### Hongkong Directory 1927

NATIONAL LIBRARY

OF SCOTLAND

EDINBURGH

ELLERMAN 81 BUCKNALL

STEAMSHIP C9 UP

'TO

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Apply to

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RUSTON OIL DRIVEN EXCAVATORS

Cut Fuel Costs to a Third

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Reliability of the Ruston

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Fuel costs are only incurred when the machine is in opera-

tion, coal and water troubles being entirely eliminated.

The Ruston Oil Driven Excavator ensures maximum

efficiency and output with minimum working costs.

Ruston & Hornsby, Ltd.

Engineers, Lincoln.

THE FIRUKAWA ELECTRIC Co.,

Limited.

Established In 1875

Capital Y.20,000,000.00

MANUFACTURERS and EXPORTERS of

Electric Wires & Cables

Copper and Brass Sheets,

Rods, Bars, etc.

no. 1, Yaesucho 1-Chome. Kojimachiku. Tokio

Codes: A.B.C. 6th, Rudolf Mose, Lieber’s

Schofield’s, Bentley’s, etc.

Branches and Agencies:

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kong, Bombay, Calcutta, Sourabaya, Bangkok, Buenos-Aires.

ON MERCATOR'S PROJECTION

THE

DIRECTORY & CHRONICLE

FOE

CHINA, JAPAN, COREA, INDO-CHINA,

STRAITS SETTLEMENTS, MALAY STATES,

SIAM, NETHERLANDS INDIA, BORNEO,

THE PHILIPPINES, &c.

WITH WHICH ARE INCORPORATED ‘“THE CHINA DIRECTORY” AND

“THE HONGKONG DIRECTORY AND HONG LIST FOR THE FAR EAST”

FOR. THE YEAR

1927

SIXTY-FIFTH YEAR OF PUBLICATION

THE HONGKONG DAILY PEESS, LTD.

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MDCCCCXXVII.

A

KAIPlING COALS

GENERAL MANAGERS FOR

THE YAO HUA MECHANICAL GLASS Co., Ltd.

AGENCIES:

SHANGHAI K.M.A., 12, The Bund. SWATOW T. Carr Ramsey.

PEKING —K.M.A., 3, Hsi Tangtse Hutung. CHEFOO Cornabe, Eckford & Co.

HONGKONG Dodwell &. Co., Ltd. DAIREN Cornabe, Eckford & Winning.

CANTON Dodwel I & Co., Ltd. NEWCHWANC G. Colinet&Co.

FOOCHOW Dodwell & Co.. Ltd. SAIGON Mitsui Bussan Kaisha.

AMOY Boyd & Co. JAVA (SOERABAYA'l International Credit

V en Handelsvereer.ig-

HANKOW Dodwell & Co., Ltd. AND BATAVIA) J ing “Rotterdam?’

SINGAPORE . Paterson, Simons & Co., Ltd.

TSINCTAO Schang Tai & Co.

JAPAN c i/nor

KOREA A (fKaiheitan Hanbai Goshi

Kaisha. Tokyo.

CHINWANCTAO K. M. A., Coal Port.

WEI-HAI-WEI Foo WeiCo. MANILA (P.I.) .The Pacific Commercial Co.

LONDON OFFICE:—

THE CHINESE ENGINEERING & MINING Co., Ltd., 3, London Wall Bldgs., E.C. 2.

BRUSSELS OFFICE;—

THE CHINESE ENGINEERING & MINING Co., Ltd., 13, Rte Brederode.

COKE

(For DOMESTIC and METALLURGICAL Purposes).

CERAMIC and REFRACTORY

PRODUCTS.

YAO HUA WINDOW GLASS.

INDEX DIRECTORY

Page Page Page

Alphabetica.1 List China—Continued Japan—Coatmaed

Foreign Kesidents ... 1376 Southern Ports—CW<. Moji 503

Annam 1052 Foochow 843 Nagasaki 505

Hoihow (in Hainan)... 891 Osaka 482

Annam, Provinces du 1055

Hokow 898 Otaru 481

Hue 1052 Shiinonoseki ... ... 503

Quinhon .. ... 1057 Kongmoon 8*^0

Kuliang 844 Tokyo 465

Tourane 1055 Yokohama ... ... 474

Nanning 886

Borneo 1335 Pakhoi 889 Macao

Brunei 1351 Sanishui 882 Macao 1018

.Tesselton (see N. Borneo) Santuao 842 Malay States

Kudat (see N. Borneo) Swatow 855 (Federated & Unfederated)

Labuan 1350 Wuchow 884 Ipoh (see Perak)

Lahad Datu (see X. Borneo) Johore 1223

North Borneo, State of 1341 Yangtsze Ports

Changsha 824 Kedah 1235

Sandakan (see N. Borneo) Kelantan 1230

Sarawak 1335 Chinkiang 790

Chungking 830 Klang (see Selangor)

Tawao (see X. Borneo) K. Lumpur (see Selangor)

Hankow 801

China 528 Ichang 828 Kuantan (see Pahang)

Central Ports Kiukiang 799 Malay States (Fed.) ... 1171

Hangchow 833 Shasi 822 Malay States (Unfed.) 1222

Nanking 792 Wuhu 797 Negri Sembilan ... 1210

Ningpo 837 Yochow 820 Pahang 1218

Shanghai 660 Perak 1179

Soochow 788 Chosen (Corea) 519

Perlis 1239

Wenchow 841 Chemulpo 522 Pt.Dick son(seeN. Sembilan)

Chinnampo 526 „ Swettenham(seeSelangor)

Frontier Ports Fusan 524

Kouang-tcheou-wan... 887 Selangor .1192

Kunsan ... ... 527 Serem ban (see N. Sembilan)

Kowloon Frontier ... 879 Masampo 525

Lappa 879 Taiping(.we Perak)

Mokpo 526 Teluk Anson (see Perak)

Lungchow 894 Seoul 521

Mengtsz 895 Trengganu 1233

Song-jin 527

Szeraao 900 Wonsan 524 Naval Squadrons

Tengyueh 899 Naval Squadron, Brit. 1354

Yunnanfu 896 Cochin-China 1062 Naval Squadron, Jap. 1369

Northern Ports Cambodge 1084 Naval Squadron, U.S. 1361

Antung 633 Cholon 1083 Netherlands India 1240

Changchun 628 Saigon 1063 Batavia 1259

Chefoo 640 Eastern Siberia 457 Buitenzorg 1259

Chinwangtao 610 Xicolaevsk ... • ... 459 Macassar 1278

Dairen 635 Vladivostock 457 Medan (see Sumatra)

Harbin 622 Formosa 509 Padang 1275

Hunchun 630 Daitotei (Twatutia)... 514 Semarang 1272

Kiaochau 651 Keelung 515 Sourabaya 1266

Kirin 629 Tainan,Takao&Anping, 516 Sumatra 1280

Lungchingtsun ... 629 Taihoku (Taipeh) ... 514 Philippine Islands 1294

Lungkow 646 Tamsui 512 Baguio 1306

Manchurian Trade C. 617 Cebu 1325

fcdukden 617 Hongkong 902

Iloilo 1322

Newchwang 612 Classified List ... 1002 Manila 1304

Peiteiho 610 Ladies’List 1011 Zamboanga 1331

Peking 550 Peak Residents ... 1014 Siam 1086

Port Arthur 631 Indo-China 1031 Bangkok 1087

Taku 608 Haiphong 1040 Steamers

Tientsin 572 Hanoi 1033 Coasting 1371

Tsingtao 651 Tonkin 1032 Straits Settlements

Tsinan 657 Tonkin, Provs. du ... 1046 1103

Wei-hai-wei 648 Japan 460 Malacca 1163

Southern Ports Hakodate '480 Penang 1147

Amoy 850 Kobe 486 Prov. W ellesley (seePenang)

Canton 862 Kyoto 485 Singapore 1108

INDEX, DIRECTORY

A Page K Page P—Cont. Page

Alphabetical List of Kedah .. 1235 Philippine Islands

Foreign Residents... 1376 Keelung 515 Port Arthur ... ... 631

Amoy 850 Kelantan 1230 Pt. Dickson (see N. Sembilan

Annam • 1052 Kiukiang 799 „ Swettenham(seeSelangor)

Annam, Provinces du 1055 Kiaochau 651 Prov. Wellesley(see Penang)

Anping 516 Kirin 629 Q

Antung Klang (see Selangor) Quinhon 1057

Kobe 4S6 S

Baguio Kongmoon 880 Saigon ... 1063

Bangkok . 1087 Kouang-tcheou-wan... 887 Samshui 882

Batavia . 1259 Kowloon Frontier ... 879 Sandakan (see N. Borneo)

Borneo . 1335 Kuala Lumpu v(see Selangor) Santuao 842

Brunei . 1351 Kuantan (see Pahang) Sarawak 1335

Buitenzorg . 1259 Kudat (see N. Borneo) Selangor 1192

Kuliang 844 Semarang 1272

C

Cambodge . 1084 Kunsan 527 Seoul 521

Canton... . 862 Kyoto 485 Seremban (see N. Sembilan)

Cebu . 1326 L Shanghai

Changchun ... . 628 Labuan 1350 Shasi . 822

Changsha . 824 Lahad Datu (see N. Borneo) Shimonoseki ... . 503

Chefoo . 640 Lappa 879 Siam ... ... . 1086

Chemulpo . 522 Lungchingtsun Singapore . 1088

China . 528 Lungchow 894 Sourabaya , 1266

Chinkiang . 790 Lungkow 646 Song-jin . 527

Chinnampo ... . 526 M Soochow , 788

Chinwangtao... , 610 Macao ... . 1018 Steamers, Coasting , 1371

Cholon 1083 Macassar . 1278 Straits Settlements . 1103

Chosen (Corea) , 519 Malacca . 1163 Sumatra , 1280

Chungking Malay States (Fed.)... 1171 Swatow , 855

Cochin China 1 Malay States (Unfed.) 1222 Szemao , 900

Dairen Manila Taihoku (Taipeh) 514

Daitotei (Twatutia)... Masampo Tainan 516

E Medan (see Sumatra) Taiping (see Perak)

Eastern Siberia Mengtsz Takao ... I

F Moji ... 503 Taku i

Foochow . 843 Mokpo... 526 Tamsui

Formosa . 509 Mukden 617 Tawao (see N. Borneo)

Fusan ... . 542 IN Teluk Anson (see Perak)

Nagasaki 505 Tengyueh

Haiphong . 1040 Nanking 792 Tientsin 572

Hakodate Nanning 886 Tokyo ... 465

Hangchow 833 Naval Squadron, Brit. 1354 Tonkin... . 1032

Hankow 801 Naval Squadron, Jap. 1369 Tonkin, Provinces du 1046

Hanoi 1033 Naval Squadron, U S. 1361 Tourane , 1055

Harbin 622 Negri Sembilan ... 1210 Trengganu . 1233

Hoihow (in Hainan)... 891 Netherlands India ... 1240 Tsingtao 651

Hokow 898 Newchwang 612 Tsinan 657

Hongkong 902 Nicolaevsk 459 V

H’kong. Peak Resdts. 1014 North Borneo, State of 1341 W

Hu6 . 1052 O

Osaka . Wei-hai-wei ... 648

Hunchun Wenchow 841

Otaru . ... 481

Wonsan 524

Ichang . 828 Wuchow 884

. 1322 797

Indo-China ... Pahang ... 1218

. 1031 Pakhoi... ... 889 Y

Ipoh (see Perak) Yochow

Peiteiho ... 610

Peking... ... 550 Yokohama 474

Japan 460 Penang... ... 1147 Yunnanfu 896

Jesselton (see B. N. Borneo) Perak ... ... 1179 Z

Johore ... 1223 Perlis ... 1239 Zamboanga ...

INDEX

TREATIES, CODES AND GENERAL

PAGE

Advertisers, Index to ii Great Britain, Chungking Agreement, 1890 17

Agents xlii Great Britain, Emigration Convention, 1904 54

Calendar and Chronology v Great Britain, Kowloon Extension, 1898 20

Calendar, Anglo Chinese iv Great Britain, Nanking, 1842 3

Chair, Jinricksha and Boat Hire, Hongkong 452 Great Britain, Opium Agreement, 1911 63

Chamber of Commerce, Scale of Commissions, &c. .. . 448 Great Britain, Sup. Commercial Treaty with China 22

China’s Permanent Constitution 421 Great Britain, Tibet-Sikkim Convention, 1890 18

Chinese Festivals xvii Great Britain, Tibet Convention 58

Chinese Passengers’ Act 404 Great Britain, Tientsin, 1858 5

Consortium Agreement, 1920 251 Great Britain, Weihaiwei Convention, 1898 21

Court of Consuls at Shanghai, Rules of Procedure 882 Japan, Agreement China-Korean Boundary, 19 9, 249

Customs Tariff, China, Exports 49 Japan, Agreement Regarding Manchurian Ques-

Customs Tariff, China, Imports, Revised 1922 34 tions, 1909 .251

Customs Tariff, China, Rules, Exports 51 Japan, Commercial, Peking, 1896 125

Customs Tariff, China, Rules, Imports 48 Japan, Protocol, New Ports, Peking, 1896 130

Customs Tariff, Japan 118 Japan, Regarding Manchuria, 1905 139

Customs Tariff, Japan Duties on Luxuries, etc., 1924, 218 Japan, Regarding Shantung, 1915 141

Customs Tariff, Korea 168 Japan, Regarding S. Manchuria and Mongolia,1915,143

Draft Customs Tariff Law (Japan) 176 Japan, Settlement of Outstanding Questions

Foreign Jurisdiction Act, 1890 299 relative to Sha,ntung 145

Harbour Regulations, Japan 418 Japan, Transfer of Shantung 263

•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 S98 Portugal, 1888 109

Hongkong Port Regulations 408 Portugal, 1904 117

Hongkong, Stock Exchange 447 Russo-Chinese Agreement, 1924 160

Hongkong Typhoon Signals and Stations 451 United States of America. Additional, 1868 95

Insurance, Japanese Ordinance 407 United States of America, Commercial, 1903 102

Malay States Federation Agreement, 1896 293 United States of America, Immigration, 1894 100

Manila Invoice Charges 460 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, 1010 . .351 Great Britain, 1894 169

Orders in Council (China Amendment), 1913 3; Great Britain, Commerce and Nav., 1911 224

Orders in Council, China (Amendment) 1914 3. 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 ..S61 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 Conven-ion, 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 3S3 With Korea :-

Siam, Foreign Jurisdiction, 1909 279 Great Britain, Trade Regulations 165

Signals, Storm, &c., Hongkong 451 With Siam:—

Stamp Duties, Hongkong, 1921-1925 ^33 France, 1904 281

Statutory Rules and Orders China and Corea), 1909 .. 373 France,1907 283

Tables of Consular and Marriage 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 Court Fees 3SO

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 13 453

Weights and Measures, Money .. -

PAGE PAGE:

A.B.C. DIEECTORY OF BRITISH MER- ELASTIC FABRICS:—

CHANTS AND MANUFACTURERS ... xlv Preston k Son, Ld., England

ART PRODUCTIONS:— ELECTRIC WIRES AND CABLES MANU-

Raphael Tuck & Sons, London ... FACTURERS AND EXPORTERS:—

Inside back cover Furukawa Electric Co., Ld., Tokyo

BANKS :— Front end paper

Bank of Canton, Ld xxvi ENGINEERS AND MACHINISTS:—

Bank of Taiwan (Formosa) xxv Brunner, Mond k Co. (Japan), Ld. 474A

Banque Franco-Chinoise pour le Gilbertson k Co., Ld., W., Pon-

Commerce et ITndustrie xix tardawe, Nr. Swansea xxxvii

Banque de Paris et des Pays-Bas... xviii Hongkong k Whampoa Dock Co.... 964B

Chartered Bank of India, Australia Rapid Magnetting Machine Co.,

and China xxii 1 Ld., Birmingham lit

Hongkong and Shanghai Bank ... xxi j Ruston k Hornsby, Ld., Lincoln...

Hongkong Savings Bank xxvi Inside front cover

Mercantile Bank of India xxiii

National City Bank of New York xxiv EXCAVATOR MANUFACTURERS:—

BOOKSELLERS & PUBLISHERS:— Ruston & Hornsby, Ld., Lincoln...

China Year Book (1925-6), Tien- Inside front cover

tsin Press, Ld., publishers 670A |

GALVANIZED SHEET MANUFACTURERS:—

Maruzen Co., Ld., Tokyo xli Gilbertson k Co., Ld., W., Pon-

BREWERS tardawe, Nr. Swansea xxxvii

Dai Nippon Brewery Co., Japan... xl

GLASS MANUFACTURERS:—

BRICK MANUFACTURERS :— S. & C. Bishop & Co., Lancashire... li

Kail an Mining Administration, Yao Hua Mechanical Glass Co.,

Tientsin Back of I'itle page Ld., Tientsin ... Back of Title page

CEMENT MANUFACTURERS HARDWARE MANUFACTURERS:—

Indo-China Portland Cement Co., Rapid Magnetting Machine Co.,

Ld., Haiphong (Indo-China) ... xxxv j Ld., Birmingham lii

COAL MERCHANTS IMPORTERS AND EXPORTERS:—

Kailan Mining Administration, Cooper k Co., Ld., Tokyo and

Tientsin Back of Title page Kobe 488A

Mitsui Bussan Kaisha xxxviii General Silk Importing Co.,

Sun Man Woo Co xxxix Yokohama 474B

Kobe Commercial Co. 488B

COTTON GOODS MANUFACTURERS :— Marcus Harris

China Cotton and Silk Works, Maruzen Co., Ld., Tokyo xli

Ld., Shanghai 670A Nabholz k Co., Yokohama 474B

South China Knitting Factory, Pearce & Co., Kobe 488B-

Kowloon, Hongkong 964A

INSURANCE: LIFE, FIRE AND MARINE :—

Spinner w Co., E., Manchester and

Bombay lii

Prudential Assurance Co., Ld.,

Gilbertson Co., Ld., W., Pon- England xliv

tardawe, Nr. Swansea xxxvii Sincere Co., Ld., Shanghai xxxvi

Hongkong k Whampoa Dock Co... 964B Union Insurance Society of Can-

Mitsui Bussan Kaisha, Japan ...xxxviii ton, Ld., Hinge of cover

DRUGGISTS LIFTING TACKLE AND HYDRAULIC TOOLS:—

Ferris k Co., Ld., Bristol Ruston & Hornsby, Ld., Lincoln

Inside bach cover Inside front cover

PAGE PAGE

MACHINERY :— SHIPCHANDLERS :—

Gilbertson & Co., Ld., W., Pontar- Sun Man Woo Co xxxix

dawe, Nr. Swansea xxxvii

Hongkong

Rapid Magnetting Machine Co., Cooper & Co., Ld., Tokyo & Kobe 488A

Ld., Birmingham lii General Silk Importing Co.,

Ruston & Hornsby, Ld., Lincoln Yokohama 474B

Inside front cover China Cotton & Silk Works, Ld.,

Shanghai 670A

MANUFACTURERS OF HYDROGEN AND

NITROGEN PLANTS:— STEAMSHIP LINES:—

L’Air Liquide, Kobe 488A Apcar Line xxvii

Blue Funnel Line xxix

MERCHANTS, COMMISSION AGENTS, ETC. :— British India S. N. Co., Ld. ... xxvii

A.B.C. Directory of Merchants and Canadian Pacific S.S., Ld xxxi

Manufacturers (British) xlv Ellerman & Bucknall S.S. Co., Ld...

Arculli, Brothers xxxvi Inside front cover

Brunner, Mond & Co. (Japan), Ld. 474A Douglas Steamship Co ... xxx

Giles, S. E., Kobe 488c Eastern and Australian Line ... xxvii

Kai Chong & Co., Macao xxxvii Glen

Kobe Commercial Co. 488B Indo-China Steam Nav. Co xxviii

Marcus Harris & Lewis, Kobe ... 488c P. & O. S. N. Co xxvii

Mitsui Bussan Kaisha, China and

Japan xxxviii SOCKS & STOCKINGS MANUFACTURERS: —

Nabholz & Co., Yokohama 474B China Cotton & Silk Works, Ld.,

Pearce & Co., Kobe ... 488B Shanghai 670A

Sincere Co., Ld., Shanghai xxxvi South China Knitting Factory,

Sun Man Woo Co xxxix Kowloon, Hongkong 964A

Wing On Co. (Shanghai), Ld. ...xxxvii

METAL MERCHANTS :— SPORTING GOODS DEALERS:—

Brunner, Mond & Co. (Japan), Ld. 474A Kai Chong & Co., Macao xxxvii

Furukawa ElectricCo., Ld., Tokyo

Front end paper STEVEDORES:—

a AT

Sun Man Woo Co xxxix Sun Man Woo Co xxxix

NAVY CONTRACTORS STOREKEEPERS:—

Sun Man Woo Co. ... xxxix Kai Chong & Co., Macao xxxvii

Sincere Co., Ld., Shanghai xxxvi

OIL MERCHANTS :— Sun Man Woo Co xxxix

Asiatic Petroleum Co xx Wing On Co. (Shanghai), Ld. ... xxxvi

Do. ... Front cover

Rising Sun Petroleum Co., Japan xx SURGICAL INSTRUMENT DEALERS:—

PAINT MERCHANTS Ferris & Co., Ld., Bristol

Sun Man Woo Co xxxix Inside back cover

PHOTOGRAPHIC GOODS DEALERS:— TEA AND RUBBER CHEST MANU-

Kai Chong & Co., Macao xxxvii FACTURERS:—

Luralda, Ld., London lii

PIECE GOODS (COTTON AND SILK)

MERCHANTS:— TRADE MARKS OF BRITISH MERCHANTS

Cooper Jr Co., Ld,, Tokyo & Kobe 488A AND MANUFACTURERS li

General Silk Importing Co.,

Yokohama 474B WINES AND SPIRIT MERCHANTS:—

RAILWAYS:—

Caldbeck, Macgregor & Co., Ld.,

Chinese Government Railways— Top and Bottom Edge of Book

Peking-Mukden Line xxxii Dai Nippon Brewery Co., Ld.,

Shanghai-Nanking Line xxxiv Mitsui Bussan Kaisha, sole

Tientsin-Pukow Line xxxiii agents xl

SHIPBUILDERS :— WOOLLEN GOODS MANUFACTURERS:—

H’kong. & Whampoa Dock Co. ,.. 964B E. Spinner & Co., Manchester and

Mitsui Bussan Kaisha, Japan xxxviii Bombay lii

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THE CALENDAR FOR 1927

JANUARY—31 DAYS

SUNRISE HONGKONG TEMPERATURE

... 7h. 03m. 1925 1926

... 7h. 06m. Maximum 61.1 66.0

Minimum ... 53.3 57,6

Wean £6.8 61.1

MOON’S PHASES

BAROMETER, 1926, AT SEA LETEL

New Moon

First Quarter...

Full Moon 1926

Last Quarter ... 0.2'5 inches

Kobe and Osaka opened, 1868. Overland Telegraph through Russia opened 1872.

Russians surrender Port Arthur to the Japanese, with 878 officers, 23,491 nfen, 546 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.

lion. First election by the Hongkong Justices of the Peace of a member of the Legislative

Council, 1884.

Decree of Emperor Tao-kwang prohibiting trade with England, 1840. Commissioner

Yeh captured, 1858. Chinese Government definitely refused to submit the Macao

boundary question to arbitration, 1910.

Wed. Thanksgiving services for the Armistice at the Hongkong places of worship and mass

meeting of thanksgiving at Theatre Royal, 1919.

Thurs. EPIPHANY. 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, Taonanfu, Liengkow, Hulutao, 1919.

Sun. 1ST AFTKR EPIPHANY. Murder of Mr. Holworthy at the Peak, Hongkong, 1869.

Mon.

Seamen’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 81,250,000 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.

Satur. Bread poisoning in Hongkong by Chinese baker, 1857. Indo-China str. “Yik Sing ” lost

at The Brothers, 1908- Hongkong Courts of Justice opened, 3912.

Sun. 2ND AKTK.R EPIPHANY. Severe frost in Hongkong, 1893. Chinese Imperial Court returned

to Peking, 1902.

Mon. The Tai-wo gate at the Palace, Peking, destroyed, 1889.

Tues. Great gunpowder explosion in Hongkong harbour, 1867.

Wed. 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 Henry May left Hongkong to become Governor of Fiji, 1911.

P. & O. steamer “Niphon” lost off Amoy, 1868. 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.

Decree from Yung-ching forbidding, under pain of death, the propagation.of the Christian

faith in China, 1733.

Lord Sal ton n left China with 83,000,000 ransom money, 1846. British gunboat patrol

withdrawn from West River, 1908. Big fire among flower-boats in Canton: 100 lives

lost, 1909.

THE CALENDAR FOR .1927

FEBRUARY—28 DAYS

SUNRISE SUNSET HONGKONG TEMPERATURE

1st 7b. U3m. 61i. 12m. I 925 1926

loth 6h. 56in. 6h. 20m. Maximum 60.4 63.9<

Minimum 52.5 57.3

Mean £6.0 60.0

MOON'S PHASES

d. h. BAROMETER, 1926, AT SEA LEVEL

New Moon ... 2 4 54 P.M. Mean 30.17 inches-

First Quarter... 9 7 54 A.M.

Full Moon ... 17 0 18 A.M. 1925 RAINFALL 1926

Last Quarter... 25 4 42 A.M. 0.385 inehf s 2.400 inches

DAYS OF DAYS OF 12 & 1 j CHRONOLOGY OF REMARKABLE EVENTS

WEEK MONTH ; MOONS j

Tues. 1 29 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.

Wed. 2 N.Y 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.

Thurs. 3 2

Fri. 4 3 Great robbery in the Central Bank, Hongkong, discovered, 1865. Agreement opening West-

River signed, 1897.

Satur. 5 4 Anti-foreign riot at Chinkiang, foreign houses burned and looted, 1889. Local Ad-

ministrative bodies in China suppressed, 1914.

Sun. 6 6 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.

Mon. 7 6 Suez Canal adopted as the regular route for the Eastern Mails, 1888.

Tues. 8 7 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.

Wed. 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.

Thurs.

Fri. 10 The Japanese constitution granting representative government proclaimed by the-

Emperor in person at Tokyo, 1889,

Satur. * 12 11 China’s New Currency Laws published, 1914.

Sun. 13 12 SKPTUAGESIMA. Outbreak of convicts in Singapore Gaol, 1875. Surrender of Liukungtao

Island forts and remainder of the Chinese fleet to the Japanese, 1895. Manehu 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. 14 Tung Wa Hospital, Hongkong, opened by Sir R. G. MacDonnell, 1872. 15 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. Insurgents evacuated Shanghai, 1855. Stewart scholarship at Central School, Hongkong, founded, 1884. Alice Memorial Hospital, Hongkong, opened, 1887. Thurs. 16 The U.S. paddle man-of-war “Ashuelot” wrecked on the East Lammock Rock, near Swatow, 1883. Fri. 18 Satur. 19 Lord Amherst’s Embassy, returning ced in the Java Sea, 1817. Sun. 20 SEXAGESIMA. China’s Provincial Assemblies suppressed, 1914. Mon. 21 Mr. A. R. Margary, of H.B.M.’s Consular Service, was murdered at Manwvne, Yunnan, by Chinese, 1875. Statue of Li Hung Chang unveiled at Shanghai, 1906. Consort of the Emperor Kwangsu died, 1913. Hongkong A.D.C. Centenary Production, 1914. Tues. Massacre of missionaries at Nanchang, 1906. Wed. Hostilities between England and China recommenced, 1841. Steamer “Queen” captured and burnt by pirates, 1857. First stone of the Hongkong City Hall laid, 1867. Thurs. 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 “®3tiGyed, 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 to Yamchow (Kwangtung), 1914. Fri. j 25 24 Captain Da Costa and Lieut. Dwyer murdered at Wong-ma-kok, in Hongkong, 1849. Imnenal Edict issued Chinese Imperia! issimd dismissing diarr,;ooir,» the Dalai rioioi Llama r ioioin of Tibet, 1910. Satur. | 26 25 ngue Forts, Canton, destroyed by Sir Gordon Bremer, 1841. Appalling disaster at Hot Longkong Racecourse; matsheds collapse r and destroyed by fire* over 6(5) bodies re* wpirpri 1Q1 fl J ^ Sun. 27 1 Mon. 28 27 THE CALENDAR FOR 1927 vii MARCH-31 DAYS SUNBISE SUNSET HONGKONG TEMPERATURE ... 6h. 46m. 6h. 27m. 1925 1926 ... 6b. 33m. 6h. 33m. Maximum ... 67.7 68.0 Minimum 60.6 60.8 Mean 63.7 63.8 MOON’S PHASES BAROMETER, 1926, AT SEA LEVEL New Moon Mean 30.11 inches First Quarter... Full Moon Last Quarter ... ©ATS OP DAYS OF & CHRONOLOGY KKMARKABLK EVENTS WEEK MONTH MOONS Tues. 1 28 SHROVE TUESDAY. S. DAVID’S DAY. Bombardment of the Chinhai forts by French men-of- war, 1881). Twenty-six opium divans closed in Hongkong’, 1909. Mr. Herrmann, manager of Siemens Schuckert at Yokohama, arrested in connection with Japanese Naval scandal, 1914. Wed. 2 29 ASH WEDNESDAY. First Dutch Embassy left China, 1657. Thurs. 3 30 Foreign Ministers received in audience by the Emperor at the Tsz Kuang Po, 1891. Fri. 4 2 Expulsion of Chinese Custom House from Macao by Governor Amaral, 1849. Sun. 6 3 1ST IN LENT. Hostilities at Canton recommenced. Fort Napier taken by the English, 1841 Mon. 7 Departure of Governor, Sir J. P. Hennessy, from Hongkong, 1882. Kongmoon opened to foreign trade. Tues. 8 Arrival in Hongkong of Prince Henry of Prussia, 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. Wed. Attack on Messrs. Farnham and Rohl at Shanghai, 1872. Thurs. 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. 8 Governor Sir R. G. MacDonnell arrived in Hongkong, 1866. Hongkong University opened by H.E. Sir F. W. Lugard, 1912. 9 Imperial Commissioner Ki-chen, degraded by the Emperor, left Cantonas a prisoner, 1841. Capture of Bac-Ninh, by the French, 1884. Death of Dr. Sun Yat Sen, in Peking, 1925, 10 2ND IN LENT. 11 8,000 Chinese troops routed by the English at Tze-hi with great slaughter, 1842. New Law Courts at Yokohama opened, 1890. Hongkong and Shanghai Bank at Peking burnt down, 1900. 15 12 Governor Sir H. Robinson left Hongkong for Ceylon, 1865. Jubilee of Hongkong Chamber of Commerce, 1912. Wed. 16 13 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. Thurs. 17 14 S. PATRICK’S DAY. Lord Macartney’s Embassy left China, 1794. Severe earthquake in Formosa, 1906. Fri. 18 15 Edict of Commissioner Lin to surrender all opium in Canton, 1839. Chungking declared open to foreign trade, 1891. Batur. 19 16 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. Sun. 20 17 3RD IN LENT. Mon. 21 18 British ship “Sarah,” first free-trader, sailed from Whampoa, 1834. Mr. F. A. JAglen appointed Deputy Inspector of Chinese Maritime Customs, 1910. Tues. 22 19 Death, at Peking, of Sir Harry Parkes, H.B.M. Minister to China, 1885. Sir Robert Hart left Peking for Home, 1908. Wed. 23 Captain Elliot forced his way to Canton, 1839. Aguinaldo captured by the Americans in the Philippines, 1901. Thurs. 24 21 First Section of Manila-Dagupan railway opened, 1891, Attempted assassination of Li Hung-chang at Shimonoseki, 1895. .Fri. 25 Captain Elliot demands passports for himself and all the British subjects imprisoned in Canton, 1839. Satur. 26 Great flood at Foochow, 1874 Newchwang placed under Russian martial-law. Sun. 27 24 Launch of the “Autolycus,” the largest ship built in British Overseas Dominions, at Taikoo Dock, 1917. Protocol of Convention between China and Portugal signed at Lisbon, 1887. Mon 28 26 20,289 chests of opium burned by Lin at Canton, 1839. Foundation-stone of New Customs House at Canton laid, 1914. 29 26 Seizure and occupation of the Pescadores by the French fleet, 1885. Wed' 30 27 Arrival of Governor Sir George Bowen, G.C.H.G., 1883. Chinese Regiment at Weihaiwei disbanded, 1904. Cantonese resolved on a boycott of Japanese products which lasted throughout the year, 1908. 31 23 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 1927 APRIL—30 DAYS SUNBISE SUNSET HONGKONG TEMPERATURE ... 6h. 17m. f>h. 3fcm .925 1926 ... 6h. 05m. 6h. •iSm. timum 70.0 72.9 imum 61.8 66.1 MOON'S PHASES m 65.2 68.9 New Moon First Quarter .. Full Moon Last Quarter ... CHRONOLOGY OF REMARKABLE EVENTS The port of Hoihow (in Hainan) opened, 1876. The ports of Pakhoi, Wenchow, Wuhu. and Ichans; opened, 1877. B.N. Borneo adopted the Straits Settlements currency^ 1905. Dowager Empress of Japan died, 1914. Satur. French flag hoisted at Kwang-chau-wan, 1898. Belilios Reformatory opened at Hong kong, 1900. Sun. “ Tai On” pirated between Hongkong and Kongmoon, 1913. Mon. 1891. 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. Wed. 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 Wales visits Hongkong for two days on his way to Japan, 1922. Hongkong Mint opened, 1866. Indignation Meeting at Shanghai respecting Wheelbarrow Riot, 1897. Great powder explosion at Canton, 1913. Fri. Arrival of M. Paul Bert at Hanoi, 1886. Chinese Parliament inaugurated 1913. Satur. Terrific tornado fin Canton; 2,000 houses destroyed and 10,000 lives lost, 1878. Tartar General at Can ^n......i ioi i Sun. PALM SUNDAY. ; Tseng, 1890. Presentation of colours to “ Petropavlovsk ” sunk by a m rt Arthur, nearly every man drowned, include ing Admiral Makaroff, 1904. Wed. Soldiers’ Club opened at Hongkong, 19. 0. Imperial Palace, Seoul, destroyed by fire, 19o4. Aliens given the right to Own land in Japan, 1910. S. Francis Xavier left Goa for China, 1552. Riots at Changsha, 1910. Goon FRIDAY. British Flag hoisted at Governor Sir Arthur Kennedy arrived ir Hongkong, suspended operations, 1908. 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, The “Sir Charles Forbes,” the first steamer in China waters, arrived, 1831). The Tsarevitch arrived at Hankow, 1891. Resignation of Shanghai Municipal Council, 1897. East India Company ceased trade with China, 1834. Arrival of Governor J. Pope Hennessy in Hongkong, 1877. Opening of new c iinercial port of Heungchow near Macao, 1909. Bank of China authorised to iss 83,000,000 in subsidiary notes. 1915. S. GEORGE’S DAY. P. M. steamer “Asia” wrecked near Foochow, 1911. 1ST AFTER EASTER, Chinese Imperial Edict issued disranking Roman Catholic mission- aries, 1908. Capture of the citadel at Hanoi, Tonkin, by the French forces, 1882, First sod of the Shanghai-Nanldng Railway cut at Shanghai, 1905. Foundation stone of Queen’s College, Hongkong, laid, 1884. Contract for Quintuple Loan of £25,000,000 signed at Peking, 1913; A crowded puRH" -r-—- after the \V , Appointed by Chinese Government a Day of Prayer for Christian Churches, 1913. 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, 1914, Battle of the Yalu, Russo-Japan War: Russians defeated with great slaughter, 1904. Arrival of General Grant in Hongkong, 1879, THE CALENDAR FOR 1927 ix MAY-31 DAYS SUNRISE SUNSET HONGKONG TEMPERATURE 1st 5h. 52m. 6h. 50m. 1925 1926 Dtu 5h. 43m. 6h. 56m. Maximum ... 82.3 80.9 MOON’'s PHASES Minima 74.1 72.7 d. b. m. Mean 77.4 76.1 New Moon I 8 40 BAROMETER, 1926, Ac SEA LEVEL First Quarter.. 8 11 27 Mean 29.85 inches Full Moon 17 3 Last Quarter .. 24 1 31 1925 RAINFALL 1926 New Moon 31 5 6 2.580 inches 5.730 inches Dvrs OF DAYS OF 4 & 5 WKKK MONTH MOONS CHRONOLOOY OF RKMARKABLE EVRNTS Bun. 1 1 2ND AFTER EASTER. Firta number of Honqkong Gazette published, 1841. Telegraphic communication established between Hongkong and the Philippines, 1880. Spanish fleet destroyed by U.S. fleet at Cavite, 1898. Emperor Kwang Hsu buried, 1909. Mon. 2 2 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, 1916. Tues. Suspension of Oriental Bank, 1884. Wed. Riot in French Concession at Shanghai, 1874. Roman Catholic Cathedral at Peking inaugurated, 1884. Aomori devastated by Are, 1910. 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 “ Presiuent of China,” 1:;21. Fri. 6 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. Satur. Departure of Governor Sir William Des Voeux from Hongkong, 1891. Japan presents ultimatum to China, 1915. Sun. 3RD AFTER EASTER. Mon. 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, 1906. 11 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. Thurs. li East India Co.’s garden at Canton destroyed by the Mandarins, 1831. Fr 13 Anti-foreign riot at Wuhu, 1891. Bill for amending the Trading with the Enemy Ordin- ance, 1914, read a third time and passed by the Hongkong Legislative Council, 1915. Satur. 14 Ratification at Peking of the amended Treaty between Russia and China, 1881. Anti- foreign riot in the Hochow district, 1891. Sun. 15 4TH AFTER EASTER. Mon. Loss oil Amoy of the French war steamer “Izere,” 1860. Arrival of General Grant in Tues. 17 Shanghai, 1879i Kowloon walled city occupied, 1899. Wed. 18 Thecity ofChapu taken by the British troops, 1842. Anti-foreign riot atNanking, 1891. Capt. Doisy, French aviator, reached Canton, 1924. 19 19 Disastrous surprise of a French sortie in Tonkin led by Commandant Riviere and death of the latter, 1883. Fri. 20 Forts at mouth of Peiho captured by British and French forces, 1858. The Canton Mint commenced striking silver coins, 1890. 21 21 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. Sun. 22 ROOATION SUNDAY. Foreign factories at Canton pillaged, 1841. Opening of new Medical School of Hongkong University, 1919. U.S. Legation at Tokyo burned down, 1863. Mon. 23 Tues. 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. Wed 25 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, 1916, British Chamber of Commerce inaugurated at Shanghai, 1915. Thurs. 26 26 ASCENSION DAY. Death of Grand Secretary Wen-siang, 1876. Fri. 27 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.

