhich,
before of timeo
Instrument. period
which,within
the
instrument
be stamped.mus
37 Servant’s Security Agreement ^lOO' *or 6p* 7 execution.
days after The e:
which is not chargeable with thereof ofupt _
amountsecuii' ployer.
mortgage duty. which y
is given.
38 Settlement. All persons
thereof of the executing.
amount theo pro-—
lue ofsettled
perty
39 Settlement executed in pursu-
ance of a duly stamped agree-
ment for a settlement.
40 Shares.
(1) Transfer of. 20 cents for Before
ecution.ex- The trans-
feror and
every
or part$100 the trans-
Exemptions. thereof of feree.
(a) Transfers of shares on
share
are registers bywhich ofthe value
the
to benot kept
required
within law
the shares
the dateonof
Colony.
{b) Transfers of share war- stamping.
rants to bearer.
(2) Transfer for a nominal $2.
amount, in the discretion of
(3)theShare
Collector.
Warrant to Bearer, $1 for every Before issue. The
pany com-
issu-
issued in the Colony. $100 or part ing.
thereof
the nomin- of
al value of
(4)every
Sharebought
Contract Note,every the share.
on When the Before de- The broker.
note and value does livery by
sold note. not exceed the bro-
ker.
$1,000:
When it $1.ex-
ceeds
but $1,000
does
not exceed
$10,000: $3.
When it ex-
ceeds $10,000
butexceed
does
not
$20,000: $5.
When it ex-
ceeds $20,000
but does
not exceed
$50,000:
When $7^ it
exceeds
$50,000: $10.
LIST OF HONGKONG STAMP DUTIES 445
Pointwhich,
before of timeor Person liable
Instrument. Nature
Stamp.of instrument
period
which,within
the stamping,
where stamping
he stamped.must is
compulsory.
Shippers’ and When, the Adhe- Before is chop- the The
whoperson
all otherBooks (Chinese)
receipts for goods freight$5:is sive. book ped
case or(as
maythethe
be) chops
shipped given by or on behalf under
ofvessel
the owner orbillsmaster 10 cents.
of a ! When before
ceipt is part-re-to orthe gives
book
where of lading the ed
the shipper the re-
are not used. | freight is ceipt.
$5or more:
Statutory Declaration : See 30 cents.
Affidavit.
Surrender
(5). of Lease: See Lease
2 Telegraphic Transfer Advice. 10every cents$500foror 2 days after Thedespatches
person who
part the
patch des-of the
behalfmoney
of an-on
to bethereof,
ated calcul-
on the the money:
equivalent in See
Hong kongof
currency
the money tion 27.sec-
Exemption. despatched.
Telegraphic transfers fromin
silver currencies
the Colony to China.
Trade Markwith
gether (or trade marks), to-of $10.
the goodwill Overem- 7 days after AU persons
the business concerned inthey
the bossed, execution. executing.
goods for which
have) been it has (or
registered, Assign-
ment of.
Transfer : See Mortgage, Shares
and Telegraphic Transfer Ad-
vice.
Traveller’s Cheque: See Bill of
Exchange (5).
Vesting
on Sale.Order: See Conveyance
43a Vesting Order (other than a $20. Before the The person
vesting order which is a con- order obtaining
veyance on ofsale),
the transfer any including
property signed byis the order.
transferred by the order. the Kegis-
trar.
44 Voluntary disposition inter $1 $100fororever}'
part days after All
7 execution. persons
vivos, executing,
culatedtheonduty to beof cal-
the value the thererof
the value ofof
property. the property
conveyed
transferred.or
446 LIST OF HONGKONG STAMP DUTIES
Table op Correspondence between the
the Provisions Clauses
of the of theLaw
Existing Bill (No. of 1921) ani
Section of
Sections of Ordinance Ordinances,
14 1ofof1914 Nos. Regulations
No. 16 of 1901 1915and
1
3, 4
11, 12
14, and Note at the beginning of the
First Schedule
28 (2) No. 14 of 1914, s. 2 P. 570, Reg. 10
P. 569, Reg. 4, P..
570, Regs.
6(4), 7, 11,12,6 (2),i
131
Schedule, Article 27, Note
No. 1 of 1915, s. 2
teg. 9-
2818 (3)
16
Schedule, Article 21
Schedule,
end of theArticle 21, and Note at the
First Schedule
Schedule, Article 8
Schedule, Article 31, Note
Note The pages referred to in the fourth column of the above table are the
pages of the Regulations of Hongkong, 1914.
HONGKONG STOCK EXCHANGE
TARIFF OF CHARGES
To be charged to Buyer and Seller
Stock Value.$7.50 Beokebaqe.
At orUnder
„„ over 35.00
7.50
20.00
$0.05
0.10 per Share.
0.20
0.25 „„
„„ 100.00
60.00 0.35
0.50 „
„,,„ 200.00
150.00
300.00
0.75
1.00
1.50
„„ 600.00
400.00 2.00
3.00
„„ 1,000.00
800.00 4.00
5.00 „
„„ 1,200.00
1,300.00 6.00
6.50
-timeN.B.—This
to time as does not may
occasion applydemand
to non local stocks, brokerage for which will be adjusted from
By Order of the Committee,
A. NISSIM,
Secretary.
N.B.—The above came into force on the 1st December, 1925, and cancels all previous
Tariffs.
TARIFF OF CHARGES ON STERLING STOCKS
To be charged to Buyer and Seller
Value
Underop 5/-
5/-Stock. Brokebaoe.
and .. 3d.
Hd.
20/-
60/- .... 6d.
100/-
150/- 1/-
1/6
200/-
400/- 21-
i°lo
By Order of the Committee,
A. HISSIM,
Secretary.
AT.B.—This List came into force on 1st December, 1925, and cancels all previous Tariffs.
SCALES OE COMMISSIONS AND BROKERAGES
Hongkong G-eneral Chamber op Commerce
Adopted at the Annual General Meeting held \9th May, 1903
Purchasing or selling Tea, Raw Silk, and Cotton 21 per cent-
Purchasing or selling Opium ...
Purchasing or selling all other Goods and Produce
Purchasing or selling Ships and Landed Property ,
Purchasing or selling Stocks and Shares
Inspecting Tea
Inspecting Silk
Guaranteeing Sales ...
Guaranteeing Remittances
Drawing or endorsing Bills of Exchange
Drawing or negotiating Bills of Exchange without recourse Oh
Purchasing or realising Bullion or Bills of Exchange (•4
Remitting the Proceeds of Bullion or Bills of Exchange ...
Paying and receiving Money in Current Account
Paying Ship’s Disbursements 24
Collecting Freight 24
Obtaining Freight or Charter ...
Obtaining Freight or Charter and collecting same Freight
Adjusting Insurance Claims on Amount Recovered 24
Effecting Insurance, on the Insured Amount 01
Prosecuting or defending successfully Claims, either at Law or by
Prosecuting or defending unsuccessfully
Managing Estates and collecting Rents (on Gross Receipts)
Transhipping and forwarding Jewellery and Bullion
Forwarding or transhipping Cargo
Transhipping or forwarding Opium $2 per chest
Goods withdrawn or re-shipped ... 4 Commission.
Granting Letters of Credit 1 per cent.
For doing ship’s business when no inward or outward Commission is earned, 20 cts. per Register ton’
The otherwise
conversion into Hongkong currency rateof sterling freight inward to Hongkong, onpayable in Hongkong, shall, unless.'
the dose ofstipulated,
a mail shallbe made
be theatratetheapplicable
for Bank
to suchBillspurpose
on London
duringpayable demand;
the subsequent week.and the rate ruling at'
Brokerage on Bills and Bullion ... ... ... ... 4 per cent. Payable by Seller
Brokerage on Produce and General Merchandise 4 „
Brokerage on Fire Arms 1
Brokerage for
procuring Freight Negotiating and completing Charters and) ) j by Ship.
Brokerage for Negotiating sale or purchase of Landed Property 1
SCALES OF COMMISSIONS AND BROKERAGES
Shanghai General Chamber oe Commerce
Adopted at the Annual General Meeting held 26th February, 1906
Commissions
Tea, Rawdo.Silk, Opium,do.and Cottonif as return for Goods sold 21 per cent.
Do.
Do. all other Goods and Produce
Do. Ships
uaranteeing Sales andor Real Estate when required
Remittances, 2*
2i per„cent.
ttnpecting
Do. Stocks, Silk, Tea, or other Goods and Produce 1
Do.
Do. andShares,
Shipsother
all Real Debentures,
Goods EstateProduce and ...other good Securities
and ... 21211 „„
elling Tea, Raw Silk, Opium, and Cotton ... 21 „
I Do. indorsing,
•rawing, Native Bankor orders received
negotiating Bills inExchange,
of payment for on Goods
approved Bills secured
by
ittingCredits or Documents 01
aying
Do. andthereceiving
Ships’
proceedsMoney
Disbursements
of Bullion or Billsaccount
in current of Exchange
pllecting inward Freight ... same Freight, including Brokerage 2121
>tainingand/or
^itering FreightClearing
and collecting
Bbursements, j Tls. 50
On chartersandandetc.,
dement sales21effected
payment
per cent. Entering and/or Clearing
of Marine Insurance Claims ... 5 per cent.
On the amount paid for Average Claims ... 21 per cent.
Onisecuting
the amount paid for Total Losses Claims, either at Law or by Arbitration,
amountoror Defending,
on:uting successfully.
claimed unsuccessfully,
Defending, on amountonclaimed
>ving
waging Claims,
Estates collecting
and and remitting
Collecting Rents Dividends, amount proved
Jishipping
iding or and Forwarding
Transhipping Cargo Jewellery and Bullion Oh
ling cargo exor Ships
shipping put intoOpium
Forwarding port Damaged ...
Is withdrawn
mting Letters or Credit
of re-shipped half12commission
Tls.
...
per chest,
per cent.
iterest on cashrates
foregoing advances
otherwise stated.to be exclusive of Shroffage, 1 per mil., and Brokerage, when paid; unless
Brokerage
Do. on selling BullionMetals, and General Merchandize*.., 01 per cent, from seller
Bills andProduce,
Ship Brokerage
1Brokerage for negotiating
Do. on Charters
obtainingandFreight and completing Charters 11 „ from ship
Do. Sales of Coal sales effected ... from sellers
Do. Shares, Stock, Debentures, and other Public Securities 01 \( from seller
and buyer
•^Brokerage to be paid only on Goods actually delivered.
15
TARIFF OF INVOICE CHARGES AT MANILA
MANILA CHAMBER OF COMMERCE
Amended Invoice Charges Adopted and Brought Into Force
1st April, 1925
Hemp.—Fire StoreInsurance,
Rent 8i cents
per cent p'usper20 month.
per bale per cent, per month on first cost, plus screwage.;
cents Charges
cost of receiving into godownex-godown
for delivering hemp 20 cents
from lighter or cascomadeandup10ascents
follows:
for re-10
delivering.
Dry Sugar.—Boat and coolie hire, receiving and shipping, 25 cents per picul. Fire Insurance,
& per cent, plus 20 per cent, per month. Store Rent, 3 cents per picul per month.
Wet Sugar.—Landing, shipping, bags and bagging, 75 cents per picul. Fire Insurange, per
cent,
month.plus 20 per cent, per month on first cost. Store Rent, 3 cents per picul per
Coffee.—Receiving and weighing, 40 cents per picul. Bags, packing and shipping, 40 cents per
picul. 12Fire
Rent, centsInsurance,
per picul|per
per month.
cent, plus 20 per cent, per month on first cost. Store
Coprax.—Receiving, weighing and shipping, 35 cents per picul, including lighterage, or 25
oncentsfirstwithout
cost. lighterage.
Store Rent, Fire
6 centsInsurance,
per piculk per
per month.
cent, plus 20 per cent, per month
Sapanwood.—Receiving, loading, and shipping, 40 cents per picul.
Hide Cuttings.—Loading and shipping, 30 cents per picul.
Cordage.—Loading and shipping, 50 cents per picul.
Indigo.—Receiving
per quintal. and packing
Loadinginand
pitched cases,50P.2.50
shipping, quintal. Classification, P.1.001
perquintal.
cents per
Leaf Tobacco.—Receiving,
bale packingFireandInsurance,
shipping, P.2.50cent,per bale of 2 quintals and P.4.50 per
Rent,of104 quintals.
cents per bale of 3 quintals| per
per month.plus 20 per cent, per month. Store
Cigars.—Receiving, packing and shipping, P.7.50 per case of 10,000.
Rdxks Covering Hemp Damage in Godown, Short Weight, and Bales Exceeding
Standard Size, Reconditioning'Broken, and/or Rejected Bales.
That damage
the original done byin “anay”
depositor, to ofhemp
sale,onsaid
deposit
riskshall
shallbebeforfor the risk and accountafterof
expiry of three monthsbut,
from datetheofevent
purchase. account of buyer
For reconditioning broken bales, P.1.00 per bale.
For re-classifying, packing and pressing damaged or rejected bales, P.1.50 per bale.
per bale. sundrying, re-classifying, packing and pressing damaged or rejected bales, P.2.50
For
Payable by seller to buyer.
HONGKONG STORM SIGNAL CODES
fxj Ton-Local Storm SignalareCodes.
Storm Warnings isstied byThetheLocal Eoyal CodeObservatory,
is as follows:— Hongkong, by means of Local and
ignal.
1.2. Symbol. —Eed cone.—A typhoon Day which
exists Signals. may possibly Meaning.
cause(N.W.
a galetoatN.E.)
Hongkong within 24 hou
3.4. —Black — Black cone.—
cone inverted.— G-ale
„ expected
„ from
„ the
„ North
South (S.E. to S.W.)
5. —Black —Black drum.— ball.— „„ to„„ increase. „„ „„ West East (N.E. (N.W.totoS.E.)
S.W.)
7.6. Signal—Double
— Black cone.—Gale expected
cross.—Wind of typhoon force expected
No. 7 is accompanied by three explosive bombs fired, at intervals of 10 seconds, at (any direction).
1 5 he Water Police Station and repeated at the Harbour Office.
: The The DaysignalsSignals are lowered when itatistheconsidered
are displayed followingthatplaces all danger is over.
Eoyal
Gough Observatory.
Hill. Harbour
H’kong. &Office.
KToon. HWharf M.S. &Tamar.
Godown Green Island.
Co., Kowloon.
Standard Oil Co., Lai-chi-kok. Field Officer’s Quarters, Lyemun.
Night Signals. Green(Lamps.)
1 \(White
White
(.White 2 (■ White
< Green
(Green 3 (Green
< White
(White 4 C< Green
(White
(White
5 <(Green
White 6 \(Green (Green
Green 7 <(Eed (Eed
Green
The Koyal
Night Observatory.
Signals are displayed, at
HarbourasOffice. sunset, at
Eailway the following places:—
Station. H.M.S. Tamar. Gough Hill.
They
SignalbyhaveNo.thisthe same
7 issignal signification
accompanied bypublished
explosive the daybombs signals. as above, in the event of the information
onveyedA translation being first at night.
of both Day and Night Signals is displayed at the General Post Office and at
[the Upper Tram Station. Supplementary Warnings.
Stations:—When local signals GapareEockdisplayed I in Stanley
the Harbour aI ConeSau will
Ki Wan be exhibited
|| TaiShaatPoTan
the Kok
following
Waglan | Aberdeen | Sai Kung
Ipr byFurther wirelessdetails telegracanby.always be given to ocean vessels, on demand, by signal from lighthouses,
The
Scale, orin40-45 object ofm.p.h.,
the codemean is tovelocity
give at least bywind. 24 hours’
Dines warning ofand
Anemometer) a galealso(Force
warnings 8 byof expected
Beaufort
changes
of2 totyphoons, the direction and force of the Owing, however, to the uncertain movements
reverse 5 may is beanddisplayed
not
to insufficient
likely to without
happen,
telegraphic
a except
gale occurring
in
observations,
the case of
it will occasionally
at Hongkong, typhoons or even
forming athappen
Gap
in the
thatbut
Eock, signals
vicinity the
and
travelling rapidly towards Hongkong, or of a located typhoon increasing its rate of progression
|abnormally.
When Signal
it istheNo.hoisted
1 is intendeda black as a warning hastobeen “Stand By” itandwillwatch for theon next
accountsignal.
change
directioninindicated trackbyofafter thelast
the typhoon, signalsome
signal,orandforthat otherdisplayed
another reason,
black signal a galemay is nomean that,expected
longer
possibly be hoistedfrom
ofthea
later.
Non-Local Signals.
theTheitstorm
ofwhich Non-Local,
is centre, itsorthedirection
believed
“China Seas”
position
Code and
ofofmotion,
the
of Storm
centre a signal
has
Signals givesthethedegree
beenindicating
latitudeof accuracy
located. A signal giving
and longitude
the timewithat
which the warning was issued is hoisted
L* Copies of the code may be obtained on application to the Observatory. at the mast-head.
Saturdays The Time when KowloonHONGKONG
Ballit ison dropped at Signal
10 a.m. HillandTIME
is1dropped
p.m.,
SIGNALS.
anddaily at 10 a m.andandHolidays
on Sundays 4 p.m., when
exceptitonis
dropped at
The Ball 10 a.m. only.
isto hoisted
the
ordinary ball fail
routine drop
repeated athalf-mast
theat the
correct at time
the 55th
following willminute
ithour, and fullat mast
beif possible.
lowered at thepast
5 minutes 57ththeminute. Should
hour and the
“ Z ”Time Should the
on theSignals Time
StormareSignal Ball be
mast, out of order, the
• nighth by mmeans of hthree above routine will be carried out with the flag
the Observatory wireless alsomast.
given atFrom m white lamps mounted vertically on
momentarily
The hours everyrefer second,
to except
Hongkong at the8 28th,
Standard
55 0’29thto and
Time (8
9 054th
hours
O’ top.m.59th.thesecond
lampsofareeachextinguished
East T.of Greenwich). minute.
Eoyal Observatory, Hongkong. F. CLAXTON, Director.
LEGALISED TARIFF OF FARES FOR CHAIRS, JINRICKSHAS,
BOATS, &c., IN THE COLONY OF HONGKONG
SCALE OF FARES FOR CHAIRS
I,—Lowkk Levels With II.—In the Hill District
2 Bearers. 4 Bearers. 2 Bearers. With
Ten
Quarterminutes
hour . 15 cts. 30 cts. Quarter Ten minuteshour . 15 cts. 304 Bearers. cts,
Half hour • 20 „
■ 4030 „„ 8060 „„ 40 „ Half hour 30
One hour
Every subsequent hour 25 „ 40 „ . One hour
Every subsequent hour 25 40
SCALE OF FARES FOR JINRICKSHAS
I.—In the Island of Hongkong
Caine Road and Lower Levels, and in Kowloon and New Kowloon
{With Single Driver)
Ten minutes
Half hour 2010 cents I| One hour 3030 cents
If thepart
Western Jinricksha
of the beCityengaged
of within
Victoria the„ City
after 9
Every
p.m., or
subsequent
of Victoria,
be and hour
discharged be todischarged
the East outside
of Bay
,,the
View
Police Station onFor
be chargeable. the2Eastern
or 3 driversside ofthethefareCityis double
of Victoria afterrespectively.
or treble 9 p.m., an extra half fare shall
II.—In the Hill District
Quarter hourOne hour 20 cts. | Half hour 40 cents 30 cts.
III.—In the New Territories
By arrangement with the proprietors through the Police.
PASSENGER BOATS
Per Day of 12 Hours
1st Class
2nd Class boats
boats ...Class ...A ... ... $3.00 2.00 I 2nd 1st Class
Classboats
boats
Class B
$2.00
All other boats ... 1.50) All other boats 1.50
1.00
Class A Per Hour or Less Class B ... ... 20 cents
Per hour with 2 passengers
PerForhalf-hour „ 40 cents Per hour with 2 passengers
20
each20 extra passenger, Per half-hour
10 cents for half- For each extra passenger „ 6 cents 10
for half- „
an-hour, cents per hour. an-hour, 10 cents for an hour.
perBetween
passenger. sunset and sunrise, 10 cents extra perBetween passenger.sunset and sunrise, 10 cents extra
““ 2nd
1st Class Boats
Class Boats ” are
Boats ”” are those measuring 30 feet and to 30overfeetininlength.
“ All other are those
those measuring
of under 20from feet 20in length. length.
CARGO BOATS Perofday12 orhours
night Load Per
Vessels under
Vessels of 10,000 piculs and upwards $60 $30
10,000
5,000 piculs and not less than 4,000 5,000 piculs...
4,000 3,000 „„ ...... 403060 202515
3,000
2,000 2,000
1,000 „ ... 2015 108
1,000
800 800 „„„ .........
500 105 32
500
100 piculs... 100 „ ... 3 2
1.60
WEIGHTS, MEASURES, MONEY
CHINESE
1 liang WEIGHTS (tael) = T333 oz. avoir., or 37'78 grammes
16 liang (tael) make 1 kin (catty) = T333 lbs. avoir., or 604'53 grammes
100 kin If (catty) make 1 tan J§[ (picul) == 133 333 lbs. avoir., or 60-453 kilogrammes
120 kin If (catty) make 1 sbik (stone) = 160-000 lbs. avoir., or 72-544 kilogrammes
Four ounces equal three taels; one pound equals three quarters of a catty or twelve taels;
one hundredweight equals 84 catties; one ton equals
MEASUEE 16 piculs 80 catties.
OF CAPACITY
1 koh 'g* (gill) = 0-103 litre
10 koh 'n* make 1 sheng 51 (pint) = 1-031 litre
10 sheng If make 1 tou 5^ (peck) = 10-31 litres
MEASURE OF LENGTH
1 fun = "14 inch English
10 fun ft make 1 tsun tJ* (inch) = 1-41 inch English
lOtsun tJ* make 1 chih (foot) = 14-1 inches English
10 chih K make 1 chang ^ (pole) = 11 ft. 9 inches English
The length of the Chang is fixed by the Treaty of Tientsin at 141 inches.
6 chih li make 1 pu (pace) = about 5 feet English
360 pu ip make 1 li JH = about k English Mile
10 li M make 1 tang-sun 01 (league) = about 3i English Miles
250 U JL make 1 tu M (degree)
LAND MEASURE
1 chih = 13-126 inches
5 chih X make 1 pu ip — 30-323 square feet
24 pu ip make 1 fun ^ = 80-862 square yards
60 pu ip make 1 kioh = 202-156 square yards
4 kioh make 1 mow Bjft — 26-73 square poles
100 mow ^ make 1 king = 16-7 acres
The Mow,
Weights which is
and districts
measuresthe unit of measurement,
in different
China is almost
varykindsin every province exactly
and one-sixth
almost of an acre.
every
differ in the same
and candareen are not Chinese. for of goods. The words picul, catty,district, and
tael, mace,
MONEY
10 li fU make 11 lifen HI (candareen) (cash) —= -32 -032 ofof aa penny
penny
10 fen ^ make 1 ch’ien HI (mace) = 3-2 pence
10 ch’ien HI make 1 liang ^9 (tael) = 2s. 8d.
The above
The Tael mayare beweights
takenofas silver.
worth oneTheyandarea third
not silver dollar.by any coin except the copper
represented
cash,
differs which is
greatlymade supposed
in different to be the
districtsequivalent in value
and atof different of a li of
times. They Silver silver,
havebutnois the value intrinsic
uniform of which
value,
ingots, being large and small and varying composition. used uncoined in
unlike
general ausually
Chineseofofshoe.
medium
fifty taels
exchange.
moremaritime
In the In
or less, indistrict
1890 a mint
weight,fromcalled
was Canton
established
“ shoes,”
toforAmoythechopped
the
usual shape
coinage dollars
of
being
silver are not
the
dollars
and subsidiary
atdifferently
Several pieces, The
centres. and more
coins,recently
although mintssupposed
for silver
totaelbeandand
ofcopper
equal coinage
weight have
and been opened
fineness,
inscribed. Some of the foreign
dollar and upwards at the larger of the Treaty Ports. banks issue dollar notes of the value of are
one
Monet :—The legal HONGKONG AND STRAITS
tender in Hongkong is British orSETTLEMENTS
Mexican Dollars, local 50, 20, 10 and
5silver
centorsilver pieces, toother
the amount of $2, bronzedollar
cents and mils. The Some circulation
of theofinbanks
any foreign
notes from one dollar upwards. Mexican and Britishis prohibited.
copper coin than the Mexican dollars were demonetised issue
the Straits
Settlements in 1904 and a Straits dollar substituted. The value of this dollar is fixed at 2s,
454 WEIGHTS, MEASURES, MONEY
4d. Iij the Straits 50-cent pieces are legal tender for the payment of any amount; so also
are sovereigns.
EnglishWeights and Measures
and Chinese in Hongkong :—English,
and theMalayTreatyandPortsChinese of Chinain arethe used,
Straits Settlements, and
PHILIPPINE ISLANDS
The peso,
Philippine Islandsequivalent
to any inamount.
value toSofiftyalsocents. United
areThough
the United StatesStates
Currency,
gold is legalThe
coins. tender in theor
media
half
coins peso is legal tender up to ten pesos. the coinage is on a gold basis, no gold
and
hundredtheareBanco
in circulation. Pilipina
and twoEspanol
Government silverissues
hundred pesos.of ManilaWEIGHTS
certificates
bank notes are issued for ten,
for five, ten, twenty-five,
five, and twofifty,pesos,
one
mon The use. official systemin isthethePhilippines
The picul Metric system, is 137.9butlbs.,weights
16 piculs of Spanish
going to origin
the ton.are still in com-
JAPANESE
11 Kwam-me 1,000 Momme —— 8.2817077001 WEIGHTSlbs. avoir., or 3.7565217 kilogrammes
Hiyaku-m< 100 Momme 0.8281707700 lb. avoir.,
avoir., ororor 37.565217 grammes
111 Bin
Momme
Fun 101010 Bin
Fun == 0.0082817077
Mo 0.0008281708
== 0.0000082817
0.0000828171 lb.
lb.lb. avoir., 3.756521 gramme
0.375652
avoir., oror 0.003756
grammes
0.037565 gramme
gramme
11 Mo
Shi 10 Shi lb. avoir.,
or 160 Kin === 132.5073232011
100 Momme 0.0000008282 lb.
1.3250732320
avoir.,
avoir., ororor 601.043472
lbs. avoir.,
lbs.
0.000375 kilogrammes
60.1043472 gramme
grammes
Apothecaries Weight—l Biyo or 4 Momme equal 0.0402583013 lb. troy.
DBY MEASUBE
11 JoShaku make 1010 Shaku = about 41 yards 5& inches
inches English
English
1 Sun make 10 Bu —= about
make Sun about l jfoot 2ii
inch English
LAND MEASUEE
1 BiCho make make 36606 Shaku
Cho
Ken === 119.305 2.4403 English yards miles
11 Ken make 59.653 English
English feet
MONEY
penceOnsterling.
1st October, The 1897, coinageJapan adopted a gold standard, taking the yen (dollar) at 21.50
is decimal.
SIAMESE
- MONEY
22 Solot
Atts or 11 Pai
or Att $0$0-019
0095 ! 44 Bats Salu’ngs oror 11 Tamlii’ng BatorTical—= $0' $2-400600
22 Pais or
Seeks oror 11 Fu’ang 1 Seek $0 038 20 Tamlu’nes or 1 Ch’ang = $48'
2 Fu’ang Salii’ng $0-076 ! 50100Ch’anss
$0-150 Haps oror 11 Tara Hap ==$240,000-00
$2,400-00
WEIGHTS
terms.The standard
The AinSiamese
Tical weighsof weight being the
236 grains troy.coin of the country, weights are designated by the same
and sold Bangkokstandard more byof the weight
Chineseis justthandouble that of the
the Siamese Chinese, and goods are bought
standard.
LONG MEASUEE = || inch
1221 Niws
Niw
K’u’ps make make 11 K’u’p = 9§ inches
Sawk == .7819! inches inches
420 Sawks
Wahs make
make 1
1 Wah
Sen = 130 feet miles
is 400 Sens make 1 Yotis 64= Sawk 9| statute
widthNote.—Timber
or 36,864 Siamese bought
inches, bybeingtheequivalent
Yok, which to 169 square feet. in length by 1 Sawk in
DEY MEASUEE
201ATanans
Tanan make 1 Tang == 151J pints
Keean is 20 Piculs j a Picul is 133jlbs. avoirdupois.
pints |I 10025 TangsTanansor 80 Sat make make 11 Sat
Keean (Coyan).
DIRECTORY
16
EASTERN SIBERIA
VLADIVOSTOCIv
Vladivostock is the chief town of the Maritime Government, which, together
with
“Far theEastern Transbaikal,
Region” ofAmur and Saghalien
Siberia. Governments
The administrative centreandisKamtchatka
at Kharbarovsk. forms the
deg. The port of Vladivostock,
7 min.intoN.,Peter
longitude on
1.31 den some charts still
54Ofmin.theE.,ports called Port
at thein southern May, lies in latitude
enditofisabylongfarpeninsula 43
reaching the Great Bay. East
important both as a military and commercial centre. Vladivostock is one of the most Siberia the most
magnificent harbours in the East. From its peculiar long and narrow shape and
the
hills once
it has supposed
not hidden treasuresbeen
inappropriately in the
calledslightly auriferous
thedivides
Golden Horn. soilTheof entrances
its surrounding
to the
passages. This fine sheet of water first runs for about half a mile in two
harbour are hidden by Russian Island, which the fairway into narrow
a northern
direction and then suddenly bends to the east for a distance
all sides it is surrounded by hills, low on the southern and higher on the northern of about one mile. On
shore ; these hills slope sharply down to the water’s edge.
foliage, they have been completely denuded of trees by reckless felling. The harbour, Once verdant with
capable of accommodating
large capacity, affords a safean almost unlimited
anchorage. number
During the ofwinter
vesselsmonths
of deepit draught
is kept openand
by ice breakers so that steamers can always find their way in without
is a floating dock capable of taking in vessels up to 3,000 tons, and a fine graving dock difficulty. There
ofbreadth,
the following
118 feet;dimensions:—Length
breadth at entrance, 90overfeet;all,min. 621depth,
feet; length
29 feet.at There
bottom,are564
alsofeet;
two
large docks built especially
now permitted to dock in them. for purposes of the State war fleet, but merchant vessels are
A large import business was formerly done, the main
machinery, flour, fresh and potted meat, boots, and tea for transportation into lines being cotton goods, iron,
the
1909,interior.
and ofthetheThe closing imposition
consequent of the freeofcustoms
protective zoneduties,
in thematerially
Russian changed
Far East thein
character
Russia have affected trade very seriously. Before the war there was a largethroughout
trade returns, and, of course, the disturbances here and passenger
traffic between Vladivostock and China and Japan ports, the annual returns showing
about
were 70,000 arrivals
managed by aInMayor and 63,000 departures.
and Townof Council The
elected municipal affairs of Vladivostock
civilauthority
its community. the Autumn Sovietonby
1922 isthebuilt and from atamong
Government Moscowthe Russian
of extended
running alongtotheVTadivostock.
northern shoreTheof town the harbour, and the southernbrickslope
handsome the have
residences hills
been
with erected in
the exception recent years, replacing
of someis unoccupied the old wooden structures. The entire area,
buildings, and the town well laid outlotswith intervening
wide buthere and there,
ill-kept roads. isThecovered
sanitaryby
arrangements
buildings are are government
the bad, though offices,
the towntheis post
fairlyand
healthy.
telegraph Mostoffices,
conspicuous
municipalamong the
house,
the barracks,
formerly the railway
occupied by the station,
Governortheandmuseum,by thetheAdmiralRussianCommanding
church, the (the residences
latter
residence
merchantsisaresurrounded by a publicbuilt.
well and substantially garden),There whilearethe
twohouses
or threeofhotels,
the more affluent
a university,
several
population schools for 90,000.
is about boys andAbout girls,one-third
and military, naval andis civil
of the population hospitals.
Chinese, and thereThe are
about 500 Japanese.
of the Siberian Railway,Inwhich
June, was1891,completed
the late inTsar 1902.cut Theat Vladivostook the firstof sod
port is the terminus the
great trunk line from Moscow, and there are steamship services to Japan and Shanghai.
16*
458 VLADIVOSTOCK
NICOLAEVSK
situatedThe port and settlement of Nicolaevsk,
milesfounded inmouth.
1851 byTheAdmiral Nevelskoi,
aboutis
nine milesoninthewidth,riverwith
Amur, aboutin39mid-stream
a depth fromofitseight Amur and
to nine fathoms is here
a current
ofIt three to fourforknots,
is navigable though
vessels thedraught
of light river is for
verymore
shallow
thanin2,000
parts,miles,
evenand
in vessels
mid-stream,
of 12 ]i
feet draught can get up 600 miles. The town is built on a plateau 50 feet above the S
sea level and gradually slopes eastward down to the river. The most conspicuous ft
edifice is the Cathedral,
in appearance, roundwest
with a large which the town
tower, havingis belfry
built. This structure
and dome, but isitimposing
is built j
ofis awood
large grass-grown square, two sides of which are occupied by barracks, the J]
and is showing signs of deterioration. At the back of the Cathedral
“Governor’s”
except those used house,as and
publicpolice station.or stores,
buildings There and
are few substantialarehouses
the buildings small inandthewholly
town, Jj
“ Reds ” and “ Whites,” and a large part of it was burned down. There is little trade f;
built of wood. The town suffered badly in the Spring of 1920 in the struggle between
at present except in fish and cranberries, quantities of salmon being dried and cured ‘
here. There is a small export of Manchurian soya beans to Japan.
DIRECTORY
All-Russian Central Union of Co- Hongkong
Corporationand Shanghai Banking
operative
Centrosoyus Societies
Building, (Centrosoyus)—
Leuinskaya St.;
Tel. Ad: Centrosoyus International
Admiral Line Banking Corporation
V. L. Bouriguin, member of board of American Asiatic Steamship Co.
I. directors
E. Tretiakoff, president American
Line,and
BankLine Ld.Oriental Line
B.A. I.P.Beregovov, manager trade
Feodorovitch, manager, raw dept. Ben
materials dept. British India& Swire
Butterfield S. N. Co., Ld.
China Navigation Co., Ld.
All-Russian Cooperative Bank—11, China
Cie. desMutual S. N. Co.,
Messageries Ld.
Maritimes
Leninskaya; Tel. Ad: Ysekobank Eastern and AustralianS.S.S.S.Co.,Co.,Ld.Ld.
Bank of Chosen, The—Pekinskaya St. Ellerman & Bucknall
Furness (Far East), Ld.
Becos Traders, Ltd.—25th October St.: “Glen” Line
Teleph. 10-09; P.O. Box 2; Tel. Ad: Holland East
Houlder, Asia Line
Middleton & Co., Ld.
Becos Indo-China Steam Navigation Co., Ld.
British Commercial Mission Java-China-Japan
Norton, Lilly & Co. Line
G. P. Paton, c.b.e., assistant agent Ocean Steamship Co., Ld.
Brown, J. A., Imports Pacific Line,
S.S. Co.Ld.
25, Dsershinsky St.; P.O.andBoxExports—
190; Tel. Prince
Royal Mail Steam Packet Co.
Ad: Jabrown Shire Line
Bryner & Co., Merchants — 15, 25th Steam
John Navigation
Warrack Co.Co., “Nederland”
October
LeonideSt.;Bryner
Tel. Ad: Bryner Andrew Weir Boris Bryner Aktieselskabet
Canton Insurance Norske
Office,Lloyd
Ld.
Felix
Chr. Bryner
Nielsen, signs per pro. Hongkong Fire Insurance Co.,Ld.Ld.
L. C. Bryner, do. (London) New Zealand Insurance Co.,
Agtncies Queensland Insurance Co., Ld.
Admiral Line Tokio Marine and Fire Insurance Ld.
The Insurance Office of Australia, Co.
YLADIVOSTOCK 459
'CONSULATES Toyo Risen Kaisha
Nippon Yu sen Kaisha
Chinese Actg. Con.-Gen.—Wang Chi-hsiang Lloyd Triestino S. N. Co.
German—Corner Leninskaya, 33 Kunst
Shipping& and Albers, GeneralAgents,
Forwarding Merchants,
Mine-
Consul—R.
Secretary—SchoepsSommer Owners—Head Office : Vladivostock;
Tel.Dr.Ad: Kunst
A. Albers, sole proprietor
Great Assist. Britain (Mission)
Agent—G. P. Paton A. J. Mari, manager
F.A. E.O. Moeller,
Wolf, signs perdo.pro.
Japan Acting Consul-Gen.—U. Koyanagi Branches in East-Siberia and North-
Manchuria (Harbin)
Agencies
•Cornabe, Eckford & Winning—Tel. Ad: Bureau Dollar
Robert “Yeritas”
Co. Line
Cornabe Hamburg-Amerik/a
J. A. Brown, signs per pro. Lloyd Triestino
EarLeninskaya;
Eastern State North German Lloyd
Tel. Ad:Lumber
Dalless Trust—46, Rickmer’s
Stinnes Lines Line and numerous Insur-
'Government Business Concerns ance Companies of various countries
' Dalless
Dalribohota (Timber)
(Fisheries) State Bank—71, Leninskaya; Tel. Ad:
Okaro
Okhotsk) (Fisheries — Kamtchatka, Gosbank
Gostorg (General Trade) Tetiuhe Mining Corporation, Ltd.—15,
25th
B. J.October
Bryner,St.;resident-director
Tel. Ad: Temico
"Great Northern
T. L.Kring, Telegraph
superintendent Co., Ltd. E. C. Bloomfield, general manager
E. Christensen Tchoorin’s Successors, Kasstanov & Co.,
S.S. C.H. Jensen
Madsen |I K. E. B.Christiansen
Larsen General Merchants—Leninskaya
G.Poulsen
J.P. J.R. Hansen J. O.
Pederson | V. Levald Y. Wassard & Co.—Tel. Ad: Orient; Codes:
A.B.C. 10th4th and
edn.5th ends., Bentley’s and
^International Sleeping Car Co.—21, Scott’s L. P. Wassard, managing partner
25th
Agencies October Street; Tel. Ad: Sleeping A. Jorgensen, partner
Ussuri Railway
Chinese Eastern Railway M. Ch. Thamlandermanager
A. Grumsen, j M. Baronoffsky
South Manchurian Railway J. Rimsha | E. Kolozoff
Chinese Government Railways Agencies
East AsiaticEastCo., Ld., Copenhagen
1 Japanese Government Railways
Canadain Pacific Railway Swedish
Gothenburg Asiatic Co., Ld.,
Canadain Pacific
Pacific Mail Steamships Steamships Steamship Co., Orient, Ld., Copen-
_ Messageries Maritimes hagen
JAPAN
Constitution and Government
The government of the Japanese Empire was anciently, in theory at least, that
ofhands
an absolute monarchy, his but the real administrative and
1868 executive power was inover- the
threw, ofafter the Shogun
a short andwar, theclansmen.
power of the In the year together
Shogun, thewith
Imperialist
that of theparty
Daimios,
orretainers
feudal tonobles, who,
the Mikado, on the
by whom 25th June, 1869, resigned their lands, revenues, and
original incomes, but ordered to residetheyin the
werecapital
permitted to retain
in future. one-tenthbears
The sovereign of their
the
name
countries of Emperor, but thetitleappellation
is the ancient of Mikado.by which he has been generally known in foreign
Yoshihito, the reigning monarch, was born on October 31st, 1879, married Princess
Sadako, a daughter of PrinceKujo, on May 10th, 1900; and on July 30th, 1912, succeeded;
his
Emperor is,Mutsuhito,
father, according towhoseJapanesereignchronology
extended over partlya mythical,
period of the
45 i22nd
years. ofThe reigning
an unbroken
dynasty, founded 660 B.c. Owing to his illness, the Crown Prince is acting as Regent. |
The power of the Mikado was formerly absolute, but its exercise was controlled to'
some
Senateextent by customJudicial
and Supreme and public opinion.
Tribunal The Emperor
were founded, Mutsuhito,
solemnly declaredinhis1875, whendesire
earnest the
tothehave
spiritual as well as the temporal head of the Empire, but, although the Shinto faith as-is
a constitutional system of government. The Mikado has long been regarded
held
ters, toandbealla religions
form of national religion, the Emperor does not interfere in religious
was in mat-
reduced to a simplearebureautoleratedunderin Japan. TheofEcclesiastical
the control the MinisterDepartment
of the Interior. 1877
The-
Mikado acts through an Executive Ministry divided into nine
Gwaimu Sho (Foreign Affairs), Xaimu Sho (Interior), Okura Sho (Finance), Kaigun Sho departments, namely :—
(Navy), Rikugun Sho (Army), Shiho Sho (Justice), Mombu Sho (Education), Noshomu Sho
t Agriculture and Commerce), and Teishin Sho (Communications). In 1888 a Privy Council,
modelled on that of Great Britain, was constituted. The new Constitution, promised
by the Mikado, was proclaimed on the 11th February, 1889, and in July, 1890,
the histis Parliament
system bicameral, the wasHouse
elected; it metandonthe
of Peers the House
29th November. The Parliamentary;
of Representatives constituting-
the Imperial Diet.