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.

Satur. Queen’s Statue, Hongkong, unveiled, 1896. Anti-foreign riots in Szeohuen, 1895.

H.M. Queen Mother of Siam visited Hongkong, 1911.

Sun. SUNDAY AFTER ASCENSION. “Empress of Ireland” sunk and 600 lives lost, including

several prominent Far Eastern residents, in the St. Lawrence River, 1914.

Mon. 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.

Typhoon at Hongkong and Macao; loss of the “Poyang,” with 100 lives near Macao, 1874.

THE CALENDAR FOR 1927

JUNE—30 DAYS

SUN-RISE SUNSET

1st Jih. 38m. 7h. 03m.

lath 5h. 33m. 7h. 08m.

BAROMETER, 1926, AT SEA LEVEL

First Quarter... 7 3 49 P.M. Mean 29.78 inche?

Full Moon ... 15 4 19 P.M.

Last Quarter... 22 6 29 P.M. 1925 RAINFALL 1926

New Moon ... 29 2 32 P.M. 23.3 >5 inches 6.635 inc

^iispiss«==3=

Russo-Chinese Treaty, 1728. Battle of Telissu Russo-Japan War. Russians defeated

n (Canton) of M. Merlin, Gove'rnor-General of Indo-China, 1924.

:d:,T,uTr war ssasw*

in

THE CALENDAR FOR 1927 xi

JCJLY—31 DAYS

THE CALENDAR FOR 1927 xiii

SEPTEMBER-30 DAYS

SUNBISE SUNSET HONGKONG TEMPERATURE

1st 6h. 05m. 6h. 41m. 1925 1926

15t i 6h. 10m. 6h. 28m. Maximum 86.4 86.4

Minimum 77.2 77.6

MOON'S PHASES

Mean ... ... 81.4 81.5

BAROMETER, 1926, AT SEA LEVEL

First Quarter .. 44 P.M. Meau 29.81 inches

Full Moon 54 P.M.

Last Quarter .. 1925 RAINFALL 1926

New Moon 11 A.M. 9.940 inches 17.300 inches

IDAYS OF 8&9

I MONTH MOONS CHRONOLOGY OF REMARKABLE EVENTS

Thurs. 1 6 Foundation-stone of Gap Rook 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 fire, wrought

terrible havoc to life and property in Yokohama, Tokyo and surrounding districts, 1923.

1879. Kiaochau declared a free port, 1898. Japanese occupied Lioa-yang, capturing

vast stores of ammunition and provisions, 1904.

•Satur. 3 Hongkong Plague proclamation revoked, 1894. Disastrous floods at Shanghai, 1904.

Sun. 4 Attack on the forts at Shimonoseki, Japan, by the allied fleets under Admiral Kuper, 1864.

Anglo-Chinese Commercial Treaty signed, 1902.

10

11 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, 190-2.

Wed. 7 12 Attack on Dr. Greig, near Kirin, by soldiers, 1891. War breaks out in Cnina between

Chihli and Fengtien factions, 1924.

Thurs. 8 13 Great typhoon in Hongkong, 1867. H.I.H. Prince Tsai Hsun visits Hongkong', 1909.

flj’ri. 9 14 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, 191ti. Chinese Government announces its intention to assume the administra-

tion of Russian Concessions and Russian Government property in China, 1920.

■Satur. 10 15 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.

Sun. 11 16 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.

12 17 Convention signed at Chefoo by Sir Thomas Wade and Li Hung-chang, 1876

13 18 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.

Wed. 14 19 Chinese transport “ Waylee” driven ashore on Pescadores; upwards of 370 lives lost, 1887.

Death of Sir John Jordan, in London, 1925.

Thurs. Ifi 20 New Convention between Germany and China ratified at Peking, 1881.

‘Fri. 16 21 The battle of the Yalu, in which the Chinese were defeated by the Japanese, losing five

vessels, 1894.

Satur. 17 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.

Sun. 18 23 Typhoon at Hongkong, the most disastrous in the Colony’s history, 1906.

Mon. 19 24 Allied Generalissimo reached Hongkong, 1900. Riots at Kumchuk, Kwangtung, 1900.

Farewell parade of Hongkong Police Reserve, formed during the war, 1919.

Tues. 20

Wed. 21 26 Count von Waldersee reached Shanghai 1900. Sir Robert Hart died, 1911. Typhoon at

Swatow, 1891.

Thurs. 22 27 Chinese Govt, signed a contract with Messrs. Samuel & Co., of London, for a loan of

310,000,000 for the development of Hankow, 1914. Appeal at Government House for

31,500,000 to meet immediate needs of Hongkong University, 1919. Major Zanni, Ar-

gentine aviator, reaches Hongkong, 1924.

Fri. 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.

Satur. 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, then-

leader, Saigo, killed, and the insurrection suppressed, 1877. Bomb thrown at Chinese

Commissioners when about to leave Peking for Europe, 1905.

Sun. 30 Arrival of Governor Sir Henry A. Blake in Hongkong, 1898. Jubilee of Dr. AL. H. Graves,

missionary labours at Canton celebrated, 1906.

Mon. 1 Lord Napier arrived at Macao dangerously ill, 1834.

Commissioner Lin degraded, 1840. Lord Kitchener in Hongkong, 1909.

Wed.' 3 Yellow Riverburst its banks in Honan; calamitous inundation, 1887. H. A.

wrecked near Hainan Strait, 1910.

Thurs. 29 Hurricane at Manila, causing immense damage to shipping, 1865. S.S. “Charterhouse

foundered in a typhoon off Hainan Head, 70 persons drowned, 1906. .

Fri. 30 AlltheBogue forts destroyed by the British fleet, 1841. S.S. “Hsiesho” sank after striking

amine in Pechili Gulf, 1905,

xiv THE CALENDAR FOR 1927

OCTOBER—31 DAYS

SUNRISE SUNSET HONGKONG TEMPERATURE

1st 6h. 15iu. 6!i. 12u\ 19'5 1926

lith 6h. iym. 5h. 59aj. Maximum 80.2 79.0

Minimum 71.7 70.9

Mean ... 75.4 74.5

MOON’S PHASES

d. h. BAROMETER, 1926, AT SEA LEVEL

First Quarter... 4 10 Mean 29.97 inches

Full Moon ... 11 5

Last Quarter... 17 10 1925 BAINFALL 1926

New Moon ... 25 1' 3,165 inches 3.^1!) inches

DAYS OF DAYS OF 9 & 10

WEKK MONTH MOONS CHRONOLOGY OF RF.MARKABLK EVENTS

Satur. 1 6 The Hongkong Daily Press started, 1857. Inauguration of Hongkong College o,

Medicine, lfc>87. Hyogo declared an open port, 1892. Gold Standard adopted in JapanF

1897. British Section, Canton-Kowloon Railway opened, 1910. Arrival in Hongkong

of H.E. SirR. E. Stubbs to assume the Governorship, 1919.

Sun. 2 Tamsui bombarded by French, 1884. Piracy of s.s. Ningshin near Wenchow, 1924.

Mon. 3 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.

Tues. i 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.

Wtd. 5 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.

Thurs. 6 11 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

Fri. 7 a Bill to prevent trading with the enemy, 1914.

Satur. 8 13 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.

Sun. 14 Shanghai captured, 1841. Chinhai taken, 1841. Official inspection of Tientsin-Kaiping Rail-

way , 1888. Shanghai-Woosung Railway placed under Chinese control, 1904.

Mon. 10 15 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.

Tues. 11 16 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.

Wed. 12 Revolt in the Philippines, 1872. Eight Chinese banks in Peking suspended payment, 1910.

Thurs. 13 Ningpo occupied by British forces, 1841. First railway in Japan officially opened by the

Mikado, 1872. Allies capture Paotingfu, 1900.

Fri. Explosion on the Chinese trooper “ Kungpai,” loss of 500 lives, 1895.

Satur. 20

Sun. 21 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.

Mon. 22 St. John’s Cathedral, Hongkong, dedicated, 1842. Daring piracy on board the British str.

“ Greyhound,” 1885.

Tues. At a meeting of the Chartered Mercantile Bank of India, London and China, a scheme

of reconstruction was approved, 1892.

Wed. Great fire in Hongkong, 1859. Great typhoon at Formosa, 1861. Japanese Government

welcomed American Battleship Fleet, 1908.

Thurs. 25 Terrific typhoon at Manila ; enormous damage to property, 1882. The Shanghai and

Woosung railway closed by the Chinese Government, 1877.

Fri. 26 H.R.H. Prince Alfred arrived at Shanghai, 1869. Cosmopolitan Dock opened, 1875.

27 58 piratical vessels destroyed by Captains Hay and Wilcox, H.M. ships “Columbine” and

“Fury,” 1849. Hongkong Legislative Council voted 3100,000 to the Prince of Wales’

National Relief Fund, 1914. Arms and ammunition consigned to India by Germans

discovered at Shanghai, 1915.

King Chulalongkorn of Siam died, 1910. Gen. Feng Yu Hsiang deserts Wu Pei-fu, takes

possession of Peking, 1924.

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.

Fri. Note presented from the Powers to China advising the suspension of the monarchical»

movement, 1915.

29 Portuguese frigate “ D. Maria II.” blown up at Macao, 1850.

Sun. 30 Great lire in Hongkong, 1866. Fenghuang taken by the Japanese, 1894. Chinese Govern-

ment welcomed American Battleship Fleet at Amoy, 1908. Great battle at Shanhai-

kuan between Fengiien and Chihli forces, 1924.

H.R.H. Prince Alfred arrived at Hongkong, 1869. Sir R. E. Stubbs, Governor of Hong-

kong, leaves for Home, 1925.

THE CALENDAE FOE 1927

NOVEMBER—30 DAYS

SUNRISE SUNSET HONGKONG TEMPERATURE

... 6h. 27m. 5h. 47m. 1925 1926.

... 6h. 35m. 5h. 40m. Maximum 76.9 83.0

Minimum 68.6 60.9

Mean 71.9 68.9

MOON’S PHASES

d. h.

Firtt Quarter... 2 11

Full Moon ... 9 2

1 ast Quarter... 16 1

New Moon ... 24 6

CHRONOLOGY OF REMARKABLE EVENTS

ALL SAINTS DAY. The port, of Quinhon, Anriam, opened to foreign trade, 1876. Riotous dis-

turbances at HoDgkong eounected with the boycott of Japanese goods, 1908. Mr.

C. Climenti, New Governor, arrives in Hongkong, 1925.

Wreck of the U.S. cruiser “Charleston” off North Luzon. Wireless telegraph ervice

opened between Macao and Hongkong. 1920.

Great Britain commenced the first war with China by the naval action of Chuen-pee, 1839.

Hongkong Jockey Club formed, 1884. President Tsao Kun forced to rtsign, 1924.

Great fire at Macao, 600 houses burnt, 1834. Peking evacuated by the Allies, 1860.

President Yuan Shih Kai proclaimed Kuc mintang a seditious organisation and unseated

438 members of Parliament, 1913. Manchu Emperor evicted from Imperial Palace and

Abdication Agreement revised, 1924.

English and French Treaties promulgated in the Peking Gazette, 1860. Indo-China

str. “Tingsang” wrecked in Hainan Straits.

Fall of Tsingtao (o 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 Island, 1914.

Statue of Sir Arthur Kennedy unveiled in the Botanic Gardens, Hongkong, 1887. Assas-

sination of Admiral Tseng Ju-cheng at Shanghai, 1916. Coronation of Emperor

Yoshihito of Japan, 1915.

H.M.S. “Racehorse” wrecked off Chefoo in 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.

Satur. Hongkong first lighted by gas, 1864. The Foreign Ministers had audience within the

Palace, Peking, 1894.

Bun. Earthquake at Shanghai, 1847. Macao Boundary Delimitation Conference at Hongkong

interrupted, 1909.

■Mon. Convention signed between Russia and China, 1860. Celebration of Shanghai Jubilee,

1893. Germans took possession of Kiaochau Bay, 1897. Death of the Chinese Emperor

Kwang Hsu, 1908. Armistice celebrations in Hongkrng, 1918.

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.

Shanghai opened to foreign commerce, 1843. Celebration of Shanghai Jubilee, 1893.

Great fire in Hongkong, 1867. First section Shanghai-Nanking railway to Naziang opened.

General strike of printers commenced in Hongkong, 1911.

Important Harbour Improvement works at Macao announced, involving an expenditure

of over $10,000,000, 1920. 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 tohongkong by 60 pirates, who had gone aboard as passengers. i922. 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 Hongkong, 1903. Rebels repulsed at Hankow, 1911. Terrible boiler explosion on board the str. “ Yesso” in H.K. harbour, 86 lives lost, 1877. ! r,—s " fficial members of Hongkong Licensing Board as aprr ’ e in restoring the licences of the Peak and Grand I Chinese commenced boycott of trams in Hongkong which lasted seven weeks, 1912. Death of the Hon. Mr. E. A. Hewett, 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. 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$100,000 towards relief of distress, 1916.

Edict issued by the Viceroy of Canton forbidding trade with British ships, 1839.

AUVENT SUNDAY. M. Thiers accepts the apology of Ch’ungHow, the Chinese Ambassa-

dor, for the murder of the French at Tientsin (June 21st, 1870), 1871.

MOD. Foreign factories burnt at Canton, 1856. Great fire in Hongkong, 1867. Blake Pier,

Hongkong, opened, 1900.

' Tues. Opening of the Japanese Diet at Tokyo by the Emperor in person, 1890. Revolt of

troops at Macao, 1910,

Wed. 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.

xvi THE CALENDAR FOR 1927

DECEMBER—31 DAYS

SUNRISE SUNSET HONGKONO TEMPERATURE

6n. Aim. 5h. 38m. 192o 1926

bh. 5 >m. oh. 41 m. Maximum 68.3 76.5

Ih. 03m. Sh. 49m. Minimum 58.3 43.2

Mean 62.9 62.7

First Qaarter

Full Moon

Last Quarter

New Moon 1925

First Quarter 0.225 inches

Queen Alexandra born, 1844.

b>i. 2 9 Large public meeting at City Hall, Hongkong, approves of new Club for joint use of

eivilans, and services under Y.M.C.A. management, as the main War Memorial of the-

Colony, 1920. Scheme droppe 1 later.

Satur. 10 S. Francis Xavier died on Sanchoan, 1552.

Sun. 11 2ND IN ADVBKT. First census of Hongkong taken, population 15,000, 1841.

12 Six foreigners killed at Wang-chuh-ki, 1847. Soochow re-taken by the Imperialists-

under General Gordon, 1863. The Japanese warship “Unebi-kan" left Singapore

and not heard of again, 1886.

Xues. 6 13

Wed. 14 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,.

1920.

Thurs. 15

Fri. 9 16 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.

10 17 Piracy on board the Douglas str. “ Namoa,” five hours after leaving Hongkong.

Captain Pocock and three others murdered and sev eral seriously wounded, 1890.

Arrival in Hongkong of Governor Sir William Robinson, 1891. Formal transfer o£

administration of former leased territory of Kiaochow by Japan to China, 1922.

3RD IN ADVENT. Indemnity paid by Prince of Satsuma, 1863. Admiral Bell, U.S.N.,

drowned at Osaka, 1867.

Imperial Decree stating that the Foreign Ministers at Peking are to be received in

audience every New Year, 1890.

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.

Wed.

Thurs. All Roman Catholic Priests (not Portuguese) expelled from Macao, 1838. Hongkong Prize-

Court condemned German steamer “ Tannenfels,” seized as a prize by the destroyer

“ Chelmer,” 1914.

Fri. 23 Memorial Stone of New Harbour of Refuge at Mongkoktsui laid by H.E. Sir Henry

May, 1915.

17 24 United States District Court for China opened at Shanghai, 1906. Sir W. Des Voeux,

formerly Governor of Hongkong, died, 1909. H.E. Sir R. E. Stubbs inspects Hong-

kong Defence Corps on its last parade, 1919. Coastal shipping strike at Hongkong,.

Sun. 18 4TH IN ADVENT. Sir Hugh Gough and the Eastern Expedition left China, 1842.

Mon. 19

Tues. 20 Arrival of Princes Albert Victor and George of Wales at Hongkong in the “ Bacchante,”

1881. Two cotton mills destroyed by fire at Osaka, 120 persons burnt to death,

1893. Tuan Fane murdered, 1911.

Wed. Steam navigation first attempted, 1736.

Thurs. Two Mandarins arrived at Macao with secret orders to watch the movements of

Plenipotentiary Elliot, 1836.

Fri. 23 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.

Satur. i 24 i British Consulate at Shanghai destroyed by fire, 1870.

Sun. | 25 2 CuaisTMAS DAV. Great fire in Hongkong, 368 houses destroyed, immense destruction-

of property, 1878.

Mon. I 26 3 BANK HOLIDAY. ST. STEPHEN. Great fire at Tokyo, 11,000 houses destroyed, 26

lives lost, 1897.

BOXING DAY. Dedication of Hongkong Masonic Hall, 1865.

Wed9.' Canton bombarded by Allied forces of Great Britajai and France, 1857. S S. “ Hy-

drangea” pirated by passengers in Bias Bay on her way from Hongkong to Swatow,.

Thurs. ^ 29 6

Fri. ; 30 7

Dr. Sun Yat Sen elected Provisional President of the Republic of China, 1911.

CHINESE FESTIVALS AND OBSERVANCES IN 1927 xvit

1927

Jan.

6 Slight Cold.

21 Great Cold.

26 Worship of the god of the hearth at nightfall.

27 The god of the hearth reports to heaven.

Feb.

2 Chinese New Year’s Day.

6 Beginning of Spring.

16 Feast of Lanterns, F5te of Shang-yuen, ruler of heaven.

19 Coming of Eain.

Mar. 6 Mencius born, B.C. 371. Fete of the gods of land.

6 Excited Insects. Fete of the god of literature, worshipped by students.

16 Fete day of Hung-shing, god of the Canton river, powerful to preserve-

people from drowning, and for sending rain in times of drought.

21 Vernal Equinox,

22 19 F6te of Kwanyin, goddess of mercy.

Apr. 4 III. Moon 3I Fete of Hiuen T’ien Shang-ti, the supreme ruler of the sombre heavens-

and of Peh-te, Tauist god of the North Pole.

6 Tsing-ming or Tomb Festival; on this day people worship at their-

ancestors’ graves.

21 Corn Eain.

24 Fete of Tien Hen, Queen of Heaven, Holy mother, goddess of sailors.

May 6 Beginning of Summer.

17 Fete of Kin Hwa, the Cantonese goddess of parturition.

22 Small Fullness.

June 4 National fete day. Dragon boat festival and boat races.

7 Sprouting Seeds.

12 National fete of the son of Kw&n Ti, god of war.

14 Anniversary of the Formation of Heaven and Earth.

22 Summer Solstice.

July 8 Slight Heat.

17 F6te of the Goddess of Mercy.

22 Fete of Kwan Ti, god of war.

24 Great Heat.

29 First day of the seventh moon. During this moon is held the festival of all

souls, when Buddhist and Tauist priests read masses to release souls-

from purgatory, scatter rice to feed starving ghosts, recite magic-

incantations accompanied by finger play imitating mystic Sanskrit

characters which are supposed to comfort souls in purgatory, burn

paper clothes for the benefit of the souls of the drowned, and

visit family shrines to pray on behalf of the deceased members of

the family. Exhibitions of groups of statuettes, dwarf plants, silk

festoons, and ancestral tablets are combined with these ceremonies

^ which are enlivened by music and fireworks.

Aug. 4 7 Fete of the seven goddesses of the Pleiades, worshipped by women.

8 11 Beginning of Autumn.

12 15 F4te of Chung Yuen, god of the element earth.

19 22 F§te of the god of wealth.

24 27 Heat Abating.

Fete of Ti Ts’ang-wang, the patron of departed spirits.

VIII. Moon

Sept. 9 14 White Dew.

10 15 National fete day. Worship of the moon, and Feast of Lanterns.

20 25 Fete of the god of the Sun.

22 27 Fete of Confucius (born 552 B.C.), the founder of Chinese ethics and politics^.

24 29 Autumnal Equinox.

Oot. 4 IX. Moon 9 Chung Yang Festival, kite-flying day; people on this day worship at their-

ancestors’ graves and ascend mountains for pleasure.

9 14 Cold Dew.

23 28 Fete day of Hwa Kwang, the god of fire.

24 29 Frost Descent.

Nov. 8 X. Moon 15 Beginning of Winter. Fete day of Ha Yuen, the god of water.

23 | 30 Slight Snow.

Dec. 8 XI. Moon 15 Heavy Snow.

23 | 30 Winter Solstice.

xviii BANKS

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(On December 31st, 1925)

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Travellers’ Office: 88, Champs Elysees, PARIS

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Banque Franco-Chinoise

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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 et des Pays-Bas.

G. ARGELLIES.

R. J. AUDAP, Manager, Banque L. PISS ART), Former

Secretary, Permanent

Home Office, Assistant

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Nationale de Credit, Paris.

M. CASENAYE, Minister Plenipotentiary. H. POIRIER, Director, Banque Fran-

J CHEVALIER, Manager, Banque de qaise & Italienne pour l’Amerique

Paris etBanker,

des Pays-Bas. DU SUD.

A. FURST, Paris. E. REGNAULT,

d’Algerie etDirector, CreditParis.

de Tunisie, Foncier

M. E. GR AMMONT, Manufacturer, Saigon. R. SALLE. '

E.E. OUDOT,

OGIER, Former State Minister.

Manager, Banque de Paris TAT MING FOU, First Secretary, Chinese

et des Pays-Bas. Legation, Brussels.

A. DE CELLES, French Government Commissioner.

G. CARRERE, General Manager.

Branches:—

r PARIS r SAIGON r PEKING

France: - LYONS Indo- J HAIPHONG China. -IJ SRA HONGKONG*

nGHAI

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Bankers:—

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Societe Generate pour Favoriser le Commerce et l’Industrie.

London:

Midland Bank, Ltd. (Overseas Branch). J Banca Commerciale Italiana.

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COURT OF DIRECTORS:

CHAIRMAN—Hon. Mr. D. G. M. BERNARD.

W. H. BELL, Esq.DEPUTY CHAIRMAN—A. I H.J.COMPTON,

A. PLUMMER,Esq. Esq.

Hon.W.Mb.L. A.PATTENDEN,

O. LANG. Esq. | T. G. WE

H. P.ALL, Esq. Esq.

WHITE,

G. M. YOUNG, Esq.

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AMOY

BANGKOK HONGKONG

ILOILO PENANG

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COLOMBO LYONS SINGAPORE

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TSINGTAU

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PEKINGYORK YOKOHAMA

ACTING CHIEF MANAGER: Hongkong—A. C. HYJSES.

MANAGER: Shanghai—A. B. LAWSON.

LONDON OFFICE-9, GRACECHURCH STREET.

LONDON BANKERS:

WESTMINSTER BANK, LIMITED.

HOIMOKOIVO.

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Rates may be ascertained on application.

LOCAL BILLS DISCOUNTED.

Credits granted on approved Securities, aud every description of Banking and

Drafts granted on London and the chief commercial places in Europe, India,

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A. C. HYNES.

Hongkong, March, 1927. Acting Chief Manager.

■xxii BANKS

Chartered Bank of India, Australia and China

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Sir MONTAGU CORNISH TURNER, EDWARD FAIRBAIRN MACKAY, Esq.

Chairman. Wm. FOOT MITCHELL, Esq, m.p.

HENRY BATESON, Esq.

•COLIN FREDERICK CAMPBELL, Esq. ARCHIBALD ROSE, Esq, c.i.e.

Sir Wm. H. NEVILLE GOSCHEN, k.b.e. LEWIS ALEXANDER WALLACE, Esq.

ARCHIBALD AULDJO JAMIESON,Esq. JASPER BERTRAM YOUNG, Esq.

Ctiief manager

W. E. PRESTON

J. S. BRUCE managers G. MILLER

I

Sub-manager

J. L. CROCKATT

Auditors

DAVID CHARLES WILSON, f.c.a.

HENRY CROUGHTON KNIGHT STILEMAN, f.c.a.

Bankers

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Agencies and Branches

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:xxiv BANKS

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OF

NEW YORK.

Capital, Surplus and Undivided Profits - - U.S. G. $140,000,000 Commercial and Travellers' Letter of Credit, Travellers' Cheques, Bills of Exchange and Cable Transfers bought and sold Current accounts and Savings Bank accounts opened and Fixed Deposits in local and foreign currencies taken at rates that may be ascertained on application to the Bank. Head Office i— 55, WALL STREET, NEW YORK. Branches ini— ARGENTINE CUBA ITALY PERU PORTO RICO BELGIOM DOMINICAN JAPAN STRAITS BRAZIL REPUBLIC JAVA SETTLEMENTS CHILE FRANCE LONDON URUGUAY •CHINA INDIA PANAMA VENEZUELA We are also able to offer our Customers the services of the Branches of the International Banking Corporation in San Francisco, Spain and the Philippine Islands. GEO. HOGG, Hongkong. 7th January, 1927. Manager. BANKS XXV IS » * 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—Heito, Giran, Kagi, Karenko, Keelung, Makong, Shinchiku, Taichu, Tainan, Takao. Tamsui, Toyen, Manto, Taito. China—Amoy, Canton, Foochow, Hankow, Shanghai, Swatow. Others—Hongkong, London, Mew 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. Cable Address: “TAIWANGINK, HONG KONG.” T. TAKAGI, Manager, xxvi BANKS HONGKONG SAVINGS BANK. ):o:( The Business of the above Bank is conducted by tlie HONGKONG AND SHANGHAI BANKING CORPORATION.. Buies may be obtained on application. INTEREST on Deposits is allowed at 3£ Per 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.

For the Hongkong and Shanghai Banking Corporation,

A. C. HYNES,

Hongkong, March, 1927. Acting Chief Manager.

The Bank of Canton,

Limited.

Authorized Capital Hongkong $i 1,000,000 Capital, Paid Up$8,664,200

Reserve Fund ,., $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 POO IMG SHAIM, Chief Manager. SHIPPING xxvii 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. SHIPPING IttWs&jira Steam jaMgation Co., pti. Fleet:—39 Steamers. 103,800 Gross Tons. TheKumsang, Company’s Namsang,Ocean Laisang, and Mausang,Coasting Suisang, FleetSteamers: Yuensang, Foohsang, JTt^sang,Ch'Hosting, Hinsang, iTtsang, Kwaisang, Kwongsang, Fuoshing, Yatshing. Tingsang, Fausang, shing, Chipshing, Waishing, Yusang, Leesang and Mingsang. Hopsang, Hangsang r Qheong- TheLuenho, Company’s Yangtsze River Fleet:—Steamers: Kvngwo, Loongwo. Tuclcw&r Siangwo.Suiwo, Pingwo, Kulwo, Kiangwo, Tungwo, Changwo, Fuhwo, Kingvio, Kiawo and SERVICES. ,i SHANGHAI To HANKOW a Jardine, Matheson & Co., Limited, General Managers, Hongkong and Shanghai. SHIPPING xxix 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, Java 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 & Australia. For Full Particulars Apply: — Messrs. BUTTERFIELD & SURE, { Messrs. MANSFIELD k Co., Ltd., {Pes7„”ed XXX SHIPPING When You Travel or Ship Freight To Canada, United States or Europe Use Canadian Pacific Steamships Gross Tonnage. Displacement Tonnage. Empress of Canada ... 21,500 32,300 Empress of Asia 16,900 25,200 Empress of Russia ... 16,800 25,400 These magnificent ships, the Giants of the Pacific, hold record time to the Pacific Coast—and at no additional cost you have the advantage of Canadian Pacific Service, the highest transportation standard of the world. You can reach the Pacific Coast from Hongkong in 18 dags, from Shanghai intta 15 dags, and from Japan in 9 dags. Through Tickets and Bills of Lading issued to points in the U.S.A., Canada, and Europe. Tickets to Europe at Special Rates. Canadian Pacific Express Co. Takes Charge of Shipments of Everg Kind. For safety and convenience carry your funds in Canadian Pacific Express Travellers Checks. Issued at any Canadian Pacific Office. Payable the World Over. Apply to CANADIAN PACIFIC Hongkong, Manila, Shanghai, Tientsin, Nagasaki, Kobe, Yokohama and Tokyo. SHIPPING xxxi Douglas Steamship Companp, Oi HONG KONG 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 Hong Kong to Foochow (Pagoda Anchorage) and Return by the same steamer at the reduced Rate of$80.00 including Meals while the

steamer is in port.