The Empire is divided for administrative purposes into three Fu, or urban prefectures-
(Tokyo,
which have Kyoto,beenand Osaka),into
converted anda43kenKen,
andornamed
prefectures, including
Okinawa. the Loochoo
The island of Yezo isIslands,
under
a separate administration called Hokkaido-cho, so also is Chosen (the name Japan
has given
isManchuria, to the
governed as a colony, Kingdom of Corea, which she formally
and the sameaftermaythealsowarbe with annexed in 1910),
said of the Kwantung but Formosa
Province
governed by which prefects,Japan
who acquired
are all of equal rank, are underRussia. Theoffutheand
the control ken areofof
Ministry
the Interior and have limited powers, being required to submit every matter, unless? j
there is a precedent for it, to the Minister of the Interior. Nor have they any concern|
inandjudicial
the andsevenproceedings,
Supremeover which
Courts come under Osaka, the cognizance
Nagoya,atofHiroshima,
the 48 local Courts ^
Miyagi, Hakodate, whichattheTokyo,Daishin-In presides Tokyo. Nagasaki
Previous to the last change of Government, which restored the ancient Imperial
regime, the administrative authority rested with the Shogun (Military Commander),,
whom foreigners were at first led to recognise as the temporal sovereign, and with whom
they
1184 bynegotiated
Voritomo,treaties
a generalof peace
of greatandvalour
commerce. The and
and ability, Shogunate was founded
was continued throughin
several dynasties until 1868, when the Tokugawa family were dispossessed of the-
usurped authority. Under the Shogun 300 or more Daimios (feudal princes) shared
the administrative power, being practically supreme in their respective domains
JAPAN 461
conditionally upon their loyalty to the Shogun; but their rank and power disappeared
with the Shogunate. On the 7th July, 1884, however, His Majesty
Notification and Rescript rehabilitating the nobility, and admitting to its ranks the most issued an Imperial
distinguished civil and military officials who took part in the work of the Restoration.
The old titles were abolished, and have been replaced by those of Prince (Ko), Marquis
(A'b), Count (Haku), Viscount (Shi), and Baron (Dan).
Revenue and Expenditure
The budget for 1924-25 was
traordinary, Yen 194,265,814. Expenditure: as follows: Ordinary,
Revenue:Yen Ordinary, Yen 1,-214,788,272,
1,028,156,564; Extraordinary, Ex-
Yen 380,897,522. Ordinary expenditure included Ministry
Ministry of Navy, Yen 126,322,000; Foreign Ministry, Yen 16,557,000; Ministry of of War, Yen 179,452,000;
Education,
Ministry ofYenthe71,967,000.
Navy, YenExtraordinary expenditure:
112,268,000; Foreign Ministry
Ministry, Yen of2,785,000;
War, YenMinistry
13,661,000of
Education, Yen 8,653,000.
Population
squareThemiles.
total area
The ofpopulation
Japan, exclusive
of the ofEmpire,
Formosaaccording
and Chosen, is estimated
to the returns at 163,042
from the
Census Board in 1920, was 77,005,510, viz., 55,961,140 for Japan Proper; 17,284,207 for
Korea; 3,654,398 for Formosa; and 105,765 for Saghalien.
taken on October 1st, 1925, the total population in Japan Proper was 59,736,704, show- According to the census
ing an increase
Formosa of 750,000Saghalien
was 3,994,236; a year for the previous
203,504. The most fivepopulous
years. The citiespopulation
are Osaka,of
Tokyo, Nagoya, Kyoto, Kobe, Yokohama and Nagasaki in the order named. There
.are,
thirdexclusive of Chinese,
of that number about 5,000
beingtheBritish foreigners
subjects. Japan residing in Japan, divided
is geographically more than one-
into“ nine
the
four islands: Honshiu, central and most important
provinces,” the south-western island; Shikoku, “the four provinces,” the southern territory ; Kiushui,
island; and Hokkaido, the most northerly and least developed. The first three islands
are sub-divided
Hokkaido) into into
is divided eight11 large
provinces.areas, containing 66 provinces, and the latter
Extension of the Japanese railway systems has proceeded uninterruptedly since
the first line
cluding was laid
Chosen, in 1872.andTheSaghalien),
Formosa mileage open to traffictointheJapan
according latestproper (ex-
returns,
is 5,999 miles of State railway and 1,834 miles of private railway. The
Government in 1906thedecided
for general traffic, object on thetoState
being improveownership of allforrailways
the facilities which over
direct traffic are used
long
distances,
proposed to
to accelerate
purchase transportation,
the lines belonging andto to
32 cheapen
private the cost.
companies The Government)
within a period
•extending from 1906 to 1911, but the House of Peers, when the Bills came before
them, reduced the number of companies to be bought out to 17 and extended
the periodwas
purchase of purchase
2,812 miles. to 1915.
It wasThesoon aggregate length of for
found advisable the various
lines it reasons
was decided
to carryto
through
during the two years 1907-8 and 1908-9. The capital of the State Railway systempaid
the whole transaction in one year, and the sum of Yen 483,563,325 was has
risen since the latter year by 47 per cent, owing to expenditure on extensions and
improvements,
•capital during the four-year period ended on March 31st, 1914, averaged 6 per cent. the
and now amounts to Yen 1,108,060,237. The percentage of profit on An
average interest
A,000,000 yen in sixofyears
35,000,000
have beenyen per
givenannumto thehaslightbeen paid, and
railways, subsidies amounting
the surplus has been to
invested in additions,
in eighttheyears improvements, and constructions to the amount of 172,000,000 yen
during period.to March 31st, of1917—a
As a result the warsum withpractically
Russia, theequalSouthto half the capitalRailway
Manchurian outlay
was taken over by Japan.
and 270 miles more under construction. There are about 950 miles of electric tramway in Japan
By treaties made with a number of foreign Governments the Japanese ports of
Kanagawacalled
(formerly (Yokohama),and Nagasaki, Kobe, thrown
Hakodate, openNiigata, and commerce.
the cities ofInTokyo
new treaties wereYedo) signed with Osaka
the were
Powers by which to foreign
extra-territoriality was abolished 1894
and the whole country opened to foreign trade and residence, the treaty to come into
force in July, 1899. Actually, extra-territoriality ceased to exist on August 4th, 1899-
462 JAPAN
Currency I
is a From October,
gold Yen 1897, Japan
weighing .8333 placed
grammesher andcurrency on a gold
containing .75 basis.
grammes The ofunitfineof value
gold.
The conversion from silver to gold was effected at the ratio of 1 to 32.348.
Education
!
’ ThereEducation is national and very general in Japan,Normal
and is makingandgreat progress.
specialarestudies—such
numerous High Schools,
as Law, MiddleMedicine,
Science, Schools, Mining, Schools,
Agriculture, and Colleges
Foreign for
Languages—and several Female High Schools "have been established, and are carefully
fostered
the by the Government.
Government employs manyIn European
order to facilitate the and
professors, prosecution of foreign
also sends, at the studies
public
expense, a large number of students every year to America and Europe,
The 1923 Earthquake
any An appalling
recordeddistrict earthquake—probably
in the history the most disastrous
of the world—occurred in Tokyo in itsYokohama
and consequencesandweretheof
surrounding on September 1st, 1923, as a result of which 100,000 people
killed, 43,000
materialand damagewere missing
was enormous.and believed to be
A very tolarge dead, and 113,000 were injured. The
capital the chief port were reduced dust proportion
and ashes ofby the the buildings
earthquakein and the j
the fires
and whichthefollowed.
assessed damage at The
yen official returns Questioned
$380,000,000. gave a totalinofthe
6,962Diet,
factories
Mr. destroyed,
Inouye said ;
the total loss from the earthquake was between seven and ten million yen.
DIRECTORY
FINANCE DEPARTMENT Brazil—Hotel Imperial, Tokyo
(1, Ote-machi, Itchome, AmbassadorExtraordinary & Minister
Tokyo) Kojimachi-ku, Plenipotantiary—R.
First de Lima
Secy.—Godofredo e Silva
de Bulhoes
NAYY DEPARTMENT
(l, Kasumigaseki Nichome, Kojimachi- Chile—Hotel
ku, Tokyo)
Imperial, Tokyo
Charge d’Affaires—M. Blanco Viel
Attache—Arthur Rose-Innes
EDUCATION DEPARTMENT Naval Attach^—Comdr. Rogers
(Motoe-cho, Kojimachi-ku, Tokyo)
DEPARTMENT OF JUSTICE Czecho - Slovakia — 22, Kasumicho, I
Azabu-ko,
(Kojimachi Nishi Hibiya-machi, Tokyo) (Aoyama) Tokyo; Teleph. 7004 |
Envoy Extraordinary and
Plenipotentiary—J. Minister ||
Svagrovsky,
EMBASSIES AND LEGATIONS LL.D.
Belgium—3, Sannen-cho, Kojimachi-ku, Secretary—P. Ruzicka
Tokyo; Telephs.
bassador's 4697 Aoyama
Residence), (Am-
4693 Aoyama
(Secretary’s Denmark
Tokyo —8, Marunouchi Nakadori,
AmbassadorResidence)
Extraordinary and Envoy Extraordinary and Minister
Minister Plenipotentiary— Albert Plenipotentiary — Henrik de
de Bassompiere Kauffmann (Peking)
First Secretary—J.
Commercial Berryer
Attache—R. Grenade Charge d’Affaires—Ejnar Waerum;
Interpreter—A. litaka Teleph. 2695 (Yotsuya)
JAPAN 463
Finland—3, Minami, 7-chome, Aoyama Italy—Koj imachi-ku, U rakasumigaseki,
Tokyo
Charge d’Affaires —Dr.G. J.Ramstedt Tokyo; Teleph. 1205 (Aoyama)
Amb. Extr. et Plen.
Counsellor — M. le Comte L.
Mocenigo
Secretary-Interpreter —M. Alfredo
France—Itchome, lida-machi, Koji- de Prospero
machi-ku, Tokyo
Ambassadeur Extraord. et Pleni- Netherlands - 1, Shakae-cho, Shiba-ku,
potentiaire—S. Exc. Paul Claudel Tokyo
Conseiller
Gentil d’Ambassade— Francois Envoy Extraordinary
Premier Interprete — Georges Plen.—General J. C. and
PabstMinister
Bonmarchand 2nd Secretary—J. A. T. Band
Secretaire Interpreters
Kuiper, J. —B. Dr.
SnellenJ. andFeenstra
GuezennecArchiviste — Francois Besier
R. W.
Attache-Chiffreur — Jean Lortat Chancelier—W. H. Wenniger
Jacob
Eleve-lnterprete—Depeyre Norway—1, Yuraku-cho,
Attache Mil.—Comdt. Renondeau machi-ku, Tokyo; Teleph.Itchome, Koji-
5306 (Ote)
Attache Naval —Capt.
Bain de la Coquerie de Fregate, Envoy Extraordinary and Minister
Attache Aeronautique—Cdt. Tetu Plenipotentiary--J
Charge d’Affaires—L Michelet(abs.)
Gronvold
Attache Coml.—Raymond Royer Poland—55, Zaimoku-cho, Azabu, To-
kyo; Teleph. 6540 (Aoyama); Tel. Ad:
Pollegation
Germany — 14, Nagata-cho, Itchome, Envoy Extraordinary and Minister
Kojimachi-ku, Tokyo Plenipotentiary—H.E. Stanislas
Ambassador—Dr. W. H. Solf Patek
Counsellor—M. Timann First Secretary—II. B. Zaniewski
1st Secretary—Dr.
Do. —Dr. Bischoff Michelson
2nd Secretary—Dr. Kolb Portugal—1, Sannencho, Kojimachi-ku,
Do. —Dr. Tokyo
Attache—Dr. Voss A. Czibulinski Envoy Extr. and M.Minister
tentiary—H.E. H. J. daPlenipo-
Costa
Chancellor,
H. Schultze Chief of the Chancery— Carneiro
Secretary —F. Bern Siam—4, Kogai-cho, Azabu-ku, Tokyo
Assist. Secretary—Th. Schmidt Envoy
Plen. Extraordinary
— H.E. PhyaandChamnong Minister
Great Dithakar
machi,Britain—1,
Tokyo; Tel. Ad: Goban-cho,
ProdromeKoji- Secretary—Luang Tiro Rathakitch
Do. -Interpreter—Khun Vacha
Ambassador—The Right
Charles Eliot, g.c.m.g., c.b. Hon. Sir Sunthorn
Counsellor—A. J. K.G.Clark Attache—Chuang Pussaja
Naval Att.—Capt. C, C.Kerr
Royle, Spain —1901, Shimoshibuya, Tokyo;
C.M.G., R.N.
Military Attache—Col. F. S. G. Teleph. 4801 (Takanawa)
Piggott, D.s.o. Envoy Extraordinary
Plenipotentiary — M.andDonMinister
Jose
Japanese Counsellor—Sir H. G. Caro Szechenyi
Parlett,
Acting c.m.g.
Commercial Counsellor—G. Charge d’Affaires—M. Arnao
B. Sansom Naval Attache—LeCapt.
D. Fernando de Carranza de Fregate,
First Secretary—M. D. Peterson
Second do — J. H.
Third do. —H. L. Baggallay le Rougetel Sweden — 67, Tansumachi, Azabu-ku,
Commercial Secretary—R. Boulter Tokyo
Envoy Extraordinary and Minister
Assist. Japanese Secretary—H. A. Plenipotentiary—O.
Macrae, m.a., m.b.e.
Archivists—H. E.M.R. Warton, H. A.T. Secy, of Legation—F. S.Ewerlof
Wennerbeg
Langstone, J. Tabor, H. Attache Milit.—Capt. T. Jacobsson
Graves and B. C. Flynn Chancellor—J.
Coml. Attache—B. O. Zetterberg
A. Renborg
464 JAPAN—TOKYO
Switzerland—9
Envoy of 21,ShibaKoen,Tokyo
Extraordinary and Minister 2nd Secy.—Leon Wolf
Plenipotentiary Japanese Secy.—E. Spalarugk
Charge d’Affaires—A.
Chancellor—W. Brunner
Spycher United States of America—1, Eno-
Secretary-Interpreter—K. Takatsu kizaka-machi, Akasaka, Tokyo
Ambassador—E. A. Bancroft
Counsellor—Jefferson
Japanese Secretary—E.Caffery
H. Doornail
First Secretary—K.
Second do. —F. D.H. K.Norweb
Le Clereq
Union des Uepubliques, Sovietistes
Socialiste.s—1, Urakasumigaseki, Ko- i Special
jimachi-ku, Tokyo Smith Disbursing Officer—T. C.
Representant
bassadeur Ex.Plen. a titre d’Am-
et Plen.—S.E. M. Third Secretary—J.
Acting H. Gray
Naval Attache—Lt.-Comdr.
Y. L. Kopp H. B. Hein
1st Secy.— Nicolas Kuznelzoff Mil. Attache—Maj.
Commercial P. Faymonville
Attache—H. A. Butts
Do. —Geo. Astahoff
TOKYO
The capital of Japan [until the Restoration called Yedo] is situated at the north of
the Bay The
miles. of Yedo, has a circumference
river Sumida runs throughof the 27 miles, andlarger
city, the coversparta surface
lying ofto 40thesquare
west
of this waterway, while on the east lie the two wards named Honjo and Fukagawa.
undulating ground, and possessing abundant foliage. The city is divided into on15
Tokyo as viewed from the bay is a pleasant-looking city, being well situated
ward divisions, and its suburbs into six divisions. It was, in fact, until recently more like
an
and aggregation ofmoretowns than one greatto city, but everycities
year has seenWest.
greaterThe congestion
Castleconditions
of Yedo, now approximating
transformed into the crowded
the Imperial Palace,ofor the
Gosho, occupies ancient
a com-
manding position on a hill a little to the westward of the city. It is enclosed in double
walls
Shogun’sand surrounded by
Palace and ancient a fine broad
several publicmassive moat. Within
offices, but the destructive the Castle formerly
fire the
of the stood
1872, levelled
walls. Anew these
palace on theand old site has buildings, leaving only
been constructed, and the lofty3rdturrets
Emperor
of April,
tookand
up
his residence tnere in January, 1889. The Imperial Garden called Fukiage is situated
within the enclosure
and contains of thetrees,
fine forest palace.rareItand is tastefully
beautiful laidplantsoutofinallthekinds,
pure anative style,
large pond,
cascades, etc.
Between the castle and the outer walls a large area was formerly occupied bjr the
numerous what
illustrate palaces of thewasDaimios,
old Yedo but time
like in the few ofof the
these feudal erections now remain to
Shogunate.
traversed by a main street running from the north toonthethesouth-west
The most important part of the business quarter is east of theunder
castle,different
and is
names.
A section well worth a visit is the public park or garden named Uyeno, where
formerly
which stood the magnificent templethefounded and maintained by the1868.
Shoguns, and
groundswasthedestroyed
IndustrialbyExhibition
fire during of 1877War was ofheld,Restoration in July,
when the gardens In these
were converted
into
held a public
here and pleasure
have provedresortveryby successful.
the Government. In Uyeno Several
is alsoexhibitions
situated thehavefinesince been
Imperial
Museum (Haku-butsu-kwan).
Among the places much resorted to by visitors is the ancient temple of Kwannon,
at Asakusa, not far from Uyeno, one of the most popular and most frequented
temples in Japan.
near it are At the
two colossal stonerightstatues.
of the Atemple new there
park was is aalsofineopened
old Pagoda,
close to andthe
TOKYO 465
temple about the same time as that of Uyeno. Thus, with Shiba, in the southwest,
where are to be seen some of the splendid shrines
glories of Tokyo, there are three large public gardens within the city. of the Shoguns, among the chief
capital.The districts
Here is theof centre
Honjo ofandtheFukagawa
lumber andform othera trades.
distinct Thisindustrial
quarterportion of the
is connected
with
iron the some
and rest ofofthewood.city They
by sixaregreat bridges,
called, some ofonwhich
commencing the are constructed
north, Adsuma-Bashi, of
Umaya-Bashi, Ryogoku-Bashi, O-Ha.shi, Shin-O-Hashi
From these the traveller may obtain a fine view of the animated river-life of the and Eitai-Bashi, respectively.
Sumida, whose waters are always covered with junks and boats of all descriptions.
yearsAago greatcovered
part by of paddy
the remaining area forming
fields, is to-day coveredthebydistrict
“ suburbs north
” ofofgreat
the extent,
castle, a well
few
served by the municipal tramway system. There are
such as Asuka-yama, and neat little villages. The part west of the palace containsalso extensive pleasure gardens,
50withtemples,
an areaandofa number
about 17£of nobles’
square palaces. The district
miles, contains abouton 60the temples.
south of the Thepalace,
most
remarkable among them is Fudo-sama in Meguro.
Several great fires have swept Tokyo during the last two decades, and these have
led to great1st,
September improvements
1923, following and upon
widening a veryof the streets.
severe The lastThe
earthquake. of these broke due
casualties out onto
this
Home terrible visitation were as follows, according to a return issued in November by the
numberOffice of housesDead 68,215; ismissing
destroyed said to(believed
have beento 316,000,
be dead),or3^,304;
71 perinjured,
cent, of42,135. The
the whole
ofhomeless.
the buildings
Much of the
has beenyetcity;
done and no fewer
to repair than 1,360,000
the terrible damage can people were
donebetoerected rendered
the city, but
itthewill take some years before
place of all those that were destroyed. permanent new structures to take
Tramways have been extended in all directions; a ten-minute service is maintain-
edelectricity,
with Yokohama. The mainbystreets
and the remainder and those
gas. Lines adjacent amounting
of telegraphs, to them arein lighted by
all to 200
miles, connect the various parts of
lines. The main streets are broad and fairly well kept. the city with one another, and with the country
The soldiers and police are dressed in uniform on the western model. Though
numbers appear in European garb, the mass of the people still wear the native dress.
walksTheor environs of Tokyowill
rides. Foreigners arefind
verymuch picturesque
to interest andthemoilerina great varietyround.
the country of pleasant
The
-finest scenery is at the northern and western sides of the city, where the country is
surrounded
ofcovered
Hakone, by beautiful hills, from which there is a distant view of the noble mountains
with while
snow the beyond
greaterrisespartin ofsolitary
the year.grandeur the towering
The population peak asof disclosed
of Tokyo Fuji-san
by the Census of 1920 was 2,173,162.
The native Press is represented by some 20 daily papers, and many monthly
and fortnightly
language called thepublications.
JajMn Times ThereandisMail,
a dailywhichpaperis run by JapaneseofinJapanese
representative the Englishin-
Ii isterests, and
published the
in Japan
the Advertiser,
capital. The which
Far was
East, published
a weekly for many
illustrated years in
newspaper, Yokohama,
British
owned,
cluding isseveral
also published
universities, in asTokyo.
distinct Therefrom arethe1,225 schoolsor ofofficial.
Imperial, different classes,
Thefrequented in-
best hotel
for foreigners is the Imperial. Another new and well-equipped
principally by Japanese, is the Palace Hotel, also called the Tokyo Kaikan. A third is hotel,
the Tokyo Station Hotel.
466 TOKYO
DIRECTORY
(For Government Departments and Embassies see Japan section, pages IfiO-lfilf.)
Aall & Co., Ltd.,
1, Itchome, ImportKoji-machi-ku;
and Export— Specialty'Department (Ginza Office)
Telephs. 5152Yuraku-cho,
and 5306 (Ote);Tel. Ad: Aall W. C. Howe, manager
H. T. Goto, sales manager
Cato
Johan N. B. Aall,
Brandt, managing director L. F. Benham, chief repairman
Thr. Seeberg director
P. Kuzmichev
Agencies
Home Insurance Co. of New York
Liverpool
South British& London
Insurance& GlobeCo. Ins. Co.
Akiyama Law Office, The, Attorneys-
at-law and Patent Attorneys— Mitsu I Andrews ! & George Co.,7092,Inc.7093-
Bishi Building, 21, Marunouchi; Teleph. | and 5, Shiba; Telephs. 818, 1824,
4937 (Ote) 7094 (Aoyama);
F. 23; Tel. Ad: Yadzu Central P.O. Box..
S.H. Ikeda,
Yasuda, ll.b.ll.b. B. M. Andrews, president
B. Ozawa Engineering Department
W. B. Lawson, manager
Allen, Sons & Co., Ltd., W. H., Mechanical : Machinery J. W.
Department
Myers, manager
and Electrical Engineers—9, Marunouchi Office Appliance Department
East,Koji-machi-ku;
G. B. Slater, representativeTel. Ad: Manifesto E. J. McNamara, manager
OilB.and Beltingmanager
Kimbara, Department
American School in Japan—Hanezawa, Safe-Cabinet Department
Shimo
Board Shibuya J. Beifsnider, manager
man),ofH.Trustees—B. F. Moss (chair-
S. Sneyd (secretary), C. P. JosephDepartment
Koch
Garman
Garman (treasurer),
(assistant Mrs. C. P. Scientific
treasurer) F. E.W.
C. Papworth, manager
Allen O. Hansen, principal Madden
J. F. Fernandez
K. Hashimoto Florence Smith S. Georgiadis
Louise Clement
Vivian Jane SmithHansen
Smith Madeleine Miss Catherine I|I C.S.K. E.Lubiensky
Koidzumi
Edwin Tanner Mildred Landon Mrs.Hoffman
G. P. I S. K. McNamara
Mojumdar
American Trading Co., Inc.—1, Yuraku- Agents Hoffsommer
for | B. Telfer
cho, Itchome, Koji-machi-ku: Telephs. Engineering—Bailroad, Construction,
5118PercyandH.5351 (Ote); Tel. Ad: Amtraco Power
Jennings, chairman of Board Mining andTools,Bailroad
Drills, and Equipment,
Equip-
Walter S. Franklin, (New
presdt. do. York)
do. ment, Oxy-Acetylene and Electric
Afred Debuys, vice-presdt. Welders, Agricuitural
Befrigerating Equipment Implements,
Daniel Warren, do. do. Machinery
Edward
Frank
M. Sutliff, do. do. Factory —Equipment,
Machine Tools and
Automatic
generalN.manager
Shea, vice-president
for Japan and Machines, Wood Working Machin-
ery, Pneumatic Machines, Small
G.Wm. N. Mauger, agent
Hirzel, sub-agent Tools, Testing Machinery
E. B.E.Cole, accountant Office Appliance
Filing Systems,—Typewriters,
Check Protectors,Visible
Mrs.
Engineering de Garis, stenographer Adding Machines, Duplicating
Paul Messer,Departmentmanager Machines
OilBelting
and Belting — Industrial Oils and
P.M. S.Hale
Gilman
T. F.Gotch Safe - Cabinet
Vault Doors,—Money
The Safe Chests,- Cabinet,
Steel
B. Crawford
Import Department Vault Equipment
H.Miss HallM. Down, stenographer Scientific — Scientific,
Physiological, and all Electrical,of
classes
Besearch Apparatus
TOKYO
3^ Associated Press America — 5, Uchi- China Mutual Life Insurance Co., Ltd.
«Ij saiwai-cho, Itchome, Koj i-machi; Teleph. —JSee Sun Life Assurance Co. of Canada
1867Victor
(Ginza);
G. C.Tel.Eubank,
Ad: Associated
correspondent CLUBS AND SOCIETIES
and chief of bureau American, Bible Society—1, Shichome
Ginza-1909
a Babcock & Wilcox, Ltd., Manufacturers Chamber of Commerce
)I Yurakucho
of Patent Water Tube Boiler, etc.—1,
Itchome; Teleph. 1587 (Maru- President—Y. Sashida
nouchi); Tel. Ad: Babcock Vice-presidents—S.
Oyama Inamoto and H.
Balfour & Co., Ltd., Committee—Y. Sugiyama, S. Ozawa,D.
and Dannemora Steel Arthur (Capital
Works, Sheffield, E. Otsuka, T. Itoh, K. Kosuge,
England)—9,
Tel.W.Ad-.Arbour Higashidori, Marunouchi; Tamura, S. Mori, K. Kusaka, K.I.
Kamiya, C. Yanase, A. Takeda,
Stanley Moss, manager for Japan Sugino, T. Honda, T. imamura
W. Bennett Robinson and Secretary—(vacant)
Chief S. Hashimoto
Bank of Chosen—1, Eiraku-cho Nichome, Japan Book and Tract Society (in co-
Kojimachi; Tel. Ad: Chosenbank operation withYork;
the American
Society, New Religious Traci
Tract
Blundell & Co., Ltd., G., Import Mer- Society, London; and
Canada Tract Society, Toronto)—1, the Upper
chants—Okaya Building,
dori, 4-chome, Kyobashi-ku; Tel. Ad: Honhatcho- Ginza, Shi-chome, Kyobashi
Blundell; Codes: A.B.C. 6th, Bentley’s G.Akasaka
Braithwaite, 5, Hikawa-cho,
andW.Private
Blundell, director
J. E. Kenderdine, do. Board of Managers
Rt.president
Rev. Bishop S. Heaslett, d.d.,
Buxbaum,
Exporter—6, Charles H., Yamamoto-cho,
Itchome, Importer and Rev. D. R. McKenzie, d.d., vice-
Kojimachi;A.B.C. Tel. 5th
Ad:edn.Buxbaum; Codes: president
_ Bentley’s G.Rev.Braithwaite, secretary-treasurer
R. P. Alexander, m.a.
Canadian Pacific Railway Co., Traffic Rev.
Rev. J.Wm.
Anderson
P. Buncombe, b.a.
Agents
Ltd., for Canadian Pacific Steamships, Richard W. Harris
Co.—C.andNo.Agents 8-No.for1, Dominion Express
Itchome, Yuraku- Rev. A. Oltmans, d.d.
Rev. A.A. D.K. Woodworth,
Reischauer, d.d.
cho, Kojiiuachi-ku Rev. d.d.
f Freight Ad: and Operating Dept.—Tel.
Citamprag Rev. Wm. Wynd
M. Fitz-Geraid, general agent Tokyo Club—1, Sannen-cho, Kojimachi-
G. A. Watt, assistant ku , Telephs. 3021, 3022 and 3023
Passenger Dept.—Tel.
A. M. Parker, Ad: Gacanpac
gen. agent, pass. dept. (Ginza)
C.K. M. Hall, passenger
Kihara, Japanese do. agent Vice-Presidents — H.Prince
President—H.I.H. E. SirKan-in
Charles
| Chartered Bank of India, Australia Director—M. Suyenobu K. Inouye
Eliot and H.E. Marquis
and China—Tokyo Agency: Yusen General Committee—Viscount H.
' Building, Eurako-cho, Kojimachi-ku ; Akimoto,
Bassompierre,T. Asabuki,
J. L. H.E. A. W.
Graham, de
Central
A. R. W. P.O.Landon,
Box 85;manager
Tel. Ad: Temple M. Booth, D. F. G. Eliot, Count
A Kabayama, Dr. S. Kishi, K.
D.M. Campbell,
W. Tipler, sub-accountant
do. Kiyooka, A.M.W. Medley,
Mauger, Kushida,T. G.Murai, N.
J. D, Adams, do. Masayasu Naruse, G. B. Slater, J.
Chilian Nitrate Itchome,
of Soda Propaganda— T. Swift,Committee—T.
Balloting G. Tanaka, N. Watanabe
Hamagu-
1,Teleph.
Yuraku-cho, Kojimachi-ku; chi, Y. R.Iwanaga,
4872 (Ote); P.O.
Ad:N. Pernicom; Box 108; Tel. Matsura, F. Moss, Count
K. Nabe- A.
K. Roscoe, Code: Bentley’s
b.a., representative shima,
Sengoku, A. M.Raymond,
Suyenobu, H. W.
E. Dr.
E. M.L.
J. Struthers, m.b.e., m.a., b.sc., adviser Sweet
468 TOKYO
CONSULATES Commonwealth Ins. Co. of New York
Great Britain — c/o Nihon Kogyo Pennsylvania Fire Insurance Co.
Ginko, 7, Eiraku-cho, 2-chome, Koji- Fine Art and General Insce.
Co.,Co.,
Ld. Ld.
'machi-ku; Teleph. 552f) (Ushigome)
Consul—C. J. Davidson, c.i.e., c.v.o. VictoryMarine
Ocean Insurance
Insurance Corporation
Actg. Vice-Con.—G. J. Edmondson Sole Agents for , Ulster Marine insurance Co., Ld..
United States of America, Consulate- Underwood Typewriter Co., Inc.
General—8, Marunouchi C., 1, Yuraku- Pacific Ammonia and Chemical Co.
cho,Consul-General—(vacant)
Itchome, Kojimachi-ku A.Amalgamated
& F. Pears, Ld.Photographic Mfg., Ld.
Consul—Joseph
Consul—Charles W. Ballantine
B. Cameron
Vice-Consuls — Austin R. Preston, Ecolemachi,deSanchomel’Etoile du Matin—32, lida-
Harland L. Walters
Clerk- Kath. C. Elder Sous-Directeur—J.Heck
Directeur—Emile B. Beuf
Cooper & Co., Ltd., Importers—Room Do. —H. Goger
516, Yusen Building, Marunouchi; Econome—L. Baumann
Tel. Ad: Repooc English
Jineers Electric Co., Ltd., The, En-
and Manufacturers—Yuraku
Dick,
and Ltd., R, & J. (Glasgow),
Contractors—4, Nakadori,Engineers
Maru- luilding, Marunouchi; Teleph. Code:
5076
nouchi; Teleph. 591 (Marunouchi); Tel. (Ote); Bentley’s.
Tel. Ad: Enelectico;
Head Office: Kingsway,
Ad: Dixit London; Tel. Ad: Enelectico, London;
C. M.R. Asanuma
Heath | M. Fukuta AllW.Codes used representative
M. Booth,
Dodwell & Co., Ltd., Importers and R. L. Alkind,
B. M. Murray MissH. do.
Exporters,
surance Agents Steamship, Coaling Kan,
— Chiyoda and In-
18, H. H. Swift I. W. Driskell K. Seymour
2-chome, Minami Denmacho, Kyobashi- E.B. S.Lewis
Anderson W. Blick
ku; and
Colombo, at London, Antwerp, Hamburg, C.H. H.S. Ker Cooper S.L. Porter
Lowe
Hankow, Hongkong,
Vancouver, Foochow,
Seattle,
Canton, Shanghai,
Kobe,Francisco,
San Yokohama,Los
Bui ley
Angeles and New York. Tel. Ad: Dodwell Manufacturers (Zurich, Engineers
Escher, Wyss & Co., and
Switzerland)—
D. Morison, acting manager 320, 322, 324, Marunouchi Building;
E.N. C.P. Heigh
Jefferyway Teleph. 5764 (Ushigome); Tel. Ad:
A. W.M. Edwardson Eswysco
Dr.H.H.Leicher,
Wissler,m.e.m.e. E. Pauli
Miss
Agents for McMurray
Dodwell Line of Steamers to N.Y. W. Winkler J. Fischer
Barber Line of Steamers from N.Y.7 W. Vehling W. Strickler
R. Burkhardt
Dcdwell Castle Line from New Y ork A. Rottenschweiler
Andrew Federation of British Industries—6-4,
AmericanWeir and&Oriental
Co.’s Steamers
Line to and Nakadori,C. R. Heath, Marunouchi
representative
from New York
East Asiatic Co., Ld., of Copenhagen Findlay,
Norwegian, Africa and Australia Line Merchants — Dai Ichi Richardson & Co.,Sogo
Ltd.,Building,
General
Natal
Watts, Line
Watts of &Steamers
Co.’s Line of Steamers Kyobashi-ku; Central P.O. Box F. 49;
Yorkshire Insurance Co., Ld. (Fire, Tel.A. Ad: H. Findlay
Cole Watson, director
Marine
Union and Accident)
Assurance Society, Ld. (Fire) representative for Japan (Kobe)and
Alliance Assurance Co., Ld. (Fire) H.H.Rankin, manager
Caledonian Ins. Co. (Fire and Marine) Agency Bell.
Standard Life Assurance Co.
Settling AgentsWashington
for North Brit, and Mercant. Ins. Co., _Ld._
Providence Insce. Co. Firth & Sons,England),
Ltd., Thos.
Hull
Century Underwriters’
Insurance Co. Association, Ld. Sheffield,
—Mitsu Bishi Steel(Norfolk
Buildings,
Works,
Manufacturers
Yayesu-cho,
North British and Mercantile Ins. Co. Kojimachi-ku; Teleph. 6130 (Ushigome);
Mercantile Insurance Co. of America Tel. Ad: Firthsteel
TOKYO 469
Fkazar Trust Co., Ltd. (Frazar Dozoku Hongkong
/t Kabushiki Kaisha)—Telephs. 894 to 898 poration—1, Yaesucho, Itchome, Koji- and Shanghai Banking Cor
J)'4. (Ushigome);
i'ratrustco P.O. Box 18; Tel. Ad: machi-ku
E.D. W. Frazar,vice
president A. G. Kellogg, agent
H. Blake, do. S. W. Garrett | R. W. Taplin
H. Carew and J.
H. P. Egleston, treasurer R Geary, directors Hospital Supply Co., Ltd., Import and
Export
Surgical ofInstruments,
Medical and Drug Supplies,
IgX1 Gill & Co.—Marunouchi; Telephs. 4538 etc— 6, 1-chome, Artificial Limbs,
Yamamoto-cho,
and 4539 (Ote) Kojimachi; Tel. Ad:
Bentley’s, A.B.C. 5th edn. Buxbaum; Codes:
W.L.H.Y.Gill Allen C. H. Buxbaum, managing director
uJ Harold Bell, Taylor & Co., Chartered Howells, Inc., Merchants and Commis-
Accountants—636, sion Agents—Chuo; P.O. Box 9; Tel.
H (also London andMarunouchi Kobe); Building
Teleph. Ad:H. Howells
S. Playfair
I 7121H. (Ushigome); Tel. Ad: Auditor H. L. Playfair | C. S. Playfair
H.W.S.Taylor, a.o.a., partner
Colls, A.C.A. Illies & Co., C., General Import Mer-
J. B. Tibbetts, a.c.a. chants—Yuraku Building, Marunouchi;
Th. M. MacGregor, c.a.
Havilland, lilies 5292 and 6069 (Ote); Tel. Ad:
Telephs.
.Registered W.Patent A. de,
Agentm.a.for(Cantab.),
Japan, C.R. Illies
Koops (Hamburg),
do., partner
do.
Foreign Member of the Charterea Dr. Becker, partner
Institute
Foreign Member of Patentof Agents (London),
the Australasian R. Hillmain | A. Loeffler
Institute of Patent Agents—2 and 3, Agency
Mitsu The Hamburg-Amerika Line
Tel. Ad:Bishi Buildings,
Silverhall Yayesu-cho;
?T H f? ^oshoko
(Healing & Co., Ltd., L. J., Engineers and Itoers—c/o Co., Ltd., G.,Bank
Importers and Export-
Importers—EirakuBuildg.,
Telephs. 1044, 7026 and 6602 Marunouchi;
(Ushigome). 2-chome, The Eiraku-cho, ofKojimachi-ku
Taiwan, Ltd., 1,
Branches: OsakaA.I.E.E.,
and Dairen Inokichi Ishigaki, signs per pro.
L. J. Healing, dir. (London) J. Roland Kay (Far East) Co., Inter-
J.J. D.L. Collier,
Graham, do. national Advertising Agent—3, Aoi-cho
F. H. Clark (Osaka) do. Akasaka; Tel. Ad: Jarkay
’ L. Scott-White “Japan Advertiser,The”—18, Yamashita-
J. A. Sayer cho,
I.A.(Osaka)
W.J. Thomas
Sovaleff 4565 Kyobashi-ku;
hama); (Aoyama);
Tel. Ad:Teleph.
Telephs.16492911(Yoko-
Advertiser.
and
Branch
Mrs. Russel Offices: 55, Main
Takayama Building, Kobe Street, Yokohama, and
Helm Bros., Ltd.—1, Shibaura, 3-chome, Japan —18, Gazette Co., Ltd.Shibaku;
Kimidzuka-cho, (Tokyo Branch)
Teleph.
Shiba-ku; Teleph. 7525 (Takanawa) 6940 (Takanawa)
Herbert, Ltd., Alfred—4, Minamisayegi- Japan Tourist Bureau — Head Office :
cho,T. Kyobashi-ku; Teleph. 1744 (Ginza) Tokyo Station; Teleph. 5158 (Ushigome);
T.Yoshino,
Takahashi manager
I Z. Matsubayshi Tel. Ad: Tourist. Branch Offices: Dairen,
S.Chosen
Manchuria RailwayBuilding;
Buildings;Taipeh,
Seoul,
R. Horie | K. Ouchi Railway
Hirschfeld Actiengesellshaft, G. C., Inquiry Offices: Railway Hotel Tokyo
Building. Ticket and
Station, Imperial
Deutsche
lung— Teleph. wissenschaftliehe
21, Shio-cho, Buchhand-
1-chome, Tel.Yotsu- Hotel and Mitsubishi Store department;
yaku;
Retard t, 1268 (Yotsuya); Ad: Yokohama, Sakuragicho Station; Kobe,
2, Itchome, Kaigan-dori; Shimonoseki,
Dr. C. von Weegmann, manager Sanyo
Oura; Peking, Building;
Hotel Nagasaki, 4,
Hatamen Street
470 TOKYO
Jabdine, Matheson t f e Co.,
chants — 1, Yuraku-dho, 1-chome fV, Kokusai Ltix, Mer- News Agency, Ltd., The—5,
Marunouchi, Uchisaiwai-cho, 2336,Itchome, Kojimachi;
Import OfficeC), Kojimachi-ku Telephs.
(Ginza); 2335, Ad:
Tel. 2758, 2759Code:
Kokusai; and Bent-
3602
R. G. Bell ley’s
Yukichi
W. Iwanaga,
E. Laxon Sweet,managing
general director
supt.
Jones & Co., Inc., S. L., Importers L. Douglas Adam, editor
and
5th Exporters—Marunouchi
floor, Room 530; Teleph. Building,
1949 (Maru-
nouchi); Tel. Ad: Denroche Lendrum, Ltd., Paper Agents and Mer-
R. J. Carroll, manager for Japan chants — J2, Motodaiku-cho, Nihon-
Kabushiki Kwaisha Nihon Seikosho bashi-ku M. McCance (Kobe), manager for
The (The Japan SteelWorks, Ltd.) — Japan
Head Office: The Chiyoda Building, 18,
2-chome,
Tel. Ad: Seikosho.Minami-Denma-cho, Kyobashi; Leybold Shokwan, L., Engineers and
Hiroshima. Offices:Works:
Yokosuka, Muroran and Contractors—520,
Osaka, Yusen Building, Maru-
Maizuru, Kure, Sasebo (Japan); New, nouchi; Tel. Ad: Leybold
K. Meissner, partner
castle-on-Tyne (England) C.II. L.Steinfeld,
Falian, engineer andSimon,
partnerEvers
Count
M. A.Board
Kawabe,
of Directors
Kabayama, chairman
director &Simon,
partner (rep.
Co., Evers
G.m.b.H., Hamburg, and
D.
SirVickers,
John H. B. Noble, do. do. Hamburg) Iron Export Co., Ld.,
F.T. Isomura,
B. T. Trevelyan, do. do. R.M.Stoetzer, chief engineer (rep. J.
VoithC.Heidenheim)
Dr. T. Makita, do. Y. Saito, Acker, R. Wessoly, K.