FLEET OF STEAMERS:—

“HAINING” Tons 2,300

“ HAIYANG ” „ 2,289

“ HAICHING ” „ 2,080

“ HAIHONG ” „ 2,067

For Freight and Passage apply to:—

DOUGLAS LAPRAIK & Co.,

General Managers,

20, Des Voeux Road Central, Hong Kong.

Agents at Coast Ports:—

At Amoy—Messrs. DOUGLAS LAPRAIK & Co.

At Swatow and Foochow—Messrs. JARDINE, MATHESON & Co., Ltd.

XXX11 SHIPPING AND RAILWAYS

GLEN and SHIRE

JOINT SERVICE Of STEAMERS

DIRECT TO

STRAITS* CHINA & JAPAN

FROM

HAMBURG, MIDDLESBORO, IMMINGHAM, ROTTERDAM,

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 0457-8. Telegrams: "MACGREGOR.”

For Outward Freight or Insurance, Apply to the Brokers:—

McGregor, gow & Holland, ltd., 20, Bimter street, e.g. 3.

Tel. No. 8560 Avenue (7 lines). Telegrams: "EASTWARDLY, LONDON.”

And at Manchester, Hull, Immingham, Liverpool, Southampton,

PEKIIMG-MIJKDEIM RAILWAY.

CHINESE GOVERNMENT RAILWAYS.

THROUGH

CHURIA Service

EXPRESS betweenandPeking and Mukden ROUTE.

TRANS-SIBERIAX connecting AtwithPeking

the SOUTH

connection MAN-is

mediate with PEKING-HANKOW RAILWAY for ITankow and Yangtsze Ports, and

also inter-

Pekingpoints

atTientsin withreached

(Central)

by the CHEN-TAI

the connection

Picturesque KALGAN

LINELINE—"

with

to Tai-Yuan-Fu.

TIENTSIN-PUKOW

isWall.”

At

for

Tsinanfu

The and Shanghai.

Railways of North China pass through the most interesting part of China:—Peking,

the Capital,

North China;withtheits Walls,the

Tangshan, Palaces,

largestTemples andandTombs; Tientsin,

Town the

Shanhai-of

kuan where

Manchuria; Mukden, Greatthe Wall

Ancestral atMining

endsHome theof the Industrial

Sea;Manchu

Newchwang,

Dynasty,theabusy

Country;

Commercial

miniature Peking,Portwitbof

its Wall, ImperialResort

The Health Palaces,of Temples

Peitaihoand(Beach

Tombs. Station) is an ideal place for the Summer

Holidays and

The Throughhas direct communication during the Summer Months.Car Service and comfortable

Sleeping Cars TicketsTrains

Through are

are equipped with Buffet

issued and Passengers’

and Dining

Baggage registered through

portant

CHOSEN Stations

(Korean) on the

and PEK1NG-MUKDEN

IMPERIAL JAPANESE RAILWAYGOVERNMEN SOUTH between

and thel’ RAILWAYS. MANCHURIA, the im-

‘ For Information

Travellers’ regarding”the many

MapsPlaces ofuseful.

interestItinis China, Tourists

at anywillof Bureau,

findOffices

“ The-

Thos. Handbook

ofShanghai Cook & for

Son,China

Commercial

with

Theand

American

Savings

mostExpress

Bank, Co., obtainable

Hotels, Japan

Clubs Tourist

and at

the

all the Im-

portant Stations.

Full Particulars on Application to any of the Stations or to the

Traffic Manager, PEKING-MUKDEN RAILWAY, TIENTSIN.

KAILWAYS xxxiii

Chinese GoDernment Rallu)ap$t TIENTSI8M«PUKOW LINE. DRAWING-ROOM CAR ON THROUGH EXPRESS OF TIENTSIN-PUKOW RAILWAY. THIS Line runs through CHIHLI, SHANTUNG, ANHUI and KIANG- SU, the Four Most Important and Thickly Populated Provinces of the Country, touching many Commercial and Industrial Centres, Coal-fields and Places of Historic and Scenic Interest. Among the last the Most Significant are: CHUFOU, the Birth and Burial Place of CON- FUCIUS, with the Former Residences, Relics and Temples of the Great Sage and- his Disciples; TAISHAN, the First of the Five Sacred Moun- tains in China, with its Famous Flight of Steps and numerous Tombs, Monuments and Temples; the. TAMINGHU (Lake) in TSINANFU, the Capital of SHANTUNG; and the SZESUI Bridge at YENCHOWFU, a Bridge about 800 feet long and running over 15 Culverts of Stone, a Relic of-the MING DYNASTY. It affords the Quickest and Most Convenient Rail Connection between SHANGHAI, the Great Port of the East, on the One Side of TIENTSIN, and PEKING, KALGAN, MUKDEN and the TRAN-SIBERIAN Route on the other. Its Trains are furnished with Up-to-date Equipment, thus ensuring all facilities and comforts of Modern Railroad Travelling. The THROUGH EXPRESS and the MAIL TRAIN, with Dining Cars attached, are Run Daily. First and Second Class Sleeping Accommodation is provided on the EXPRESS TRAINS. For convenience of Travellers the Railway has at great expense put up First-class Hotels fitted with every modern comfort at TSINANFU, TAIANFU and CHUFOU. For further and detailed Particulars apply to:— Messrs. THOMAS COOK & SON or the AMERICAN EXPRESS Co., At any of their Agencies. xxxiv RAILWAYS First Class Cuisine Rapid travel in at Reasonable Charges. Safety and Comfort. CDinese Gooernment Railioaps* Shanghai-Nanking arid Shangfhai-Hangchow-Ningpo Lines. THESE TWO RAILWAYS HELP TO FEED THE LARGEST COMMERCIAL CITY OF THE FAR EAST, AND IN THIS CAPACITY ARE OF VITAL IMPORTANCE TO THE TRADE OF CENTRAL CHINA. A Service of well equipped Express and Fast Trains on each line com' bined with the most picturesque scenery and good shooting areas make the places they reach very attractive to Tourists and Sportsmen. Fast and Express Trains Rum Daifiy Between Shanghai. Soochow, Wusih, Changchow, Tanyang, Chinkiang and Nanking on the SHANGHAI-NANKING LINE, and Shanghai (North or South Stations) Sungkiang, Fungching, Kashai, Kashing, Yehzah, Changan, Konzenchiao, Hangchow and Zahkou on the SHANGHAI- HANGCHOW-NINGPO LINE. The Numerous Ancient Tombs, Historica! Monuments, and Interesting Pagodas, etc., alongllThese Two Lines are Well Worth Seeing. Reduced Rates for Picnic and Other Parties will be quoted on Application to the Traffic Manager, Shanghai North Station, Tel. No. 900. CEMENT MANUFACTUKEKS XXXV INDO-CHINA PORTLAND CLINT 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, SOLID AND ENDURING CONSTRUCTION XXXVI MERCHANTS fl * K * tt ^ Established Capital 1900 A.D. H.K.$7,000,000

% % ft ft

M Mi m m

Id A ® it

m m I m

m {&

% ^

%' '4i

m m

^ &

n m ^ m

THE SINCERE Co Ltd.

TIENTSIN, HONG KONG, SHANGHAI, CANTON, LONDON.

China’s Pioneer Department Store

General Managers of

THE SINCERE INSURANCE & INVESTMENT Co., Ltd.

THE SINCERE LIFE ASSURANCE Co., Ltd.

THE SINCERE Co. (PERFU31ERY MANUFACTURERS), Ltd.

Arculli Brothers,

MERCHANTS and COMMISSION AGENTS,

Telegraphic Address: “CURLY.” Telephone No. 409.

SOLE AGENTS EOR

Messrs. BERNA MILK Co. of Thoune, Switzerland.

“ACORN BRAND” ELASTIC BOOT WEB and BOOT

LOOPING of Messrs. Flint, Pettit & Flint, of

Leicester, England.

MERCHANTS xxxvii

“The Largest Department Store in China.’’

The WING ON Co.

(SHANGHAI), LIMITED.

P.O. Box 567. CocSes Used :

A.B.G. Codes 5th & Sth editions,

“WIWGON.” 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

Lf H I# Kai Chong Hong

KAI CHONG 8 CO.,

GENERAL. MERCHANTS AND COMMISSION AGENTS, PHOTOGRAPHIC

GOODS AND SPORTING GOODS DEALERS.

13, Avenida Almeida Ribeiro, MACAO.

P.O. Box 36. Tel. Ad: “CHAL” Codes: Bentley’s, A.B.C. 5th Edn.

TSOI HAK TING, Proprietor. WING KWONG CHAI, Manager and Propriety.

HO KWOK PHI. YUNG SING TAK.

Sole Agents—JAEGER & KIESSLICH, BERLIN, GERMANY.

W. GILBERTSON & Co., Ltd., PORTARDAWE, Nf. SWANSEA.

London Address; Bush House, Aldwych W.C. 2.

xxxviii COAL MERCHANTS, ETC.

X^X

MITSUI BUSSAN KAISHA, Ltd.

TOKYO.

(Mitsui & Co., Ltd., in Europe & America.)

IMPORTERS, EXPORTERS, GENERAL COMMISSION-

MERCHANTS AND SHIPBUILDERS.

Nihonbashihoncho, TOKYO.

JAPAN:— BRANCHES AND REPRESENTATIVES:

KARATSU

KISHIMA MOJI OSAKA WAKAMATSU

KOBE MURORAN

NAGASAKI OTARU YOKOHAMA

KUOHINOTZU NAGOYA SEOUL

TAINAN &c., &c.

MIIKE NIIGATA TAIPEH

OTHER COUNTRIES:—

AMOY DAIREN MUKDEN SHANGHAI

BANGKOK

BATAVIA FOOCHOW NEWCHWANG SINGAPORE

BOMBAY HAMBURG

HANKOW NEW YORK SOURABAYA

CANTON HARBIN RANGOON SYDNEY

CALCUTTA LONDON SAIGON TIENTSIN

CHANGCHUN LYONS SAN FRANCISCO TSINGTAU

G-erher'cil Telegraphic Jl&clress: “ 2£ITSTTT.”

HONGKONG OFFICE:—Prince’s Buildings, Ice House Street. Tel. 2570,1,2.

COAL AND PROVISION MERCHANTS xxxix:

SUN MAN WOO GO.,

(Late Bismarck & Co.: a Chinese Firm.)

NAVAL CONTRACTORS Cable Address: PURVEYORS TO THE - -

“ Bismarck ”

SH1PCHANDLERS, 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. Telephone C309. PUMPS, RAILWAY MATERIALS, &c.

Ships’ and Engine Rooms’ Stores of all Descriptions

Always in Stock at REASONABLE PRICES.

* * *

FRESH CARDIFF AND 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.

xl BREWERIES

ASAH I = BEER

DAI NIPPON lost

BREWERY Co Popular

(UMITED).

And

Capital: Y.12,000,000 Most

Annual Output:

Gall. 15,000,000 Widely

Breweries: Consumed

AZUMABASHI, - In The

TOKYO.

MEGURO, - - -

TOKYO. Orient

HODOGAYA, -

NEAR YOKOHAJIA.

SUITA,- - . .

OSAKA. IVIITSUI

SAPPORO, - .

HOKKAIDO. BUSSAN

tsingtao, - -

CHINA. KA1SHA,

LIMITED.

Heal Office:

GINZA,

TOKYO, JAPAN SOLK AGENTS

Branches: FOR

OSAKA - - - . CHINA,

SAPPORO - - - ORIENTAL

SEOUL . . . . COLONIES,

SHANGHAI - - a n r> INDIA

BOOKSELLERS AND PUBLISHERS xli

Maruzen Co., Ltd.

The largest and

oldest Impor-

ters of Foreign

Books and

Periodicals in

the East.

* * *

The most fam-

ous Publishers

and B o o k-

sellers in the

11-16, Nihonbashi Tori Sanchome,

TOKYO. The most noted and experienced

BRANCHES:— Importers of Foreign Sta-

Tokyo:

Kanda—Omotekimbocho, Kanda. tionery, Dry-Goods, Fancy

Mita—Mita Nichome, Shiba. Articles, etc., in the East.

Waseda—Waseda Tsurumakicho,

Ushigome.

Maru-No-Uchi—Marunouchi Build- The largest Ink Manufacturers

ing, Marunouchi.

Osaka—Bakuromachi Shichome, in the East.

Higashiku.

Kobe— AkashichoBan. 31

Kyoto—San j odori

Fuyacho-Nishi-

ye-iru.

Nagoya— Sakae-

maehiNakaku.

Rokuchome,

Yokohama —

Bentendori Nichome.

Fukuoka— Hakata

Kaminishimachi.

Sendai—Kokubun-

machi Gochome.

Sapporo—Kita-Ha-

chijo Nishi-Yonchome.

BOOKSELLERS

Directory and Chronicle

For

China, Japan, Philippines, British Malaya, etc.

AGEMTS.

London Mr. J. H. G. Murrow, 21, Bride Lane, Fleet Street, E.C. 4

Do Mr. F. Algar, 58, Gracechurch Street, London, E.C. 3

Do Messrs, G. Street & Co., Ltd., 30, Cornhill, E.C.

Paris Messrs. G. E. Fuel de Lobel

bYDNEY f Messrs. Gordon & Gotch, 123, Pitt Street

' Mr. H. A. Goddard, 255a, George Street

Melbourne Messrs. Gordon & Gotch, 124 and 126, Queen Street

Brisbane Messrs. Gordon & Gotcb, Queen Street

Calcutta Messrs. Thacker, Spink & Co., 5 and 6, Government Place

„±50MBAY /“Times of India” Office

1 Messrs. Thacker

Tokyo & Yokohama: Messrs. Maruzen Co., Ltd.

Kobe &. ^Osaka |(Messrs.

Tr Osaka 4J.Kobe

L. Thompson

Prei Kobe& Co., Kobe

Formosa Mr. A. W. Gillingham, Taipeh

Seoul (Corea) “Seoul Press” Office, Seoul

Dairen Mr. F. J. Bardens

Tientsin Peking and Tientsin Times

Chefoo Messrs. Smith & Medlenka.

Shanghai, .fee /Messrs. Kelly & Walsh, Ltd., Kelly & Walsh Building,

Hankow ..Messrs. Ramsay & Co., 23, Tungting Road

Foochow ..Messrs. Brockett & Co.

Amoy ..Messrs. Douglas, Lapraik & Co.

Swatow. ..Messrs. Bradley & Co., Ltd.

Canton ..Messrs. A. S. Watson & Co., Ltd., Shameen

Macao ..Mr. A. A. de Mello

Saigon ..Compagnie de Commerce et de Navigation d’Extreme Orient

Bangkok ...“Bangkok Times” Office

Singapore and | Messrs. Kelly & Walsh, Ltd., 32, Raffles Place

British Malaya

Manila ..Philippine Education Co.

Borneo ..Mr. D. G. Wood, Sandakan

Java ..Enizoms Travelling Dept., Weltevreden

TREATIES, CODES, &c.

1

The PRUDENTIAL

ASSURANCE COMPANY LIMITED

IS THE

LARGEST ASSURANCE COMPANY

IN THE

BRITISH EMPIRE

AND IS

STILL GROWING

THIS COMPANY TRANSACTS

ALL CLASSES OF

IN THE

UNITED KINGDOM

AND

FIRE INSURANCE

- - - ABROAD - - -

Agencies have also been established in:—

Alexandria, Amsterdam, Antwerp, Auckland(N.Z.),

etc., Batavia, Bombay, Buenos Ayres, Cairo, Cal-

cutta, Copenhagen, Halifax (N.S.), Havana, Ham-

burg, Helsingfors, Hobart, Kobe, Manila, Mel-

bourne, Montreal, New York, Oslo, Paris, Perth,

Shanghai, Singapore, St. John’s (N.F.), Sydney,

Toronto, Vancouver, Winnipeg, Yokohama.

CHIEF OFFICE:—HOLBORN BARS, LONDON, ENGLAND.

FUNDS OF ALL BRANCHES EXCEED - £187,000,000 Sterling.

CLAIMS PAID EXCEED £265,000,000 Sterling.

TREATIES WITH CHINA

GREAT BRITAIN

TREATY BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA

SlQNED, IN THE ENGLISH AND CHINESE LANGUAGES, AT NANKING,

29th August, 1842

Ratifications Exchanged at Hongkong, 26th June, 1843

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland

and His Majesty the Emperor of China, being desirous of putting an end to the

misunderstandings and consequent hostilities which have arisen between the two

countries, have resolved to conclude a treaty for that purpose, and have therefore

named as their Plenipotentiaries, that is to say: Her Majesty the Queen of Great

Britain and Ireland, Sir Henry Pottinger, Bart., a Major-General in the Service of

the East India Company, &c.; and His Imperial Majesty the Emperor of China,

the High Commissioners Ke-ying, a Member of the Imperial House, a Guardian of

the Crown Prince, and General of the Garrison of Canton: and 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, &c., and now

Lieut.-General commanding at Chapoo—Who, after having communicated to each

other their respective full powers, and found them to be in good and due form, have

agreed upon and concluded the following Articles:—

Art. I.—There shall henceforward be peace and friendship between Her Majesty

the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the

Emperor of China, and between their respective subjects, who shall enjoy full security

and protection for their persons and property within the dominions of the other.

Art. II.—His Majesty the Emperor of China agrees that British subjects, with

their families and establishments, shall be allowed to reside, for the purpose of carry-

ing on their mercantile pursuits, without molestation or restraint, at the cities and

towns of Canton, Amoy, Foochow-foo, Ningpo, and Shanghai; and Her Majesty the

Queen of Great Britain, &c., will appoint superintendents, or consular officers, to

reside at each of the above-named cities or towns, to be the medium of communication

between the Chinese authorities and the said merchants, and to see that the just

duties and other dues of the Chinese Government, as hereinafter provided for, are

duly discharged by Her Britannic Majesty’s subjects.

Art. III. —It being obviously necessary and desirable that British subjects should

have some port whereat they may careen and refit their ships when required, and keep

stores for that purpose, His Majesty the Emperor of China cedes to Her Majesty the

Queen of Great Britain, &c., the Island of Hongkong to be possessed in perpetuity

by Her Britannic Majesty, her heirs, and successors, and to be governed by such laws

and regulations as Her Majesty the Queen of Great Britain, &c., shall see fit to direct.

Art. IV.—The Emperor of China agrees to pay the sum of six millions of dollar’s,

as the value of the opium which was delivered up at Canton in the month of March,

1839, as a ransom for the lives of Her Britannic Majesty’s Superintendent and sub-

jects who had been imprisoned and threatened with death by the Chinese high officers.

Art. V.—The Government of China having compelled the Britishmerchants trading

at Canton to deal exclusively with certain Chinese merchants, called Hong merchants (or

Co-Hong), who had been licensed by the Chinese Government for this purpose, the

Emperor of China agrees to abolish that practice in future at all ports where British

merchants may reside, and to permit them to carry on their mercantile transactions

with whatever persons they please; and His Imperial Majesty further agrees to pay to

the British Government the sum of three millions of dollars, on account of debts due

1*

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 G-overnment 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 30 th 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 Treaty being received,

and the discharge of the first instalment of money, Her Britannic Majesty’s forces

will retire from Nanking and the Grand Canal, and will no longer molest or stop the

trade of China. The military post at Chinhae will also be withdrawn, but the island

®f 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 TKEATY, 1842—TIENTSIN TREATY, 1858

Art. XIII.—The ratifications of this Treaty by Her Majesty the Queen of Great

Britain, <&c., and His Majesty the Emperor of China, shall be exchanged as soon

as the great distance which separates England from China will admit; but, in the

■meantime, counterpart copies of it, signed and sealed by the Plenipotentiaries on

•behalf of their respective Sovereigns, shall be mutually delivered, and all its provisions

and arrangements shall take effect.

Done at Nanking, and signed and sealed by the Plenipotentiaries on board Her

•Britannic Majesty’s ship Cornwallis this 29th day of August, 1842; corresponding

with the Chinese date, twenty-fourth day of the seventh month, in the twenty-second

year of Taou Kwang. Henby Pottingek,

Her Majesty's Plenipotentiary.

And signed by the seals of four Chinese Commissioners.

TIENTSIN TREATY, 1858

Ratifications exchanged at Peking, 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 provisions having been incor-

porated in this Treaty, the said Supplementary Treaty and General Regulations of

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 perforin 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 Q-overnment 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 has family or establishment, in deed or word, shall be severely punished.

Art. IV.—It is further agreed that no obstacle or difficulty shall be made to the-

free movements of Her Majesty’s Representative, and that he and the persons of his

suite may come and go, and travel at their pleasure. He shall, moreover, have full

liberty to send and receive his correspondence to and from any point on the sea-coast

that he may select, and his letters and effects shall be held sacred and inviolable.

He may employ, for their transmission, special couriers, who shall meet with the same-

protection and facilities for travelling as the persons employed in carrying despatches

for the Imperial Government; and, generally, he shall enjoy the same privileges as-

are accorded to officers of the same rank by the usage and consent of . Western nations.

All expenses attending the Diplomatic Mission of Great Britain shall be borne-

by the British Government.

Art. V.—His Majesty the Emperor of China agrees to nominate one of the

Secretaries of State, or a President of one of the Boards, as the high officer with

whom the Ambassador, Minister, or other Diplomatic Agent of Her Majesty the Queen

shall transact business, either personally or in writing, on a footing of perfect equality.

Art. VI.—-Her Majesty the Queen of Great Britain agrees that the privileges

hereby secured shall be enjoyed in her dominions by the Ambassador, Minister, or

Diplomatic Agent of the Emperor of China, accredited to the Court of Her Majesty..

Art. VII.—Her Majesty the Queen may appoint one or more Consuls in the-

dominions of the Emperor of China ; and such Consul or Consuls shall be at liberty

to reside in any of the open ports or cities of China as Her Majesty the Queen may

coinsider most expedient for the interests of British commerce. They shall be treated-

with due respect by the Chinese authorities, and enjoy the same privileges and

immunities as the Consular Officers of the most favoured nation.

Consuls and Vice-Consuls in charge shall rank with Intendants of Circuit; Vice-

Consuls, Acting Vice-Consuls, and Interpreters, with Prefects. They shall have access-

to the official residences of these officers, and communicate wifh them, either personally

or in writing, on a footing of equality, as the interests of the public service may require.

Art. VIII.—The Christian religion, as professed by Protestants or Roman*

Catholics, inculcates the practice of virtue, and teaches man to do as he would be

done by. Persons teaching it or professing it, therefore, shall alike be entitled to the-

protection of the Chinese authorities, nor shall any such, peaceably pursuing their

calling and not offending against the laws, be persecuted or interfered with.

Art. IX.—British subjects are hereby authorised to travel, for their pleasure or

for purposes of trade, to all parts of the interior under passports which will be issued

by their Consuls, and countersigned by the local authorities. These passports, if

demanded, must be produced for examination in the localities passed through. If

the passport be not irregular, the bearer will be allowed to proceed, and no opposition

shall be offered to his hiring persons, or hiring vessels for the carriage of his baggage-

or merchandise. If he be without a passport, or if he commit any offence against the-

law, he shall be handed over to the nearest Consul for punishment, but be 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

To Nanking, and other cities, disturbed by persons in ai-ms 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 (Tangtsze). 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 far as Hankow, not exceeding three in number, as the British

Minister, after consultation with the Chinese Secretary of State, may determine shall

•be ports of entry and discharge.

Art. XI.—In addition to the cities and towns of Canton, Amoy, Foochow, Ningpo,

and Shanghai, opened by the Treaty of Nanking, it is agreed that British subjects

may frequent the cities and ports of Newchwang, Tangchow (Chefoo), Taiwan

.(Formosa), Chao-chow (Swatow), and Kiung-chow (Hainan).

They are permitted to carry on trade with whomsoever they please, and to proceed

to and fro at pleasure with their vessels and merchandise.

They shall enjoy the same privileges, advantages, and immunities at the said

downs and ports as they enjoy at the ports already open to trade, including the

aright 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

dheir agreement for the land or buildings they require, at the rates prevailing among

the people, equitably and without exaction on either side.

Art. XIII.—The Chinese Government will place no restrictions whatever upon

the employment, by British subjects, of Chinese subjects in any lawful capacity.

Art. XIV.—British subjects may hire whatever boats they please for the

•transport of goods or passengers, and the sum to be paid for such boats shall be settled

♦between the parties themselves, without the interference of the Chinese Government.

The number of these boats shall not be limited, nor shall a monopoly in respect either

of the boats or of the porters or coolies engaged in carrying the goods be granted to

-any parties. If any smuggling takes place in them the offenders will, of course, be

punished according to law.

Art. XV.—All questions in regard to rights, whether of property or person, arising

•between British subjects, shall be subject to the jurisdiction of the British authorities.

Art. XVI.—Chinese subjects who may be guilty of any criminal act towards

British subjects shall be arrested and punished by the Chinese authorities according

■ to the laws of China.

British subjects who may'commit any crime in China shall be tried and punished

by the Consul, or other public functionary authorised thereto, according to the laws

of Great Britain.

Justice shall be equitably and impartially administered on both sides.

Art. XVII.—A British subject, having reason to complain of Chinese, must

proceed to the Consulate and state his grievance. The Consul will inquire into the

merits of the case, and do his utmost to arrange it amicably. In like manner, if a

Chinese have reason to complain of a British subject, the Consul shall no less listen

to his complaint, and endeavour to settle it in a friendly manner. If disputes take

place of such a nature that the Consul cannot arrange them amicably, then he shall

request the assistance of the Chinese authorities, that they may together examine

into the merits of the case, and decide it equitably.

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 TEE ATY, 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, be

plundered by robbers or pirates, it shall be the duty of the Chinese authorities to use

every endeavour to capture and punish the said robbers or pirates and to recover the

stolen property, that it may be handed over to the 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. XXI.—If criminals, subjects of China, shall take refuge in Hongkong or

on board the British ships there, they shall, upon due requisition by the Chinese

authorities, be searched for, and, on proof of their guilt, be delivered up.

In like manner, if Chinese offenders take refuge in the houses or on board the

vessels of British subjects at the open port£, 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. XXY.—Import duties shall be considered payable on the landing of the-

goods, and duties of export on the shipment of the same.

Art. XXVI.—Whereas the tariff fixed by Article X. of the Treaty of Nanking,,

and which was estimated so as to impose on imports and exports a duty of about

the rate of five per cent, ad valorem, has been found, by reason of the fall in value of

various articles of merchandise therein enumerated, to impose a duty upon these-

considerably in excess of the rate originally assumed, as above, to be a fair rate, it is-

agreed that the said tariff shall be revised, and that as soon as the Treaty shall have-

been signed, application shall be made to the Emperor of China to depute a high

officer of the Board of Revenue to meet, at Shanghai, officers to be deputed on behalf

of the British Glovernment, 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 further charges, except a transit duty, the amount whereof was not to

exceed a certain percentage on tariff value; and whereas, no accurate information

having been furnished of the amount of such duty, British merchants have constantly

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 into the interior, to the detriment of trade ; it is agreed that

within four months from the signing of this Treaty, at all ports now open to British

trade, and within a similar period at all ports that may hereafter be opened, the

authority appointed to superintend the collection of duties shall be obliged, upon

application of the Consul, to declare the amount of duties leviable on produce between

the place of production and the port of shipment upon imports between the Consular

port in question and the inland markets named by the Consul; and that a notification

thereof shall be published in English and Chinese for general information.

But it shall be at the option of any British subject desiring to convey produce

purchased inland to a port, or to convey imports from a port to an inland market, to

clear his goods of all transit duties, by payment of a single charge. The amount of

this charge shall be leviable on exports at the first barrier they may have to pass, or,

on imports "at the port at which they are landed; and on payment thereof a certificate

shall be issued, which shall exempt the goods 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 his vessel, but not later, decide to depart without breaking

bulk, in which case he will not be subject to pay tonnage-dues. But tonnage-dues

shall be held due after the expiration of the said forty-eight hours. No other fees or

charges upon entry or departure shall be levied.

Art. XXXI.—No tonnage-dues shall be payable on boats employed by British

subjects in the conveyance of passengers, baggage, letters, articles of provision, or

other articles not subject to duty, between any of the open ports. All cargo-boats,

however, conveying merchandise subject to duty shall pay tonnage-dues once in six

months, at the rate of four mace per register ton.

Art. XXXII.—The Consuls and Superintendents 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

shall be at liberty to engage the services of a pilot to take her into port. In like

manner, after she has discharged all legal dues and duties and is ready to take her

departure, she shall be allowed to select a pilot to conduct her out of port.

Art. XXXVI.—Whenever a British merchant vessel shall arrive off one of the

open ports, the Superintendent of Customs shall depute one or more Customs officers

10 TIENTSIN TREATY, 1858

to guard the ship. They shall either live in a boat of their own, or stay ou board the-

ship, as may best suit their convenience. Their food and expenses shall be supplied

them from the Custom-house, and they shall not be entitled to any fees whatever

from the master or consignee. Should they violate this regulation, they shall be

punished proportionately to the amount exacted.

Art. XXXVII.—Within twenty-four hours after arrival, the ships’ papers,,

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

on the part of the master, the above rule is not complied with within forty-eight

hours after the ship’s arrival, he shall be liable to a fine of fifty taels for every day’s

delay; the total amount of penalty, however, shall not exceed two hundred taels.

The master will be responsible for the correctness of the manifest, which shall

contain a full and true account of the particulars of the cargo on board. For

presenting a false manifest, he will subject himself to a fine of five hundred taels; but

he will be allowed to correct, within twenty-four hours after delivery of it to the customs

officers, any mistake he may discover in bis 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 fivehundred 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,

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

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 11

■of the goods, and of the amount of duties paid, and deliver the same to the merchant,

and shall also certify the facts to the officers of Customs of the other ports. All which

being done, on the arrival in port of the vessel in which the goods are laden, every-

thing being found on examination there to correspond, she shall be permitted to break

bulk, and land the said goods, without being subject to the payment of any additional

duty thereon. But if, on such examination, the Superintendent of Customs shall

detect any fraud on the revenue in the case, then the goods shall be subject to

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. A ny 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 textof which has been carefully corrected by the English original.

Art. LI.—It is agreed that henceforward the character H “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. LIE—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. LHf.—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 one-

thousand eight hundred and fifty-eight; corresponding with the Chinese date, the

sixteenth day, fifth moon, of the eighth year of Hien Fung.

[l.s.] Elgin and Kincardine.

Signature op 1st Chinese Plenipotentiary. Signature of 2nd Chinese Plenipotentiary.

Separate Article annexed to the Treaty concluded between Great Britain and China on the-

twenty-sixth day of June, in the year One Thousand Eight Hundred and Fifty-eight.

It is hereby agreed that a sum of two millions of taels, on account of the losses sus-

tained by British subjects through the misconduct of the Chinese authorities at Canton,,

and a further sum of two millions of taels on account of the Military expenses of the ex-

pedition which Her Majesty the Queen has been compelled to send out for the purpose of

obtaining redress and of enforcing the observance of Treaty provisions, shall be paid

to Her Majesty’s Representatives in China by the authorities oftheKwangtung Province.

The necessary arrangements with respect to the time and mode of effecting

these payments shall be determined by Her Majesty’s Representative, in concert with

the Chinese authorities of Kwangtung.

When the above amounts shall have been discharged in full, the British forces

will be withdrawn from the city of Canton. Done at Tientsin this twenty-sixth day of

June, in the year of our Lord one thousand eight hundred and fifty-eight, corresponding

with the Chinese date, the sixteenth day, fifth moon, of the eighth year of Hien Fung..

[l.s.] Elgin and

Signature op 1st Chinese Plenipotentiary. Kincardine.

Signature of 2nd Chinese Plenipotentiary.

AGREEMENT IN PURSUANCE OE ARTICLES XXVI.

AND XXVIII. OE THE TREATY OE 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.

Seal of Chinese Plenipotentiaries. [l.s.] Elgin

Signatures andopKincardine.

the Five Chinese Plenipotentiaries.

* The Import Tariff was superseded by one arranged in 1902 which,with

intions1919,(q.v.).and this last was revised in 1922 in accordance in turn,

the was supersededConference

Washington by one arranged

resolu-

THE CHEEOO CONVENTION, 1876

Ratifications exchanged at London, 6th May, 1886

Agreement negotiated between Sir Thomas Wade, k.c.b., Her Britannic

Majesty’s Envoy Extraordinary and Minister Plenipotentiary at the Court of China,

and Li, Minister Plenipotentiary of His Majesty the Emperor of China, Senior Grand

Secretary, Governor-General of the Province of Chihli, of the First Class of the

Third Order of Nobility.

The negotiation between the Ministers above named has its origin in a despatch

received by Sir Thomas Wade, in the Spring of the present year, from the Earl of

Derby, Principal Secretary ol State for Foreign Affairs, dated 1st January, 1876.