Hasslacher, E. Etter, A. Gerhard,
T.T.K. Yonemura,
Isshiki,
Yutani,
do.
do.
do. A.engineers
Henze I C. Dietrich
Saxton W.Terashima,
A. Noble, auditor T. Hashida H. Sussmann
Count S. do. E. Schueler | R. Katori
N. Ariga, do.
Sole Agents for Manufacturers’ Life Insce. Co., The—
J. & E. Hall, Ld., London 1, Yuraku-cho, Itchome, Kojimachi-ku;
Kjellbekg Telephs. 5186 and 5192 (Ote); Tel. Ad:
Yuraku-cho,Succbs., Ltd.—1, Itchome,
Kojimachi-ku; Telephs. Manulife
T. T.C.J.Maitland, manager for Japan
5140,
BoxA. 12; 5434 and 5435 (Ohte);
Tel. Ad: managing-director
Kjellbergs Central P.O. O’Brien, cashier
H. Hansen, T. Koike, T. Matsuyama, Y. Okuda,
Bertil Johansson, m.e., signs per pro N. Yajima, G. Nodaand S. Kanai,
agents
E. Andree, m.e. I A. Bolin, m.e. Dr. S.Y.Kishi,Horiuchi,
legal adviser
C.H. A.Boman
S. Boyd || S.F. Wiberg
F. Silva Drs.Kuroda, T. Kubo, N.
K.Bryn (Osaka) | N. V. Hartog medical examiners
G, Akselb, m.e. do. Miss Cox
G. Guston do. | Miss Madsen Maruzen Company, Limited, Book
and Stationery Department and Dry
Koerting &Yusen
Co , Importers of Machinery GoodsTori,
shi Department—11 toTokyo
16, Nihonba-
—Nippon
Ad: Koerling Kaisha Building; Teh Branch: 2,San-chome; Kanda Omotejimbocho; Kanda
J. Uffenheimer, partner Tokyo
chome; Mita Branch:
TokyoBuilding;
Marunouchi1, SKiba Mita Ni-
SalesMaruya;
Room:
A.G. Rudolf
Mueller Marunouchi
Codes: A.B,C.5thand
Tel. Ad:
6th edns., Bentley’s,
W. Sachert Al,Nobuoki
Lieber’sYamazaki, president
Krauss, E., Optical Works—1, Yuraku- Ryozc Matsushita, managing director
cho, Itchome; Teleph. 4635 (Honkyoku); Agency
Tel.E. Ad : Krauss
Krauss (Paris) Directory and Chronicle for
John Behrenz, manager China, Japan, etc.
TOKYO 471
I Maurice Jenks, Percivau »f e Isitt, Char- Mitubishi Shipbuilding & Engineering
tered Accountants—Nicht Nichi Shim- Co., Ltd.—Marunouchi; Telephs. 437
bun
Tokyo;Building,
'Jel. Ad:U.Audit;
Yurakucho, 1-chome, and
Code: Bentley’s. 6388 (Ushigome); Central P.O. Box
61;Chairman—H.
Tel. Ad: Iwasakisip
London Office: 6, Old Jewry, E.C. Takeda
-1.Maurice Jenks,f.c.a.
E. Percival, F.c.A. ’ Managing Directors—H. Hamada,
H. S. Goodwyn Isitt, a.c.a. N. Nagahara
Directors — and K.K. Shiba
Baron Iwasaki,
A. E. Copp, A.C.A. Eguchi, K. Funakoshi, S. Miyoshi,S.
■J. S. Stewart, c.a. K. Shiba and S. Yamaguchi
Auditors—K.
Meiji Fire Insurance Co., Ltd. (Meiji Aoki and H.Kimura,
Miyagawa M. Kushida, K.
Kasai Hoken Kabushiki Kaisha)—Tokio Mitsui Bussan Kaisha, Ltd. (Mitsui
Kaijo Building, Telephs.
Kojimachi-ku; 1, Eirakucho Itchome,
4837/8, & Co., Ltd., in Europe and America),
5176, Importers,
570.3/5 and 5822 (1 > shigcme); Tel. Ad: mission Exporters Saw-mill
Merchants, and GeneralOwners
Com-
Meika or Meijikasai
K. Kagami, chairman and Ship Builders—Head Office: 1,
K. Takagi, manager Hon Tel.
eral cho,Ad:
Nichome,
MitsuiNihonbashi-ku; Gen-
President
—Morinosukeand Representative
Mitsui Director
Mitsubishi
Bank, Ltd.)—3, Ginko,Yayesu-cho,
Ltd. (Mitsubishi
iSi-chome, Representative Director— Genyemon
Kojimachi ku; Telephs. Mitsui
3186Chairman—M.
(Gshigome); Tel. Ad:4516,
Kushida
4517 and
Iwasakibak Managing Directors—Y. Yasukawa,
S.shiTakemura, K. Nanjo, M. Kobaya-
Managing Directors—K. Sejimo, T. and T. Kawamura
Directors—Takakiyo Mitsui, K.Fukui,T.
Kato and
Directors—Baron T. OtobeH. Iwasaki, Baron K. Seko, B. Tanaka, T. Hirata,
K. Iwasaki, K. Kimura, S. Eguchi Hayashi, I. Kodama
Auditors—I. Nakamaru, T. Kachi,and M. Fujise
and S. Yamamuro Benzo Mitsui, S. Kitamura and K.
Auditors—S. Kirishima and K. Aoki Tomono
Mitsubishi
bishi Co.)—1,Goshi
Yayesu-cho, Kaisha
Itchome,(Mitsu-
Koji- Nestle and Anglo-Swiss Condensed
machi-ku; Tel. Ad: Iwasaki Milk Co.—4, Maruyacho Kyobashiku
President—Baron
Director—K. Kimura K. Iwasaki New York Life Insurance Co.—2, Maru-
General Manager—K. Aoki nouchi Central; Tel. Ad: Nylic
General Dept.—Tel. Ad: Iwasakigen Charles
Japan Bryan, representative for
Manager—S. Yonezawa
Personnel Dept.—Tel. Ad: Iwasakigen Nippon Electric Co., Ltd., Manufacturers
Manager—N.
Accounts Dept.--Tel.Tsutsumi
Ad: Iwasakigen and Importers of Telephonic and all
Manager—M. Okoshi other
—2, Electrical
Mita Apparatus
Shikoku-machi, and Supplies
Shiba; Tel.
Economic
Iwasakisen Kesearch Dept.—Tel. Ad: Ad: Microphone
Manager—T. Nagaoka
Intelligence Dept.—Tel. Ad: Iwasakint Nippon Ginko (Bank of Japan)—Head
Office: Board
Honryogae-cho, Nihonbashi-ku
EstateManager—T.
Dept.—Tel.Ad: Saito Iwasakilad
O. Ichiki,
of Administration
governor
Manager—R. Akaboshi S.K. Kimura,
Kawada,vice-governor
director
Mitsubishi Shoji Kaisha, Ltd. (Mitsubi- J.E. Asoh,
Fukai, do.
do.
shi Trading Co., Ltd.)—1, Yayesu-cho, I. T.liamaoka, do.
Itchome, Kojimachi-ku; Tel. Ad: Iwasa- Sameshima,
kisal Yamaguchi, auditor
M.Shima,
I.Count do.
do.
Mitsubishi Soko Kaisha, Ltd.
shi Warehousing Co., Ltd.)- 1, Yayesu- (Mitsubi- Y. Matsudaire, do.
cho, Itchome, Kojimachi-ku ; Teleph.
6670 (Ushigome) T.Y. Tanaka,
Yamazaki,private secretary
do.
S. Sakurada
472 TOKYO
Inspectors’ Bureau D. Cochi’ane, engineer-in-charge
T. Kaneko I Y. Shimomura A. H. Symon, assist, engr.,(Tsurumi) do.,
H. Takakusa | S. Sadahiro Capt. Saltor, do., do.
Controllers’ Bureau
M. Tsukasaki, chief H.(Nonai)S. Hermansen, engr.-in-char^e
S. Nishina
Business Department
N.K.Nagaike
Sugiura 1 M. Katsuta Russell-Kennedys, Ltd , Commercial,
Y. Hirase | S. Shimasue Financial and International Informa-
Tellers’ Department tion
Bentley’s and Advertising Agency—Code:
T. Oku,Department
Treasury chief | J. Watanabe J. Russell Kennedy, president and.
S. Nakane, chief I H.-Okamoto general manager
G. Yoshida
Secretary’s Department | R. Takayasu Sale & Frazar, Ltd., ImportItchome,
and Export
K.Y.Shimizu, Merchants—1, Yayesu-cho, Ko-
Honmachief |j G.J. Kashiwagi Sasaki’ jimachi-ku; Telephs. 1299, 5965, 6518,,
4770 to 4793 (Ushigome); Cent. P.O. Box
Securities Department 18;E.Tel. Ad: Frazar
K. Shiga and H. Munakata, chiefs W. Frazar,
Accountants’
S. Mizuno,
Department
chief | S. Yoshikawa Directors - Dr.president
H.Blake, E. J. Libeaud.
Economic Research Department (Kobe), K. Nakamura, H. P.
Egleston (auditor)
T. Horikoshi, chief | S. Ito Personnel of Tokyo Office:
S.J. Sakurada
Ko of Agencies |I E.Y.(London)
Ito
Yanai A.H. R.A. Catto
Superintendent Chapman J.H. H.C. Lepper
Madden
J. Aoki A.F. G.
E. Curtis
Gonzales Y.Y. Suzuki Mishima
Superintendent
T. Abe of Agencies (New York) J.R. F.L. Greig H. J. Taylor
MissesHancock Y. Darcel, L. G. Gardiner,.
Nippon Yusen Kaisha—1, Eiraku-cho, S.W.Russel
C and I. K. Mockles, Mrs..
Gibbs
Itchome, Kojimachi-ku; Telephs. 5320- Agents
5323,
Morioka 5840 and 5845 (Ushigome); Tel. Ad: New Zealand Insurance Co., Ld.
T.N. Shirani,
Ohtani, president Samuel Samuel & Co., Ltd.,
R. Takeda,
managing director
do. Exporters, Insurance and Importers,
Steamship
Agents—Tokyo
nichi, Shimbun and Yokohama;
Building; Telephs,Nishi-
2178
Norwich Union Fire Insurance Society, andW.5253Kirkpatrick, (Ote); Tel. Ad: Orgomanrs
managing director
Ltd.
Teleph.— 12,5134Nakadori, (Ushigome);Marunouchi;
Norwich
Tel. Ad: I. and
M. Isaacs,chairman
director (Kobe)
F. J.P.K.Pratt, manager for Japan C.
K. B.
E. Leatham
Baker, chiefdo.accountant
Brown G.
R. B.M. T.BurneA. Bear I W. Kildoyle
Rising Sun Petroleum Co., Ltd., The— E. W. Esdale Y. G. Madden
21, Mitsubishi
Itchome, BuildingKojimachi-ku
Yurako-cho, (5th Floor),; A.G. L.I.Feldman
R. Grigsay
Kerr
' A.H. Richter
E.
K. Ramsden
C. Whitby
Telephs.
A. P. Scott,5233 and 1413 (Ote)
managing director Agencies
L. H. Lovely, manager Banque Beige pour 1’Etranger
G. E. Coysh “Shell”Mail
Royal Transport
Steam k Trading
Packet Co. S.S. Co..
C.N. R.B. V.Forrest
El well Ij C.R. Martin
O. Graham “Shire” Line of Steamers
G.St.G.M.Gompertz' K. Scheuten Danish,
AsiaticRussianCompanies and Swedish Eas
Miss
D. 0. D.Blizard,
M. Fuller Triestino
construction engineer Law Union ,ife RockN.Insurance
Lloyd S. Co. Co., Ld.
J. C. Hancock, engr. (Yanagishima) (Tsurumi) Commercial
CompaniaTransatlantica ofCo.,
Union Assce. Ld.
Barcelona
TOKYO 473
u .'Sibee, Hegner & Co.—1, Yasesu-cho, 1- Settling Agents for
Northern Assurance Co, Ld.
chome, Kojimachi-ku; Central P.O. Box Guardian Assurance Co., Ld.
F. 16;(Ushigome);
Telephs. 5122,Tel.5123, Ad:5124,
Siber5125 and Royal Exchange
i 6496 K.Ed.Hegner Indemnity MutualAssurance
Marine Insurance
Bosshart Co., Ld.
Union Marine Insurance Co., Ld.
F.E. Ehrismann World Mar. and Gen. Ins. Co., Ld.
J.Baumgartner
E. Merger, signs per pro. Atlas
Globe Assurance
and RutgersCo..InsceLd, Co., Ld.
,H. O. Pfister Economic
A. Kengelbaeher | H. Abegg Norwegian Atlas Insurai ceLd.Co., Ld.
Insurance Co.,
.South British Insurance Co., Ltd.—1, CornhiJl Insurance
Prudential AssuranceCo..Co.,Ld.Ld.
Yuraku-cho, Itchome, Kojimachi-ku; Northern Undewriting Agency, Inc.
11 Teleph. 5304
L.11.B.A.Hannat'ord, (Ote); Tel. Ad: Soubritisb
Cox manager for Japan Sun Insurance Office of London
£ St.Japanese
Luke’s and International
Foreigners Hospital
)—37, (for (Founded
Tsukiji;
ance—Mitsubishi
Nakadori,
1710), FireBuilding,
Maruncuchi.
and Marine Insur-
28, Gochi,
Kojimachi-ku:
Telepbs.
Dr. K. 5025, 5026, 3864 and 777 (Ginza) Teleph. 5056 (Ohte); Central P.O. Box
Dr.
B. Teusler, director 102; Tel. Ad: .vunfire
Dr. S.MabelV. Kibby, X-Bay department
E. Elliott, pediatrist A.W.W. R.L. Bull,
Robertson,
assist. mgr. fordo. Japan
Mrs. David
nurses St. John, directress of L.C. England |G.S. A.Oliis
Mrs. Lucille Kellam, assistant SunTaikaku
Life Assurance
Miss
Miss Helen
ChristineM. Pond,
M. dietitian
Nuno, social Building, 9, Co. Motoof Sukiyacho,
Canada—
service 2-chome; Tel. Ad : Sunbeam
Miss HelenandBoss
director
public
Lade,health
secretary to W. Manley,
H. D. Cameron,
residentmanager for Japan
secretary
R. M. Dobson, accounta t
Standard Oil Co. Akasaka-ku;
of New York J. FLord,
d’Aquino
supt. | Mrs. L. Allison
Enokizaka-machi, P.O. —Box1, (SwissE. Legation in charge of all Swiss
5 (Akasaka);
P. I.E.C.Nicolle, Tel.manager
Ad: Socony interests in the whole Empire)
Correll J. E. Pennybacker Texas Company, The—Head Office:
S.V. Y.A. Davies
Gulick C. E. Schneely Mitsu Bishi Building, 21, Yuraku-cho,
F. Maugskan S.K. J.vanTeaze R. Smith Kojiraa-ku; Teleph. 5194 (Ote); Tel. Ad:
C.R. W. Myers Texaco
E. W.Mendel son 1 H. M. M. Tresize
K. Henderson
J. S. Walker (Tsurumi)
do. V. Pape
^trachan
Merchants,& Co., Ltd., W.Agents—Yusen
Insurance M., General Tokyo School of Foreign Languages—
Building; Teleph. 3472 Kojimachi-ku
Central P.O. Boxsigns
E. R.P. E.Stroud, 43; per Ad:(Ushigome);
Tel.pro. Strachan J. Nagaya,
Austin director
William Medley, English
B. Ireland Dushan Nikolaevitch Todorovitch,
Miss H. C. Harrison Candidat
University), Philosophie
Russian (Petrograd
Insurance Dept. Agencies Fire Timo Pastorelli, Dottore Scienze Com-
Phoenix merziale (Superior ItalianJuris. of(Leipzig
School Com-
AgentsAssurancefor Japan)Co., Ld. (General merce, Rdhn,
Walther Venice),Doctor
Northern
Guardian Assurance Assurance Co.,Co., Ld.
Ld. University), German
London Joao Munoz,
d’Amaral,Spanish
Abranches Pinto, Por-
Royal Insurance Co., Ld. tuguese
MarineCo., Ld Pao Hsiang-Yin,
L.B. Winkler, Austrian Chinese
Phoenix Assurance
London and Provincial Marine and Brady, English
General Insurance Co., Ld. D. van Hinloopen Labberton, Dutch
474 TOKYO
Moise Charles Datt,Haguenauer, H. C. Molsberry, standard building. ]
Bishwarabhar Indian French H.depariment
Aoyama. manager, credit dept.
Abdul Kani, Malay
Yiin Ching Shih, Mongolian
Martin T.G. C.T. Younger,
Saito, purchasing dept. mgr.
acting works J
Russian Nikolaevitcn Bamming, G. C. Ferver, cost accountant |
Marcel Robert,delicencie Business
I’Universit^ Paris es Lettres de Manufacturers and I m norters of:
Standard Steel Buildings
Jas.of Percy Grant,m.a.b.sc.(University
California), (Universityof Steel
Colorado) Kahn Windows
Column Trussed
Hooping,
and Doors
Bars. Rib Mesh
Wire Bars
Tokyo Shogyo Kaigi Sho (See Chamber Floredomes, Floretyle and Ifyrib,
of Commerce) for Concrete Reinforcement
Metal
Plaster RibLath
Lath, Expanded Metal
Tomporters—Yusen
eye Trading Co.. ( N. Importers and Ex-
Y. K. ) Building; Highway Reinforcement Products j
Teleph. Importers of Products of the Truscon *
Codes: 5415 Acme,(Ushitrdme);
Bentlev’s, Tel.Lie'Ad:
oer’sLeon;
and Laboratories,
Concrete In’egralDetroit
Waterproofing
A.B.C. 5th edn.
Leon D. S. Tom eye Cement Dampproofing
H.S.J.Murayama
Cook (San Francisco) Rnst
WaterproofPreven’ive
PaintsMetal
and Paints
Varnishes
M. Nakagawa 1 T. Tsuyusaki Technical Dampproofing Finishes
J. Hattori | Miss M. Koyama Agents
Truscon for Steel Co., Youngstown. Ohio.
Agents for
Taiyeiyo Marine and Fire Ins. Co., Ld., Truscon Laboratories, Detroit, Michi- 1I
Kobe gan, U.S.A*
Branches
Toyo Kisen Kaisha (The Oriental Steam- Tokyo—1,
jimachi-ku; Yurakucho 1-chome,
Telephs. 5111, Ko-
5583,5584 '■1
ship
machi-kuCo.)—1, Itchome, Eiratsucho, Koji- (Ote)
Directors I. Nioh, branch manager
Soichiro Asano, president Yokohama —15th Bank, 2-chome, Ota- j
Ryozo Asano, managing-director machi; Teleph.branch
J. Okada, 3789 manager
Umetaro
Shozo Hashimoto, do.
Takano, do. Nagoya —Mutsuda Building, Higashi- j1
Managers Shinmachi, Nakaku; Teleph. 3397
Manager—I. Takaha-hi (Higashi)
General Traffic
Affairs Dept.
Dept.—K. Kawai Osaka I. Ogawa, branch
— Daidosemei manager
Building,
Freight
Commissariat Dept..—S.
—K. Doi
Saito Itchome,
Telephs. Tosabori-dori,
1776 and 3103 Nishi-ku:1,
(Tosabori) 1
Technical Dept.—N. Ichioka T. Qeda, branch manager
Navigation
Local TrafficDept.—H.
Dept.—O.Hinokuma Kobe—Yamaguchi
Matsumoto Sakayecho; Teleph.Building, 2-chome,
282 (Sannomiya)- |j
H. K. Higashi, branch manager
“Trans-Pacific, The”—18, Yamashita- Fukuoka — TaiheiHakata:
Kamigofukucho, Building; 35,.
Teleph. |
cho,
2330; Kyobashi-ku;
Tel. Ad: Telephs. 1571 and
Transpacif 2299
B. W. Fleisher, editor and publisher T. Kurita, branch manager
Truscon
Main Steel andCo.Factory:
Office of Japan, Ltd.— Union
Kawasaki;
Insurance Society of Canton,,
Ltd. —3, of Telephs.
3, Mitsubishi Naka-dori,
j
Teleph. 136 (Kawasaki); Tel. Ad: Truscon Yuraku-cho;
Tel. Ad: Union 5256 and7101(Ote); ]
F. N. Shea, president F. S. Boyes, branch manager
R. F. Moss, vice president and
W.managing
W. Stevens,director
assistant manager United States Steel Products Co.—
B.S. Takahashi, salesaccountant
E. Chamberlin, manager Yusen(Ushigome);
6186 Building,., Marunouchi; Teleph.
Central P.O. Box 11;
J.T. Conrad,
Okobu, manager, order dept.
do., engineering do. Tel.Edmond
Ad: Steelmaker
D. Berton, manager
TOKYO—YOKOHAMA 475.
Vacuum Oil Co. of New York -Tokio Yorkshire Insurance Co., Lid.—Kata-
Kaijo Building, 1, Yeiraku-cho, Itchome, kura
shi-ku;
Building, 8, Tatami-cho, Kyoba-
Teleph.
Kojimachi-ku; Tel. Ad: Vacuum
E. G. Sandler, manager Yorkshire; Code:1552 (Ginza); Til. Ad:
Bentley’s
C. E. Fox F. D. Charles, manager
C. R. Agar
YOKOHAMA
It isYokohama
situated onisthetheBay portof ofYokohama,
Tokyo and was bay
a small opened
on theto foreign
western trade
side ofin theJuly,Gulf1859,.
of
Yedo, in
ofby Honshiu, lat. 35
and anddeg.
is distant26 min. 11 sec. N., and long. 139 deg. 39 min. 20 sec., in the island
both steam electricabout 18 milesThefromsurrounding
railways. the capital,scenery
with which
is hillyit and
is connected
pleasing,
and on clear days the snow-crowned summit and graceful outlines of Fuji-san, a
volcanic mountain 12,370 feet high—celebrated in Japanese literature and depicted on
innumerable
distant. native isworks of art—is mostparts,
distinctly visible,part
though some 75 miles-
what wasThe townbefore
known, divided into two
the abolition the western
of extra-territoriality, as the being
foreignoccupied
settlement. by
Beyond the plain on which the town is built rises a sort of
“The Bluff, thickly dotted before the recent terrible visitation with handsome foreignsemi-circle of low hills called
villas and dwelling-houses in various styles of architecture, all standing in pretty
gardens
road called andthecommanding
Bund, on which charming stoodprospects.
many of Along the water-front
the principal business runs housesa goodand
hotels.the The
and UnionUnited Club was
Protestant locatedwere
Churches here.handsome
The English Episcopal,
edifices situatedtheon French
the Bluff,Catholic
where
there were also well laid-out public gardens. A fine cricket and recreation ground, a
racecourse and golf links are situated about two miles from the Settlement. A good
boating
containing cluba also existed,
theatre providing rooms,facilities for ofdeep-sea bathing.at The Public Hall,,
Hill, was opened in and 1885.assembly
The Prefecturalbuilt brick, situated
and Municipal Offices theweretopfineof Camp
brick
structures The
modious. on commanding
town is in tne sites.
enjoymentThe railway
of an station water
excellent was supply,
well-designed
large and com-
waterworks
having
cho) to beenTokyocompleted
(new station) in 1887. runsAnevery electric
twelvetrain servicecovering
minutes, from Yokohama
the distance(Sakuragi-
in 55
minutes. The harbour is exposed, but two breakwaters, of an aggregate length of
the anchorage, leaving an entrance 650 feet wide between these extremities. Excellentof
12,000 feet, have been built and are so projected as practically to enclose the whole
pier and wharf facilities exist, and, though practically entirely destroyed in the
earthquake and the
accommodating fire largest
of 1923, steamers,
they are now and all12 restored. There arefor4 large
mooring wharves berthsocean-going
at the pier
vessels,
Dock Company most ofhasthese threewharves
dry docks accommodating
of 631 ft., 489 vessels
ft., and of380any size. Thelength,
ft., docking Yokohama93 ft.,
67 ft., and 60 ft. width of entrance, and 28 ft., 21.5 ft. and 26 ft. of water on the blocks,
respectively, and a mooring basin of 600 ft. by 100 ft. by 25 ft.
In the very severe earthquake, which was followed by a huge conflagration, on
September 1st,and1923,believed
were close on 30,000 dead,people ai’e known to have perished. asAnother 3,550
total missing
casualties representingto benearly and 66,371
one-quarter were
of theofficially reportedThe
population. injured,
numbertheof
buildings destroyed was 70,000, out of a total of 93,000. The shipping in harbour was
placed in serious
and spreading overjeopardy
the water.by the blazing oil from the oil-tanks on shore running into
Census The Japanese
returns population
of that of Yokohama was about thatbutit422,942
is nowinabout
1920, according to the
was a great exodus as theyear. resultItof isthecomputed
earthquake, confidence is now380,000.
restoredThereand
there seems every reason
minence as the principal port of Japan. to expect that in time Yokohama will recover its former pro-
'76 YOKOHAMA
The foreign trade of the port
Yen 672,285,621 (of which raw and waste silkin 1924 was:—Imports,
represented YenYen 635,848,553,
610,098,734),and Exports,
as compared
with Imports, Yen 515,258,183, and Exports, Yen 668,611,627 in 1923.
•exportThetrade
foreign trade suffered
has already largely inevitable
recovered and dislocation
is showingaftera steady
the earthquake, but the
increase. Imports
received
normal a great stimulation owing to the need for reconstruction
trade.houses, butbutmany
material, the
Theimport
heavy business shows a slower
cost of rebuilding recovery
hampered thethan theofexport
return business
ofrebuilding.
these haveTheresumed businesshotels
foreign-style in premises
were alltemporarily
destroyed inerected pending permanent
the earthquake and hotel
accommodation
under is
consideration at
forpresent
the inadequate
erection of a to
large requirements.
modern hotel at A
a project
cost of is, however,
about one and
and
a half million yen. Permanent re-building is in progress, and with the widening
improvement
In the principal of the streetssections
business should allshownewconsiderable
permanent activity
buildingduring
must bethefireproof.
next year.A
hospital
September, and1925,
a school
whilehaveplans
beenforbuilt
the by the foreign
re-building community
of the YokohamaandUnited
were opened
Club atina
■cost of half a million yen are under consideration.
DIRECTORY
(For Government Departments see under G.) Agencies
Admiral Oriental Line—42, Yamashita- China Navigation Co., Ld.
cho; Teleph. 237; Tel. Ad: Admiraline Ocean Steamship
China Mutual Co.,Nav.
Steam Ld. Co., Ld.
American Trading Canadian Govt. Merchant Marine, Ld.
cho;
28; Tel.Telephs. 566 Co.—255,
Ad: Amtraco. and 2123; Yamashita-
Head P.O.
OfficeBox
for
Taikoo Sugar Refining Co., Ld.
Taikoo Dockyd.&Eng’ng.Co.of H’kong
Japan: Tokyo
H.J.Hall, mgr., traffic & shipping depts. Cabeldu & Co.—See under Kobe
Takaji
Agencies Canadian Pacific Railway Co., Traffic
Frank Agents for Canadian Pacific Steamships,
Prince Waterhouse
Line, Ld. & Co., Seattle Ltd., and Agents for Dominion Express
L’pool., London and Globe Ins. Co., Ld. Co.—1,
South British Insurance Co., Ld. Box 201;BundTel.(Corner);
Gacanpac Ad: Teleph. 232; P.O.
Citamprag and
Home Insurance Co. of New York Freight and Operating Dept.—Tel.
.Amsterdam
—72, MainUnderwriters
Street; Teleph.Association
682; Tel. Ad: Citamprag
Ad: Hood M.
J. H.FitzGerald,
Nancollis,general
agent agent
R. J. Carroll, agent G. A. Watt,
M.K.J. Yada, assistant
Nozaki,assistant
Shimidzu agent
Geo. Hood, signs per pro.
Bell, Harold, Taylor, Bird & Co., Char- T.T. Hasumi,
Tsuchiya, do.
do.
tered Accountants—See under Tokyo
Young
Passenger Bun,
Dept. cashier
Berrick & Co., Ltd., Importers and A. M, Parker, gen. agt. pass. dept.
Exporters—199, Yamashita-cho; P.O. B.F.G.A.Ryan,
BoxB. 199
R. Berrick, director Yezinapassenger agent
M. Mendelson, do. N. Matsui | I. Koshimidzu
B. Deveson | O. Yuyama
Butterfield
also under Kobe& Swire, Merchants—S'ee Chartered and China—179,Bank ofYamasmta-cho;
India, Australia
Tel.
H.C.W.Saines
Kent, signs Ad: Younker
I E.perJ. pro.
Dowley C. J.H.H.Owen, manager
Kortright
J. T. Towns I Miss Clarke A. Reid | G. P. Cooke
YOKOHAMA 477'
J HUHURCHES Agencies
Oi Christ Church—234, Bluff Lloyd’s
Ben Line Steamers, Ld.
Chaplain-Rev. C. H. N. Hodges London Assurance
1£| Mission Catholique—44, Bluff; Teleph. Norwich
Royal Union Fire Insce.Ld. Society, Ld.
4937
L’Abbe C. Lemoine Union Insurance
Assurance Co.,Society
L’Abbe Caloin, Wakabacho TheUnderwriters
Salvage Association,
of New York,Board etc. of
dCONSULATES
I Denmark—See Danish Legation, Japan Curnow Importers, & Co.,Wholesale
Ltd., J., Wine and Spirit
Grocers, Ship
1 section Chandlers—Teleph. 3189; P.O. Box 82;
l ' France— Tel. Ad: Curnow; Code: Bentley’s
Consul—Ymeric de Beliefon Deydier, Barmont & Co., Raw Silk—9
Vice-Consul—P. Depeyre
1 nterpreter—B. Foudier Bund,
silk Yamashita-cho; Tel. Ad: Madier-
i Germany—14, Nagatacho, 1-chome, Madier Freres & Co., agents
Kojimachi-ku,
Japan section See German Embassy, Dodwell & Co., Ltd., Steamship, Coal-
! Great Teleph. 27; P.O. ing
401Britain—172;Hamilton
BoxConsul-Gen.—E. Dept.:and2b,Building,
Insurance
Yamashita-cho. Agents—Shipping
Main Office:
Holmes Chiyoda
D. Morison, acting
Kyobashi-ku,
manager
Tokyo
Vice-Consul F. C. Greatrex J. P. Barnett
I Clerical Officer—W.
Medical Taylor Agents for
StewartAttendant— Dr. Grahame DodwellLine
Barber LineofofSteamers
Steamers from
to NewN.Y. York
Shipping Clerk—W. T. Johns Dodwell-Castle Line from New York
Andrew Weir & Co’s. Steamers
I Italy—26, Settlement American and Oriental Line to and
from New York
I Netherlands—25, Yamashita-cho East AsiaticAfrica
Norwegian, Co., Ld.,
andofAustralia
Copenhagen Line
Vice-Consul—M. S. Wiersum Natal Line of Steamers
I Norway—255, Yamashita-cho; Telephs. Watts,
Yorkshire Watts & Co’s.
Insurance Line
Co.,ofLd.
Steamers
(Fire,
566Consul—Herbert
and 2123; P.O. Box Marine and Accident)
Hall28 Union Assurance
Alliance Assurance Society,Ld.Ld.(Fire)
(Fire)
Portugal—195, Yamashita-cho Caledonian Ins. Co. Co.,
(Fire and Marine)
Standard
Settling LifeforAssurance Co.
Agents
Switzerland—Consulate-General Providence Washington Insurance Co.
Swiss Legation (Tokyo) in charge Hull Underwriters’ Association, Ld.
United States of America— 234, Yama- Century
North Insurance
British and Co.
Mercantile Ins. Co.
shita-cho; Teleph. 115 Mercantile Insurance Co.ofofNew
America
Cornes
shita-cho; & Co., Merchants—167,
Telephs. 374, 886 and Yama-
887; Tel. Pennsylvania Fire Insurance Co. York
Commonwealth Ins. Co.
Ad:A. Cornes Fine
OceanArtMarine
and General
Insurance Ins.Co.,
Co.,Ld.Ld.
A. J.L. Cornes (London)
Manley (Yokohama) Victory Insurance Corporation
P.J. L.Cornes
Spence(London)
(Kobe) SoleUlster
AgentsMarine
for Insurance Co., Ld.
V. A. Gunther do. Underwood
Pacific Typewriter
Ammonia Co., Inc.Co.
and Chemical
E.F. J.M.H.Carlson
Stone Amalgamated Photographic Mfg., Ld.
J.G. Philipsen A.British
& F. Pears, Ld. Composition
Neville I| H. H. E.F. Punnett
Vincent Paint Anti-fouling
Co., Ld. and
•478 YOKOHAMA
Dollar Steamship Line—42, Yamashita- Silk Japanese
Conditioning House, Imperial
cho; Teleph. 237; Tel. Ad: Dollar; Codes: Director—Haga, Gonshiro
Bentley’s Universal Trade Higo, Toshihiko
Eastern Agencies Co., Ltd., Manu- Kitao Fritz Yokita
Hirabayashi
facturers’ Representatives — 803,
jinguyama, Kitagata; Tel. Ad: Eastaco; Dai- Kano Katsuzo
Codes: Swifts,
Bentley’s, Libby.Union
McNeill and Hattori Hachisaburo
Libby, Western 5-letters
C. T.T.Takazawa
Mayes, managing director
| Mrs. Crane Yokohama Chiho Saibansho (District
Miss Schwabe | C. Vessels Court)—Yokohama
President—Kotan Koyen Yokoyama
Chief of Division (Criminal)—
Eachtmann, R., Estate and General Agent ChiefSotaroof Miyauchi
Division (Civil) —
—1400, Nakamura-machi,
Teleph. 4276; Yaxnata-cho;
Tel Ad: Factman; Codes: Preliminary Judges—Asaji Hosoya,
A.B.C, 5th edn. and Bentley’s Motokichi
K. Inui Sato, S. Nakazato and
Findlay, Richardson & Co., Ltd., Judges—S.
K. Sakai, S. Hamada,S. Y.Matsuoka,
Nakjima, Yamagu-
Merchants—See under Tokyo chi, E. Nishimura, K. Tokuda, E.
Fulton & Co., Ltd., Robert, Exporters and Ishii,
M. B.K ubota, C. Kozaka and
Yoshida
Importers—273,
3089; RO. Fulton, Yamashita-cho;
Box 251; Tel. Ad: Fulton Teleph. Chief Procurator—Mikiye Komori
Robert partner Procurators — S. Nishimura, Y.
C. Zeeman, do. Hiyama, Y. Mitsui and K.
T. Ishikawa | K. Tsutsumi Sakamati
■General
Raw and Silk WasteImporting Co., Inc.— Yokohama
Silk Exporters—90c; —Yokohama Koyen
Ku Saibansho (Local Court)
Teleph. 512; P.O. Box 49; Tel. Ad: Supt.
Judges—T. - Satoru Miwa K. Watanabe,
Nakajima,
Genralsilk T.T. Wakayama, Y. Ito,
H.F.A.Pyne
Mereness, | signs per pro.
N. Akiyama Saiki, M. Masui andY.Y. Ito
Inouye,
Public
(senior), T. Ohata, N. Shita,Hojo
Procurators—Isogoro Y.
•GOVERNMENT
section) DEPTS. {See also Japan Uchida, S. Nakane, S. Kojima, I.
lijima, S. Sato and Y. Kayama
Customs—Imperial
Director— Komuchi Tsunetaka Helm, Brothers, Ltd., Stevedores, Land-
Inspecting Dept. Director—lida ing ment;andTeleph. Shipping Agents—48,
242; P.O. Box 116;Settle-
Tel.
Kusuo
Chief of Entry Dept.— Nakamura Ad: Helm; Codes: Bentley’s and Scott’s
Kojiro 10th edn.
Chief Acct.—Fukutake Takezo F. N. Shea, chairman director
Chief Appraiser—Takeda Yeikichi C.H. J.Carew,
Helm,director
managing director
Appraisers—Higano
Hachiro Yoshio, Ito W. Gauge, director (Kobe)
J. T. Helm, do. do.
Harbour Office (Yokohama Zeikwan C. Helm,
J. L.F. Gold manager
Helm,finger
secretary
Komubu)—Kaigan-dori
Liphthouse Bureau—Telephs. 28 & 540 R.R. Wolf
Pohl I Jas.
G. Sutow
Director—Aizen
Gen. Affairs Sec.—M. NozoeHattori,
(Honkyoku)chief M. R.Bornhold
A. Hanson I|I S.N. Ahrens
Miura
Nishiwaki
Engineering Sec. — G. Ishikawa,
chief: F. Morita, engineer
Accounts Section—G. Bessho, chief Hongkong and Shanghai Banking Cor-
Lighthouse Tender
K. Takenaka, RashuS. Mizogu-
captain; Maru— poration—2, Water Street
chi, chief engineer M.S.B.A.Mathews
Gray | L. A. Bullard
YOKOHAMA 47a-
Hoffimann & Co., Import and Export Jewett & Bent, Mercliants—264; P.O. Box.
Merchants, Shipping—43, Yamashita- 181;J. Tel. Ad: Jewett
H. Jewett (New York)
|' Ad:
cho; Stinavigar
Teleph. 2807: P.O. Box 21; Tel.
and Refardt J. H. Jewett, jr. do.
F. Frisch, partner J. Kern, signs per pro.
Agency
O.C.Refardt, do. per pro.
Nitze, signs Hongkong Fire Insurance Co., Ld.
Agency
Hugo Stinnes Linien Lloyd’s Register of Shipping—Russo
Hood, AsiaticTeleph. Bank3223; Building, 51b, 48;
Yamashita-
porterGeo., Commission Merchant.
and Exporter—72; Tel. Ad: HoodIm- cho;
Register P.O. Box Tel. Ad:
Geo.
Agencies Hood R. O. Batchelor
Phoenix Assurance Co., Ld. (Fire and J. Crichton
Marine)
Sun Life Assurance Co. of Canada Mackinnon, Mackenzie & Co. (Japan),.
!
Ltd.—1c,
P.O. Box 20 Yamashita-cho; Teleph. 530;
International Banking
74, Yamashita-cho; Telephs. 453 andCorporation- H. E. Standage, o.b.e., manager
3330;
D. F.P.O.Waugh,
Box 299; Ad: Statesbank AgentsC. A. L. Rickett, assistant
Tel.agent
acting
C.E. F.B. Thomas, P.B. ctI. O.S. N.S. N.Co.;Co.;Tel.Tel.
Ad:Ad: Peninsular
House, sub-accountant
do. B. I. S. N. Co. (Apcar Line)
Mackinnons
Japan Advertiser, The—Russo Asiatic E. & A. S.S. Co., Ld.: Tel. Ad.-Pertarna
Bank Building, 51b, Yamashita-cho; Marine Insurance
Federal Insurance Co., Co., Ld.
Ld.
I Teleph. 265 The Sea Insurance Co., Ld.Co.
Japan Import and Export Commission Hartford Fire Insurance
, Co.—252; Teleph. 1820; Tel. Ad: Marine and General Mutual Life
T Commission Insurance Society
B. Guggenheim (New York) Madier, Ribet & Cie., Raw Silk Ex-
E. Jordan, signs per pro. porters—9, Bund, Y amastnta-cho; Teleph.
Japan Paper Co.—255, Yamashita-cho; 1144; Bentley’sTel.andAd: PrivateMadiersilk; Codes:
Telephs.
Ad: Japapco 566 and 2123; P.O. Box 28; Tel. A. L. Merie, manager
Herbert Hall, manager M. Begin | G. Gilbert
M. Matsumoto, chief clerk Manufacturers’ T Life Insurance Co., The
’ Japan Tourist Bureau, Organised in 1912 —73f, T. F.C.YSchoene
amashita-cho
Maitland, manager
j| Railways,
with the co-operation of Government
other Railway and Steamship | T. for Japan
Murakami
j AffordsCompanies, Prominent Hotels, Firms,
special facilities to Station; etc.
foreign Messageries Maritimes, Compagnie des—
tourists
Teleph. 1440 gratis—Sakuragi-cho
(Honkyoku, L.D.). 9,261:Bund; Teleph. 552 (L.D.); P.O. Box
Head Office: Tokyo Tel. Ad: Messagerie
Branch Offices: Dairen, Chosen, Taipeh M. Brodbecker, agent
Ticket and Kobe,
InquiryNagasaki
Offices: and
Tokyo, Yo- T. Nishikawa
kohama, Peking R. Iwasawa | R. Ogino
Inquiry Offices: Shimonoseki, etc.
Agencies
throughout : Principal
the World ports and cities Mitsui
Exporters, BussanCommission
Kaisha, Importers and
Merchants,
Steamship
Jardine, Matheson&Co., Ltd., Merchants Yamashita-cho; Telephs. 122-123; Tel. and Insurance Agents—177,
—P.O.
R.M.G. BoxBell 286 ; Tel. Ad : Jardine Ad:J. Mitsui
Inouye, manager
Yiel K. Okayama, assist, manager
P.M.
Shipping, Chatagnon | H.DonkerCurtius C. Ohnuki, do.
Co., Ld. Sub-agents—F. Owston & Agency E. Nishioka
Insurance Agencies—See under Kobe Taisho Marine and Fire Insce. Co., Ld.
-480 YOKOHAMA
Nabholz & Co., Merchants—95; Teleph. PlLA & Co., Raw Silk Exporters—9»
Yamashita-cho;
637;H. Tel. Ad: Nabholz
U. Nabholz (Zurich) A.B.C. 5th edn.,Tel.Impr., Ad: Lieber’s
Pila; Codes:
and
K. T.Stadelmann, manager Bentley’s
Rau, signs per pro. G. Baret, manager
Ch. Geiger | G. T. Hau sheer Russo-Asiatic Bank — 51b; Tel. Ad;
Sub-agenU
Northern Assurance Co., Ld. Sinorusse
Y.K.J. Hisamatsu
Lugebil, agent| Y. Suwa
'Nippon
tion—NegishiRace Club Golfing Associa-
Committee—A. E. Pearson (captain), Sale h Frazar, Ltd.,
and Shipping—167, Export, Import
Yamashita-cho; P.O.
D. McRae (secretary),
(treasurer), R. BoulterJ. (exT. Towns
officio Box 405; Tel. Ad: Frazar; Codes: Scott’s
adviser), D. L. Abbey, E. A. Dahlin, 10th edn., Bentley’s Phrase Code, Acme
M. Fitzgerald, H. N. Kent and W. Export Department
O. L. Wertheimber
L. Thomson H. R.Department
Fachtman | Miss M. Masson
Nippon Yusen Kaisha(Branch Office)— Import
14, Kaigan-dori, Sanchome; Tel. Ad: T. Takekawa,
Shipping and Insurance in charge Department
Yusen; Code: Bentley’s H. forF. Palmer, manager
T. T.Ishizawa, manager
Yamamoto, sub-manager Agents
J. Andoh, do. Ellerman and
American & Bucknall
Manchurian S.S.Line
Co.,East-
Ld. ?