This contained instructions regarding the disposal of three questions: first, a satis-

factory settlement of the Tiinnan 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 :-j—

Section I.—Settlement of the Yiinnan Case

1. —A Memorial is to be presented to the Throne, whether

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

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

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 t

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-

tion and adjustment of any matter affecting British officers or subjects, these officers

will he free to address themselves to the authorities of the province. The opening

©f 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 Tiinnan,

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

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 wr

for what has occurred in Yunnan, 'the Mission bearing the Imperial letter will

proceed to England immediately. Sir Thomas Wade is to be informed of the

constitution of this Mission for the information of this Government. The text of the

Imperial letter is also to be communicated to Sir Thomas Wade by the T&ung-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 the ports; also the conduct of judicial proceedings in mixed cases.

1. —In the Tsung-li Yamen’s Memorial of the 28th Septe

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 lay 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 Eepresentatives to consider with them a

code of etiquette, to the end that foreign officials in China, whether at the ports or

elsewhere, may be treated with the same regard as is shown them when serving

abroad in other countries and as would be shown to Chinese agents so serving abroad.

The fact that China is about to establish Missions and Consulates abroad renders

an understanding on these points essential.

2. —The British Treaty of 1858, Article XVI., lays down

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.”

lu 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, inyiting Foreign Representatives at once to consider with the Tsung-li Yamen

the measures needed for the more effective administration of justice at the ports

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 Tree 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 hui t'ung, 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.

1.—With reference to the area within which, according to the Treaties in force,

lekin ought not to be collected on foreign goods at the open ports, Sir Thomas Wade

agrees to move his G-overnment 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

Produce accompanied by a half-duty certificate may be shipped at such points

by the steamers, but may not be landed by them for sale. And at all such points,

except in the case of imports accompanied by a transit duty certificate or exports

similarly certificated, which will be severally passed free of lekin on exhibition of such

certificates, lekin will be duly collected on all goods whatever by the native authorities.

Foreign merchants will not be authorised to reside or open houses of business or

warehouses at the places enumerated as ports of call.

16 THE CHEFOO CONVENTION, 1876

2. —At all ports open to trade, whether by earlier or later ag

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 pay the tariff duty upon it,

and the purchasers the lehin, in order to the prevention of evasion of the Treaty. The

amount of lehin 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

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

which a drawback nmy 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 Biver 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 lelcin taxation within the for-

eign settlements and the collection of lehin 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 o

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;

pro-tect 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 traffic in opium.]

THE CHUNGKING AGREEMENT, 1890

ADDITIONAL ARTICLE TO THE AGREEMENT BETWEEN GREAT

BRITAIN AND CHINA OF SEPTEMBER 13th, 1876

Ratifications Exchanged at Peking, 18th January, 1891

The Governments of Great Britain and China, being desirous of settling in an

amicable spirit the divergence of opinion which has arisen with respect to the First

■Clause of the Third Section of the Agreement concluded at Chefoo in 1876, which

stipulates that “ The British Government will be free to send officers to reside at

Chungking to watch the conditions of British trade in Szechuan, that British mer-

-chants will not be allowed to reside at Chungking, or to open establishments or

warehouses there, so long as no steamers have access to the port, and that when

steamers have succeeded in ascending the river so far, further arrangements can be

taken into consideration,” have agreed upon the following Additional Articles :—

I. —Chungking shall forthwith be declared open to trade on the sam

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 th

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

above description, as to the repackage of goods for the voyage beyond Ichang and

■as to the general procedure to be observed by those engaged in the traffic between

Ichang and Chungking with a view to insuring convenience and security, shall be

•drawn up by the Superintendent of Customs at Ichang, the Taotai of the Ch’uan

Tung Circuit, who is now stationed at Chungking, and the Commissioners of Customs

in consultation with the British Consul, and shall be liable to any modifications that

■may hereafter prove to be desirable and may be agreed upon by common consent.

IV. —Chartered junks shall pay port dues at Ichang and Chun

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 with in accordance with Treaty Rules and the Yangtsze Regulations. All other

vessels shall be dealt with by the Native Customs. The special papers and flag

issued by the Maritime Customs must alone be used by the particular vessel for

which they were originally issued, and are not transferable from one vessel to

another. The use of the British flag by vessels the property of Chinese is strictly

-prohibited. Infringement of these Regulations will, in the first instance, render

the offender liable to the penalties in force at the, ports hitherto opened under Treaty,

.and should the offence be subsequently repeated, the vessel’s special papers and flag

will be withdrawn, and the vessel herself refused permission thenceforward to trade

between Ichang and Chungking.

V. —When once Chinese steamers carrying cargo run to Chung

THE THIBET-SIKKIM CONVENTION’, 1890

YI.—It is agreed that the present Additional Article shall he 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 HsiL

[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 from

the waters flowing into the Thibetan Machu and northwards into other rivers o£'

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 tho

internal administration and foreign relations of that State, and except through

and with the permission of the British Government neither the ruler of the State

nor any of its officers shall have official relations of any kind, formal or informal,,

with any other country.

Art. III.—The Government of Great Britain and Ireland and the Government

of China engage reciprocally to respect the boundary as defined in Article 1. and to-

prevent acts of aggression from their respective sides of the frontier.

Art. IV.—The question of providing increased facilities for trade across the-

Sikkim-Thibet frontier will hereafter be discussed with a view to a mutually

satisfactory arrangement by the high contracting-Powers.

Art. Y.—The question of pasturage on the Sikkim side of the frontier is-

reserved for further examination and future adjustment.

Art. YI.—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. YII.—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. YIII.—The present Convention shall be ratified, and the ratifications shall,

be exchanged in London, as soon as possible after the date of the signature thereof.

THE BURMAH CONVENTION

Signed at Peking, 4th February, 1897

In consideration of the Government of Great Britain consenting to waive its-

objections to the alienation by China, by the Convention with France of June 20th.-

1895, of territory forming a portion of Xiang 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

^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 follows:— The Chinese Government agree hereafter to

i -consider whether the conditions of trade justify the construction of railways in

i Yunnan, and in the event of their construction, agrees to connect them with the

f Burmese lines.

Art. XIII.—Whereas by the Original Convention it was agreed that China

t -might appoint a Consul in Burmah to reside at Rangoon, 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

r privileges and immunities as the Consuls of the most favoured nation, and further

j "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

i 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,

,r -instead of at Manwyne as stipulated in the Original Convention, and also to station

|i 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

i correspondence and intercourse with Chinese officials as the British Consuls at the

Treaty Ports.

Art. XIV. (Providing for issue of passports by the Consuls on each side of the

l frontier).—Instead of “ Her Britannic Majesty’s Consul at Manwyne ” in the Original

- Convention read “ Her Britannic Majesty’s Consul at Shunning ‘ or Momein,’ ”

in accordance with the change made in Article XIII.

Failing agreement as to the terms of revision the present arrangement shall

i remain in force.

Special Article

! Whereas on the twentieth day of January, one thousand eight hundred and

i -ninety-six, the Tsung-li Yamen addressed an official despatch to Her Majesty’s

; -Charge d’Affaires at Peking, informing him that on the thirtieth day of December,

i one thousand eight hundred and ninety-five, they bad submitted a Memorial

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

>t -Kwangsi, and Samshui city and Bongkun Market in Kwangtung, shall be opened as

ir. Treaty Ports and Consular Stations with freedom of navigation for steamers between

t .'Samshui and Wuchow and Hongkong and Canton by a route from each of these

I latter places to be selected and notified in advance by the Maritime Customs, and

i -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 Arl icle, shall

j -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. Macdonald. (Seal)

(Hieroglyphic) Li 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 hereafter fixed when proper surveys have been

made by officials appointed by the two Governments. The term of this lease shall

be ninety-nine years.

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-

It is further agreed that the existing landing-place near Kowloon city shall be

reserved for the convenience of Chinese men-of-war, merchant and passengers vessels,,

which may come and go and lie there at their pleasure; and for the convenience of

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 Hsu. It shall be ratified by the Sovereigns of the two countries, and the-

ratitications shall be exchanged in London as soon as possible.

In witness whereof the undersigned, duly authorised thereto by their respective-

Governments, have signed the present agreement.

Done at Peking in quadruplicate (four copies in English and in Chinese) the

ninth day of June, in the year of Our Lord eighteen hundred and ninety-eight, being:

the twenty-first day of the fourth moon of the twenty-fourth year of Kwang Hsu.

Claude M. Macdonald.

Li Hung-chang, ) Members of

Hsu Ting K’uei, •> Tsung-li Yamen.

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 bettor 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 Purt 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 naval5

and mihtary 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 ratifications shall be exchanged in London

as soon as possible.

In witness whereof the undersigned, duly authorised thereto by their respective

Governments, have signed the present agreement.

Claude M. Macdonald.

Prince Chino, 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 Hsii.

Provisional arrangements for the rendition of Weihaiwei to China, in accord-

ance with the agreement reached at the Washington 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 the past in the issue of Drawback Certificates

owing to the fact that those documents have to be dealt with by the Superintendent

of Customs at a distance from the Customs Office, it is now agreed that Drawback

•Certificates shall hereafter in all cases be issued by the Imperial Maritime Customs

within three weeks of the presentation to the Customs of the papers entitling the

applicant to receive such Drawback Certificates.

These Certificates shall be valid tender to the Customs Authorities in payment

of any duty upon goods imported or exported (transit dues excepted), or shall, in the

case of Drawbacks on foreign goods re-exported abroad within three years from the

date of importation, be payable in cash without deduction by the Customs Bank at

the place whei'e 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

shall fro not

together Hongkong to thetheTreaty

be less than dutiesPorts in the

charged Canton

by the Province

Imperial and vice

Maritime versa

Customs

on similar goods carried by steamer.

Art. IV.—Whereas questions have arisen in the past concerning the right of

•Chinese subjects to invest money in non-Chinese enterprises and companies, and

whereas it is a matter of common knowledge that large sums of Chinese capital are

so invested, China hereby agrees to recognise the legality of all such investments past,

present and future.

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 Biver. 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 be 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 be-

registered on payment of a reasonable fee.

Art. VIII.—Preamble. The Chinese Government, recognising that the system

of levying lekin and other dues on goods at the place of production, in transit, and

24 THE BRITISH COMMERCIAL TREATY WITH CHINA

destination, impedes tlie 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 revive them in any

form or under any pretext whatsoever; that in no case shall the surtax on foreign

imports exceed the equivalent of one and a half times the import duty leviable in

terms of the Final 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 lehin 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 lehin, of transit dues in lieu of lehin, and of all other

taxation on foreign goods, and in consideration of the other reforms provided for in

this Article; but this provision shall not impair the right of China to tax salt, native

opium and native produce as provided for in Sections 3, 5, 6 and 8.

The same amount of surtax shall be levied on goods imported into the Eighteen

Provinces of China and the Three Eastern Provinces across the land frontiers as on

goods entering China by sea.

Section 3.—All Native Custom-houses now existing, whether at the Open Ports,

on the seaboard, on rivers, inland waterways, land routes or land frontiers, as

■enumerated in the Hu Pu and Kung Pu Tse Li (Regulations of the Boards of Revenue

and Works) and Ta Oiling 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, Native Custom-houses may be also established; as well as at any

points either on the seaboard or land frontiers.

The location of Native Custom-houses in the Interior may be changed as the

■circumstances of trade seem to require, but any change must be communicated to the

British Government, so that the list may be corrected; the originally stated number

of them shall not, however, 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 BEITISH 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 G-overnment 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

.26 THE BEITISH 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 of foreign origin shall of itself free

•them from all taxation, delay, or stoppage, after having passed the Custom-house.

Foreign goods which bear a similarity to native goods shall be furnished by the

Custom-house, if required by the owner, with a protective certificate for each package,

on payment of import duty and surtax, to prevent the risk of any dispute in the

interior.

Native goods brought by junks to open ports, if intended for local consumption—

irrespective of the nationality of the owner of the goods—shall be reported at the

Native Custom-house only, where the consumption tax may be levied.

China is at liberty to fix the amount of this (consumption) tax, which may vary

according to the nature of the merchandise concerned, that is to say, according as the

articles are necessaries of life or luxuries; but it shall be levied at a uniform rate on

goods of the same description, no matter whether carried by junk, sailing-vessel, or

steamer. As mentioned in Section 3, the Consumption Tax is not to be levied within

foreign settlements or concessions.

Section 9.—An excise equivalent to double the import duty as laid down in the

Protocol of 1901 is to be charged on all machine-made yarn and cloth manufactured in

China, whether by foreigners at the open ports or by Chinese anywhere in China.

A rebate of the import duty and two-thirds of the import surtax is to be given

on raw cotton imported from foreign countries, and of all duties, including Consump-

tion Tax, paid on Chinese raw cotton used in mills in China.

Chinese machine-made yarn or cloth having paid excise is to be free of Export

Duty, Export Surtax, Coast Trade Duty, and Consumption Tax. This Excise is to be

-collected through the Imperial Maritime Customs.

The same 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 Goveimment 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-

>yince for duty in connection with Native Customs affairs, Consumption Tax, Salt and

Native Opium Taxes. These officers 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.

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 Kongmoon, which is provided for in>

Article 10, shall lapse.

Section 13.—Subject to the provisions of Section 14, the arrangements provided

for in this Article are to come into force on 1st January, 1904.

By that date all lekin barriers shall be removed and officials employed in the

; collection of taxes and dues prohibited by this Article shall be removed from their

posts.

Section 14.—The condition on which the Chinese Government enter into the

present engagement is that all Powers entitled to most favoured nation treatment in

China enter into the same engagements as Great Britain with regard to the payment

of surtaxes and other obligations imposed by this Article on His Britannic Majesty’s-

Government and subjects.

The conditions on which His Britannic Majesty’s Government enter into the-

present engagement are: —

(1.) That all Powers who are now or who may hereafter become entitled to most

favoured nation treatment in China enter into the same engagements;

(2.) And that their assent is neither directly nor indirectly made dependent on the

granting by China of any political concession, or of any exclusive commercial concession.

Section 15.—Should the Powers entitled to most favoured nation treatment by

China have failed to agree to enter into the engagements undertaken by Great Britain

under this Article by the 1st January, 1904, then the provisions of the Article shall

only come into force when all the Powers have signified their acceptance of these-

| engagements.

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-

I abolition of all lekin taxation, lekin barriers and all descriptions of internal taxation on

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

i 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

j question of Mining Rules and, selecting from the rules of Great Britain, India, and

I 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

do this Treaty. These Rules shall remain in force until altered by mutual consent.

It is further agreed that Kongmoon shall be opened as a Treaty Port, and that, in

addition to the places named in the special Article of the Burmah Convention of 4th

February, 1897, British steamers shall be allowed to land or ship cargo and passengers,

under the same regulations as apply to the “ Ports of Call ” on the Yangtze River, at

the following “Ports of Call”: PakTau Hau (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:—Yung Hi (Jung-chi), Mali Xing (Ma-

niug), 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

-Government will allow of its importation, on payment of the Tariff import duty and

under special permit, by duly qualified British medical practitioners and for the

use of hospitals, or by British chemists and druggists who shall only be permitted

to sell it in small quantities and on receipt of a requisition signed by a duly qualified

•foreign medical practitioner.

The special permits above referred to will be granted to an intending importer

on his signing a bond before a British Consul guaranteeing the fulfilment of these

•conditions. Should an importer be found guilty before a British Consul of a breach

of his bond, he will not be entitled to take out another permit. Any British subject

importing morphia without a permit shall be liable to have such morphia 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 means

for securing permanent peace between converts and non-converts, should sucb 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

•for have arrived at her loading port prior to or on the day when a notice of prohibition

•to export comes into force, she shall be allowed an extra week in which to ship her

cargo.

If during the existence of this prohibition, any shipment of rice or grain is allowed

by the authorities, the prohibition shall, ipso facto, be considered cancelled and shall

not be re-imposed until six weeks’ notice has been given.

When a prohibition is notified, it will be stated whether the Government have any

Tribute or Army Rice which they intend to ship during the time of prohibition, and,

if 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)

(Teanslation)

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 Mackat, His Britannic Majesty’s Special Commissioner for the dis-

cussion of Treaty matters.

30 THE BEITISH COMMERCIAL TREATY WITH CHINA

Shanghai: K. H. XXVin., 7th moon, 11th day

We have the honour to inform you that we have received the following telegram'

from His Excellency Liu, Governor General of the Liang Chiang, on the subject of

Clause II. mutually agreed upon by us :

“ As regards this clause, it is necessary to insert therein a clear stipulation, to the-

“ effect that, no matter what changes may take place in the future, all Customs’ duties

“ must continue to be calculated on the basis of the existing higher rate of the Haikwan.

“ Tael over the Treasury Tael, and that ‘ the touch ’ and weight of the former must be-

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 instant

forwarding copy of a telegram from His Excellency Liu, Governor-General of the-

Liang Chiang, on the subject-of Article II. of the new Treaty, and in reply I have the

honour to state that His Excellency’s understanding of the Article is perfectly con-ect.

I presume the Chinese Government will make arrangements for the coinage of a

national silver coin of such weight and touch as may be decided upon by them.

These coins will be made available to the public in return for a quantity of silver-

bullion of equivalent weight and fineness 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,

Their Excellencies (Signed) Jas. L. Mackat.

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. Mackat, His Britannic Majesty’s Special Commissioner.

Shanghai, September 2nd, 1902.

We have the honour to inform you that on the 22nd of August, we, in conjunction

with the Governors-General of the Liang Chiang and the Hu-kuang Provinces, Their

Excellencies Liu and Chang, addressed the following telegraphic Memorial to the-

Throne:—

“ Of the revenue of the different Provinces derived from lekin of all kinds, a

“ portion is appropriated for the service of the foreign loans, a portion for the Peking:

“ Government, and the balance is reserved for the local expenditure of the Provinces-

“ concerned.

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

■“ lelcin 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 lelcin

is thereto pledged, these additional taxes shall be allocated to the various Provinces

41“ 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

“ lelcin and other imposts on goods, it is further stipulated that the surtaxes shall not

“ be appropriated for other purposes, shall not form part of the Imperial Maritime

“Customs revenue proper, and shall in no case be pledged as security for any new

“ foreign loan.

“It is therefore necessary to memorialize for the issue of an Edict, giving effect

“ to the above stipulations and directing the Board of Revenue to find out what

“proportion of the provincial revenues derived from lekin of all kinds, now about

“to be abolished, each Province has hitherto had to remit, and what proportion it

“ has been entitled to retain, so that, when the Article comes into operation, due

“ apportionment may be made accordingly, thus providing the Provinces with funds

“ available for local expenditure and displaying equitable and just treatment 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

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 lelcin 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 Revenue, 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 lelcin 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 lelcin is partly pledged.

I hope Your Excellencies will send me a reply to this despatch and that you will

agree to this correspondence forming part of the Treaty as an Annex.

I have the honour to be,

Gentlemen,

(Signed) Jas. L. Mackay.

Their Excellencies,

Lit Hai-htjan and Sheng Hstjan-huai,

etc., etc., etc.

32 THE BEITISH COMMERCIAL TREATY WITH CHINA

Annex B—(3)

(Translation)

Ltj, President of the Board of Works;

Sheng, Junior Guardian of the Heir Apparent, Vice-President of the Board of

Works;

Imperial Chinese Commissioners for dealing with questions connected with the

Commercial Treaties, to

Sir James L. Mackay, His Britannic Majesty’s Special Commissioner.

Shanghai, September 5th, 1902.

We have the honour to acknowledge the receipt of your communication of to-day’s

date with regard to the allocation of the surtax funds allotted to the Provinces, and to

inform you that the views therein expressed are the same as our own.

We would, however, wish to point out that, were the whole amount of the alloca-

tion due paid over to the Provinces, unnecessary expense would be incurred in the

retransmission by them of such portions thereof as would have to be remitted to

Peking in place of the contributions hitherto payable out of lelcin revenue. The

amount, therefore, of the allocation due to the Provinces, arranged between them and

the Board of Revenue, will be retained in the hands of the Maritime Customs, who

will await the instructions of the Provinces in regard to the remittance of such

portion thereof as may be necessary to fulfil their obligations, and (on receipt of

these instructions) will send forward the amount direct. The balance will be held

to the order of the Provinces.

In so far as lekin is pledged to the service of the 1898 loan, a similar method of

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

1. —British steamship owners are at liberty to lease w

banks of waterways from Chinese subjects for a term not exceeding 25 years, with

option of renewal on terms to be mutually arranged. In cases where British mer-

chants are unable to secure warehouses and jetties from Chinese subjects on satis-

factory terms, the local officials, after consultation with the Minister of Commerce,

shall arrange to provide these on renewable lease as above mentioned at current

equitable rates.

2. —Jetties shall only be erected in such positions th

inland waterway or interfere with navigation, and with the sanction of the nearest

Commissioner of Customs ; such sanction, however, shall not be arbitrarily withheld.

3. —British merchants shall pay taxes and contributio

jetties on the same footing as Chinese proprietors of similar properties in the neigh-

bourhood. British merchants may only employ Chinese agents and staff to reside in

warehouses so leased at places touched at by steamers engaged in inland traffic to

carry on their business; but British merchants may visit these places from time to

time to look after their affairs. The existing rights of Chinese jurisdiction over

Chinese subjects shall not by reason of this clause be diminished or interfered with

in any way.

4. —Steam vessels navigating the inland waterways o

for loss caused to riparian proprietors by damage which they may do to the banks

THE BRITISH COMMERCIAL TREATY WITH CHINA 33

or works on them and for the loss which may be caused by such damage. In the

event of China desiring to prohibit the use of some particular shallow 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 prohibited 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 th

waterways of China opened to steam navigation being to afford facilities for the rapid

transport of both foreign and native merchandise, they undertake to offer no, impedi-

ment to the transfer to a Chinese company and the Chinese flag of any British

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

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 ha

been forbidden, to carry contraband goods. Infraction of this rule will entail the

penalties prescribed in the Treaties for such an offence, and cancellation of the Inland

Waters Navigation Certificate carried by the vessels, which will be prohibited from

thereafter plying on inland waters.

7. —As it is desirable that the people living inland should be disturbe

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

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

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.

9. —Any cargo and passenger boats may be towed by steamers. The

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 Navigatio

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 Hsii.

[L.S.] Jas. L. Mackay.

2

REVISED IMPORT TARIPP POR THE TRADE

OP CHINA, 1922

(Superseding the Tariff arranged in 1919)

Note.—If any of the articles enumerated in this Tariff are imported in dimensions

asexceeding

defined.those specified, the Duty is to be calculated in proportion to the measurements

Where theinspecific

orwholesale

is regulated rate of byDutytheonvalue,

any manner imports enumerated in this

basedTariffon depends upon

market value of the goods less the the

DutyDuty

and shall

7 perbecent. the domestic

Cotton and Cotton Imitation

ton ClothNative Cot-

(including

Cotton Piece Goods, Grey. not overnot24more ins. wide

Shirtings and Sheet-40 &115with

perorsq.Flan-

in.

ings, byGrey,

ins.a. Weight41 yds:—not over Cotton Flannel,

7 lb. and 0.14 nelette,

Twill of

Weave, Plain

Grey:— or

1. „ not under

overover 7 lb.9but a. Not over 32$ins. lb. 0.21 by 31 yds not 0.27 c. „ not overover 9 lb.11but 0.28 b. Over over 4032$ins.ins.bybut

31 yds.

Shirtings andnotSheet- lb. 0.38

ings, Grey, over Cotton

or Piece(irrespective

Dyed Goods, White

40withins.more

by 41 than yds. and 110 offinish).

White, and Sheetings,

Plain:—

a. Weight over 11 lb. a. Not

but not over 42 yds41 ins.37 wide...

over ins. by |

1. „ but 12*lb

over not12 jover lb. b. Over

White Irishes, not over 50.33%

15£ lb15^ lb.... 37 ins.andby Jeans,

Drills 42 ydsWhite

c.

Shirtings „ over (3 or314 shaft only), not

ings, byGrey,41and Sheet-40

notyds.over over

Drills ins.by 32White

yds... 0.25

ins.

4 ins.Jeans,

shaft only),

by 42 yds...not

less per sq. in.:—

a. Weight over 11over

lb. T-Cloths, White, and 0.35

but not Mexicans:—

a. Not over 32 ins. by

b. „ over 15J lb loi Grey

lb.... 25 yds 0.17

Drills b. Not over25 32yds.ins. and

(3overor 314andshaft

Jeans,

only), not over

not over but

Drills ins.Jeans,

by 31Grey yds. Dimities, Piques,41&yds...

Vest- 0.28

(3 or314andshaft

over ins. by only),

41 not

yds.: ings, Cords,

ford QuiltingsWhite, Bed-

not

a. Weight 12$lb. and over Cambrics, 30 ins. Lawns,by 30 yds. Mus- b. „ over 12$under lins, Nainsooks, White, Mulls

T-Cloths,

34a. ins. bvGrey, notlb....

25 yds.:- over and

Plain, Jaconets,

notyds over 46

Weightins.7 by

lb.

Cambrics, & 12

under

Lawns,White, Mus-

b. „ Grey,

T-Cloths, over 7over lb. 34... lins & Lappets,

ins. but

ins. by 25 yds not over 37 ins. by 12 yds 46

Figured, not over

5%

REVISED IMPORT TARIFF

Name of Article. r

Cambrics,

lins, Lawns,

Mulls, Mus-

Jaconets, Cotton CrapeOatmeal(not in-

Victoria Checks, Swiss cluding

Crapes), Grey, Bleached,

Checks

Plain &Lappets,Dyed, Dyed,Printed, or Yarn-

over 46orins.Figured,

Cambrics, by 12 Mus-

Lawns,

not

yds. 5% dyed :— 15ins.

a.b. Notover

Over 15in. wide

not Value 5%

lins,

Victoria Mulls, Jaconets,

Checks, Swiss Bastings, ins.but

over 30Satteens, wide...

Ita- Yard 0.008

Checks,

brics. Lappets,

(singleor lians, Imitation (Weft-

YarnsPlain only).orWhite faced)

trice Venetians,

Twills, Bea-

Tientsin

Dyed,

&Spotted, Figured,

Shirtings,Corded Striped,& Twil I s,DiagonalT wills.

Herringbone

Serges, Twills,

Ribs,gPoplins),

Cords

Figured

a. Not : — 30 ins. by

over (not includin

31 yds Repps,

White orandDyed,Moreens,

Plain33

b. Over 30 37ins.ins.but

notydsover by or Figured, not over

42 0.40 ins.

Satteen by 33 yds shaft),...

Drills (5Satteens

Lenos,

not over White or

31in. by WhiteDyed,

30 yd. 0.17 W arpfaced

and Satteen 5Stripes,

shaft),

or Dyed

Shirtings, Sheetings & 5% White or Dyed, Plain33

Pongees, Dyed, Plain: or

ins. Figured,

by 33 not

yds over

a. Not over 30 ins. by Poplins (including and Po-

b. Not over33 30yds.ins. and plin

Venetians, Taffetas),

White or

over

not over 43 yds but 0.28 Dyed, Plain, not over

c. Not over 36 ins. by 33

Poplins ins. by 33 yds

(including and Po-

21 yds

d. Not over 2136 yds ins 0.17 plin Taffetas)

and over Venetians,

Dyed, White notor

Figured,

but not over

e. Notover 36ins. 33 yds

am 0.27 over 33Flannel,ins. by or33Flan-yds.

over 33 yds. but Cotton

nelette, of Plain or

Drills notw over

Jeans 43 (3ydsor 4 0.35 Twill Weave:—

shaft only) ,Dyed,Plain: 1. White, ed, Dyed,

or Print-

Yarn-dyed

a. Not over

by 33over 31 ins.

yds31 ins. 0.28 (not including Du-

b. Not and plex

Prints):or Reversible

over 33 yds.

overT-Cloths,

43 yds Em-but not a. Not over 25 ins. by

Dyed 0.36 15 yds25in. but not 0.11

bossed Cantoons, Alpa- b. Over over 30in. 0.13

cianos.Turkey

tion Real and Reds, Imita-

not c. Over 25in.by

over 30in. but1531 not

bybut

yd.

yd. 0.23

over 32 ins.

a. Weight by 25 yds.:—

3J lb. and d. Over 39in. not

under over 36in. by 15 yd, 0.16

b. „ not overover3 Jib.5Jbut e. Over over 30 in.bybut31 not

36in. yd. 0.35

c. „ overCrimps,

MWhite,

ercerised 5J lb. lb.... 0.19

0.27 2. Duplexsible or Rever-

Prints not..

over 30 ins. wide

ed,

not PlainDyed,

over or orFigured,

32in. by

Print-

32yd. Cotton

Dyed:— Spanish Stripes,

Oatmeal

orgured, Crapes,

Dyed,notPlain White a. Not

20 ydsover 32 ins. by 0.17

by 33 yds. over 33or ins.

Fi- b. Over 32in.bybut20not

over 64in. yd. 0.35

2*

REVISED IMPORT TARIFF

Cotton

veteens, Velvets

Dyed, Vel- Per

&Plain, edVenetians,

not over 26 ins. wide... Yard Eastings, Printed

Cotton

veteens, Velvets and Vel-

Printed, Fi- edBeatrice

Poplins,

Twills,Printed

Cords,and

Print-

Printed

gured, or Embossed, Moreens,

Velvet Corduroys,

Cords, and Velveteen ins. by 30 notyds over 32

tians,

Plushes Moleskins, Fus-

and 5% Printed

See 32. Flannelette.

Canvas, Cotton (includ- Duplex

Prints orof Reversible

ing

Sails, Cotton Duck), for

etc., not over 30 Weave and oneShirting

colour

ins. wide

Stockinette or Knitted by 30 ydsVelvets32 and

only,

Printed

not over ins.

Tissue:—

a.b. Not

Raised

Raised 53.50

% Velveteens.

Printed

tonnes,

See

Domestic 35.

PrintedPrinted Cre-

Sat-

teen Cretonnes,

ReppEmbossed

Cretonnes,Figures,

Print-

Printed Cambrics.Print- edPrinted Art Muslins

ed Lawns,

Muslins, PrintedPrinted

Shirt- and Casement Cloth,

ings,PrintedSheetings, Printed

ings, Cotton

Trouserings, Coat-

and

Printed

cluding T-Go

those tbsknown(in- Gabardines, and all

asPrinted

Blue andT-Goths),White other Duplex or Re-

versible

those Prints except

PrintedPrinted

Jeans,

al Twills,

Drills. Diagon-

Printed

TwillSilesias,

Creton- Classesenumerated

38 and 43See 46.in

PrintedBlankets. 5%

nes, Printed Printed Handkerchiefs.

SeeThe49.term “ Printed ”

Printed

inch Repps

Reppover

Cretonnes): (not

a. wide

Not 20 ins. Value inPigment

this Tariff

Style,includes

Direct

b. not

Overover2046ins.ins.but 5 °/o Printing Style, Steam

by Piece 0.081 Style,

or Dyed Style,

Style,

12

c. not yds

Overover20 32ins.ins.but Resist Style, Resist

and Style, Metal Style,

so forth, irrespective

d. 30not yds 32 ins. but

Overover 42 ins. by

0.19 of Thefinish.

term 'Print”

‘Duplex inor

Printed 30 yds 0.24 Reversible

this Tariff includes all

Crimps.Oatmeal

Printed SeeMercerised

25.Crapes Printed

(a) Cottons pattern

a different having

and Oatmeal Crape32 printed

the on each

cloth,on (6) thesidessameofof

side

Cretonnes,

ins. by 30 not over

yds design both

Printed the cloth, with whether

See 27. Cotton

Printed Turkey

Crape.

Reds, printed

more rollers. one or

Real

over and

31 Imitation,

ins. by 25 not

yds. 0.16 CottonYarn-dyed.

Piece Goods,

Printed

31 ins. Lenos,

by 30 not

yds over 0.19 Cotton Crape. See 27. or

Printed

Satinets,Satteens Printedand Cotton

Flannelette. Flannel,

See37.32.

Printed Fancy(including

Woven Stockinette.

Handerkchiefs, See neither

Stripes Italians,Print-

Printed or Checks), Embroidered

itialled. See 49.nor In-

REVISED IMPORT TARIFF

Name of Article.

Per c. but Overnot 25 ins. square

Cotton

otherwise Piece Goods not

d. ins. square29over ins.29 |

square

Cotton, Raw; over 34 ins.butsquare, not ji

and ofManufactures Yarn, KnittedClothing,Kaised

(including that stitch- |

Cotton. edwithSilk

of Silkandorj|j

Ankle-bands,

Decorated Plain c 5.70 other

Mosquito material) 4.70

Raw 90 ins.Netting,

by 50 yds. not Piece 1.10

Blankets,

orthose

Jacquard

wi

Plain,Printed,

h a(including

taped or jI Singlets

Raised or Drawers,

(including not Picul

those

whipped

other edge of Silk or stitched with Silk

Blanketmaterial),

Canvas. Cloth

See27.36.

ings

material) Silk with

or otherfac-

Crape. See Socks and Stockings 5%

Counterpanes

Quilts, Honey-combandor ji 1. either

Not side:Raised :—on

Alhambra:—

a. longNot over 2^ yds. j a. gassed

b. longOver 2J yds.|jj b. mercerised

Embroidered

Insertion, Edging

Machine-or | or Silk or stitched I

embroidered

Flannelette.