T.K. Watanabe,
Sakamoto, sub-supt.
supt. of ships
of ships wards Gulf
Atlantic and Westwards
and Far East Line
S.A. Ichikawa, do.
Shiojima, supt. of ship’s surgeons Isthmian Setamship Lines
A. Mitzukawa, supt. of ship’s clerks “ Ellerman
Bank Line,” Ld.
Line(Indian-African
(European Service)and
Agents
Kinkai forYusen Kaisha Oriental-African Lines)
Chosen Yusen Kaisha New Zealand Insurance Co., Ld. (Fire
and Marine)
North China Insurance Co., Ltd.—P.O. Royal
Marine) Exchange Assurance (Fire and
Box 208; Tel. Ad: Mandarin
C. Bewley Bird, acting manager
Norwich Union Fire Insurance Society, Samuel Exporters,Samuel & Co., Ltd.,
Insurance and Importers,!
Steamship
Ltd.—Mitsubishi
chome, 12
Kojimachi-ku, kan,
Tokyo Yaesucho 1- Agents — P.O. Box 273; Tel. Ad :.!
F. P. Pratt, manager for Japan Orgomanes
F. 0. Howard | J. K. Brown Siber, Hegner & Co.—90a, Yamashita-
Oriental Palace Hotel—11, Bund; Tel. cho; SilkiteP.O. Box 410; Tel. Ad: Siber and
Ad: Oriental R. Hegner (Zurich)
Owston «fe Co., Ltd., F., Stevedores, Land- Ed. Bosshart
F. Ehrismann
ing Agents and Customs Brokers—1, E. Baumgartner (Kobe)
Yamashita-cho;
Owston Teleph. 522; Tel. Ad: E. Deuber do.
C.E. Heseltine, managing director Dr.
H. R. Stunzi
Treichler do.
(Zurich)
Loftus, manager (absent)
L. G. Hill, assist, manager H. Zurrer do.
Agencies J.H. E.J. Merger,
Huber, signs do.per pro. (Tokyo)
Jardine,
Glen Line Matheson & Co., Ld. H. Aebli I H. Yaterlaus
Indo-China H. Habersaat | E. Wipf
Hongkong Fire Insurance Co., Ld. Standard Oil Co. of New York—Tel.
Pearson, Mackie, Atwell & Co., Char- Ad:J. Socony
tered and
—34 Accountants
35, WaterandStreet;
Public Tel.
Auditors G.S. Blair
Ad: At Tsurumi—
Walker
Finance
F. T. Gade J. S. Walker
R. K. Hendjrsm | G. Blair
YOKOHAMA 48!
Singleton, Benda & Co., Ltd., Import M. S. Wiersum, managing-director
and I.K.Hirai,
F. Wiersum,director
cho; Export
Teleph. Merchants—96, Yamashita-
1409; P.O. Box 63; Tel. Ad: do.
Singleton;Union
Western Codes: A.B.C. 5th, Bentley’s, AgenciesJava-China-Japan Line Maatschappij
Koninklijke Paketvaart
C.C.Williamson Milne, ch’man.
Benda, managing director (L’don.)
do. Stoomvaart Maatschappij “Nederland”
G. N. Brockurst, manager Rotterdamsche
Holland-East AsiaLloyd
Line Co.
C. E. Emery The Netherlands Insurance
Stanton & Co., Stock, Share, Insurance Yangtsze Insurance Association, Ltd.—
and General Commission Agents—24, 75d, Main Street; Teleph. 221 ; P.O. Box
Yamashita-cho;
Cyprian Teleph. 4009; Tel. Ad: 233; Tel. Ad: Yangtsze; Code: Bentley’s.
Cyprian Stanton Kobe Office: c/o 52, Harima-machi,
Ar/encies Kobe
Manufacturers’ Life Insurance Co.
Yorkshire Insurance Co., Ld. Yokohama
Chemists Dispensary
and Druggists, (Goshi Kaisha),
Aerated.
Stevens, Captain A. G., Sworn Measurer Waters—156 M. Komatsu, managing director
and Weigher Japan Homeward
Conference—West Gate Customs Com- Freight Y. Komatsu, partner
pound; Teleph. 1242; Tel. Ad: Stevens S. Komatsu I K. Yamakiwa
G. Fukasawa | K. Kota
Straitler & Co., F., Raw Silk Exporters— Yokohama Drayage Co. —98 {See Helm
94, Yamashita-cho; P.O. Box 38; Tel. Ad: Bros, Ld.)
Strahler
F. Strahler
W. O. Strahler (New York) Yokohama Nursery Co., Ltd., Exporters
C. Lips ofNakamura,
Lily Bulbs,
Bluff;Plants,
Teleph.Seeds, etc.—21,.
172; Tel. Ad :
Strome & Co., Ltd., Import and Export Uyekigumi H. Suzuki, president
Merchants,
i and
Chip and Leaf Tobacco,
Hempetc.—35, Silk,
Braids, Produce, Straw,
Metals S. Tokuda, director
Curios, Yamashita-cho:
P.O. Box 231; Tel. Ad: Strome; Codes: G.R.S. Suzuki,
Tanabe, do.
Yamaguchi,
do.
do.
A.B.C. 5th and 6th improved, Al,
Western Union, Lieber’s, Bentley’s and Yokohama Specie Bank, Ltd.
Private
O. Strome, managing director Kenji Kodama, president
Reitaro
T. Okubo,Ichinomiya,
manager vice-president
Suxzer, Rudolph
cho;E. Tel. Ad: & Co.—254,
Sulzersilk Yamashita-
Rudolph (Zurich) K. Nishi, sub-manager
O. Kobno, do.
C.P. Nipkow,
Sulzer signsdo.per pro. R. Okawara, per pro. manager
W. Naegeli j A. Kobelt S. Takagi
S. Fujiki | S. Kuribara
Tovo Risen Kaisha (The Oriental Steam- Zellweger & Co., Ltd., E., Raw Silk
ship Co.)—Kaigan-dori Merchants—90b:
A. Brunner (Basle) Teleph. 647
Union
Ltd.—75b;Insurance Society of Canton,
Teleph. 857; P.O. Box 208; S. Stachelin do.
Tel. Ad : Union J.H. Plattner (Zurich)
A. Meriness, signs per pro.
C. Bewley Bird, acting branch mgr. Zemma Works, Ltd., Manufacturers of
Vacuum Oil Co. of New Y'ork City—852, Machine Tools and Woodworking
Minami Yoshida-machi Machinery, Steam Engines, Steam and
Hot Water Boilers—Isogo-mura,
Wiersum & Co., Ltd., M. S., Importers, Yokohama;Teleph. 2013;Tel. Ad:Zemma near
Exporters, Yamashita-cho;
Agents—25, Steamship andTeleph.
Insurance
352; H.
F. E. Metcalf,
G. Britton, managing director
manager
P.O. Box 53; Tel. Ad: Wiersum T. W. Chisholm | 500 Japanese
HAKODATE
This, the most northerly of the old treaty ports of Japan, is situated in the south of
inYezo, in the41Straits
latitude
harbour is nearly 47ofmin.
Tsugaru,
deg.land-locked. 8 sec.Thewhich
K, and divide that island
townlongitude
from min.
clusters at140thedeg.foot45and
Honshiu. TheE., ofport
on34thesec.slope and lies
the
a bold
rock known to foreigners as Hakodate Head, about 1,000
a fortified area to which the public are not admitted. The surrounding country is feet in height, which is within
hilly, volcanic, and striking, but the town itself possesses few attractions. There are
some
ing Museum.Public Gardens at the eastern
Waterworks end of the
for supplying thetown
townwithwhichpurecontain
watera were
smallcompleted
but interest-in
1889.
(but The climate of Hakodate is healthy and bracing. The hottest month is itAugust,
timesthesinks thermometer
to 10 degreesthere Fahr.
rarely orrisesevenabove
less,90thedegrees
minimum Fahr.;
in aninaverage
the winter winter some-
being
degrees. The population of Hakodate has been increasing rapidly for many years and48
about 12 degrees Fahr. The mean temperature throughout the year is about
is now (1924) 161,115.
few The foreign
mainlytrade of the
to theportdevelopment
is small, butofhasthebeenKamtschatka
steadily growing during the last
whichyears,
;36,963,722 Hakodate owing
and the isexports
the principal entrepot. The
Yen 32,050,504. (Thesevaluefigures
of theinclude salmon
imports in 1924
the
fisheries,
fishingwastrade
for
Yen
with Asiatic Russia.) The agricultural resources of Yezo have been considerably
• developed.
Beans, peas Theandandrich
timberpasture lands are well
are exported, andtheadapted
sugar isfor breedingfrom
produced cattlesugar
and horses.
beets.
In
however, the chief exports of the future from Hakodate are to be looked for. seas,
the valuable extensive fisheries on coast and in the surrounding In-
creasing
The mineral quantities
resources of ofdriedYezofishareandlarge.
seaweedTheareoutput
exported annually,
of coal in 1924mostlywas to5,192,791
China.
tons, sulphur 20,610 tons, manganese 288,499 tons, and small quantities of gold, silver,
and copperfor are
Washing goldproduced.
dust has been Timber was exported
carried on in Kitami,in 1924andto thethe value
beliefofis4,783,965
entertained yen.
that withMagnetic
^profit. proper ironmachinery the gold mines
is also obtained. of Hokkaido
The kerosene wealth mayofbethisworkeddistrictwith fair
is said
to be considerable, but none of the borings has so far given a high yield. At
Nukimi-Mura
long ago, and onhaveSoya beenStrait—in
worked bythehand extreme
for some north—oil
years. wellsThe oil,werein discovered
fact, over-
flows
sea is into the sea,
rendered and inbystormy
smooth the weather
oil. Oil boatsexists
also takeatrefuge at Nukimi-Mura,
Nigori-Kawa, near as the
Hakodate;
at(output
Kayamagori, near Shiribeshi; at Itaibetsu, on
800 gallons per day); at Kotamimura and Tsukisama Mura (Imperial a tributary of the Urin River
property), near Sapporo; and near Abashiri, where the wells are considered rich.
and Hakodate
Hakodate is reached
there is a veryinallgood
24 hours from Tokyo, viamaintained
Aomori, between which place
Railways. From Hakodate thesteamship
principal service,
points in Yezo canbynowthebeGovernment reached by
rail,
Karafuto and there is also a Government Railway steamship service to Odomari, in
completed in 1900, and a patent slip capable of taking vessels up to 1,500 tons were
(Japanese Saghalien). The Hakodate Harbour Improvement Works was
also
ordinaryfinished.
spring There is a dryhighest
tides,in and dockspring
to accommodate ships up to of10,000 tons theat
largest battleships the atJapanese Navy. tides the dock
At Otaru is capable
a massive receiving
breakwater, about
3,500 feet long, has been constructed.
In August, 1907, half the city of Hakodate was destroyed by a fire. The number
ofabouthouses
60,000destroyed in the conflagration
persons homeless. All the foreignwas ascertained
residents withto the be exception
8,977, rendering of the
American
estimated Consular
at not Agent
less than were burnt
50,000,000 out,
yen. saving
Another nothing,
severe and the
conflagrationtotaloccurred
loss wasin
,a.April, 1921, when
municipal subsidysome 2,000 houses
is granted were destroyed.
to encourage building Awith scheme is nowmaterials.
fireproof in force by which
HAKODATE-OSAKA
DIRECTORY
Banks Hakodate Post Office
Daisan
Daiichi Ginko,
Ginko, Ltd.
Ltd. Direotor—H. Sasaki
Hakodate Chochiku Ginko, Ltd. Howell & Co., Importers, Exporters,
Hokkaido Takushoku Ginko Insurance and Steamship
Hyakujusan
Nippon GinkoGinko, Ltd. Nakahama-machi; Teleph.Agents
2319; —Tel.
15,
Ad:F. J.Howell
Howard
€hihoPresident—M.
Saibansho Kimura
(District Court) T. Ito
Chief Procurator—H. Kawada Agencies
Board of Underwriters, New York
Consulate—Great Mutual Steamship Assurance Associa-
machi; Teleph. 968Britain—68, Kaisho- tion, Vidar,
Admiral Drammen
Oriental Line
Vice-Consul—H. A. Macrae, m.a.,
Shipping Clerk—Hatanaka Shotaro m.b.e. Dollar Steamship Line
Customs, Imperial—9, Nakahama-cho;
Telephs. 80, 120, 175, 391 and 1644 Municipality of Hakodate
Hakodate CityOfpice—Toyoka wa-machi; Sale & Frazar, Ltd.—15, Takasago-cho;
Telephs.
Mayor—K.3200,Sato
3202 and 299 Teleph. 1495; Tel. Ad: Frazar
Vice-mayor—H. Goto C. Sakai
Treasurer—M. Matsuo OTARU
Hakodate Dock Co.—88, Benten-machi Howell Insurance
and Steamship Agents —
Hakodate Ku Saibansho (Local Court) Hokaido Takushoko
S. Ochiai Teleph. 2168; Tel. Ad: GincoHowellBuilding;
OSAKA
largeOwing
Japan number to the inclusion districts
of suburban
in size, with
within the
an estimated population andcity limits,Osaka
villages,
of rather
as from nowApril
moreis than the 1st, 1925,cityof ina
largest
2,000,000. In com-
mercialyears
recent and industrial
the city hasimportance
been rapidly it also ranks first
assuming in theand
a modern Japanese
WesternEmpire.
aspect. During
Broad
•wood-paved streets intersect it in all directions, large buildings of the sky-scraper
are springing up throughout the business centre, and motor traffic is increasing rapidly. type
The city is situated in the province of Settsu and is built on
mouth of the river Aji. From the point of view of the foreign tourist, the most the banks and at the
interesting and imposing sight is Osaka Castle, erected in 1583 by the famous warrior
ToyotomiandHideyoshi.
grander Though
more striking edifice,lessandextensive
is, indeed,thannextthatto that
of Tokyo, it isthea much
of Nagoya, finest
■egarrison,
xample ofandthe forms
ancientthefeudal castles of ofJapan.
headquarters one Itthe
of is now
18 occupied
great By thedistricts.
military Osaka
It has also within its enclosure an extensive military arsenal. Osaka, like Tokyo and
Kyoto, is the industries,
•of capital of the Prefecture to which themills,city gives its name. yards,Itiron-works
is the seat
andnumerous including
sugar refineries. Cotton-spinning cotton-spinning
and weaving are shipbuilding
the most important industries
484 OSAKA
and
ofhands.there
factories are a large number of big mills in thewascity19,507,
and neighbourhood.
employing a totalTheof number
114,190-'
TheofImperial
all kindsMint
in the
also city in 1923
is established here.
at10,000Extensive
present harbour available
improvements fivehave beenofin 5,000
progress for a tons,
number of years, and
tonswharfage
or 29 feetisdraught canforenter vessels
the to 6,000
port. A considerable sum ofwhile
moneyvessels
is stillof;
towillbebeexpended on thealongside
able to come harbour,theon the completion
wharves, whileofaswhichmanyeightas 50vessels
or 60of of10,000 tons !
the same-i
size will be provided with berthing
aggregate tonnage of 4,533,314 tons entered the port.space at buoys. In 1924, 1,812 ships with an
in 1924 were valued at Yen 272,753,565 and exports at Yen 402,579,931, as compared},
The trade statistics of Osaka since the war have shown great growth. Imports
with
returns,Yenhowever,
177,275,161
do notandafford
Yen a206,769,996,
reliable index respectively,
of the foreign in 1923.
trade,Thea great
Osakaparttrade;
of!
whichInpasses through the Kobe customs.
1909 a third of the city was destroyed by fire, the total damage being !
estimated at Yen 25,000,000. A much better class of house has taken the place of"
those destroyed, and the thoroughfares have been widened.
DIRECTORY _
Aall & Co.—150, Nakanoshima, 5-chome J. H. Dowling, manager
Kita-ku; Teleph.
Box 80 (Central) 2389 (Tosabori); P.O. C. H. Thorn
B. H.Owrum-Andresen, manager Branches
sonocho,—4-chome,
Nagoya: Nishiku;
12, Shimon-j
Teleph- j
Nyhuus 2696 (Honkyoku). Kyoto: Yanagin- '
obamba, Nishi-iru
Okayama: Homachi, 2-chome^ Shijo-dori.
Allen, Sons & Co.,Ltd., W. H., Mechanical Teleph. 638 (Okaya). Hakata: 12,
and Electrical Engineers
land)—Nomura Building,(Bedford,
Kitahama,Eng-2- Shimookudocho; Teleph. 118T;
chome, Higashi-ku; Teleph. 1535 (Nishi); (F ukuoka)
Tel. Ad: Manifesto
Andrews & George Co., Machinery, Bank of Chosen—18, Imabashi, 5-cho
Higashi-ku; Tel. Ad: Chosenbank ,
Scientific
—18, 3-chome, and Engineering
Yedobori, Departments
Minami-dori, Bank of Taiwan, Ltd.—22, Kitahama, 3-
Nishi-ku; Telephs. 1397 and 6191
(Tosabori); Tel. Ad: Yadzu. Head Office: chome, Higashi-ku; Tel. Ad: Taiwangink
Chiyoda Building, Tokyo T. H.Yosada, manager
Motohashi,
American Trading Co., Inc., Importers, Doi, persub-manager
Y.M. Okamoto, pro. do.
manager
Exporters, Engineers, Shipping and H. Yamamoto, do.
Insurance—Booms
Building,5911 1-chome, 416 and
Hama-dori, 417, Dojima
Kita-ku;
Telephs.
Box 8 (Central); to 5913 Tel.(Kita,
Ad: L.D.); P.O. Berrick & Co., Ltd.—Nomura Building;.
Amtraco;
Codes: A.B.C. 5th, A.B.C. 5th imp., Room 313, Kitahama Higashi-ku
Western Union,
Eclectic, Bentley’s5-letter edn. Schofiela’s Bishop Poole Girls’ School—Tsuruhashi-
W,W.Gauge, agent cho,MissChurch
K. Missionary
Tristram, b.a. Society
Hirzel, sub-agent
E.W. J.W.Marshall, account Miss L. L. Shaw, b.a.
Baer Miss
Miss A.E. S.M.Williams,
Baker b.sc.
H. C. Kendall j H.
P.Y. Hiatt F. Obata
Funahashi Miss M. C. Baggs
-NationalSetoCash Register I H. Motomura
Dept.—65, Bohler Keitei Goshi Kaisha, Makers of
Bakurocho,
P.O. Box 8 2-chome,
(Central), Higashiku;
Telephs. Bolder Steel—Kita-ku, Dojima, Hama-
1155 and dori,
3914 (Semba) Tosabori4-chome 5; Teleph. 1278; Tel. Ad:
OSAKA 485
British Thomson, Houston & Co., Healing & Co., Ltd., L. J., Agents for Pro-
Ltd., Electrical Engineers
facturers—Telephs. Manu- minent
and (Kita);
5890 to 5899
Firms inNi-chome,
—1, Imabashi, Europe andHigashiAmerica
ku;
P.O. Box 24; Tel. Ad: Ingenetric Telephs.
Tel. Ad: 1093 and 1094 (L.D., Honkyoku)
Healing
W. H. Lovell, representative F. K.H.Yamasaki,
Clark, a.m.i.e.e., manager
sub-manager
■Cawasjee Pallanjee & Co., Merchants J. A. Sayer, engineer
and Commission Agents — 32, Nakano-
shima, Shichome; Teleph.2750 (Tosabori); Herbert, Ltd., Alfred, Machine Tool
Tel.K. Ad: Snipe manager Makers
J.M.R.Polishvala,
Guzder Building,and Importers—49,
Umeda, Kita-ku; Teleph. Premier
1152
(Honkyoku); Tel. Ad: Hexagon
China and Japan
Ltd., Importers, Trading Co., Horne
Machinery,
Co., Ltd., Agents for American
Tools and Supplies—36,
mission Agents—20,Exporters and Com-
Nakanoshima, Kawaguchi; Telephs.
7- 3461 (Nishi)
510, 1743, 2724 and
chome; Telephs. 639 and2174 (Tosabori)
Tel.Harry
Ad: Cejaytece and Palisade
De Gray, presdt. (New York) Hunter & Co., E. H. Telephs.
(Hanta-Shoten)—
F.Dr.A.L.Fairchild, vice-presdt. do. 12, Kawaguchi-cho; 325, 326,
Kerner, acting
S. Lamb I T. Miyake
manager (Central); Tel. Ad: HunterP.O. Box 32
1609 and 1064 (Nishi);
C.M. N.HikiNelson i Stonkanoff
J. L. Jones R.J.Hunter; Teleph.
Hartshorn, 401 (Nishi)
engineer (London)
H. A. Bastable, a,m.i.e.e., sign p.p.
OONSULATES International Banking Corporation—
Great 19, Imabashi, 2-chome;Tel. Telephs. 3605
Soze-cho,BritainKitaku;—Teleph.