Handkerchiefs, See 32. |j

neither 2.3. with

Others...See 37. Value

Raised 58.10%

Embroidered

itialled:— nor In- j Stockinette.

Towels, Turkish Picul

1. ed,White,or Dyed, Print-

(irrespectiveDyed orofUndyed

finish):on

Hemmed,

with a drawnbutthread not 1. Sewing Cotton,

hem:

a. square

Not over 13 ins. a. spools

2-cord orandcops:3-cord,

0.049

b. but Over not

13 ins.over

square18 0.017 b. 6-cord,or50less

50 yds. yds. or 0.094

ins. square 0.028 c. proportion.

Other lengths ■ in

c. but Over not

18 ins.ovetsquare 2. broidery

CrochetCotton, or Em-in

ins. square.

2. ed,White, Dyed, ...Print- 0.043 skeins or balls :

or yarn-dyed, with a. inOvervalue

Hk.perTls.picul.

200

Not over hem:

13 ins. b. 200

Not inovervalue

picul

Hk. Tls.

per

b. square

Overnot

but 13 ins.square

over

0.028 Cotton Waste

c. ins.

Over square.

18 ins. ... 18

square 0.06. Yarn

1. ofGrey :—

fold):(irrespective

but not over 30

ins. square 0.073 a. Counts

includingup17to and 2.00

3.a.Printed

Not overUnhemmed:

18 ins. b. Counts

and up above

to23and in-17

0.016 cluding 2.20

Over 18 ins. square25 c. Counts

and up toabove 23

but square.

ins. not over ... 0.051 cluding 35and in- 3.00

38 REVISED IMPORT TARIFF

No. Name of Abticlb. Akticls. TabipeDut*. Unit axis

d. Counts Per tons. Vicunas, and Per Tls,

UnionPrinted Hk.

and

cluding up toabove

45and in-35 Picul 3.40 Vicunas,

PonchoStriped Cloths, Bea-

Value 5 % vers, Beavers,

2.e.Gassed,

Counts above45

Bleached,...

Dyed, Mercerised, Army

Cloths,Cloths, Leather

and orPresidents,

etc containing

taining not

a smallWool con-

quanti-

Cotton

not & Cottonenumer-

otherwise Goods tyfacingof new for

ins. wide not

Hemp, Linen, Silk,

and Woollen Goods. 77 Italian

Figured, Cloth, PlainLus-or Yard 0.057'

Alpacas,

Flax, Hemp, tres,

SiciliansOrleans, and Value 5 %

Canvas Goods.and

and

Jute

Tarpaulin

of Hemp and/or Jute, Wool

7879 Wool, andSheep’s

Woollen Goods. Picul 2.80

for

similar Sails,purposes,

Awnings, and

Proof- Blankets andover

Rugs18 ins. Value 5 %

edoveror24Unproofed, not Yard 80 Bunting, not

60 Canvas ins. wide

Linen (Elastic), Value 5 %

by

81 Camlets, 40 yds

ins. by 62not not

yds over 31 Piece 0.34

1.70

for Tailoring 82 Flannel,

6162 Gunny„ Bags, „ Old New 0.41

Picul 0,25 ins. wide Plain, Figur-33 Yard 0.049-

Lastings,

over

63 Hemp

New oror Hessian Bags, ed, or Creped,

64 Hemp Hessian ....

Bags, 31 ins.

8485 Llama by 32 ydshot over Piece

Braid 1.00

Picul 14.10

Old Value 5

Picul 0.63% Long Ells, not over 31 Piece

Hessian Cloth

6665 Jute, Raw ins. by 25

0.22 86 Spanish Stripes, notyds 0.63

Silk Goods and Silk over 64 ins. wide Mel- Yard 0.079-

Mixtures. 87 Vicunas,

tons, Beavers,

67 Silk

Silk), Piece

Plain, Goods (all

Figured, Superfine, Medium and

or Brocaded Value 5 % Habit Cloth, not over

ins. wideandWorsted Yard 0.15

60Woollen

Silk Plushes and Silk 88 AllYarn

Velvets,

Silk

back Seal, Purewith . Cotton Catty 0.27 cludingandBerlinCordWool)...

(in- Picul

70 Silk

and Velvets Mixture Plushes

(i.e., made Metals. Value 5 %

ofother Silk

fibrous mixed with

material, 90 Aluminium

„ Sheets

with Cotton back) 0.26 9192 Antifriction

Antimony Regulus Metals......

71 Silk

White andorCotton

Dyed Satins,

in the 93 Brass„ and Yellow Refined and Value

Ore

Picul 50.70-

%

Piece:—

a.b. Figured

Plain 0.16 Metal: Picul 1.30-

94 Bars and

0.26 95 Bolts, Nuts, Rivets,Rods

72 Silk

Yarnand dyedCotton Satins, 0.32 Washers, and Acces- Value 5 %

73 Silk and Cotton Mix-' sories (including

Ingots Old

tures

enumerated not otherwise 5% Brass or Old Yellow

74 Silk Ribbons, all Silk Metal remelted) Picul 1.30

1.90

and Mixtures 97 Nails

98 Old or Scrap (fit only

Wool and Cotton Unions. for remanufacture) ... Value 5 %

75 Union Shirtings, not Yard 99 Screws

100 Sheets and Plates 1.80'

Picul 2.40-

Cloth ins. ofwideremanu- 101 Tubes

factured Wool and 102 Copper:—

Wire 1.30

Cotton, Printed

tons, such as Mel- Mel- 103 Bars and Rods 1.70’

EEVISED IMPORT TARIFF

Name or Article.

Per Rails (including Steel

Bolts,

and Washers Nuts, Rivets, Value 5% Sleepers, Fish-plates,

Ingots and Slabs (in- Spikes,

Nuts for Bolts,

use with and

the Picul 0.18

cluding

remelted)Old Copper Rails)

Nails Rivets

130 Screws „ 50.39%

Old or Scrap (fit only Value

for remanufacture) Picul Sheets andmore Plates, J in. Value

Sheets

Tacks

Tubes

and Plates Value 52.00% thick

Sheets

iSpikes

or

and Plates under

in. thick

Picul i 0.23

Wire 1.50 [ 0.25

„„ Rope

Cable % Tacks

Tinned Plates, Decorat-

Ironvanized

and Steel, Ungal-

(not Spring,

includ- Tinned Plate?, Old

Plain...... Value 5 %

ing

and Bamboo,

Tool Steel) „„ Plates,

Tacks Picul I 1.50

Anvils,

Anchors Swage-blocks,

andandPartsFor- of. Wire...

Wire Rope, New, Gal- „ 0.38

Shaftings vanized

galvanized or Un-

gings. each weighing

in every case 25 lb. Picul 1.30% without (with

orcore) fibrej

Bolts, NutsRough

Castings, & Washers Value Picul 50.61 Wire

vanized Rope, or Old,Ungal-!

Gal-

Chains,

Chains,

Cobbles,

New

Used & Parts of 50.93% vanized

outTool (with

fibreandcore) or with-

5%

DefectiveWireWire,

Croppings and

Shorts,

Bar

Bar

Steel,

Bamboo

Spring SteelSpring:—

Steel 0.27

Ends,

Hoop Used

Ends Hoops

or and

Cut- Tool Steel (including

tings.

UngalvanizedGalvanized (in-or IronHigh-speed

and Steel,

vanized:—

Steel)Gal-...

cluding scrap lots ir-of

mixed dimensions Bolts, Nuts, Rivets and

Picul Washers

respective

Crossings

Hoops forofRailways

size). ... Value

Picul 50.15

0.24%

Pipes,

Fittings

Screws

Tubes, and Tube

Old

for or Scrap (fit

remanufacture), only Sheets, Corrugated and

not otherwise enu- Plain

Wire

merated

Nail-rod, Bars, Twisted WirewithoutRope (withcore)or

orTees,Deformed

Channels, Bars,

„ (see 140(see&fibre

Shorts 141)

119)......

Angles,

and Joists,Girders,

other orStructural Iron

Sections

(including halfShapes Old (fit only for re-

Rods

wide overinoval

inandcoilRods (■coil

in. manufacture)

Pigs

Pipe or Bars 50.35%

0.69

^ 125 over -f\in. in

124 Nails, Wire and Cut.. diameter 0.23

0.32 Sheet

Wire 50.52%

Pig andTubes,

126 Pipes, Kentledge

and Pipe..... 0.11 Manganese Ferro-

and Tube

Plate Fittings 5% Nickel

ed scrap lots(includ-

Cuttings

ingdimensions, ofirres-

mix- Quicksilver

Tini-

Compound Value 52.30%

pective

croppings of size,

of Channels, and Ingots

Pipe Metal and Slabs

............... Picul

Value 6 %

Tees and Angles). Type

REVISED IMPORT TARIFF

Name of Article.

White Silver:—Metal, or German Per j Beef, Corned or Pickled, Per

Bar?,Ingots, and Sheets Picul in barrels

|! Birds’ Nests Refuse)Black Value

Wire (inch Nests,

Clarified

Zinc:—

Powder and Spelter ... jj Birds’

Butter White ... Catty

Sheets (including Per-

forated),Plates

Boiler Plates, and ji CannedAsparagus

Awabi

Goods:— || Picul

(Incldg.

Pood, Drink & Vege-

table Medicines. Cream

porated & Milk, Eva- j||» «ei.t'hr,

orSterilised

Fishery and Sea Products. Fruits,Condensed

Milk, Table & Pie...Jj

Agar-agar

Awahi, in bulk .... Canned Goods, Un-

Bicho de Mar,Spiked Black,... enumerated

Chocolate

„ Black, Cocoa

„ Spikednot......

White

Coffee

Currants Preserved,

and Raisinsin Picul

Cockles, Dried Fruits,

Glass, etc. | Value

Compoy „ Fresh Honey

Crabs’ Flesh, Dried Jams

Lard, and Jellies

in bulk I

Fish

„ Bones Cod,Boneless)

Dried (includ- Macaroni & Vermicelli, ||

ing

, Dried&Smoked(not

similarof

180 products

Vegetable

inch

&Fresh Dried

Cuttle-fish) Codfish Meats,Rind

Pork Dried and ...Salted(I|i

Fats

181

182

1811 Herring,1stSalt

Maws, Quality1 Soy Dry

Sausages,

Tea Picul

(i.e, weighing Value

184 cat.

Maws, or over

2nd piece) Catty

p.Quality Cereals, Fruits,

Substances, Medicinal

Seeds, Sp',

(i.e.,1weighing

der cat.Bellies un-

p. piece) and Vegetables.

185 Salmon ... Aniseed,

a. 1st Star:—

Quality—value

186 Salt, not otherwise Hie.Tls. 15 and over

187 enumerated

Skin per picul

188 lussels. Oysters, and b. 2nd

value Q u a 1 i t Hk.

under y—

189 Clams, Dried

’rawns and Shrimps, 1.40 Tls. 15 per picul ...

Dried, inCut

bulk 1.90 Apples,

Asafoetida Fresh

190

191 eaweed. 0.30 Barley, Pearl 5:

192 ,,„„ Prepared Long 0.19

1.50 Beans

Betelnut Husk,and Peas

193

194 harks’ „Fins, Red pi-epared. 5%

12.50 Betelnuts,

Bran DriedDried.

195 notnot over

„ Hk. :— Camphor (Laurus

a ValueTls 30over per picul... phor

fined a),(incldg. orCam-

CrudeShaped) Re-

6. Value Hk.

30Tls.but140notperover Tls.

Hk. Camphor, Baroos, Clean

picul... Camphor,

fuse Cutchery Baroos, Re-

c. Value 6?

140 perover piculHk. Tls. Capoor

Cardamom Husk

imal Products, Canned Cardamoms,

196 j

Goods and Groceries.

aeon Cardamoms, Inferior Superior......

197 aking&Powder Hams, in bulk

52.80% Cassia

Cassia Lignea Twigs and Buds

REVISED IMPORT TARIFF 41

Articlr. Tariff Unit and No. Namb of Abticlb. TariffDutt.

Unbt and

Per 8k.

240 Cereals and FlourMaize,(in-

±1K.

Tls. 259

260 Malt

Morphia in all forms ... Picul Tls.

Value 0.41

cluding

Millet, Barley,

Rice, Wheat, and 262

263 Nutmegs

Olives Value 51.70%

Flour

Buckwheattherefrom;and 264 Opium, Tincture of

Buckwheat Flour, 265 Oranges,

Peel, Freshin bulk...

Orange, Picul 0.41

Cornflour and Yellow Pepper, Black 0,89

0.48

Corn

and Meal, Rye

Hovis Flour;Flour,

hut Pepper, White 0.93

not including Arrow- Potatoes,

Putchuck Fresh Value

Picul 52.80%

root and Arrowroot 270

271 Seed, Apricot 1.80

Flour, Cracked Wheat, Seed,

Germea,

Barley, Horn iny.Flour,Pearl 272 Lotus-nutsFlower—i.e..

Lily without

Quaker Potato

Oats, Rolled 273

Husks

Seed, Lucraban 1.10

F lour, ShreddedWheat, 274 Seed,

Seed, Melon Fir-nuts

Pine—i.e. 0.41

1.00

Tapioca & Flour)

Tapioca Free 275

276 Seed, Sesamum 0.24

Flour, & Yam Sugar CaneDried, Pre- 0.06

241 Chestnuts

242 China-root Value 51.60 277

%

Picul 4.50 278 Vegetables,

pared and Salted Value 5 %

243

244 Cinnamon,

Cloves, in inbulkbulk 0.90

l 245 Cloves, Mother 0.37 279 Sugar, Sugar.

Brown, under

24fl Cocaine Value

Picul 0.20%

5 No. 11 DutchSugar Stan-” Picul

248 Qalangal

247 Ginseng,

not Clarified Clarified

(including or 280

dard & White,

Sugar, “ Green over No.

Beard, Roots A Cut- 10(incldg.DutchRefined Standard

Sugar) 0.32

tings, hut not includin g Sugar

Wild Ginseng):—

a. 1st Quality—value

281 Loaf White,

Sugar

Cube and

0.79

0.45

over Hk. Tls. 36 Sugar Cane 0.05

per Quality—value

catty Catty Wines, Beer,

b. 2nd

over Hk. Tls. Hk.25 Waters,Spirits,

etc. Table

and 283 Champagne Aunderother

any f Case of

35notperovercatty...

Tls.Quality—value

c. 3rd

Wine

label “sold Champagne the-]

” ( 1224 bts.or

J-bts. j- 1.30

over Hk. over

Tls. Hk.11 284 Sparkling Astis 0.55

0.65

and not 285 Other

StillWhite, Sparkling

Wines,exclusively Wines

Red or

Tls.

d. 4th 25 per catty... 286

overQuality—value

but notHk.overTls.Hk.6, the

natural producefermenta-

of the

Tls.Quality—value

11 per catty... 0.43 tion

includingof Grapes Vins (notde

e. 5th Liqueur) : —

but notHk.overTls.Hk.3,

over

0.23

a.b. InIn bulk

bottles Imp.gal.of

0.42

0.063

Tls.Quality—value

6 per catty ...

f. 6th

not over 287 Port Wine, in bottles ^ 1224Case bts.or

J-bts. j 0.70

3 perWildcattyHk. Tls. Port Wine, in bulk ... Imp.gal. 0.23

50.088 Case of

1

249

260 Ginseng, Value % Marsala, in bottles ... ^ 1224 bts.or i-bts. j 0.40

251 Groundnuts,

Groundnuts, inShelled

Shell ...... Picul 0.17

0.23 290 Marsala, in bulk Imp.gal. 0.16

252 Hops Value 58.70% 291 Vins

than dePortLiqueur

and Marsala other

263

i 255 Isinglass,Fresh

254 Lemons, Vegetable ... Picul (viz., Madeira, Malaga,

Lichees, DriedDried ... 1,000

Picul 1.70

0.73 Sherry, etc.) :—

256 Lily Flowers,

267 Lungngan Pulp 0,60

0.94 a. In bottles £ 1224Casebts.or of

1-btS.

258 Lungngans, Dried 0.63 b. In bulk Imp.gal.

42 REVISED IMPORT TARIFF

d. Tls.Value4.50over Hk. I Per Hk.

Tls,

Vermouth, Byrrh Quinquina and 1f Ijl2Caselitresof • 0.38 but 6.50not |

„ in bulk gal,# 00.9413 over Hk. Tls.

Sake, inin barrels I|Imp.

l Picul

2s7vo 0.47 e. per Value1,000 over Hk. ;

Sake,

*Ale,

10 go=\ bottles Tls. 3.00 but not

Beer,sho=3.175

Cider, pints.

Perry over1,000 Hk. Tls. 4.50

& similar Liquors

| of Fruits & Berries:— made /. per Value1.50over

Tls. Hk.

j a. In bottles ^ qts. or M | j 0,094 over

per Hk. butTls,not3 j

1,000

b. In casks |lmp.sal. | 0,029 g. orValueHk.Tls. 0.11

Porter

in bottles and Stout, 1! *24 ! ] 0.21

. .>ts. >0,05 Cigars:— less per 1,0001.50... | 0.0&

Porters & Stouts, in casks Imp.gal. a. Tls.Value40 perover1,000... Hk.

Brandy, Cognac and

Whisky, in bulk

Brandy and Cognac, (i on! i ] 0.84

» j 0.20 b. Hk. ValueTls. 40notp, 1,000 over j| 3.00

in bottles

Whisky, in bottles rep. qts,

, 0.70 Snuff Leaf:—-

Tobacco, Value 51.30

%

Gin, inin bottles 0.38 a. Tls.Value60 peroverpicul... Hk. Picul

Gin, bulk Imp.gal. i 0.15 b. Value not over 4.0Q1

Rum: Hk.Tls. 60 per picul 1.60

In bottles , Tobacco, Prepared:—

b. InRumbulk (not incl. a. under

In tins orlbs.packages Value

for industrial

purposes only)Aqu-... b. Ined inbulktins(notoreach...

5 pack-

tin-

5%

Other

avit, Spirits—i.e.. linedStalk cases) Picul

etc.:—Vodka, Punch, Case Tobacco,

a. In bottles 1 rep.of qts. 12 j 0.65 Chemicals and Dyes.

Imp.gal. 0.22 Chemicals.

Liqueurs ^ ] 0.70 Acid, Acetic in pack-

Waters,Table, Aerated}( 0.07 ,, Boracic, ages of7 lbs. not each

less

and

SpiritsMineral

of Spirits

Wine andor than 0.96

Rectified „„ Hydrochloric

Carbolic (i.e.. Value 5%

Alcohol

Unsweetened (including

Arrack, Muriatic) in bulk Picul 0.24

Methylated Spirits, „„ Sulphuric

Nitric 0.55

0.18

Wood

Fusel Oil) see 341. and

Alcohol Ammonia, in bulk 1.10

„ Chloride

SalSulphate

Ammoniac.of—i.e.,

Tobacco. ,, of ...

Cigarettes:—

a. Tls.

Value.12.50over Hk. Bleaching

ChlorideCrude ofPowder—i.e..

Lime

and all per 1,000

Cigarettes Borax,

Calcium,Sulphate or

Carbide ofof Refined

not bearing

tinctive a dis- Copper,

name onbrandeachor Glycerine

oflbs.noteachlessin packages

than :8

Cigarette.

b. Tls.

Value8.50over Hk.

not, |ji

but12.50 Hide

Manure, Specific 51.60%

over

per Hk. Tls. ical, orAnimal,

Artificial, * 'hem-

not

Value1,000

c. Tls. 6.50 over

but Hk,

not !

: otherwise

Naphthalene enumerated 0.52

over Hk. Tls. 8.50 Potassium,

of Bichromate 1.20

per 1,000... I Saltpetre 0.73

EE VISED IMPORT TARIFF

Name of Article. Name of Aeticle.

m.

Tls.

Soda Ash 0.13 Candles, Gums, Oils,

„ Bicarbonate

bulk of, in 0.29 Soap,Wax, Varnishes,

etc.

„„ Caustic 0.36

0.16

Crystal 0.33 Beeswax.Yellow.

Candles See 400.

„„ Nitrate

„ Concentrated

Saltpetre) of (Chile 0.41 Candlewick

Gasolene, Naphtha and>

,,„ Silicate ofof 0.20

0.26 Benzine. Mineral:—

Spirits Sulphide

of "Wine and) In case each of

Rectified Spirits or gallons

Alcohol (' i ncluding Imp. b. In bulk.., 10galls.

Am.

Unsweetened Ar- gallon | 0.03 Grease, Lubricating,

rack.

Spirits, Methylated

Wood Al- wholly or partly mineral Picul

. cohol and Fusel Oil) Gum Arabic

„„ Dragon’s-blood

Dyes and Pigments. Myrrh 0.55

„,, Olibanum 0.75

0.36

Aniline

wise Dyes

enumerated not other- 5 % „ Resin

Shellac and Button

&43 Bark, Mangrove 0.13 Lac Fuel 3.50

„„ Yellow

Plum-tree 0.19

0.25 „ Liquid Ton 0.97

Picul 1.00%

Blue, Paris (for

or Dyeing)

Prussian 2.40 Oil,

,, Castor, Lubricating Value

„ Medicinal... 50.50

Bronze Powder 3.50 „ Coconut Picul

Value

Carbon ,,„ Hardened

Kerosene:— P Case of 5°/o

1349 black) Black (i.e.,Lamp-

Carthamin

1.30

>350 Chrome Yellow 5% a. In case 4 each of

351 Cinnabar Picul 4A0 gallons

352

353 Cobalt,

Cochineal Oxide of Value 5 % b. In bulk | 10galls.

Am. [0.12

Tin ' 0.008

'3354

55

356

Cunao

Cutch or False

Dyes andor Gambier

Gambier

Colours, Un-

c. Tins,

d. empty empty

Case tins and two Each

5% Oil Linseed Imp.gal.

357

358 Gamboge

Green, Emerald, Schwe- Oilа.Lubricating:—

Wholly or partly ( Am.

infurt, (Orpiment)

Hartall or Imitation ... б. of mineral

Other originnot( gallon 10.021

kinds,

Indigo, Artificial,

tainingIndigotin

not more(highercon-

than otherwise enumer-

ated

20°/ o

strengths in propor- Oil, Olive,in bulk ...and

tion) 2.20 .Soap,

Laundry Household(including

Indigo,

Indigo, Dried,

Liquid Natural,.

Natural 6.60 Blue

Bars, Mottled),

and in bulk.

Doublets:

Indoin 50.41

% duty to be charged on

Laka-wood

Lead, Bed, White and 0.20 nominal thatweights,

provided such

Yellow

Logwood Extract 0.65 weights

than true be not less

Nutgalls

Ochre

0.77

1.00 that

weigh alessBarweights

than

and

does7 oz....

not Picul 0.66

5 %

Safflower

Sapanwood 0.65

0.19 Soap,

Stearine Toilet and Fancy Picul 50.90%

Value

Smalt

Turmeric 2.00 Turpentine:—

a. Mineral Imp.gal. I

Ultramarine 0.20

1.40 b. Vegetable

Vermilion Wax, Bees, Yellow Picul

White „ ZincArtificial.. 54.50% „ Vegetable

44 EEVISED IMPORT TARIFF

No. Name oe Article. TARIEfUeII AMD No. I Name of Article.

Hk.

Books, Maps, Paper, Per Tls. 414 Paper, StrawboardPlain.

and Wood Pulp. 415 „ and Unglazed Tissue

403 Books, Printed ororManu- Sulphite, M.G. Bleached

free

script,

bound Bound

(including Un-

Tele- Mechanical

Pulp Woodof

graphic Code Books,

PictureBooksBooksfor tea- and 416 „ Writing, Drawing,

Copy Art

Bank-note, Printing,

Parch-

ching

Drawing, Writing

andMusic and

Booksto ment,Grease-proof..

Pergamyn,

for teaching and

417 „ Unenumerated

Children,

cluding but notMusic

other in- 418

419 Wood

Wood Pulp, Chemical......

Books,office.

other Ledgers,

School, and

and cala. :—DryPulp, Mechani-

Privateand

Charts Stationery)

MapsMaps, (in-... Free b. Wet (not than

contain-

404 ing less

cluding

Relief Outline

Maps, Globes, per cent, moisture!40

and

for M odels

Educational and Charts

poses,

ching ofsuch as the pur-

Anatomy, tea-

etc.

Animal Substances,

405 NPaper,

ewspapers& Periodicals Raw and Prepared.

406 Cardboard, Pure Hides,

Bleached

Uncoated Sulphite,

Picul 0.84 SkinsLeather (Furs).and

407 „ bins

Cigarette, on bob- Hides, Buffalo

cludingor orweight

rolls (in-of 420

421 LeatherCalf Beltingorand Cow.

bobbin, roll) ... 3,20 422 „ Enamelled, Kid,

Ja-

408 „ Common Printing

(containing Wood Me- I! , panned, Patent,

chanical Leather, and/or

Cow, Coloured.

Enamell-

Pulp), Calendered I,

orSizedUncalendered, ed, Japanned

or Unsized, „ and Patent

Sole:-

424

409 „ White

Coatedor Coloured

Enamelled and / or Picul 0.48

on one

a.b. Other

Bellies & Shoulders

or both

„ Glazed,either sides Flint, 1.00 425 Skins (Furs), Beaver ...

410 Friction, or Plated, 426

427 „„ Fox Dog

& Marbled Paper... 428 „ ., Arctic,

411 „ M.G. Cap, White

Coloured,

Mechani- 429 „„ WhiteFox„ Legs

Red

430 ,, Goat, Tanned..

412 „ cal

ping,

Wood Pulp ...

PackingandWrap-

Brown or

0.48 431

432 ■ e d„ Untann-

Coloured (includ-

ing Kraft Paper).. 433 „ Hare

„,, Lamb & Rabbit

413 „ Printing, (freeWoodof 0.48 434

435 ,. Unborn.

Mechanical

Pulp), Calendered 436 „ Land-otter

437 „„ Marten,

Lynx

orSizedUncalendered,

oror Coloured

Unsized, 438

„ tanned Un-

Musquash

White 439

(including

and Simile

M G.including

Poster, 440

441 „„„ Sable

Raccoon

but not

Printing enum-

otherwise Paper 442 edSheep,

„„ Wolf

Squirrel

Untann-

erated) 0.75 443

444

REVISED IMPORT TARIFF 45

Name ok Akticlk.

Bones, Feathers,

Horns,Tusks, Hair,

Shells,etc.Sinews, Ordinary,

(includingManufactured

any process

further

sawing, than simple

Bones,Bezoar,

Tiger Indian eluding Masts ¬Spars):

but

Cow

Scales Picul Hardwood:

Elephants’

or Farts ofTusks,Whole a. Clear,

Feathers, Kingfisher,

Whole Skins...

Catty 0.19 measure,or nef)j sup.

„ Kingfisher,

Skins Part

(i.e.,Wings,

0.61 inoverHk.Tls.175

3,000value

sup. per

1- ft.,

ft.,JI B.M.

Tails,or Backs)... B.M

Hair,„ Peacock 50.40

2.40%

b. Merchantable, or

452

453

454 „ Horse

Horns, „ Tails

Buffalo and Cow. 3.80

net

over measure,

msup.value Tls.1,«not

Hk. per 12500

455 „„ Deer 0.65

2.50 ft., B.A1....

456 „ Old

,, ,, thern

Young, Nor- 7.00

Pair Softwood:

,, ,, Young,

thern Sou- a. Clear,

Musk

Sea-horseCowand

Teeth Deer... Catty 59.60% measure on.... net

b. Merchantable,

3.00

Sinews, Value

Picul 01.60% net measure on 2.30

Ordinary,Sleepers....

Masts & Spars 5%

Timber, Wood, Bam- Railway

boos, and Rattans. Teak-wood,

Planks and Logs Beams,... l 6.70

1,000 Wood, Bamboos and

Laths .. I pieces Rattans.

Ordinary Canes, Bamboo 0.57

Teak and(notWoods),

umerated

including

other en- Rattan

Rattans, Skin

Core or Whole 1.20

0.71

Rough „ Split 0.72

Logs:— & Round

Hewn, Wood, Camagon 50.22%

Hardwood, „„„ Ebony

Camphor

Fragrant

Hk. Tls.pernot751,0001

value

overin( 1,000

sup.ft., „„ Laka.

Garoo

Kranjee

0.15

5%

sup. ft, B.M ) B.M. Wood,

Wood, See 364.

Lignum-vitse ...

464 Softwood „ Oil

Wood Puru Picul

„,, Red and Rose ...

465 Ordinary, Sawn: — Sandal

„ „ Dust ... Value 5 %

Hardwood, not100 overin Wood, Sapan. See 370.

Hk.

value Tls.

per 1,000 sup.

ft., B. M 2.40 Wood,

„., ScaleScentedSticks 0.011

5%

Softwood Shavings, Hinoki

1.90

REVISED IMPORT TARIFF

No. Name or Article. Tariff Ustit and Name of Article.

Glass Window, Per

woodIn this Tariff,theby wood

Soft- mon, not over 20Com-1

oz. j!• sq.100ft.

ofandanyofis meant

coniferous tree in weight

Glass Window,per sq. ft.

“ needlee.g.,”all Pines,

ortreesspinous

572) ... Value 1.00

5%

leaves,

Spruces, Larches,Cedars, Firs, Stone & Manufac-

Yews, Junipers,

Cypresses. The woodandof tures of Earth.

all trees with broadas Cement Sand

Corundum

leaves is to be classed Emery

Emery-cloth, 545)sheetPowder

not

Coal, Fuel, Pitch, over 144 560)

and. Tar. Fire-bricks

Fireclay 50.53

%

0.061

492 Charcoal Picul

493

494 Coal

„ Etiquettes Ton 50.071

Value 0.34% Flints

Pebbles)(including Flint

Liquid Fuel See 387 Sand-paper,

over 144 sq. sheet

ins. not

(see

495 PitchCoal also 576

496 Tar, Tiles 50.20%

Chinaware, Enamel- Miscellaneous.

ledware, Glass, etc. Asbestos.

Basins, Asbestos Boiler Com-

497

498 13 ins. inTin.diameter

Chinaware

not over... Gross 50.42%

Value

position

Asbestos Fibre and

499 Enamelled Ironware: MetallicMillboard

Packing

Basins, Bowls, Cups- Asbestos

Asbestos

a.and Not Mugs:

over 11 centi- Packing Yarn and

Asbestos

Sheets

Dozen 0.045

b. metres

Overnot11in c.-metres

but

diameter

over

Bags, Mats, and Matting.

c.-metres

meter in dia-22 Bags, Cotton,

Bags, Gunny,New New (see 2.60

c. but

Overnot22 c.-metres also

Bags, 61) 0.41

c.-metres over

in dia-36 2) or Old

Gunny,

also 6'Hemp

Bags,

(see

H essian. 0.25

d. meter

Value Bags, Hemp

500 Enamelled

Unenumerated Ironware, Old (see

Bags, alsoorand

64)Hessian, 1,000 5°/

1.500

501

502 Glass

Glass, and Crystal Ware

Plate,overSilvered:— Mats,

Mats, Coir (Door)Grass. Dozen

Straw

Fancy Value 0.52

1. Not 5 sq. ft. Mats, Formosa Grass 5 7o

each:

a. Unbevelled

Bevelled 0.055

0.044

(Bed)Rattan

Mats, 50.49

%

2.b.a.Over 5 sq, ft. each :

Bevelled 0.063

Mats,

Mats, Rush

Straw 100

b.Plate,

Unbevelled ... 0.052 Mats,

Matting, Tatami

Coir, 36 ins. ( Eachof

Roll

503 Glass Unsilvered: by 100 yds 100yd.of

'I Roll [2.60

1. each:

No over 5 sq, it. Matting,

0.045 by 40 ydsStraw, 36ins.^( 40 yd. [ 0.27

2. Over b.a. Unbevelled

Bevelled .........

5 sq. ft. each:

0.03 Buttons.

a.b. Unbevelled

Bevelled 0.053 Buttons,

Jewellery,Fancy

etc.) (Glass,

... 0.045

EEYISED IMPORT TARIFF

Name of Article. Name of Article.

Buttons, Metal (not in-of { Per

cluding those made Match-making Materials:— |

Precious Metals

Preciousor Chlorate of Potash 0.38

plated

Metals)with 0.01 Emery

Labels & Glass Po\\ der.... | Value

Picul

.. 0.12

Buttons, Porcelain 0.017 Phosphorus Picul 6°/*

2.2

Buttons, Shell 0.0.9 Wax,

401; Paraffin

Wood Shavings

0.18

„ Splints 0.16

Fans,

,, Palm-leaf, „ Fancy Coarse Metal Thread. \

„„„ Silk

Paper„ or Cotton...

Fine... 2.50 on Cotton

Umbrellas & Sunshades: 5 °/o tion, on Cotton 0.12

With Handles wholly '1Imitation,

orMetals,

partly of Precious

Ivory, Mo- Sundry.

ther-of

toiseshell, - Pearl,

Agate, Tor-

etc., Amber

or Jewelled Bamboo

Blinds, and Bam-

other

Withles, allallCotton:

other Hand- Bamboo Ware

a. over

Length of rib not Bent-wood

Coir Yarn Chairs

b. 17Length 17 ins

Twine

0.032 Cornelian

With allinsothernotHand- ,,

Emery-cloth, Stones, Rough

not 100 0.30

les,

With Mixtures, Silk 0.086 over 144 sq.and inssheetother Ream 0.53

Silkallandother Handles,

Silk Mixtures 0.13 Furniture

Wood ware Value 5°/0

Files and Needles. Glue

Fish Cow,(not including

Glue)

Files of all kinds :—only, Glue, Refuse Picul

а. Filing

not oversurface4 ins. only,

long 0.091 Glue, Fish

India-rubber andGutta-

б. Filing

over 4 surface

ins. but not... percha, Crude Old or

India-rubber,

over 9 surface

c. Filing ins. longonly, 0.14 Waste

over 9 ins. but not... Inks

Insect ofPowder

all kinds

over

Filing1414surface

d. over ins. long 0.28 Lampwick 3,10

ins. longonly,...