Osaka 80 Building, and
bank
3069 (Honkyoku); Ad: States-
Consul—W. B. Cunningham
Clerical Officer—A. W. K. Taylor P. A.Davidson, manager
Belden, accountant
Norway—22, Nanina-machi (Kobe); O.G. H.
D. Brown
Barnes | J. I. Bonner
Teleph. 195 Y. K. Chan, compradore
Consul—B. Owrum-Andresen
International
Inc., Distributors General Electric
of General Co.,
Electric
Cooper & Co., Ltd., Importers—Japan Products, outside U.S.A.—Mitsui Bussan
Trust Bank Building, Imabashi Kaisha Building, 1, Koraibashi, 2-chome
F. D. Burrows, director C. T.C.E.Grinned,
G.W.C. A.Allcock, manager
Rawnsley Lynch representative
| Mrs. E. Hickey
Gartner & Co.,Building;
Machinery Importers— Kasai & Co., Ltd., General Importers,
215, Dojima Tel. 5389 (Kita); Exporters and Commission Merchants—
Tel. Ad: Gegartto to 6403 (L.D.); P.O. Box Telephs.
Dojima Building, Kita-ku; 6; Tel. 6401
Ad:
Kasaicompy. Branches: Tokyo, Kobe,
Gillbard, P. J., Manufacturers’ Agent— Dairen and
J.Y. Kasai, Otaru
G. Kasai, T.Ishihara, directors
Room
Gyllbardy 318, Dojima Building; Tel. Ad: Kawakita, M. Kasai, auditors
A.T. Watanabe
Kiuchi I T. Goto
GOVERNMENT OFFICES K. Masabayashi | T. Saiki
Imperial J. Harada | C. Kitai
NishikuCustoms—Sanj o- dori,4-chome, Leybold Shokwan, L., Engineers and
Municipal Office — Nakanoshima, Contractors—Edobori ku; Telephs. 1170 and Building, Nishi-
3660 (Tosabori);
Kita-ku; Telephs. 1, 2740, 5050 to 5056, Tel. Ad: Leyshokwan
5140 to 5146, 5200 to 5204, 5260 to 5264 S. Hiramatsu, manager
486 OSAKA
Meisei Gakko—16, Eisashi machi, Higa- Sale & Frazar, Ltd.—32 and 33, Kawagu-
chi; Telephs. 117, 779, 1009, 1535 and!
shi-ku (Sanadayama) 3717 (Nishi);
A. Deiber, director
J. Garcia | J. Koehl Tel.J. Ad: FrazarP.O. I G.BoxF. 40Arab(Central);
F. Drummond
J. Grote A. Ulrich E. V. Stevens | Miss P. W. Edwards
C. Imhoff I G. Yondersher Agency
Momoyama Chit Gakko—Kita Tanabe- New Zealand Ins. Co., Ld. (Fire k, Mar.)
machi,
Rev. Somiyoshiku
G. W. Rawlings, m.a., principal Standard Oil Co. of New York—Osaka
Rev. J. C. Mann, m.a., treasurer Godown Office : 55, 5-chome, Saiwaicho,
Nishiku ; Telephs.
L.D.) 1256 and 1358
Nara Hotel (Japanese Government Rail- (Sakuragawa, J. W. Moore, agent
ways)—Nara
166 (L.D.); Tel.Park : Telephs. 153 and
Ad: Hotel Sumitomo
Department, Goshi-Kaisha
Suppliers ofCopper
Copper,Sales
Bui- ;
New Zealand Insurance Co., Ltd. lion, Pyrite, Hollow Tiles and Machinery j
Sale & Frazar, Ld., agents for Osaka —Kitahama 5-chome; Telephs. 57, 4343, |
J. T.F. Ite
Drummond| ; Te'eph. 177 (Nishi) Tel.3870, 247, 248 and 4232 (Honkyoku);
Bentley’s, 1J
H. Takagi A.B.C.Ad:4thSumitsales; Codes:
and 5th edns., Lieber’s
Nippon Electric Co., Ltd., Manufacturers F. Tajima
and Importers of Electrical Apparatus Y. Motoma | K. Oka
and Machinery—16, Kitahama, Shih- Sun Insurance Office of London (Found- 1
chome, Higashi-ku. Head Office: 2, Mita ed
Shikoku Machi, Shiba, Tokyo 804,1710),
OsakaFire and Marine
Building; Insurance—
1 Sozecho, Kita-ku; 1i
Nippon Kinnori & Co., Ltd., Ex- Teleph. (Central); 257Tel.(Tosabori);
Ad: Sunfire P.O. Box 17 1
porters of Fuji Silks—Oye Building, A.Japan
W. L.(Tokyo)
Robertson, manager for 1
Kinugasa-cho; Tel. Ad: Niponkinu;
Codes: Bentley’s, A.B.C. 6th edn. W. R. Bull, assist, manager for Japan f
(Tokyo)
Osaka Chamber op Commerce—Dojima S. Tamura, manager .
Hama-dori,
36, 37,38 andNichome, Kita-ku; Telephs. Sun Life Assurance Co. of Canada—
437 (Tosabori)
President—Katsutaro Inabata Osaka District Agency: 1, Koraibashi, i
Vice-president—Heibei Mori Nichome;
(Honkyoku), Telephs. 1380 and 1480
Do. — Yakichi Ataka
Secretary— Matsuichiro Takayanagi also Tokyo 7190 (Furikae Koza). See
W.R.Araki,
Nemoto,chiefcashier
agent
Osaka Gas Co.—1, Nakanoshima, Kita-
ku; Telephs. 170 to 173, 670 to 673 Tata & Co., Ltd., R. D., Merchants and
(Honkyoku).
ku; Telephs. Works: 1!69 andIwasaki-cho, Nishi- Commission Agents —17, Kitahama,
1170 (Nishi). Sanchome;
Honkyoku);Telephs. Tel. Ad: 3980 to 3982 (L.D.,
Head )1
hana-ku; Telephs. 472 to 473 andKono-
Seimi Works: Kawakishi-cho, 3774 Office: Bombay.
Fraternity.
Branches: Rangoon,
(Tosabori).
C. Kishi,
Watanabe, Tel. Ad: Gas
president Shanghai, Kobe, Liverpool and New York i;
S.N. director B. B.M.R.Batki
Kataoka, vice pres, and treas.
H. Shimomura,
Maeda, director and secretary Agency Vakil | G. Yamamura I
K. director TheBombay,
New India IndiaAssurance Co., Ld., of ]
S. M.Toyama, do.
Matsugata, N. Momura and I. Texas Company, The—Mainichi
Shimizu, inspectors Dojima Kita-ku; Teleph. 4071Building,
(Kita);
Tel. Ad: Texaco
Osaka Shosen Kaisha (The Osaka Thirty-Fourth Bank (Sanjushi Ginko),
Mercantile SteamshipKita-ku;
Office: Tomijima-cho, Co., Ltd.)—Head
Tel.Ken- Ltd.—Koraibashi, Shichome; Telephs.
Ad: [ 330
Shosen; Codes: Al., A.B.C. 5th edn., to 334 (Honkyoku)
Agency
dall’s Fig., Scott’s 10th and Bentley’s H’kbng. & S’hai. Banking Corporation
OSAKA—KYOTO 487
Tokyo Marine and Fire Insurance Co., Vacuum Oil Co. of New York—44,
Ltd.— 11, Koraibashi-dori,
Higashi-ku; Shichome,
Telephs. 4340 to 4342, 5340, Utsubokitadori, Shichome, Nishi-ku;
Teleph. 1936 (Tosabori)
5341, 340 and 341 (Honkyoku); Tel. Wilmina Jo Gakko, American Presby-
Ad: Stilwater; Code: Bentley’s
Union Guide Co., Ltd., Importers and terian Mission Girls’ School—Niyemom-
cho, Higashi-ku
! Exporters, General5890
Building; Telephs. Merchants—Dojima
to 5899; Tel. Ad: Miss
Miss Helen Palmer
Unionguide Miss G.Grace
R. Peters
Hereford
KYOTO
Kyoto fromwellA.D.as 794
associations to 1868 was character
the capital of Japan. Its sacred andcombine
classic
to invest theas city withtheanpicturesque
interest attaching toofnotheother
surrounding
place in country
Japan. Kyoto
has excellent hotel accommodation for foreign tourists. The city lies practically in
the centre
three hours.of Japan on the mainaccording
The population, line of railway, and isofreached
to the census 1920, isfrom Kobe in about
591,305.
DIEECTORY
American Church Mission—Karasumaru- Miss M. R. Paine
dori; Teleph. 2372 (Nishi-jin); Tel. Ad: Miss H.
C. R.L. Powell
Amchumiss
Rev. I. H Correll.D.D., and Mrs.Correll Miss Tetlow (Fukui)
(Kanazawa)
(Tokyo) Miss
Miss A.
J S. van
Welte Kirk (U.S.A.)
Rev. and
Rev. andMrs.Mrs.J. J.J.Chapman
Hubard (Tsu.)
Lloyd Miss R. M. Wheut (IJ.S.A.)
(Wakayama) Miss C. Schereschewsky (Nara)
Rev. J. A. Welbourn Imperial Post Office—Sanjo-dori, Higa-
Dr.(Osaka)
(m.d.) and Mrs. J. D. Southworth shi-no-toin
Rev. and Mrs. P. A.
Rev. J K. Morris and w ifeSmith Kyoto Chamber of Commerce—Kava-
Miss M. Ambler (U.S.(Obama)
A.) sumaru-dori, Ebisugawa-Agaru; Telephs.
Miss A. G. Denton 8, 1460 and 2444 (Kami)
Miss
Miss E.H. L.J. Fooie
Disbrow
Miss Kyoto Chiiio Saibansho (Kyoto District
Miss EH. S.R. McGrath
Williams Court) —Marutamachi-dori Tomino-koji,
Nishi-iru; Teleph. 380 (Honkyoku)
Miss
Miss M. 0. Cannell (Fukui)
Miss F.C.H. Smith
Miss
J.Skiles
Neely Kyoto Municipal Office - Oike Tera-
machi; Telephs. 4401 to 4408 and 4418
(Honkyoku)
17
KOBE
openedKobeto was
foreign untiltrade
1892inthe1868,
foreign
but inport1889of the
the two
adjoining
towns town of Hyogo andunder
were incorporated was
the title
reclamation of Kobe City,
of theresulted
bed of thewhen the
Minatogawa City Municipal Law
Riverofinthe1910oldand was put
the extension into force. The
of the tram-
way service have in the disappearance boundary line between Kobe ]'
and Hyogo. Hyogo, therefore, is now merely one of the administrative sections of Kobe, i
The port
The is finely
harbour is goodsituated on the safe
and affords Idzumi-nada,
anchorageatforthevessels
gate ofofthe far-famed
almost any size,InlandbutSea.to
extend
improvementthe facilities
was begun for inloading
1907, andmost
and discharging
of the an extensive
larger shipping scheme
now of harbour
moors at the .j
four large Customs piers. Further works are in progress, the harbour rapidly
growing towards the east. The town faces the land-locked water covered with j
white sails, and
picturesque while
loftybehind,
hills, some at ofa which
distance
attainof anabout a mile,
altitude of aboutrises3,000 a range
feet, andof ii
the
are steep sides
a numbersummit of which
of foreign are partly covered
residences, with
the place pines. On
having become one of these hills,
a favourite Rokkosan, ’
resort.
miles of Theexcellent paths of this
makinghill walkin'?
has been onwellthe prepared purpose, summer
hills easyforandtheenjoyable. several |!;
Among
the attractions
miles of Rokkosan are excellent
the hillsgolf
andlinks. Kobeandstretches for extending
some five .
in thethealong
and
the strip
direction
HanshinofKyuko
of land
Osaka, between
which
(express) isElectric
connected with
Railway. itthebywater,
What thewas
Hanshin is rapidly
at oneElectric
time known Railwayas :
the foreign
lighted withsettlement
electricity.at Kobe The isBund,
well laid
whichout;ranthealongstreetstheareseabroad
side ofandtheclean, and js
Foreign
Settlement,
offices. Within has been extended
the last few yearsand will
the soon be covered
Japanese have bought with Harbour
many of the administration
Settlement !
lots and have erected large offices of five or six stories, which have greatly improved
the city. The. railway terminus is at theadjoining
other endtheofstation,
Kobe, where it foreign
meets Hyogo,
ofandthethere
city areis best
extensive
reached carriage
from works
Sannomiya Station. There butare theseveral section
Clubs—the
Kobe Club (including members of all nationalities), the Masonic Club, the Indian Club,
the Mirume
At Club Concordia
the K. (Cerman),
R. & A. C.andhave the Kobe
a fineRegatta
boathouse and and
Athletic
largeClublawn (international).
for all kinds of
sports.
Catholic The ChurchUnion is aProtestant Church isininNakayamate-dori.
fine new structure the Settlement, andAntheEnglish FrenchEpiscopal
Roman !,
Church, All Saints, was opened in 1898 on the hill behind, and there are several native
Protestant
the Oriental,churches.
the Tor,theThere
Lyman’s are several foreign hotelsTheinfirst-named
the city, the (nowprincipal bybeing
Toyo Kisen Kaisha, Japaneseandshipping
Pleasanton.company) and the Tor ownedcompare
Hotel the i:
favourably
Chronicle with any hotels in the Far East. Two foreign daily papers, the Japan
published inandKobe. the Kobe
There Herald,
are, also,andtwo one weekly,
native papers.the Japan Weekly Chronicle, are
The population of Kobe City in March,
8,000 were foreigners, the chief nationalities represented 1925, was 807,372.being:—Chinese,
Of this number4,944; over ;
British, 979; American, 601; German, 386; Russian, 244; Indian, 184; French, 106;
aPortuguese, 102; Swiss,
large temporary addition83; toandtheDutch,
foreign74.population
The earthquake in Yokohama
since September, 1923. has caused
old town of Hyogq and is worth a visit; and there is a monument to thesituated
The Temple of Nofukuji, which possesses a large bronze Buddha, is Japaneseinhero the
Kiyomori,
some erected
attention from in 1286, in
its historica grove of trees
associations. in the vicinity of the temple, which claims
was reclaimed in 1910. The upper part of theThereclaimedbed of the areaoldisrivernowMinatogawa
known as J
lower part of the river-bed is a centre for public entertainments, suchmarket.
Minatogawa Park, where there is a City Hall, behind which is a large The j
as theatres,
cinematographs,
spot in 1336 during etc. theTheunsuccessful
shrine dedicated wars toforKusunoki Masashige,
the restoration of thewhoMikado’sfell onpower.
this j
£ fTk-nrvn-rVl. John 3 axtholoznexv & SonllJ-.^Edmbiir^li
KOBE 48»
stands betweenInKobe
Jity Library. Station
the park anda bronze
stands the Okurayama Park,
statue of the latewhere
Princethere
Ito,is,whoabo,wasa large
one
>f'awasaki
the mostShipbuilding
influential Yard
and powerful
situated atstatesmen
Hyogo isofoneJapan
of thein largest
the Meijiin period.
Japan. The The
itsubishi
overnment Co.,in also,
1906 have a dockyard
sanctioned a schemeat for
thethe
Western extremity
improvement of of harbour
the the port.involv- The
ing an expenditure of 32,000,000 yen. Large reclamations were undertaken at
Onohama, and commodious wharves and other facilities for the working of cargo are
provided.
[tended Kobe’s excellenttrade
to centralise railway commu
at this port.nications, both north and south, have naturally
to 1924The following table of values in Yen shows the total trade of the port from 1913
1913 Imports 346,608,977
Exports 170,470,039 1919 Imports1,015,141,760 Exports 443,249
1914
1915 281.959,911 167,522,636
269,216,398 197,597,830 19211920 1,127,476,835
768,209,362 518,987
229,144
1916
1917 374,099,070 479,770,388
530,929,041 325,671,735 1922
1923 856,356,675 357,111
1,007,926,455 279,8 M
1918 784,310,224 539,350,392 j 1924 1,177,039,408 580,293
One of the principal reasons for the recent large export figures is the increased
amount of silk shipped from Kobe since the earthquake of September 1st, 1923.
DIRECTORY
Abdulali & Co., N. F., Import and Export H. C. Kendall Mrs. Bisshop
Merchants—410,0.S.
951; P.O. Box 296; Tel.K. Building;
Ad: NajamTeleph. J.P. B.Hiatt
Moulton Y.F. ObataSeto
J.C. H.H. Dowling
Thorn H. Funahashi
H.
Abraham & Co., L. D., Import and Export National Cash MotomuraYedo-
Merchants — 50,
Box 85 (JSannomiya) Harima-machi; P.O. machi; Teleph.Register Dept.—99,
483 (Sannomiya)
L. D. Abraham E. B Kawasjee J. H. Dowling, mgr. | C. H. Thorn
C.B. Abraham
A. Aslet J.M. Medina
V. da Costa American Express Co., Inc.—32, Akashi-
J. Abraham J. C. Guterres machi;
Box 197;Teleph.
Tel. Ad:1598Amexco
(Sannomiya); P.O
Admiral Oriental Line, Managing
Agents U.S. Shipping Board--7a, Kaigan- AmicoandShokai Goshi Kaisha, Im-
dori;Telephs. 1595 and 1558 (Sannomiya) port Export 3778
machi; Teleph. Merchants—39,
(Sannomiya);Akashi-
P.O.
S. E.A. F.Stimpson, general agent Box 286; Tel. Ad: Amicold
O’Connor I A. R. C. Mawdsley Codes: A.B.C. 5th and 6th edns., Bentley’s and Trusty;
R. H. Morris - [ E. Roberts
Agency
American Pioneer Line ASSOCNS., CLUBS AND SOCIETIES
American Trading Co., Inc., Importers, American Association (Kobe)
Exporters, Engineers, Shipping and American Baptist Foreign Mis-
Insurance—99,Telephs.Yedo
482 machi
to 485 andand Kita- sion Society-
machi;
(Sannomiya, L.D.); P.O. Box 17
3997
(San- chome; Teleph. 198439,(Sannomiya);
Kitano-cho,Tel.2-
nomiya); Ad: Baptisma
A.B.O. 5th.,Tel.A.B.C.
UnionBentley’s
5-letter
Ad: 5th
Amtraco; Codes:
imp., Western
edn., Schofield’s Eclectic
Rev. R. Austin Thomson, d.d.; f.r.g.s.
(Mission Treasurer and Legal
and Mrs. Representative in Japan)
R. Austin Thomson
W.W.Gauge,
Hirzel, agent
sub-agent
E. J. Marshall, accountant British Association of Japan (Kobe
W. W. Baer Branch)—], Kaigan-dori; P.O. Box 40
Secretary—W. S. Antill
17
490 KOBE
British and Foreign Bible Society Societe Franco-Japanaise (Section df.
and NationalYedo-machi;
Scotland—95, Bible Society
Tel. Ad:of Kobe), Siege Social: Consulat de
Testaments France—110, Yamamoto-dori, N ichome
Secretary— F. Parrott Young Women’s Christian 3-chome
Associa.
Kobe Chamber of Commerce tion—65, Shimoyamate-dori,
126, 3300
Higashi-machi; Telephs. 3100, Teleph.
Emissarius 1867 (Sannomiya); Tel. Ad;
3200, and 5300 (Sannomiya) Miss G,P. B.McGregor
President—Fusajiro Kashima
Vice-president—Tadao Okasaki Miss Forsyth
Do. —Isao Naka Miss C. Armstrong
Secretary—Y. Fukumoto Bank of Taiwan, Ltd.—Naka-machi, It-
Kobe Club—14, Kano-cho, Ilokuchome chome; Tel. Ad: Taiwangink
Kobe Cricket Club Bankoku Toryo Seizosho (Goshii
President—P. L. Spence Kais ha), Sole Manufacturers in Japan of
Capt.—R. T. Holder the
and“International”Compositions
Paints for Ships —P.O. Box
Hon. Secretary—J. Abraham 141;F. Tel. Ad: International
Kobe Exchange Brokers’ Association W. Carr, manager
—16, Harima-machi
Secretary—A. W. Cosser Belgo-Nippon Trading
Kobe Foreign Board of Trade—52, machi; P.O. Box
Hyacinthe 188; Tel.Co.—51,
E. Renault, Ad: Harima-
Nippobeige
director
Harima machi
Chairman—E. J. Libeaud A. van den Kieboom, signs per pro.
Secretary—A. E. James
A' / AP. Verleysen
mcies
Domballe, | Miss L.do.Klecker :
Kobe Golf Club, Links and Club House Fabrique National d’Armes de Guerre
atRokkosan — Office: 65,Naniwa-machi Herstal, Belgium
Kobe Lawn Tennis Club Cristalleries
Belgium du Val St. Lambert,
President—A. W. Cosser Usines
Kobe Masonic Club—“CorinthianHall,” Haren,Peters-Lacroix
Belgium (Wall Papers)
48,Nak ayamate-dori,