Needles, Hand-sewing.. 0.62

5%

Leather

Machines,

Knitting

Purses

Sewing and 1.20

Mirrors 5°/c

Matches

making and Match-

Materials. Moulding,

Oakum Picture

Matches, Wood, Safety Rope

Sand-paper, sheet,

ora. other:—

Small, in boxes not over 144

Shoes ins not

andsq.boots 0.20

Starch 5%

b. by | in in ^boxes f

Large,

not over by }ins. 4

6% Sulphur

Tinder Picul

by 1 Jins, ^ 0.86 Worm Tablets, in Bot-

c. In boxes whosein.di-(. tles, not over 60 pieces Dozen

mensions

any one ofgivenexceed

the di- Unenumerated

mensions un- Goods.

der (6.) above 5% Unenumerated Goods.. Value 5°/o

REVISED IMPORT TARIFF

.RULES

Rule I.

and theImports

value unenumerated

upon which Dutyin this

is to Tariff

he will payshall

calculated Dutybeatthe thewholesale

rate of 5 per marketcent,value

of the

goods

considered in local currency.

to be ofhigher 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 thecent,goods thehave Duty-paying

been sold value

before of the goods.

presentation to the Customs of the Application

pay

market Duty,value.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 for inDuty-paying

the price ofpurposesDuty andwithoutother charges, such mentioned

c. f. and i. inprice shall be taken as the

tion ofThe importer,

imported goods, if dissatisfied

or the amount withofthethe

Duty

deduction

decision

or of theassessed

charges asthe

Customsthereon, to thepreceding

may, orparagraph.

valuewithin classifica-

twenty

days

writing afterwiththethefilingCommissioner

of the Application to pay setting

of Customs, Duty orforth other Customs entry, file a protest in

Pending

the a finalof decision

deposit full in theandcase,

merchandise Dutiesmayasbespecifically

released

may be tohistheobjection

claimed byimporter

the

thereto.

upon

Customs,

provided

ofwithin the case, infrom

the merchandise the Customs

opinion ofcustody.

the Customs,Uponcanand

thebefiling heardof protest

satisfactorily

the after the release

Commissioner

fifteen days thereafter, review his decision,

shall be referred to a Board of Arbitration, composed as follows :— if the protest is not sustained theshall,

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. etc., which

findingmay of arise during the of thesittings ofwhich

the Board

beuponannounced

both parties. Each of days

the ofThemerchants

two thefinal

reference on (not

the

theincluding

Board

majority

will holidays),

be entitled

Board,

will must

befee binding

Haikwan Taels.

sustaining that Should theshould

valuation, Boardit sustain

decide the Customs

that the goods valuation,

have been in the event byof Ten

to

or, undervalued a of not

the

importer

wise, the tofeesthewillextent

be of not

paid by less Customs.

the than 71 perShould cent., the

the Board

importerdecide willthat

pay the thecorrect

fees ; ifvalue

other-

of

the

claimedgoods to is

pay 20 per

Duty, cent,

the (or

Customs more) 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.

and Silver,The following

both Bullionwill and

not Coin;

be liablePrinted

to Import

Books, Duty : Foreign

Charts, Rice,

Maps,and Cereals,and

Periodicals and Newspapers.

Flour; Gold

Coins A freight will

excepted; or part freight ofvessel

Duty-free commodities (Gold Silver Bullion and Foreign

to TonnageDrawbacksDues. will be issued for Ship’s Stores and Bunker Coal when taken on board liable

render the carrying them, though no other cargo be on board,

Rule III.

authorisedExceptto atpurchase the requisition

Import Chinese Government, or for saleAmmunition,

to Chinese duly

Munitionshaveof War

Customs proof ofthatevery

the necessary No isPermit

description.authority prohibited

has to land

been

in them

given

all

to

Arms,

thewillImporter. until and

be issuedInfraction the

ofis absolutely

this rule will be punishable

prohibited. by confiscation of all the goods concerned. The import of Salt

Rule IY,

The

ofdruggists,

the followingimportation

articles ofisOpium and Poppy

prohibited except Seeds

under is absolutely

bond by qualifiedprohibited.medical Thepractitioners,

importation

containing and chemists:

Morphia, Opium, Morphia

or and Cocaine

Cocaine; Stovaine, andHeroin,

HypodermicThebaine, Syringes;

Ghanja, Anti-Opium

Hashish, Pills

Bhang,

Cannabis Indica,

Opium and Cocaine. Tincture of Opium, Laudanum, Codeine, Dionin, and all other derivatives of

CUSTOMS TAKIFF ON EXPORTS 49

TAEIFF ON EXPOETS

(As annexed to the Tientsin Treaty of 1858)

Name of Article. of Article. Tariff Unit

T.0 m.0 c.4 c.5 Per T.0 m.10c. c.5

Picul

.Alum„ Green or Copperas 00 5100 00 Galangal Garlic : 0030

Aniseed,

„ BrokenStar 05 02 05 00 Ginseng, Native or,Ja- ) ad valorem 5 p. cent.

„ pan,Corean

Oil- 1st quality ) Catty 0 5 0 0

Apricot

.Arsenic Seeds, or Almonds 00 44 55 00 „ Beads

Glass „ 2nd quality... Picul 00 35 50 00

Artificial Flowers 15 0 0 02 55 00 00

Bamboo Ware 00 75 05 00 Glasseloth,Vitrified

Glass or Fine Wire... 0010 750

iBangles, orPeas

Glass Armlets

;Beans

•Bean and

Cake

00 00 63 05 Ground-nuts „ Cake 0 0 3 00

Bone

Brass and Horn Ware 315 0 000 000 Gypsum,

Plaster ofGround,

Paris or)l 0030

„„ Buttons

Foil

Ware 15

10 0 0 Hair,

Hair, Camels

Goats 001051805 000

„ Wire 115 0 Hams 00 33 55 00

•Camphor ... Thousand 002 075 005 000 Hartall,

Hemp or Orpiment

Cantharides..

Capoor Cutchery Pioul Honey

03 53 00 00 Horns, Pair 00 99 00 00

■-Cassia

Carpets and Druggets .

Lignea 0 6 0 0 „ InkDeers’,

India „ YoungOld ... Picul 4130 05 00

„„ TwigsBuds 00 8150 00 Indigo, Dry 10 0 0

„ Oil 9 0 0 0 Ivory Ware

Joss-sticks Picul 00 2150 00

Catty

Castor

Chestnuts Oil 00 2100 00 Kittysols,

UmbrellasWareor Paper)1 Hundred 0 5 0 0

-China Roots 0 13 0 Lacquered Picul 01 06 00 00

Chinaware,„ Fine

Coarse 00 94 05 00 Lamp wicks(Miniumj ... 00 33 55 00

0157 05 00 ,,„ Yellow,

White, (Ceruse) ...

Clothing, Cotton (Massicot). 0350

Coal „ Silk 10 0 0 0 Leather Articles, as) 15 0 0

0 0 4 0 Pouches, Purses j

'-Copper

Coir Ore 00 5100 00 Lichees,, Green 001822 007 000

„„ and

Sheathing,

PewterOld Ware. 0115 5 0 00 Lily „ Flowers,

Seeds or Dried

Lotus Nuts 0500

•Corals, False

Cotton, Raw . ’ 0 0 3

3 5

5 0

0 Liquorice

Lung-ngan 000 231355 005

„ withoutCakes, Stone.

Cow,, Bezoar

-Crackers,

Bags

Fireworks. | 000 035 064 005 Manure Poudrette or/1 0090

-Cubebs | 1 5 0 0 Marble Slabs 00 22 00 00

•Curiosities, Antiques 5 p. cent. Mats of all kinds Hundred

roll of 1

Dates,

„ Green Black

Red 0 15 0 Matting j 40 yards ) 0 2100 00

0

.Dye,

TSggs, Preserved Catty 000 083 095 000 Melon

Thousand Seeds Ware ... Picul

Mother-o’-Pearl Catty 0 10 0

Fans, Feather Hundred 00 07 45 05 Mushrooms Picul 0159 00 00

Catty

„,, Palm

Paper Leaf, Musk

„ Palm Leaf,trimmed

trimmed un-1) 0 3 6 0 Nankeen

0 2 0 0 Nutgalls

and Native)I Picul 15 0 0

Cotton Cloths 0500

'Felt„ CapsCuttings Picul 0 10 0 Oil, as Bean, Tea, Wood, I' 0300

Fungus, or Agaric Hundred 12 5

Picul 0 6 0 0 Oiled Paper 0 Cotton & Hemp Seed 0450

50 CUSTOMS TAKIFF ON EXPORTS

Name of Article. Name of Article. Tariff Unit

T. m. c. c. Per T.m. c. c-

Olive Seed Sea-shells. 00 03 09 00 Silk, Ribbons and Thread Picul 10 0 0 0'

Oyster-shells,

Paint, Green or Cotton \ 0450 ,, Piece

Pongees, Goods,—1

Shawls,

Palampore, Hundred 2 7 5 0 Scarves, Crape,

Satin, andGauzes, I 12 0 0 0-

Bed 1st

Paper,

Quilts

2nd quality

) Picul 00 74 00 00 Velvet

broidered Em- J|

Goods

Pearls, False 20 03 00 00 ,, Piece chuen.Goods,—Sze-

Shantung j) 4500

Peel,

„„ Orange

Pumelo, 1st quality 00 4155 00 ,,„ Tassels

„ Leaf2nd Caps 100 09 00 O0-

Peppermint ...., 0 10 0 Silk and Cotton Mixtures Picul 5 0 0 0- Hundred

Pictures Oil .

andon Paintings... Each 03 5100 00 Silver Snuff

Soy Braid

and Gold Ware ... 100 08 00 0-0

Pictures

Rice Paper Pith or)l Hundred 0 10 0 Straw 0400

Pottery,

Preserves, Earthenware

Comfits, and...\)

Picul 0 0 5 0 Sugar, „ Brown

White 000 721200 0*0*0

Sweetmeats 0 5 0 0 „ Candy 00 22 05 0*0

Rattans,

Rattan Split

Ware 00 23 05 00 Tallow, Animal

„ (seeVegetable

Rhubarb 12 5 0 Teaend Note at the) 0300

RiceMillet,

or Paddy, of the Tariff) ... j 2500

Grains and Wheat,

other)h> 0 10 0 Tin Foil

Tobacco, Prepared „ 12 5 0

Rugs of Hair or Skin Each 00 0159 00 Tobacco,

Picul LeafWare |I Catty

Tortoiseshell „ 00 4155 00

Samshoo 10 0 Trunks, Leather tj Picul 0 200

Sandalwood Ware

Sessamun Seed Picul 000 15

Catty

13 05 Turmeric

Twine, Hemp, Canton ... ,,„ 01 5100 0*0

Shoes

ther and Boots, Lea-1Jf

or Satin 3 0 0 0 Turnips, „ Soochow...| „„ 00 5150 0*0

,, Salted

Varnish, 0 18 0

Shoes,

Silks, Straw

Raw and Thrown... quer Crude Lac-j) jj ”„ 0 5 0 0

Vermicelli

or

„ Yellow,

chuen from Sze-J; 7 0 0 0 Vermillion „„ 02 5180 0-0

„ Reeled from Dupions Wax, White orPoles,

251005 000 000 Wood—Piles, Insect& ...1 Each 15 0 0

Silk,„ Wild

Refuse Raw

34 03 00 00 WoodJoistsWare .....i Picul, 0 0 3 0

^

„„„ from

CocoonsCanton...,

Floss,

other Provinces 10 0 0 0 Wool 01153 5 00

practiceTEA.—Coarse unfired

of the Shanghai Japanese

Customs to charge Tea duty

imported for localon Tea

of this description.February, 1861, it has been the-

April, Tea

1861,imported

JapanesefromTeaJapan for forthe re-exportation

imported purpose of beinghasrefined and re-exported

been dealt to a Foreign

with at Shanghai countru.—Since

according to the followingtherule1st of

will be “Tea imported

allowed a into this

reduction on portactual

the from weight

Japan forimported

the purpose

of of beingperrefired

Twenty andon re-exported

cent, the Import toduty,

a Foreign

and country

exported

provided a Drawback

that the termsCertificate

of forXLV.

Article the entire

of the amount

Treaty of duty paid

between willBritain

Great be granted

and on application

China be complied usualwhen

in thewith, manner,

and

re-

that

the weights, &c., &c., be correctly declared.”

Mace Brick Tea.—In the Tariff appended to the Russian Regulations of 1862, the Export duty on Brick is fixed afe

per picul.

RULES

{Annexed to the Tariff of 1858)

Rule I.—Unenumerated Goods.—-Articles not enumerated in the list of exports,

•but enumerated in the list of imports, when exported, will pay the amount of duty

.-set against them in the list of imports; and, similarly, articles not enumerated in

the list of imports, but enumerated in the list of exports, when imported, will pay

•the amount of duty set against them in the list of exports.

Articles not enumerated in either list, nor in the list of duty-free goods, will pay

.an ad valorem duty of 5 per cent., calculated on their market value.

Rule II.—Duty-free Goods.—Gold and silver bullion, foreign coins, flour, Indian

meal, sago, biscuits, preserved meats and vegetables, cheese, butter, confectionery,

foreign clothing, jewellery, plated-ware, perfumery, soap of all kinds, charcoal,

firewood, candles (foreign), tobacco (foreign), cigars (foreign), wine, beer, spirits,

.household stores, ship’s stores, personal baggage, stationery, carpeting, druggeting,

cutlery, foreign medicines, glass, and crystal ware.

The above pay no import or export duty, but, if transported into the interior

will, with the exception of personal baggage, gold and silver bullion, and foreign coins,

pay a transit duty at the rate of per cent, ad valorem.

A freight, or part freight, of duty-free commodities (personal baggage, gold

and silver bullion, and foreign coins, excepted) will render the vessel carrying them,

though no other cargo be on board, liable to tonnage dues.

Rule III.—Contraband Goods.—Import and export trade is alike prohibited in

the following articles: Gunpowder, shot, cannon, fowling-pieces, rifles, muskets,

pistols, and all other munitions and implements of war; and salt.

Rule IV.—Weights and Measures.—-In the calculation of the Tariff, the weight

■of a picul of one hundred catties is held to be equal to one hundred and thirty-three

.and one-third pounds avoirdupois; and the length of a chang of ten Chinese feet to

be equal to one hundred and forty-one English inches.

One Chinese chih is held to be equal to fourteen and one-tenth inches English;

and four yards English, less three inches, to equal one chang.

Rule V.—Regarding Certain Commodities Heretofore Contraband.—The restric-

tions affecting trade in opium, cash, grain, pulse, sulphur, brimstone, saltpetre, and

spelter are relaxed, under the following conditions:—

1. —*Opium will henceforth pay thirty Taels per picul import duty. T

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 prohibi

shall be lawful for British subjects to ship it at one of the open ports of China.to

.another, on compliance with the following Regulation:—The shipper shall give

notice of the amount of cash he desires to ship, and the port of its destination, and

■shall bind himself either by a bond, with two sufficient sureties, or by depositing

X- For Opium duty see Convention signed in 1885, also the Treaty ot 1902.

52 CUSTOMS TARIFF

such other security as may be deemed by the Customs satisfactory, to return, within

six months from the date of clearance, to the collector at the port of shipment, the-

certificate issued by him, with an acknowledgment thereon of the receipt of the cash

at the port of destination by the collector at that port, who shall thereto affix his-

seal; or failing the production of the certificate, to forfeit a sum equal in value to

the cash shipped. Cash will pay no duty inwards or outwards ; but a freight or part

freight of cash, though no other cargo be on board, will render the vessel carrying it

liable to pay tonnage dues.

3. —The export of rice and all other grain whatsoever, native or

where grown or whence imported, to any foreign port, is prohibited; but these-

commodities may be carried by British merchants from one of the open ports of

China to another, under the same conditions in respect of security as cash, on pay-

ment at the port of shipment of the duty specified in the Tariff.

No import duty will be leviable on rice or grain; but a freight or part freight of

rice or grain, though no other cargo be on board, will render the vessel importing it

Cable to tonnage dues.

4. —#The export of pulse and beancake from Tung-chau and N

the British flag, is prohibited. From 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 munition

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 th&-

seaboard, nor to accompany them into the interior on behalf of Chinese. They must

be sold at the ports only, and, except at the ports they will be regarded as Chinese-

property.

Infractions of the conditions, as above set forth, under which trade in opium,,

cash, grain, pulse, saltpetre, brimstone, sulphur, and spelter may be henceforward

carried on, will be punishable by confiscation of all the goods concerned.

Rule YI.—Liability of Vessels Entering Port. For the prevention of misunder-

standing, it is agreed that the term of twenty-four hours, within which British vessels-

must be reported to the Consul under Article XXXVII. of the Treaty of Tientsin,

shall be understood to commence from the time a British vessel comes within the limits-

of the port; as also the term of forty-eight hours allowed her by Article XXX. of the-

same Treaty to remain in port without payment of tonnage dues.

The limits of the ports shall be defined by the Customs, with all consideration

for the convenience of trade compatible with due protection of the revenue; also the-

limits of the anchorages within which lading and discharging is permitted by the

Customs ; and the same shall be notified to the Consul for public information.

Rule VII.—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

upon merchandise imported or exported by British subjects to be one-half of the tariff

duties, except in the case of the duty-free goods liable to a transit duty of 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

Article

Pulse IV. of Rule

and bean-cake No. 5 appended

mayterms to

be henceforth the Tariff isBritish

offrom1858Tungchow

exportedas are

Consulate, Shanghai, 24th March, 1862..

rescinded.

andNative

Newchwang, andbyfrom all other ports in China

open

the by Treaty,

5th December on the same

last; that and conditions applied to other produce thethehalf-duty

portRegulation-bearinganddate

dis- •

charged at anj' Chinese port isontopayment

say, theyofmay be shipped

half-duty, with onpower

payment

to claimof Tariff dutyofatthe

drawback of shipment,

if re-exported.

By order, Walter H. Medhurst, Consul.

CUSTOMS TARIFF S3-

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

made, and on receipt of the transit duty due, issue a transit duty certificate. Thm

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.

In the Case of Exports.—Produce purchased by a British subject in the interior

will be inspected, and taken account of, at the first barrier it passes on its way to the

port of shipment. A memorandum showing the amount of the produce and the port

at which it is to be shipped, will be deposited there by the person in charge of the

produce; he will then receive a certificate, which must be exhibited and 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

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 XXYIII. 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

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, 13th 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-Pitzmaurice, Marquess of Lansdowne, His Majesty’s

Principal Secretary of State for Foreign Affairs ; and

His Majesty the Emperor of China, Chang Teh-Yih, Brevet Lieutenant-General

of the Chinese Imperial t'orces, 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 in 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 Britannic 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 eth preceding three years.

EMIGRATION CONVENTION 53-

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,

together with the British Consular Officer at the port, or his Delegate, shall make

known by Proclamation and by means of the native press the text of the Indenture

which the emigrant will have to sign, and any particulars of which the Chinese officer

considers it essential that the emigrant shall be informed, respecting the country to-

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 part 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 be 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 work, 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-

EMIGRATION CONVENTION

provide that the emigrant shall, if considered necessary by the medical authorities,

be vaccinated on his arrival at the Depot, and in the event of such vaccination being

unsuccessful, re-vaccinated on board ship.

Art. VIII.—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 his 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

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

•of labour without the emigrant’s free consent and the approval of his Consul or

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

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

Eegulations

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 (vide Section 57 of “TheIndian 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”).

Buies as to space on board (vide Section 58 of “ The Indian Emigration-

Act, 1883”).

Carriage of qualified surgeon, with necessary medical stores.

Storage of drinking water (vide Buie 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:—

Bice, not less than 1| lb., or flour or bread stuffs

Fish (dried or salt) or meat (fresh or preserved) 0l „

Fresh vegetables of suitable kinds l| „

Salt 1 oz.

Sugar H

Chinese tea 0i >,

Chinese condiments in sufficient quantities.

Water, for drinking and cooking 1 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 op 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 Yice-Consul to watch over their interests and well-being, and such

Consul or Yice-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 Yice-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,

(Signed) Lansdowne.

Chang Ta-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

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, &c.

(Signed) T. Y. Chang.

The Marquess of Lansdowne, K.G.,

etc., etc., etc.

AGREEMENTS RESPECTING TIBET

Signed at Peking, April 27th, 1906

Tb Which is Annexed the Convention Between the United Kingdom

and Tibet, Signed at Lhasa, September 7th, 1904

Ratifications exchanged at London, July 23rd, 1906

Whereas His Majesty the King of Great Britain and Ireland and of the British

Dominions beyond the Seas, Emperor of India, 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 the refusal of Tibet to recognise the validity of or to carry into

full effect the provisions of the Anglo-Cbinese Convention of March 17th, 1890, and

Regulations of December 5th, 1893, placed the British Government under the necessity

-of 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

7th, 1904, on behalf of Great Britain and Tibet, and was ratified by the Viceroy and

Governor-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

being appended thereto;

His Britannic Majesty and His Majesty the Emperor of China have resolved to-

conclude a Convention on this subject, and have for this purpose named Plenipoten-

tiaries, that is to say : —

His Majesty the King of Great Britain and Ireland :

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 Convention 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 China

also undertakes not to permit any other foreign State to interfere with the territory

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 are 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 there being any

difference of meaning between them the English text shall be authoritative.

Art. VI.—-This Convention shall be ratified by the Sovereigns of both countries-

and ratifications shall be exchanged in London within three months after the date

of signature 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.] Ernest Satow.

(Signature and Seal of the Chinese

Plenipotentiary.)

AGREEMENTS RESPECTING TIBET

Signed at Lhasa, 7th September, 1904

Whereas doubts and difficulties have arisen as to the meaning and validity of the

.Anglo-Chinese Convention of 1890, and the Trade Eegulations of 1893, and as to the

liabilities of the Tibetan G-overnment 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

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-Eimpoche, 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 An

1890 and to recognise the frontier between Sikkim and Tibet, as defined in Article I.

-of the said Convention, and to erect boundary pillars accordingly.

II. —The Tibetan Government undertakes to open fo

, all British and Tibetan subjects shall have free right of access at Gyangtse and Gartok,

as well as at Yatung.

The Eegulations 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

III. —The question of the amendment of the Eeg

■-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 t

•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

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 Eupees 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 Eupees one lakh each

on the 1 st J anuary in each year, beginning from the 1st January, 1906.

VII. —As security for the payment of the above-m

;f ulfilment of the provisions relative to trade marts specified in Articles II., III., IV., and

AGREEMENTS RESPECTING TIBET 61

V., the British Grovemment shall continue to occupy the Chumbi Valley until the

indemnity has been paid and until the trade marts have been effectively opened for

three years, whichever date may be the later.

A? III.—The Tibetan G-overnment agrees to raze all forts and fortifications and

remove all armaments which might impede the course of free communications between

the British frontier and the towns of Gyangtse and Lhasa.

IX. —The Government of Tibet engages that, without the prev

'British Government—

(a) No portion of Tibetan territory shall be ceded, sold leased, mortgaged, or

•otherwise given for occupation, to any foreign Power;

(b) No such Power shall be permitted to intervene in Tibetan affairs;

(c) No representatives or agents of any foreign Power shall be admitted to Tibet;

(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;

(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, a

■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

position, 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 terri

of Tibet and to abstain from all interference in its internal administration.

II. —In conformity with the admitted principle of the suzerain

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 diiect 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 en

representatives to Lhasa.

IV. —The two High Contracting Parties engage neither to

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 o

in kind or in cash, shall be pledged or assigned to Great Britain or Russia or to any

of their subjects.

62 AGREEMENTS RESPECTING TIBET

Annex

Q-reat Britain reaffirms the Declaration, sighed by His Excellency the Viceroy

and Governor-G-eneral 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 the-

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 18th (31st) August, 1907.

[L.S.] A. Nicolson.

[L.S.] IsWOLSKT.

St. Petersburg, August \%th (31si), 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 three 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

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 of three years from the date of the present communication,

the entry into Tibet 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

[Done 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

-•and consumption of opium in China, they would continue in the same proportion of

ten per cent, the annual diminution of the export of opium from India, until the

completion 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. —From 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

dng 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 continuance 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.

HI.—His Majesty’s Government further agree that Indian opium shall not be

-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.

IY.—During the period of this Agreement it shall be permissible for His

Majesty’s Government to obtain continuous evidence of this diminution by local

enquiries and 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.

Y.—By the arrangement of 1907 His Majesty’s Government agreed to the

despatch by China of an official to India to watch the opium sales on condition that

such official would have no power of interference. His Majesty’s Government

further agree that the official so despatched may be present at the packing of opium

on the same condition.

64 OPIUM AGEEEMENT

VI. —The Chinese Government undertake to levy a

grown in the Chinese Empire. His Majesty’s Government consent to increase the-

present consolidated import duty on Indian opium to Tls. 350 per chest of lOO*

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 be

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

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

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 de

the unexpired portion of seven years to modify this Agreement or any part thereof,,

it may be revised by mutual consent of the two high contracting parties.

X. —This Agreement shall come into force on the date

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) thi&

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. [li.S.] Tsotr Chia-lai.

OPIUM AGREEMENT 66

Annex

On the date of the signature of the Agreement a list shall be taken by the

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

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

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 T’ung.

[l.s.] J. N. Jordan. [l.s.] Tsotr Chia-lai.

3

FRANCE

TUEATY OF PEACE, FRIENDSHIP, COMMERCE, AND

Signed, in the French and Chinese Languages, at Tientsin, 27th June, 1858

Ratifications Exchanged at Pelcing, 25th October, 1860

His Majesty the Emperor of the French and His Majesty the Emperor of China,

being desirous to put an end to the existing misunderstanding between the two

Empires, and wishing to re-establish and improve the relations of friendship, com-

merce, and navigation between the two Powers, have resolved to conclude a new

Treaty based on the common interest of the two countries, and for that purpose have

named as their Plenipotentiaries, that is to say:—

His Majesty the Emperor of the French, Baron G-ros, Grand Officer of the Legion

of Honour, Grand Cross of the Order of the Saviour of Greece, Commander of the

Order of the Conception of Portugal, etc., etc., etc.

And His Majesty the Emperor of China, Kweiliang, Imperial High Commis*

sioner of the Ta-Tsine 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

due form, have agreed upon the following Articles:—

Art. I.—There shall be perpetual peace and friendship between His Majesty the

Emperor of the French and His Majesty the Emperor of China, and between the

subjects of the two Empires, who shall enjoy equally in the respective States of the

high contracting parties full and entire protection for their persons and property.

Art. II.—In order to maintain the peace so happily re-established between the

two empires it has been agreed between the high contracting parties that, following

in this respect the practice amongst Western nations, the duly accredited diplomatic

agents of His Majesty the Emperor of the French 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.

The diplomatic agents shall reciprocally enjoy, in the place of their residence,

the privileges and immunities accorded to them by international law, that is to say,

that their persons, their families, their houses, and their correspondence, shall be

inviolable, that they may take into their service such 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

TKEA.TY BETWEEN FRINGE AND CHINA 67

it shall please the Emperor of China to accredit to His Majesty the Emperor of

the French, shall be received in France with all the honours and prerogatives which

the diplomatic agents of other nations accredited to the Court of His Majesty the

Emperor of the French enjoy.

Art. III.—The official communications of the French diplomatic and consular

agents with the Chinese authorities shall be written in French, but shall be accom-

panied, to facilitate the service, by a Chinese translation, as exact as possible, until

such time as the Imperial Government at Peking, having interpreters speaking

and writing French correctly, diplomatic correspondence shall be conducted in this

language by the French agents and in Chinese by the officers of the Empire.

It is agreed that until then, and in case of difference in the interpretation, in

reference to the French text and Chinese text of the clauses heretofore agreed upon

in the conventions made by common accord, it shall always be the original text and

not the translation which shall be held correct. This provision applies to the

present Treaty, and in the communications between the authorities of the two

countries it shall always be the original text, not the translation, which shall be

held correct.

Art. IV.—Henceforth the official correspondence between the authorities and the

officers of the two countries shall be regulated according to their respective ranks and

conditions and upon the basis of the most absolute reciprocity. This correspondence

shall take place between the high French officers and high Chinese officers, in

the capital or elsewhere, by dispatch or communication; between the French sub-

ordinate officers and the high authorities in the provinces, on the part of the former

by statement, and on the part of the latter by declaration.

Between the officers of lower rank of the two nations, as above provided, on

the footing of a perfect equality.

Merchants and generally all persons not having an official character shall on both

sides use the form ot representation in all documents addressed to or intended for the

notice of the respective authorities.

Whenever a French subject shall have recourse to the Chinese authority, his

representation shall first be submitted to the Consul, who, if it appears to him

reasonable and properly addressed, shall forward it; if it be otherwise, the Consul

shall cause the tenour to be modified or refuse to transmit it. The Chinese, on their

part, when they have to address a Consulate, shall follow a similar course towards

the Chinese authority, who shall act in the same manner.

Art. V.—His Majesty the Emperor of the French may appoint Consuls or Con-

sular Agents in the coast and river ports of the Chinese empire named in Article VI.

of the present Treaty to conduct the business between the Chinese authorities and

French merchants and subjects and to see to the strict observance of the stipulated

rules. These officers shall be treated with the consideration and regard which are

due to them. Their relations with the authorities of the place of their residence

shall be established on the footing of the most perfect equality. If they shall have

to complain of the proceedings of the said authorities, they may address the superior

authority of the province direct, and shall immediately advise the Minister Plenipo-

tentiary of the Emperor thereof.

In case of the absence of the French Consul, captains and merchants shall be

at liberty to have recourse to the intervention of the Consul of a friendly Power, or,

if this be impossible, they shall have recourse to the chief of the Customs, who shall

advise as to the means of assuring to the said captains and merchants the benefits of

the present Treaty.

Art VI.—Experience having demonstrated that the opening < 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 famihes may establish themselves and

trarle 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 Gfovem-

ment, who, however, before the seizure and confiscation can be legally pronounced,

must advise the French Consul at the nearest port.

Art. VIII.—French subjects who wish to go to interior towns, or ports not open

to foreign vessels, may do so in all security, on the express condition that they are

provided with passports written in French and Chinese, legally delivered by the

diplomatic agents or Consuls of France in China and vised by the Chinese authorities.

In case of the loss of his passport, the French subject who cannot present it

when it is legally required of him shall, if the Chinese authorities of the place refuse

him permission to remain a sufficient time to obtain another passport from the

Consul, be conducted to the nearest Consulate and shall not be maltreated or insulted

in any way.

As is stipulated in the former Treaties, French subjects resident or sojourning

in the ports open to foreign trade may travel without passports in their immediate

neighbourhood and there pursue their occupations as freely as the natives, but they

must not pass certain limits which shall be agreed upon between the Consul and the

local authority. The French agents in China shall deliver passports to their

nationals only for the places where the rebels are not established at the time the

passport shall be demanded.

These passports shall be delivered by the French authorities only to persons

who offer every desirable guarantee.

Art. IX.—All changes made by common consent with one of the signatory Powers

of the treaties with China on the subject iff 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 by the sole intervention of the

Consul, compradores, interpreters, clerks, workmen, watermen, and servant-. They

shall also have the right of engaging teachers in order to learn to speak and write

TREATY BETWEEN FRANCE AND CHINA 69

■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 without obstacle French

books or themselves purchase Chinese books of all descriptions.

Art. XII.—Property of any kind appertaining to French subjects in the Chinese

empire shall be considered by the Chinese inviolable and shall always be respected

by them. The Chinese authorities shall not, under any circumstances whatever,

place French vessels under embargo nor put them under requisition for any service,

be it public or private.

Art. XIII.—The Christian religion having for its essential object the leading of

men to virtue, the members of all Christian communities shall enjoy entire security

for their persons and property and the free exercise of their religion, and efficient

protection shall be given the missionaries who travel peaceably in the interior

furnished with passports as provided for in Article VIII.

No hindrance shall be offered by the authorities of the Chinese Empire to the

recognised right of every individual in China to embrace, if he so pleases, Chris-

tianity, and to follow its practices without being liable to any punishment therefor.

All that has previously been written, proclaimed, or published in China by

order of the Government against the Christian religion is completely abrogated and

remains null and void in all provinces of the empire.

Art. XIV.—No privileged commercial society shall henceforward be 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 are also

bound to prevent the existence by the preceding prohibitions, so as to remove all that

may stand in the way of free competition.

Art. XV.—When a French vessel arrives in the waters of one of the ports open

to foreign trade she shall be at liberty to engage any pilot to take her immediately

into the port, and, in the same manner, when, having discharged all legal charges

she shall be ready to put to sea, she shall not be refused pilots to enable her to

leave the port without hindrance or delay.

Any individual who wishes to exercise the profession of pilot for French vessels

may, on the presentation of three certificates from captains of ships, be commissioned

by the French Consul in the same manner as shall be in use with other nations.

The remuneration payable to pilots shall be equitably regulated for each parti-

cular port by the Consul or Consular Agent, who shall fix it, having regard to the

distance and circumstances of the navigation.

Art. XVI.—After the pilot has brought a French trading ship into the port,

the Superintendent of Customs shall depute one or two officers to guard the ship and

prevent fraud. These officers may, according to their convenience, remain in their

own boat or stay on board the ship.

Their pay, food, and expenses shall be a charge on the Chinese Customs, and

they shall not demand any fee or remuneration whatever from the captain or

consignee. Every contravention of this provision shall entail a punishment 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

name of the vessel, the articles, the tonnage, and the nature of the cargo; if, in

consequence of the negligence of the captain this cannot be accomplished within the

forty-eight hours following the arrival of the vessel, the captain shall be liable to a

penalty of 50 Dollars for each day’s delay, to the profit of the Chinese Government,

but the said penalty shall in no case exceed the sum of 200 Dollars.

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 o£ 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 wall immediately

bring the subject of dispute to the notice of the Superintendent of Customs, and both

will endeavour to arrive at an amicable arrangement, but the claim must be made

within twenty-four hours; otherwise it will not receive attention. So long as the

result of the dispute remains pending, the Superintendent of Customs shall not enter

the matter in his books, thus leaving every latitude for the examination and solution

of the difficulty.

On goods imported which have sustained damage a reduction of duties propor-

tionate to their depreciation shall be made. This shall be equitably determined, and,

if necessary, in the manner above stipulated for the fixing of ad valorem duties.

Art. XX.—Any vessel having entered one of the ports of China, and which has

not yet used the permit to open hatches mentioned in Article XIX., may within twu

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 bn

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 any

open port of China for a period of four months, to be reckoned from the date of

her port-clearance; but after the expiration of four months she shall be required to

pay tonnage-dues again.

Small French vessels and boats of every class, whether with or without sails,

shall be reckoned as coming within the category of vessels of one hundred and fifty

tons and under, and shall pay tonnage-dues at the rate of one mace per ton once in

every four months.

Native craft chartered by French merchants shall in like manner pay tonnage-

dues once in every four months.

Art. XXIII.—All French goods, after having discharged the Customs duties

according to the tariff in one of the ports of China, may be transported into the interior

without being subjected to any further charge except the transit dues according to

the amended scale now in force, which dues shall not be augmented in the future.

If the Chinese Customs Agents, contrary to the 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 aud sell it there. The duty shall then be paid.

French subjects having paid in one port the duties on their goods, wishing to

re-export them and send them for sale to another port, shall notify the Consul or

Consular Agent. The latter shall inform the Superintendent of Customs, who, after

having verified the identity of the goods and the perfect integrity of the packages,

shall send to the claimants a declaration attesting that the duties on the said goods

have been paid. Provided with this declaration, the French merchants on their

arrival at the other port shall only have to present it through the medium of the

Consul or Superintendent of Customs, who will deliver for this part of the cargo,

without deduction or charge, a permit for discharge free of duty ; but if the autho-

rities discover fraud or anything contraband amongst the goods re-exported, these

shall be, after verification, confiscated to the profit of the Chinese Government.

Art. XXV.—Transhipment of goods shall take place only by special permission

and in case of urgency; if it be indispensable to effect this operation, the Consul

shall be referred to, who will deliver a certificate, on view of which the transhipment

shall be authorised by the Superintendent of Customs. The latter may always

delegate an employ^ 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 tor the original Article in 1865,

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 bearing a stamp and 't

seal certifying this authority. These scales shall be the base of all liquidations of J

duties and of all payments to bo made to the Chinese Government. They shall be §

referred to in case of dispute as to the weights and measures of goods, and the decree ft

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 I

seal and signature of the respective Plenipotentiaries. This tariff may be revised

every seven years in order to be in harmouy with the changes brought about by time si

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 J

shall not be increased nor augmented by any kind of charge or surtax whatever, j

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 J

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 J

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- -

troduced in the existing Treaties, or those which may hereafter be concluded, it J,

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 j

all pretext for smuggling, it is not to be presumed that any act of this nature may I •

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 1i

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 lit, interdict the re-entry to China of |

the vessel taken in contravention and compel it to leave immediately after the sette- j. :

ment of its accounts.

If any foreign vessel fraudulently makes use of the French flag the French j

Government shall take the necessary measures for the repression of this abuse. |

Art. XXIX.—His Majesty the Emperor of the French may station a vessel of war

in any principal port of the empire where its presence may be considered necessary to

maintain good order and discipline amongst the crews of merchant vessels and to*j

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 j

Article XXXIII. in respect of the communications with the land and the policing

of the crews. Vessels of war shall be subject to no duty.

Art. XXX.—Every French vessel of war cruising for the protection of commerce

shall be received as a friend and treated as such in all the ports of China which itj,1 ,

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 73

for the salvage of the ship and the preservation of the cargo. The whole shall then

he 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 persons 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 secure their arrest and punishment according to law. The

pirated goods, in whatever place or state they may be found, shall be placed in the

hands of the Consul, who shall restore them to the owners. If the criminals cannot

be seized, or the whole of the stolen property cannot be recovered, the Chinese officials

shall suffer the penalty inflicted by the law in such circumstances, but they shall not

be held pecuniarily responsible.

Art. XXXV.—When a French subject shall have a complaint to make or claim

to bring against a Chinese, he shall first state his case to the Consul, who, after

having examined the affair, will endeavour to arrange it amicably. In the same

manner, when a Chinese has to complain of a French subject, the Consul shall

attentively hear his claim and endeavour to bring about an amicable arrangement.

But if in either case this be impossible, the Consul shall invoke the assistance of a

competent Chinese official, and these two, after having conjointly examined the affair

shall decide it equitably.

Art. XXXVI.—If hereafter French subjects suffer damage, or are subjected

to any insult or vexation by Chinese subjects, the latter shall be pursued by the

local authority, who shall take the necessary measures for the defence and pro-

tection of French subjects; if ill-doers or any vagrant part of the population com-

mence to pillage, destroy, or burn the houses or warehouses of French subjects or

any other of their establishments, the same authority, either on the requisition of the

Consul or of its own motion, shall send as speedily as possible an armed force to

disperse the riot and to arrest the criminals, and shall deliver the latter up to the

severity of the law; the whole without prejudice of the claims of the French subjects

to be indemnified for proved losses.

Art. XXXVII.—If Chinese become, in future, 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

In case of fraud or non-payment on the part of French merchants, the Consul

shall, in the same manner afford every assistance to the claimants, but neither he

nor bis Government shall in any manner be held responsible.

Art. XXXVIIl.—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 tlie French Government.

The same course shall be observed in all similar circumstances not enumerated

in the present convention, the principle being that for the repression of crimes and

offences committed by them in China French subjects shall be dealt with according

to the laws of France.

Art. XXXIX.—Disputes or differences arising between French subjects in China

shall, equally, be settled by the French authorities. It is also stipulated that the

Chinese authorities shall not in any manner interfere in any dispute between French

subjects and other foreigners. In the same way they shall not exercise any authority

over French vessels; these are responsible only to the French authorities and the

captain.

Art. XL.—If the Government of His Majesty the Emperor of the French shall

consider it desirable to modify any of the clauses of the present Treaty it shall be at

liberty to open negotiations to this effect with the Chinese Government after an

interval of ten years from the date of the exchange of the ratifications. It is also

understood that no obligation not expressed in the present convention shall be

imposed on the Consuls or Consular Agents, nor on their nationals, but, as is

stipulated, French subjects shall enjoy all the rights, privileges, immunities, and

guarantees whatsoever which have been or shall be accorded by the Chinese Govern-

ment to other Powers.

Art. XLI.—His Majesty the Emperor of the French, wishing to give to His

Majesty 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.] Baron Gros.

„ [l.s.] Kwei-liang.

,, [l.s.] Hwashana.

CONVENTION BETWEEN EBANCE AND CHINA

Signed at Peking, 25th October, 1860

His Majesty the Emperor of the French and His Majesty the Emperor of China

being desirous to put an end to the difference which has arisen between the two

Empires, and to re-establish and assure for ever the relations of peace and amity which

before existed and which regrettable events have interrupted, have named as their

respective Plenipotentiaries:—

His Majesty the Emperor of the French, Sieur Jean Baptiste Louis, Baron Gres’

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 IY. 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 FEANCE 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 bj the Minister of France and by the Chinese

Authorities, shall determine the rules to be followed in effecting the payment of the

whole of the indemnity, the verification of the amount, the giving of receipts, and in

short fulfilling all the formalities required in such case.

Art. V.—The sum of eight million Taels is allowed to the French Government to

liquidate the expenses of its armament against China, as also for the indemnification

of French subjects and 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

pr 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 (hat 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.

TEEATY BETWEEN FEANCE 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, I860, and has been signed by the respective plenipotentiaries.

TREATY OE PEACE, ERIENDSHIP, AND COMMERCE

BETWEEN ERANCE AND CHINA

Signed at Tientsin, 9th June, 1885

The President of the French Eepublic and His Majesty the Emperor of China,

each animated by an equal desire to bring to an end the difficulties which have

given rise to their simultaneous intervention in the affairs of Annam, and wishing to

re-establish and improve the relations of friendship and commerce which previously

existed between France and China, have resolved to conclude a new Treaty to further

the common interest of both nations on the basis of the preliminary Convention

signed at Tientsin on the 11th May, 1884, and ratified by an Imperial decree of the

13th April, 1885.

For that purpose the two high contracting parties have appointed as their Pleni-

potentiaries the following, that is to say :—

The President of the French Eepublic, M. Jules Patenotre, Envoy Extraordinary

and Minister Plenipotentiary for France in China, Officer of the Legion of Honour,

Grand Cross of the Swedish Order of the Pole Star, &c., &c.

And His Majesty the Emperor of China, Li Hung-chang, Imperial Commissioner,

Senior 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 Chaug-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

to form there for the purpose of causing'disturbances amongst the populations placed

under the protection of France ; and, in consideration of the guarantees which have

been given as to the security of the frontier, she likewise engages not to send troops

into Tonkin.

The high contracting parties will fix, by a special convention, the conditions under

which the extradition of malefactors between Cbina and Annam shall be carried out.

The Chinese, whether colonists or disbanded soldiers, who reside peaceably in

Annam, supporting themselves by agriculture, industry, or trade, and whose conduct

shall give no cause of complaint, shall enjoy the same security for their persons and

property as French 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

the future, the Treaties, Conventions, and Arrangements concluded directly between

France and Annam, or which may hereafter be concluded.

As regards the relations between China and Annam, it is understood they shall

be of such a nature as shall in no way injure the dignity of the Chinese empire or

give rise to any violation of the present Treaty.

Art. III.—Within a period of six months from the signature of the present

Treaty commissioners appointed by the high contracting parties shall proceed to the

spot in order to define the frontier between China and Tonkin. They shall place

landmarks wherever necessary to render the line of demarcation clear. In those

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

eespective Cfovernments.

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. Y.—Import and export trade shall be permitted to French or French-

protected traders and to Chinese traders across the land frontier between China and

Tonkin. It shall, however, be carried on through certain spots which shall be

settled later, and both the selection and number of which shall correspond with the

direction and importance of the traffic between the two countries. In this respect

the Regulations in force in the interior of the Chinese Empire shall be taken into

account.

In any case, two of the said spots shall be marked out on the Chinese frontier,

the one above Lao-kai, the other beyond Lang-son. French traders shall be at

liberty to settle there under the same conditions, and with the same advantages, as

fn the ports open to foreign trade. The Government of His Majesty the Emperor of

China shall establish Custom-houses there,and the Government of the French Republic

shall be at liberty to maintain Consuls there whose powers and privileges shall be

identical with those of Agents of the same rank in the open ports.

On his part, His Majesty the Emperor of China shall be at liberty, with the

concurrence of the French Government, to appoint Consuls in the principal towns of

Tonkin.

TKEATY BETWEEN FKANCE 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

and the Chinese provinces of Yunnan, of Kwang-si, and of Kwang-tung. Such

Regulations shall be drawn up by Commissioners, who shall be appointed by the

high contracting parties, within three months from the signature of the present

Treaty.

All goods dealt with by such trade shall be subject,. on import and export

between Tonkin and the provinces of Yunnan and Kwang-si, to duties lower than

those laid down by the present tariff for foreign trade. The reduced tariff shall

not, however, be applied to goods transported by way of the land frontier between

Tonkin and Kwang-tung, and shall not be enforced within the ports already open

by Treaty.

Trade in arms, engines, supplies, and munitions of war of any kind whatsoever

shall be subject to the Laws and Regulations issued by each of the contracting

States within its own territory.

The export and import of opium shall be governed by special arrangements to

be inserted in the above-mentioned code of Regulations.

Trade by sea between China and Annam shall likewise be dealt with by a separate

code of Regulations. In the meanwhile, the present practice shall remain unaltered.

Art. VII.—With a view to develop under the most advantageous conditions the

relations of commerce and of good neighbourship, which it is the object of the present

Treaty to re-establish between Prance and China, the Government of the Republic

shall construct roads in Tonkin, and shall encourage the construction of railways

there.

When China, on her part, shall have decided to construct railways, it is agreed

that she shall have recourse to French industry, and the Government of the Republic

shall afford every facility for procuring in France the staff that may be required. It

is, moreover, understood that this clause shall not be looked upon as constituting an

exclusive privilege in favour of France.

Art. VIII.—The commercial stipulations of the present Treaty and t.he 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

incase 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) [L.S.] Patenotre.

[L.S.] Hsi Chen.

[l.s.J Li Hung-chang.

[l.s.J Teng Chang-su.

TRADE REGULATIONS EOR THE TONKIN ERONTIER

JOINTLY DETERMINED ON BY

ERANCE AND CHINA

Signed at Peking, 25th April, 1886

[Translated from the French Text]

Wher as 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 shall be jointly discussed and

concluded by Commissioners appointed by the two Powers, and will form a supple-

ment to the present Treaty”; and whereas in 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 their Plenipotentiaries, that is to say:—

The President of the French Republic, Gr. Cogordan, Minister Plenipotentiary

of France to China, Officer of the Legion of Honour, Knight of the Order of the Crown

of Italy, &c., &c., together with E. Bruwaert, Consul of the first class, Assistant

Commissioner for Treaty negotiations, Knight of the Order of Grustav of Sweden, and

of the Order of Leopold of Belgium;

And His Majesty the Emperor of China, Li, Gfrand Preceptor of the Heir Ap-

parent, G-rand Secretary of State, Superintendent of Trade for the Northern Seaboard,

Joint Commissioner of Admiralty, Governor of Chihli, and a member of the first

degree of the Third Order of the Hereditary Nobility, with the title of Sou-yi;

Who, after having communicated to each other their respective full powers, and

found them to be in due form, have concluded the following Articles:—

Art. I.—In accordance with the terms of Article V. of the Treaty of the 19th

June, 1885, the high contracting parties agree that for the present two places shall

be opened to trade, one to the north of Langson and the other above Lao-kai. China

will establish Custom-houses there, and France shall have the right to appoint

Consuls, who shall enjoy all rights and privileges conceded in China to the Consuls

of the most favoured nation.

The work of the Commission charged with the delimitation of the two countries

not being completed at the time of the signature of the present Convention, the place

to be opened to trade north of Langson shall be selected and determined in the

course of the present year by arrangement between the Imperial Government and the

representative of France at Peking. As to the place to be opened to trade above

Lao-kai, this will also be determined by common accord when the frontier between

the two countries shall have been defined.

Art. II.—The Imperial Government .may appoint Consuls at Hanoi and at

Haiphong. Chinese Consuls may also be sent later on to other large towns in

Tonkin by arrangement with the French (government.

TRADE REGULATIONS FOR THE TONKIN FRONTIER 81

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

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 VII., X., XI., XII., and others

I of the Treaty of the 27th June, 1858.

Annamites shall enjoy in these places the same privileged treatment.

Art. IV.—Chinese shall have the right of possessing land, erecting buildings,

j; -opening commercial houses, and having warehouses throughout Annam.

They shall receive for their persons, their families, and their goods the same

I 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

Frenchmen will receive from China the same privileged treatment.

Art. V.—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

k persons; they will be surrendered to be cancelled on the holder’s return. In the case

i -of those who have to pass any place occupied by aborigines or savages, it will be

[ mentioned in the passport that there are no Chinese officials there who can protect

them.

Chinese who wish to come from China to Tonkin by land must in the same

way be furnished with passports granted by the French authorities on the requisition

of the Chinese authorities, who will ask for them only on behalf of respectable

persons.

The passports so granted on the one side or the other shall serve only as titles

to travel and shall not be considered as certificates of exemption from taxes for the

transport of merchandise.

Chinese authorities on Chinese soil and French authorities in Tonkin shall have

i 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

1 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

I 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.

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 iu the pass for the purpose of disposing of I

the said merchandise.

Under these conditions, no new duties will be levied at the interior harriers or

lehin stations.

Merchandise for which transit passes have not been obtained will be liable to all

the barrier and leTcin 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

regard to thefixedtransit

by Rule VII. annexedfortoexport.

of merchandise the Treaty of the 27th June, 1858, with

When Chinese merchandise for export arrives at these places, declaration !

shall be made at the Custom-house as to the nature and quantity of the merchandise,

as well as the name of the person accompanying it.

The Customs authorities will proceed to verification.

Such of this merchandise as shall have been bought in the interior by a merchant il

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, mid

to be sent beyond the frontier.

The merchant who, not being furnished with a transit pass, has bought goods

in the interior, shall pay the duties levied at the barriers and lekin stations; receipts

shall be delivered to him, and on arriving at the Custom-house he shall be exempted

from payment of the transit dues on presentation of these receipts.

French merchants and persons under French protection importing or exporting

merchandise through the Customs offices on the frontiers of Yunnan and Kwangsi,.

and Chinese merchants importing or exporting 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 j

on the south-western frontiers of the Chinese Empire, France shall obtain the

application of it.

Art. VIII.—Foreign merchandise which, not having been sold within a period j

of thirty-six months after having paid the import duty at one of the Chinese frontier

Customs stations, is forwarded to the other frontier Customs station, shall be

examined at the first of these stations, and if the wrappings are found intact, and

if nothing has been disturbed or changed, a certificate of exemption for the amount

of the first duty collected will be given. The bearer of this certificate will deliver it

to the other frontier station, in payment of the new duty which he will have to pay.

The Customs may in like manner give bonds which will be available for payment of

duties at the Custom-house by which they are issued any time within three years.-

Money will never be returned.

If the same merchandise is re-despatched to one of the open ports of China, it

will there,toconformably

subjected payment oftothethe import

general duties,

rules ofandthetheChinese Maritime

certificates Customs,

or bonds given beat

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-

TRADE REGULATIONS FOR THE TONKIN FRONTIER

open 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

at one of the frontier Customs stations, may be sent to the other frontier Customs

; station to be sold, shall be subjected on its arrival at the second station only to a

payment—called a re-importation duty—of one-half the export duty already collected.

The merchandise conformably to the rules established in the open ports may not be

if ^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,

ft -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-

1 terior. Chinese merchandise imported from a Chinese seaport into an Annamite port

in order to be transported to the land frontier and then to re-enter Chinese territory

Iwill 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,

I if it is proved that it has been made with the intention of evading payment of the

| duties, will entail upon the merchant confiscation of his goods. Coods not provided

I with a permit from the chief of the Customs, which are clandestinely introduced

; by by-ways, and unpacked or sold, or which are intentionally smuggled, shall be

!' entirely confiscated. In every case of false declaration or attempt to deceive the

>1 Customs as regards the quality or the real origin or real destination of goods

j: 1 'for which transit passes have been applied the goods shall be liable to con-

f fiscation. The penalties shall be adjudged according to the conditions and proce-

f dure fixed by the Rules of 31st May, 1868. In all cases where confiscation shall

have been declared, the merchant shall be at liberty to recover his goods on payment

? of a sum equivalent to their value, to be duly settled by arrangement with the Chinese

authorities. The Chinese authorities shall have every liberty to devise measures to

I be taken in China, along the frontier, to prevent smuggling.

Merchandise descending or ascending navigable rivers in French, Annamite, or

; I Chinese vessels will not necessarily have to be landed at the frontier, unless there is

I 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

B agents to visit them.

Art. XI.—Produce of Chinese origin imported into Tonkin by the land frontier

I shall pay the import duty of the Franco-Annamite tariff. They will pay no export

B -duty on leaving Tonkin. The Imperial G-overnment will be notified of the new

If tariff which France will establish in Tonkin. If taxes of excise, of consumption, or

I -of guarantee be established in Tonkin on any articles of indigenous production,

3 similar Chinese productions will be subjected, on importation, to equivalent taxes.

Art. XII.—Chinese merchandise transported across Tonkin from one of the

I 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

H 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,

i 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.

TRADE REGULATIONS FOR THE TONKIN FRONTIER

Every false declaration or act evidently intended to deceive the French admini- |

stration as to the quality, quantity, real origin, or real destination of merchandise- jj

on which the special treatment applicable to Chinese products traversing Tonkin m

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. 1

The same rules and the same transit duty will be applicable in Annam to Chinese-

merchandise despatched from a Chinese port to an Annamite port in order to get to |

the Chinese frontier Customs by crossing Tonkin.

Art. XIII.—The following articles, that is to say, gold and silver ingots, foreign j

money, flour, Indian meal, sago, biscuits, preserved meats and vegetables, cheese,, j

butter, confectionery, foreign clothing, jewellery, plated ware, perfumery, soaps of all i|

kinds, charcoal, firewood, candles (foreign), tobacco, wine, beer, spirits, household I

stores, ship’s stores, personal baggage, stationery, carpeting, cutlery, drugs, foreign ‘I

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 personal!

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- ?

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 i

from duty, the above-mentioned articles destined for the personal use of foreigners- '

and imported in moderate quantity, will pay, when they are transported into the-

interior of China a duty of 2-2- per cent, on their value.

The Franco-Annamite frontier Customs shall collect no duty on the following

articles of personal use which Chinese carry with them, either on entering or leaving

Tonkin, that is to say, money, luggage, clothes, women’s head ornaments, paper, ;

hair pencils, Chinese ink, furniture, or food, or on articles ordered by the Chinese-

Consuls in Tonkin for their personal consumption.

Art. XIV.—The high contracting parties agree to prohibit trade in and trans-

port of opium of whatsoever origin by the land frontier between Tonkin on the one-

side and Yunnan, Kwang-si, and Kwangtung on the other side.

Art. XV.—The export of rice and of cereals from China is forbidden. The- >

import of these articles shall be free of duty. :

The import of the following articles into China is forbidden :—Gunpowder, pro-

jectiles, rifles and guns, saltpetre, sulphur, lead, spelter, arms, salt, and immoral !

publications.

In case of contravention these articles shall be entirely confiscated.

If the Chinese authorities have arms or munitions bought or if merchants

receive express authority to buy them, the importation will be permitted under the-

special surveillance of the Chinese Customs. The Chinese authorities may, further-

more, by arrangement with the French Consuls, obtain for the arms and munitions-

which they wish to have conveyed to China through Tonkin exemption from all the- :

Franco-Annamite duties.

The introduction into Tonkin of arms, munitions of war, and immoral publica-

tions is also prohibited.

Art. XVI.—Chinese residing in Annam shall be placed under the same condi-

tions, with regard to criminal, fiscal, or other jurisdiction, as the subjects of the most j

favoured nation. Law-suits which may arise in China, in the open markets on the-

fr®ntier, between Chinese subjects and Frenchmen or Annamites shall be decided in-

a Mixed Court by Chinese and French officers.

With reference to crimes or offences committed by Frenchmen or persons under

French protection in China, in the places opened to trade, the procedure shall be in

conformity with the stipulations of Articles XXXIII. and XXXIV. of the treaty of

the 27th June, 1858.

CONVENTION BETWEEN FEANCE AND CHINA, 1887 85’

Art. XVII.—If in the places opened to trade on the frontier of China, Chinese

deserters or persons accused of crimes against the Chinese law shall take refuge in

the houses or on hoard the vessels of Frenchmen or persons under French protection,,

the local authority shall apply to the Consul, who, on proof of the guilt of the accused,

shall immediately take the necessary measures in order that they may he given up,

and delivered to the regular course of the law.

Chinese guilty or accused of crimes or offences who seek refuge in Annatn shall,,

on the request of the Chinese authorities and on proof of their guilt, be sought for,,

arrested, and extradited in all cases where the subjects of the countries enjoying the

most liberal treatment in the matter of extradition might be extradited from France.

Frenchmen guilty or accused of crimes or offences, who seek refuge in China,

shall, at the request of the French authorities and on proof of their guilt, be arrested

and delivered up to the said authorities to be tried according to the regular process

of law.

On both sides all concealment and connivance shall be avoided.,

Art. XVIII.—In any difficulty not provided for in the preceding provisions

recourse shall be had to the rules of the Maritime Customs, which, in conformity

with existing Treaties, are now applied in the open towns or ports.

In case these rules are insufficient the representatives of the two countries

shall refer the matter to their respective Governments.

In accordance with the terms of Article VIII. of the treaty of the 9th June,.

1885, the present stipulations may be revised ten years after the exchange of the

ratifications.

Art. XIX.—The present Convention of Trade, after having been ratified by the-

Governments, shall be promulgated in France, in China, and in Annam.

The exchange of the ratifications shall take place at Peking within one year from

the date of the signature of the Convention, or earlier if possible.

Done at Tientsin, in four copies, the 25th April, 1886, corresponding to the 22nd.

day of the third moon of the twelfth year of Kwang Hsu.

(Signed) [l.s.] G. Cogordan.

„ [l.s.] E. Beuwaert.

„ [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

Eepublic, 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 J.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 Eepublic has appointed His Excellency Constans, Deputy,.

ex-Minister of the Interior, and Minister Plenipotentiary in China. Who, having

exchanged their full powers and established their authenticity in due form, have

agreed on the following Articles:—

Art. I.—Such Articles of the Treaty signed at Tientsin as are not affected by this-

Convention shall on the exchange of the ratifications be put in force at once.

CONVENTION BETWEEN PRANCE AND CHINA, 1887

Art. II.—Whereas it was agreed by the Treaty of 1886 that Lungchow in Kwangsi :

and Mengtzu in Yunnan should be opened to trade, and whereas Manghao, which |

lies between Paosheng and Mengtzu, is in the direct road between the two places by •

water, it is agreed that this also should be opened to trade on the same conditions as V

the other ports, and that a deputy of the Consul at Mengtzu shall be allowed to ^

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 1886 i

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- 1

kin shall pay 60 per cent, of the export duties in force at the Treaty Ports.

Art. IV.—Chinese produce which has paid import duties under Art. XI. of the \

Treaty of 1886, and is transported through Tonkin to a port of shipment in Cochin- ;!

China, shall, if exported thence to any other place than China, pay export duties ■

according 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 ;j

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 Glovernment stores plying on the Songkat and Caobang Rivers .!

between Langshan and Caobang shall pay a tonnage due of 5 candareens per ton at

Lungchow, but all goods on board shall pass free. Goods may be imported to China

by the Songkat and Caobang Rivers or overland by the Government road, but until j

the Chinese Government establishes Custom-houses on the frontier goods taken i

overland must not be sold at Lungchow until they have paid duty there.

Art. VII.—It is agreed that should China enter into treaties with regard to com-

mercial relations on her southern and south-western frontiers all privileges accorded i

by her to the most favoured nation are at once without further formality accorded to

France.

Art. VIII.—The above Articles having been agreed to and translated into

Chinese, H.I.H. the Prince on behalf of China and H.E. the Minister on behalf of

France have signed duplicate copies and affixed their seals hereto.

Art. IX.—When the ratifications of this Convention and of the Treaty of 1886

shall have been exchanged they shall be put in force as if they were one Treaty.

Art. X.—The ratifications of the Convention shall be exchanged at Peking

when the assent of His Imperial Majesty the Emperor of China and of His Excellency

the President of the French Republic shall have been signified.

Signed at Peking on the 26th June, 1887.

E. Constans.

Prince Chi’ng.

Sun Yu-wen.

CHINA

Signed at Peking, 20th June, 1895

Art. L—It is agreed, to assure the policing of the frontier, that the French*

Government will have the right of maintaining an agent of the Consular order at

i' ; Toughing opposite Monkay on the frontier of Kwangtung. A further regulation

will determine the conditions under which these should be exercised in accordance

with the French and Chinese authorities and the communal police of the Sino-

Annamite frontier.

Art II.—Article II. of the Convention, signed at Peking, June 26th, 1887, is-

modified and completed as follows:—It is agreed between the high contracting

i parties that the town of Lungchow in Kwangsi and that of Mengtse in Yunnan

are open to French-Annamite commerce. It is intended besides that the port

open to commerce on the river route of Laokay to Mengtse will no longer be

a Manhao, but Hokow, and that the French Government have the right of maintaining

i f at Hokow an agent under the Consul at Mengtse, at the same time the Chinese

§' Government can maintain a Customs agent.

Art. III.—It is agreed that the town of Szemao in Yunnan shall be open to

il French-Annamite commerce, like Lungchow and Mengtse, and that the French

m Government will have the right as in the other open port of maintaining a Consul

at the same time that the Chinese Government can maintain a Customs agent. The

j local authorities will employ themselves to facilitate the installation of the French

| Consul in the proper residence. Frenchmen and protected French subjects may

establish themselves at Szemao under conditions of the Articles VII., X., XI., and XII.,

and others of the Treaty of June 27th, 1858; also by Article III. of the Convention of

| April 25th, 1886. Goods destined for China can be transported by the rivers,

1. 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

1 modified as follows:—(1) Chinese goods in transit from one of the other four towns

si open to commerce on the frontier, Lungchow, Mengtse, Szemao, and Hokow, in

I, 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 1 or fluvial, open to commerce, shall be freed on leaving the frontier by payment of the reduced export duty of four-tenths. A special certificate will be delivered stating the payment of this duty, and destined to accompany the goods. When they shall arrive at one of the ports, maritime or fluvial, open to commerce, they shall be freed the half-duty of re-importation in conformity with the general rule for all such goods in the maritime or fluvial ports open to commerce. (3) Chinese goods which shall be transported from Chinese ports, maritime or fluvial, open to commerce, by way of Annam, towards the four above-named localities, shall be freed on leaving of all duty. A special certificate will be ADDITIONAL CONVENTION BETWEEN EEANCE AND CHINA, 1895 delivered, stating the payment of this duty, and destined to accompany the goods. When they shall have arrived at one of the frontier Customs they shall he freed on entry by half duty of re-importation based on the reduction of four-tenths. (4) The Chinese goods above mentioned, accompanied by the special certificate above mentioned, shall be, before passing the export Customs, or after passing Customs re-importation, submitted to the regulations governing native Chinese goods. Art. Y.—It is understood that China, for the exploitation of its mines in the provinces of Yunnan, Kwangsi, and Kwangtung, will address itself, in the first instance, to French commerce and engineers, the exploitation remaining otherwise subject to the rules and the edicts by the Imperial Government which affects national industry. It is understood that railways already in existence or projected in Annam can, after mutual agreement, and under conditions to be defined, be prolonged on Chinese territory. Art. YI.—Article II. of the Telegraphic Convention between France and China, signed at Chefoo, December 1, 1888, is completed as follows:—D.—A union shall be established between the secondary prefecture of 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- 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- sent complementary Convention shall be ratified immediately by His Majesty the Emperor of China, and after it has been ratified by the President of the French Republic the exchange of ratifications shall be made at Peking with the least delay possible. Done at Peking in four copies, June twentieth, one thousand eight hundred and ninety-five, corresponding to the twenty-eighth day of the fifth moon of the twenty- first year of Kwang Hsu. (Signed) A. Gerard. „ Ching. 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, 16th August, 1859 The United States of America and the Ta-Tsing Empire, desiring to maintain firm, lasting, and sincere friendship, have resolved to renew, in a manner clear and positive, by means of a Treaty or general Convention of Peace, Amity, and Commerce, the rules which shall in future be mutually observed in the intercourse of their respective countries; for which most desirable object the President of the United States and the August Sovereign of the Ta-Tsing Empire have named for their Plenipotentiaries, to wit: the President of the United States of America, William B. Reed, Envoy Extraordinary and Minister Plenipotentiary to China; and His Majesty the Emperor of China, Kweiliang, a member of the Privy Council and Superintendent of the Board of Punishments, and Hwashana, President of the Board of Civil Office and Major-General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them being Imperial Commissioners and Plenipotenti- aries : And the said Ministers, in virtue of the respective full powers they have received from their Governments, have agreed upon the following Articles :— Art I.—There shall be, as there has always been, peace and friendship between the United States of America and the Ta-Tsing Empire, and between their people respectively. They shall not insult or oppress each other for any trifling cause, so as to produce an estrangement between them; and if any other nation should act unjustly or oppressively, the United States will exert their good offices, on being informed of the case, to bring about an amicable arrangement of the question, thus showing their friendly feelings. Art. II.—In order to perpetuate friendship, on the exchange of ratifications by the President, with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of China, this Treaty shall be kept and sacredly guarded in this way, viz.: The original Treaty, as ratified by the President of the United States, shall be deposited at Peking, the capital of His Majesty the Emperor of China, in charge of the Privy Council; and, as ratified by His Majesty the Emperor of China, shall be deposited at Washington, the capital of the United States, in charge of the Secretary of State. Art. III.—In order that the people of the two countries may know and obey the provisions of this Treaty, the United States of America agree, immediately on the 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. IV.—In order further to perpetuate friendship, the Minister or Commis- sioner, or the highest diplomatic representative of the United States of America in China, shall at all times have the right to correspond on terms of perfect equality and confidence with the officers of the Privy Council at the capital, or with the Governor- General of the Two Kwang, of Fohkien and Chekiang, or of the Two Kiang ; and whenever he desires to have such correspondence with the Privy Council at the capital he shall have the right to send it through either of the said Governors-General, or by •SO TREA.TY BETWEEN THE UNITED STATES AND CHINA general post; and all such communications shall be most carefully respected. The | [ Frivy Council and Governors-General, as the case may be, shall in all cases consider I and acknowledge such communications promptly and respectfully. Art. Y.—The Minister of the United States of America in China, whenever he has i business, shall have the right to visit and sojourn at the capital of His Majesty the i Emperor of China and there confer with a member of the Privy Council or any other 1 high officer of equal rank deputed for that purpose, on matters of common interest | and advantage. His visits shall not exceed one in each year, and he shall complete | his business without unnecessary delay. He shall be allowed to go by land or come !| to the mouth of the Pei-ho, in which he shall not bring ships-of-war, and he shall !| inform the authorities of that place in order that boats may be provided for him to go | •on his journey. He is not to take advantage of this stipulation to request visits to I the capital on trivial occasions. Whenever he means to proceed to the capital he J shall communicate in writing his intention to the Board of Kites at the capital, and | thereupon the said Board shall give the necessary direction to facilitate his journey, j| and give him necessary protection and respect on his way. On his arrival at the 1 capital he shall be furnished with a suitable residence prepared for him, and he shall ' defray his own expenses; and his entire suite shall not exceed twenty persons I exclusive of his Chinese attendants, none of whom shall be engaged in trade. Art. YI.—If at any time His Majesty the Emperor of China shall, by Treaty I voluntarily made, or for any other reason, permit the representative of any friendly nation to reside at his capital for a long or short time, then, without any further | •consultation or express permission, the representative of the United States in China f shall have the same privilege. Art. YII.—The superior authorities of the United States and of China in 1 ■corresponding together shall do so on terms of equality and in form of mutual i communication (chau-hwui). The Consuls and the local officers, civil and military, i 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. YIII.—In all future personal intercourse between the representative of ; the United States of America and the Governors-General or Governors the interviews Ji shall be had at the official residence of the said officers, or at their temporary resi- J 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 j of government shall, if it be necessary, hold intercourse on terms of equality and ■courtesy, in token of the friendly relations of their respective nations ; and the said vessels shall enjoy all suitable facilities on the part of the Chinese Government in procuring provisions or other supplies, and making necessary repairs. And the ] United States of America agree that in case of the shipwreck of any American vessel and its being pillaged by pirates, or in case any American vessel shall be pillaged or •captured by pirates on the seas adjacent to the coast, without being shipwrecked, the national vessels of the United States shall pursue the said pirates, and if captured •deliver them over for trial and punishment. Art. X.—The United States of America shall have the right to appoint Consuls | and other commercial agents for the protection of trade, to reside at such places in the TREATY BETWEEN THE UNITED STATES AND CHINA 91 dominions of China as shall be agreed to be opened, who shall hold official intercourse and correspondence with the local officers of the Chinese Government (a Consul or a ; Yice-Consul in charge taking rank with an intendant of circuit or a prefect), either personally or in writing, as occasion may require, on terms of equality and reciprocal 18 respect. And the Consuls and local officers shall employ the style of mutual I communication. If the officers of either nation are disrespectfully treated, or aggrieved iji in any way by the other authorities, they have the right to make representation of ■ the same to the superior officers of their respective Governments, who shall see that | full inquiry and strict justice shall be had in the premises. And the said Consuls and j[ agents shall carefully avoid all acts of offence to the officers and people of China. On the arrival of a Consul duly accredited at any port in China, it shall be the duty I of the Minister of the United States to notify the same to the Governor-General of II the province where such port is, who shall forthwith recognize the said Consul and S grant him authority to act. Art. XI.—All citizens of the United States of America in China, peaceably > attending to their affairs, being placed on a common footing of amity and good- ! will with subjects of China, shall receive and enjoy for themselves and everything | appertaining to them the protection of the local authorities of Government, who shall ! defend them from all insult or injury of any sort. If their dwellings or property be \ threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, shall immediately despatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigour of the law. Subjects of China guilty of any criminal act towards citizens of the United States shall be punished by the Chinese authorities according to the laws 1 of China, and citizens of the United States, either on shore or in any merchant vessel, 'i who may insult, trouble, or wound the persons or injure the property of Chinese, or B commit any other improper act in China, shall be punished only by the Consul or other I public functionary thereto authorized, according to the laws of the United States. Ar- il 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 j§ the local authorities interfere, unless there be some objections offered on the part of ■ the inhabitants respecting the place. The legal fees to the officers for applying their ■ seal shall be paid. The citizens of the United States shall not unreasonably insist ■ on particular spots, but each party shall conduct themselves with justice and I moderation. Any desecration of the cemeteries by natives of China shall be severely B punished according to law. At the places where the ships of the United States w anchor, or their citizens reside, the merchants, seamen, or others can freely pass and B re-pass in the immediate neighbourhood; but in order to the preservation of the f public peace, they shall not go into the country to the villages and marts to sell their I goods unlawfully, in fraud of the revenue. Art. XIII.—If any vessel of the United States be wrecked or stranded on the f coast of China and be subjected to plunder or other damage, the proper officers of the I 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 1 be enabled to repair at once to the nearest port, and shall enjoy all facilities for obtaining supplies of provisions and water. If the merchant vessels of the United States, while within the waters over which the Chinese Government exercises jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities civil and military, on receiving information thereof, shall arrest the said robbers or pirates, and punish them according to law, and shall cause all the property which can be recovered to be restored to the owners, or placed in the hands of the Consul. If by reason of the extent of territory and numerous population of China it shall in any case happen that the robbers cannot be apprehended, and the property only in part 92 TEEATY BETWEEN THE UNITED STATES AND CHINA recovered, the Chinese Government shall not make indemnity for the goods lost; but if it shall be proved that the local authorities have been in collusion with the robbers, the same shall be communicated to the superior authorities for memorializing the Throne, and these officers shall be severely punished and their property be confiscated to repay the losses. Art. XIY.—The citizens of the United States are permitted to frequent the ports and cities of Canton and Chan-chau, or Swatow, in the province of Kwangtung; Amoy, Foochow, and Tai-wan in Formosa, in the province of Fuhkien; Ningpo in the province of Chekiang; and Shanghai in the province of Kiangsu, and any other port or place thereafter by Treaty with other powers or with the United States opened to commerce; and to reside with their families and trade there, and to proceed at pleasure with their j vessels and merchandise from any of these ports to any other of them. But said vessels ! shall not carry on a clandestine or fraudulent trade at other ports of China, not declared 1 to be legal, or along the coasts thereof; and any vessel under the Atnerican flag violating 1, this provision shall, with her cargo, be subject to confiscation to the Chinese Govern- j ment; and any citizen of the United States who shall trade in any contraband article l| ■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 1 the United States will take measures to prevent their flag from being abused by the j 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 merchan- ' -dise of which the importation or exportation is not prohibited by the laws of the Empire. The tariff of duties to be paid by the citizens of the United States, on the export and ; import of goods from and into China, shall be the same as was agreed upon at the , Treaty of Wanghia, except so far as it may be modified by Treaties with other nations, j 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 the Commis- sioner of Customs. And if any vessel, having paid tonnage duty at one port, shall | .go to any other port to complete the disposal of her cargo, or being in ballast, to j; 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 i duties have been paid, and report the circumstance to the collectors at the other j Custom-houses; in which case the said vessel shall only pay duty on her cargo, and j 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. XVII.—Citizens of the United States shall be allowed to engage pilots to (take their vessels into port, and, when the lawful duties have all been paid, take them 1 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, j the Collector of Customs shall, if he see fit, appoint Custom-house officers to guard | said vessels, who may live on board the ship or their own boats, at their convenience. , ■ The local authorities of the Chinese Government shall cause to be apprehended all ; mutineers or deserters from on board the vessels of the United States in China on j 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 1 board the vessels of citizens of the United States, they shall not be harboured, but TREATY BETWEEN THE UNITED STATES AND CHINA 93 •shall be delivered up to justice on due requisition by the Chinese local officers, addressed to those of the United States. The merchants, seamen, and other citizens of the United States shall be under the superintendence of the appropriate officers of their Government. If individuals of either nation commit acts of violence or disorder, use arms to the injury of others, or create disturbances endangering- life, the officers of the two Governments will exert themselves to enforce order and to maintain the public peace, by doing impartial justice in the premises. Art. XIX.—Whenever a merchant vessel belonging to the United States shall cast anchor in either of the said ports, the supercargo, master, or consignee, shall, within forty-eight hours, deposit the ship’s papers in the hands of, the Consular person charged with his functions, who shall cause to be communicated to the Super- intendent of Customs a true report of the name and tonnage of such vessel, the number of her crew, and the nature of her cargo, which being done, he shall give a permit for her discharge. And the master, supercargo, or consignee, if he proceed to discharge the cargo without such permit, shall incur a fine of five hundred Dollars, and the goods so discharged without permit shall be subject to forfeiture to the Chinese Government. But if a master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, paying duty on such part only, and to proceed with the remainder to any other ports. Or if the master so desire, he may, within forty- height hours after the arrival of the vessel, but not later, decide to depart without breaking bulk; in which case he shall not be subject to pay tonnage or other duties •or charges, until, on his arrival at another port, he shall proceed to discharge cargo when he shall pay the duties on vessel and cargo, according to law. And the tonnage •duties shall be held due after the expiration of the said forty-eight hours. In case of the absence of the Consul or person charged with his functions, the captain or supercargo of the vessel may have recourse to the Consul of a friendly Power; or, if he please, directly to the Superintendent of Customs, who shall do all that is required •to conduct the ship’s business. Art. XX.—The Superintendent of Customs, in order to the collection of the •proper duties, shall, on application made to him through the Consul, appoint suitable •officers, who shall proceed, in the presence of the captain, supercargo, or consignee to make a just and fair examination of all goods in the act of being discharged for Importation, or laden for exportation, on board any merchant vessel of the United "States. And if disputes occur in regard to the value of goods subject to ad valorem -duty, or in regard to the amount of tare, and the same cannot be satisfactorily -arranged by the parties, the question may, within twrenty-four hours, and not after- wards, be referred to the said Consul to adjust with the Superintendent of Customs. Art. XXI.—Citizens of the United States who may have imported merchandise •into any of the free ports of China, and paid the duty thereon, if they desire to •re-export the same in part or in whole to any other of the said ports, shall be entitled to make application, through their Consul, to the Superintendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made, by •suitable officers, to see that the duties paid on such goods as are entered on the Custom- house books correspond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the port-clearance of the goods and the amount of duties paid on the same, and deliver the same to the merchant, and shall also certify the facts to the officers of Customs at the other ports; all which being done, on the arrival in port of the vessel in which the goods are laden, and everything being found, on examination there, to •correspond, she shall be permitted to break bulk, and land the said goods without ■being subject to the payment of any additional duty thereon. But if, on such examination, the Superintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese Government. Foreign grain or rice brought into any port of China in a ship of the United States, and not landed, may be re-exported without hindrance. Art. XXII.—The tonnage duty on vessels of the United States shall be paid on their being admitted to entry. Duties of import shall be paid ou the discharge of the 94 TREATY BETWEEN THE CTNITED STATES AND CHINA goods, and duties of export on the lading of the same. When all such duties shalh have been paid, and not before, the Collector of Customs shall give a port-clearance, and the Consul shall return the ship’s papers. The duties shall be paid to the shroffs- authorized by the Chinese Government to receive the same. Duties shall be paid and received either in sycee silver or in foreign money, at the rate of the day. If the- Consul permits a ship to leave the port before the duties and tonnage dues are paid he shall be held responsible therefor. Art. XXIII.—When goods on board any merchant vessel of the United States- in port require to be transhipped to another vessel application shall be made to the Consul, who shall certify what is the occasion therefor to the Superintendent of Customs, who may appoint officers to examine into the facts and permit the- transhipment. And if any goods be transhipped without written permits, they shall be subject to be forfeited to the Chinese Government. Art. XXIY.—Where there are debts due by subjects of China to citizens of the- United States, the latter may seek redress in law; and, on suitable representation being made to the local authorities through the Consul, they will cause due examination in the premises, and take proper steps to compel satisfaction. And if citizens of the- United States be indebted to subjects of China, the latter may seek redress by representation through the Consul, or by suit in the Consular Court; but neither Government will hold itself responsible for such debts. Art. XXY.—It shall be lawful for the officers or citizens of the United States to- employ scholars and people of any part of China, without distinction of persons, to- teach any of the languages of the Empire, and assist in literary labours, and the persons so employed shall not for that cause be subject to any injury on the part either of the Government or individuals; and it shall in like manner be lawful for citizens of the United States to purchase all manner of books in China. Art. XXYI.—Relations of peace and amity between the United States and China being established by this Treaty, and the vessels of the United States being admitted1 to trade freely to and from the ports of China open to foreign commerce, it is further agreed that, in case at any time hereafter China should be at war with any foreign nation whatever, and should for that cause exclude such nation from entering her ports, still the vessels of the United States shall none the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent Powers, full respect being paid to the neutrality of the flag of the United States, provided that the said flag shall not protect vessels engaged in the transportation of officers or soldiers in the enemy’s service, nor shall said flag be* fraudulently used to enable the enemy’s ships, with their cargoes, to enter the ports- of China; but all such vessels so offending shall be subject to forfeiture and confisca- tion to the Chinese Government. Art. XXVII.—All questions in i-egard to rights, whether of property or person, arising between citizens of the Uniced States in China, shall be subject to the- jurisdiction and be regulated by the authorities of their own Government; and all controversies occurring in China between citizens of the United States and the subjects of any other Government shall be regulated by the Treaties existing between the United States and such Governments respectively, without interference on the- part of China. Art. XXVIII.—If citizens of the United States have special occasion to address any communication to the Chinese local officers of Government, they shall submit the same to their Consul or other officer, to determine if the language be proper andf respectful, and the matter just and right, in which event he shall transmit the same- to the appropriate authorities for their consideration and action in the premises. If subjects of China have occasion to address the Consul of the United States they may address him directly, at the same time they inform their own officers, representing the- case for his consideration and action in the premises; and if controversies arise between citizens of the United States and subjects of China, which cannot be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity by the public officers of the two nations, acting in conjunction. The extortion 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. Art. XXIX,—The principles of the Christian Religion, as professed by the Trotestant 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 whc quietly profess and teach these doctrines shall not be harassed or persecuted on account of their faith. Any person, whether citizen of the United States or Chinese [ convert, who, according to those tenets, peaceably teaches and practises the principles of Christianity, shall in no case be interfered with or molested. Art. XXX.—The contracting parties hereby agree that should at any time the 'Ta-Tsing Empire grant to any nation, or the merchants or citizens of any nation, any right, privilege, or favour, connected either with navigation, commerce, political or other intercourse, which is not conferred by this Treaty, such right, privilege, and favour shall at once freely enure to the benefit of the United States, its public officers, merchants, and citizens. The present Treaty of Peace, Amity, and Commerce shall be ratified by the President of the United States, by and with the advice and consent of the Senate, within one year, or sooner, if possible, and by the August Sovereign of the Ta-Tsing Empire forthwith; and the ratifications shall be exchanged within one year from the •date of the signature thereof. In faith whereof we, the respective Plenipotentiaries of the United States of America and of the Ta-Tsing Empire, as aforesaid, have signed and sealed these presents. Done at Tientsin, this eighteenth day of June, in the year of our Lord one thousand eight hundred and fifty-eight and the Independence of the United States -of America the eighty-second, and in the eighth year of Hien Eung, 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, since the conclusion of the Treaty between the United States of America ;and the Ta-Tsing Empire (China) of the 18th June, 1858, circumstances have | arisen showing the necessity of additional Articles thereto : the President of the United States and the August Sovereign of the Ta-Tsing Empire have named for their Plenipotentiaries: to wit, the President of the United States of America, William R. Seward, Secretary of State; and His Majesty the Emperor of China, Anson Burlingame, accredited as his Envoy Extraordinary and Minister Plenipo- | tentiary, and Chih-kang and Sun-chia-ku, of the second Chinese rank, associated high Envoys and Ministers of his said Majesty; and the said Plenipotentiaries, after having exchanged their full powers, found to be in due and proper form, have agreed 'upon the following Articles :— Ai’t. 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 purposes* ! of trade, he has by no means relinquished his right of eminent domain or dominion over the said lands and waters, hereby agrees that no such concession or grant shall |1 be construed to give to any Power or party which may be at war with or hostile to- i the United States, the right to attack the citizens of the United States, or their property, within the said lands or waters: And the United States for themselves- § hereby agree to abstain from offensively attacking the citizens or subjects of any 1 Power or party, or their property, with which they may be at war, on any such tract ? of land or water of the said Empire. But nothing in this Article shall be construed I to prevent the United States from resisting an attack by any hostile Power or party upon their citizens or their property. It is further agreed that if any right or interest in any tract of land in China,. | has been, or shall hereafter be, granted by the G-overnment of China to the United I States or their citizens for purposes of trade, or commerce, that grant shall in no* I event be construed to divest the Chinese Authorities of their right of jurisdiction I over persons and property within said tract of land except so far as the right may J have been expressly relinquished by Treaty. Art. II.—The United States of America and His Majesty the Emperor of China, j believing that the safety and prosperity of commerce will thereby best be promoted,. I agree that any privilege or immunity in respect to trade or navigation within the- | Chinese dominions which may not have been stipulated for by Treaty, shall be subject I to the discretion of the Chinese Government, and may be regulated by it accordingly, j but not in a manner or spirit incompatible with the Treaty stipulations of the parties, |! Art. III.—The Emperor of China shall have the right to appoint Consuls at ports of the United States, who shall enjoy the same privileges and immunities as- j those which are enjoyed by public law and Treaty in the United States by the Consuls of Great Britain and Russia, or either of them. Art. IV.—The 29th Article of the Treaty of the 18th J une, 1858, having stipulated for the exemption of the Christian citizens of the United States and Chinese converts | from persecution in China on account of their faith, it is further agreed that citizens- of the United States in China of every religious persuasion, and Chinese subjects in j the United States, shall enjoy entire liberty of conscience, and shall be exempt from all disability or persecution on account of their religious faith or worship in either country. Cemeteries for sepulture of the dead, of whatever nativity or nationality, shall be held in respect and free from disturbance or profanation. Art. V.—The United States of America and the Emperor of China cordially | recognize the inherent and inalienable right of man to change his home and allegiance, ! and also the mutual advantage of the free migration and emigration of their citizens ; and subjects respectively from the one country to the other for the purposes of curiosity, | of trade, or as permanent residents. The high contracting parties, therefore, join in 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 the , United States, or a Chinese subject, to take Chinese subjects either to the United States or to any other foreign country ; or for a Chinese subject or citizen of the |j United States to take citizens of-the United States to China, or to any other foreign I country, without their free and voluntary consent respectively. Art. VI.—Citizens of the United States visiting or residing in China shall enjoy the same privileges, immunities, or exemptions in i*espect to travel or residence as may there be enjoyed by the citizens or subjects of the most favoured nation. And, reciprocally, Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immunities, and exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favoured nation. But nothing herein contained shall be held to confer naturalization upon citizens of the United States in China, nor upon the subjects of China in the United States. Art. VII.—Citizens of the United States shall enjoy all the privileges of the public educational institutions under the control of the Government of China; and, reciprocally, Chinese subjects shall enjoy all th? privileges of the public educational IMMIGRATION' AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA 97 institutions under the control of the Government of the United States, which are enjoyed in the respective countries by the citizens or subjects of the most favoured nation. The citizens of the United States may freely establish and maintain schools within the Empire of China at those places where foreigners are by Treaty permitted to reside; and, reciprocally, Chinese subjects may enjoy the same privileges and immunities in the United States. Art. VIII.—The United States, always disclaiming and discouraging all prac- tices of unnecessary dictation and intervention by one nation in the affairs or domestic administration of another, do hereby freely disclaim and disavow any intention or right to intervene in the domestic administration of China in regard to the construc- tion of railroads, telegraphs, or other material internal improvements. On the other hand, His Majesty the Emperor of China reserves to himself the right to decide the time and manner and circumstances of introducing such improvements within his dominions. With this mutual understanding it is agreed by the contracting parties that, if at any time hereafter his Imperial Majesty shall determine to construct, or cause to be constructed, works of the character mentioned within the Empire, and shall make application to the United States or any other Western Power for facilities to carry out that policy, the United States will in that case designate or authorize suitable engineers to be employed by the Chinese Government, and will recommend to other nations an equal compliance with such applications ; the Chinese Government in that case protecting such engineers in their persons and property, and paying them a reasonable compensation for their services. In faith whereof, the respective Plenipotentiaries have signed this Treaty and thereto affixed the seals of their arms. Done at Washington, the twenty-eighth day of July, in the year of our Lord one thousand eight hundred and sixty-eight. [n.s.] (Signed) William H. Seward. [l.s.] (Signed) Chih Kano, [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 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 Janies B. Angell, of Michigan; John F. Swift, of California; and William H. Trescott, of South Carolina, as bis 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 98 IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA their full powers, and, having discussed the points of possible modifications in existing Treaties, have agreed upon the following Articles in modification Art. I.—Whenever, in the opinion of the Government of the United States, the coming of Chinese labourers to the United States, or their residence therein, affects, 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 tne 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 and His Imperial Majesty the Emperor of China, because of certain points of incompleteness in the existing Treaties between the two Governments, have named as their Commissioners Plenipotentiary: The President of the United States of America, James P». 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 IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE TT.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 and undertake that Chinese subjects shall not be permitted to import opium in any of the ports of the United States, and citizens of the United States shall not be permitted to import opium into any of the open ports of China, or transport from one open port to any other open port, or to buy and sell opium in any of the open ports in China. This absolute prohibition, which extends to vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either Power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of China and the United States, and the benefits of the favoured nation clauses in existing Treaties shall not be claimed by the citizens or subjects of either Power as against the provisions of this Article. Art. III.—His Imperial Majesty the Emperor of China hereby promises and agrees that no other kind or higher rate of tonnage dues or duties for imports or ex- ports or coastwise trade shall be imposed or levied in the open ports of China upon vessels wholly belonging to citizens of the United States, or upon the produce, manu- factures, or merchandise imported in the same from the United States, or from any foreign country, or upon the produce, manufactures, or merchandise exported in the same to the United States, or any foreign country, or transported in the same from one open port of China to another, than are imposed or levied on vessels or cargoes of any other nation, or on those of Chinese subjects. The United States hereby pro- mises and agrees that no other kind or higher rate of tonnage duties and dues for imports shall be imposed or levied in the ports of the United States upon vessels wholly belonging to the subjects of his Imperial Majesty, coming either directly or by way of any foreign port from any of the ports of China which are open to foreign trade to the ports of the United States, or returning therefrom either directly or by way of any foreign port to any of the open ports of China, or upon the produce, manufactures, or merchandise imported in the same from China, or from any foreign country, than are imposed or levied on vessels of any other nations which make no discrimination against the United States in tonnage dues or duties on imports, exports, or coastwise trade, 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 ease. In faith whereof, ihe 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 E. Swift. „ Li Hung-tsao. „ William H. Trescott. 4* 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 Hwang 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 Bank, 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 travellers for curiosity or pleasure, but not labourers, of coming to the United States and residing therein. To entitle such Chinese subjects as are above described to admission into the United States they may produce a certificate either from their Government or from the Government of the country where they last resided, vised 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. Art. IY.—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. Y.—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 this Gonvention 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 Yui, Chinese Minister to the United States. COMMERCIAL TREATY BETWEEN THE UNITE!) 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 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- ernment 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 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, Senior Vice-President of the Board of Commerce; Who, having met and duly exchanged their full powers, which were found to be 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 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, 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 footing of equality, with no loss of prestige on either side. The diplomatic representatives of the United States shall enjoy all the preroga- 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 COMMEECIAL 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 •G-overnment 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 •G-overnment, 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 to levy such other taxes as are not in conflict with its provisions. 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 frontiers 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 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 lehin, of other transit dues besides lekin, and of all other taxation on foreign goods and in consideration of the other reforms provided for in this Article. The Chinese Government may re-cast the foreign 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 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- 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 at the open ports or by Chinese anywhere in China, shall as regards taxation be 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, 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 shall 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 of the Imperial Maritime Customs, each of sufficient standing; and, in the event of it being found by the investigating officers that the complaint is well founded and loss has been incurred, due compensation shall be paid through the Imperial Mari- time Customs. The high provincial officials shall be held responsible that the officer 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 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 published 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,. COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA 105 offices, 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 goods and on the export of native goods, and the other fiscal changes and reforms Srovided for in this Article, all of which shall take effect from the said date. The Idict 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. Y.—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 IY. of the present Convention, or as may hereafter be agreed upon bv the present high contracting parities. 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 Grovernment 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 faee 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 within 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 XXI., in the case of detected frauds on the revenue. In case the goods have been removed 106 COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA from Chinese territory, then the Consul shall inflict on the guilty party a fine to be- paid to the Chinese G-oyernment. 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 j 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, 1 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 | knowingly passing off an imitation of trade-marks belonging to citizens of the United 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. 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 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 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- 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 1 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 t me 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 this Treaty, Mukden and Antung, both in the province of Sheng-king, will be opened by China 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 on 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 to relinquish extraterritorial rights when satisfied that the state of the Chinese laws, the arrangementsfortheir 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 from the date of the exchange of the ratifications hereof. If no revision is demanded 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 j 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 I correct one. This Treaty and its three Annexes shall be ratified by the two high contracting i parties in conformity with their respective constitutions, and the ratifications shall 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, have signed this Treaty in duplicate in the English and Chinese languages, and have I 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 Hsii eighth month and eighteenth day. Annex I. As citizens of the United States are already forbidden by Treaty to deal in or handle opium, no mention has been made in this Treaty of opium taxation. As the trade in salt is a G-ovemment 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 IV. of this Treaty regarding the unobstracted 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 the purpose of safeguarding the revenue of China at such places, it is understood that the 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 Hsuan-huai for China at Shanghai on the sixth day of September, a.d. 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. IY.—Portugal engages to co-operate in opium revenue work at Macao in the same way as England in Hongkong. Done at Lisbon, the 26th March, 1887. Henrique de Barros Gomes. James Duncan Campbell. The Treaty Ratifications Exchanged at Peking 28th April, 1888 His Most Faithful Majesty the King of Portugal and the Algarves, and His Imperial Majesty the Emperor of China, desiring to draw closer and to consolidate the ties of friendship which have subsisted for more than three hundred years between Portugal and China, and having agreed in Lisbon on the 26th day of March, 1887, 2nd day of 3rd moon of the 13th year of the reign of the Emperor Kwang 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 Yamein, 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 Protocol of Lisbon, relating to the perpetual occupation and government of Macao by Portugal It is stipulated that Commissioners appointed by both Governments shall proceed to the delimitation of the boundaries, which shall be determined by a special Con- vention ; but so long as the delimitation of the boundaries is not concluded, every- thing in respect to them shall continue as at present, without addition, diminution, or alteration by either of the parties. 110 TREATY BETWEEN PORTUGAL AND CHINA 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- 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 place where such residence is equally accorded to the diplomatic representative of other nations. The Chinese Government may also, if it thinks fit, appoint an Ambassador, Minister, or other diplomatic agent to reside at Lisbon, or to visit that Court when his Government shall order. Art. YI.—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 (Chavrhoet); 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 same concession for herself and for her own subjects, will equally assent to the condi- tions attached to it. Art XI.—Portuguese subjects are allowed to reside at, or frequent, the ports of China opened to foreign commerce and there carry on trade or employ themselves freely. Their boats may navigate without hindrance between the ports open to foreign commerce, and they may import and export their merchandise, enjoy ingall the rights and privileges enjoyed by the subjects of the most favoured nation. Art. XII.—Portuguese subjects shall pay import and export duties on all mer- chandise according to the rates specified in” the tariff of 1858, adopted for all the other nations; and in no instance shall higher duties be exacted from them than those paid by the subjects of any other foreign nation. Art. XIII.—Portuguese subjects are permitted to hire any description of boats they may require for the conveyance of cargo or passengers, and the price of said hire will be fixed by the contracting parties alone, without interference 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. XIY.—Portuguese subjects residing in the open ports may take into their service Chinese subjects, and employ them in any lawful capacity in China, without restraint or hindrance from the Chinese Government; but shall not engage them for foreign countries in contravention of the laws of China. Art. XY.—The Chinese authorities are bound to grant the fullest protection to the persons and to the property of Portuguese subjects in China, whenever they may be exposed to insult or wrong. In case of robbery or incendiarism, the local 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 TEEATY BETWEEN POETUGAL 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 ship has the option, within forty- eight hours of his arrival at any of the open ports of China, but not later, to decide whether he will leave port without opening the hatches, and in such case he will not have to pay tonnage dues. He is bound, however, to give notice of his arrival 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 form. If the captain of the ship should take upon himself to commence discharging without permission, he shall be fined five hundred Taels and the goods so discharged shall be confiscated. Art. XXIX.—Portuguese merchants having goods to ship or to land will have to obtain a special permission from the Superintendent of Customs to that effect, without which all goods shipped or landed shall be liable to confiscation. Art. XXX.—No transhipment of goods is allowed from ship to ship without special permission, under penalty of confiscation of all the goods so transhipped. Art. XXXI.—When a ship shall have paid all her duties, the Superintendent of Customs will grant her a certificate and the Consul will return the papers, in order that she may proceed on her voyage. Art. XXXII.—When any doubt may arise as to the value of goods which by the Tariff are liable to an ad valorem duty, and the Portuguese merchants 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 ■may appeal to the Consul, who will refer the case to the Superintendent of Customs; this officer will act in such a manner as to settle the question amicably. The appeal, showever, 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! mported, 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- G-overnment. 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 o£ the open ports, or those who buy native produce in the interior to bring to the ports ’ on the Yang-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 j more duties than are due, shall be punished according to the Chinese law. Art. XXXIX.—The Consuls and local authorities shall consult together, when neces- j 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 I at Canton on the 15th July, 1843. Art. XLI.—In order to secure the regularity of weights and measures and to avoid confusion, the Superintendent of Customs will hand over to the Portuguese Consul at each of the open ports standards similar to those given by the Treasury Department for collection of public dues to the Customs at Canton. Art. XLII.—Portuguese merchant ships may resort only to those ports of China, which are declared open to commerce. It is forbidden to them, except in the case of force majeure provided for in Article XIX., to enter into other ports, or to carry on a clandestine trade on the coast of China, and the 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 o£ 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 J 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* 1 extradition the Governor of Macao will continue to follow the existing practice, after the receipt of a due requisition from the Viceroy of the Kwangs, it is agreed that., in the Chinese ports open to foreign trade, the Chinese criminals who take refuge at the houses or on board ships of Portuguese subjects shall be arrested and delivered to the Chinese authorities on their applying to the Portuguese Consul; and likewise the Portuguese criminals who take refuge in China shall be arrested and delivered' to the Portuguese authorities on their applying to the Chinese authorities; and by neither of the parties shall the criminals be harboured nor shall there be delay in' delivering them. Art. XLVI.—It is agreed that either of the high contracting parties to this Treaty may demand a revision of the Tariff, and of the commercial Articles of this Treaty, at the end of ten years; but if no demand be made on either side within six , months after the end of the first ten years, then the Tariff shall remain in force for j 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. TEEATY BETWEEN PORTUGAL AND CHINA 115 If Portuguese subjects become guilty of any criminal act towards Chinese subjects, ihe'Chinese authorities must report such acts to the Portuguese Consul in order that 'the guilty may be tried according to the laws of Portugal. Art. XLIX.—If any Chinese subject shall have become indebted to a Portuguese subject and withholds payment, or fraudulently absconds from his creditors, the Chinese authorities shall use all their efforts to apprehend him and to compel him to pav, the debt being previously proved and the possibility of its payment ascertained. The Portuguese authorities will likewise use their efforts to enforce the payment of any debt due by any Portuguese subject to a Chinese subject. But in no case will the Portuguese Government or the Chinese Government be considered responsible for the debts of their subjects. Art. L.—Whenever any Portuguese subject shall have to petition the Chinese authority of a district, he is to submit his statement beforehand to the Consul, who ; will cause the same to be forwarded should he see no impropriety in so doing, otherwise he will have it written out in other terms, or decline to forward it. | Likewise, when a Chinese subject shall have occasion to petition the Portuguese I Consul he will only be allowed to do so through the Chinese authority, who shall 1 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 I -cognizance of the case and will use all his efforts to settle it amicably. Likewise, when a Chinese subject shall have occasion to complain of a Portuguese subject, the ■Consul will listen to his complaint and will do what he possibly can to re-establish harmony between the two parties. If, however, the dispute be of such a nature that it cannot be settled in that | -conciliatory way, the Portuguese Consul and Chinese authorities will hold a joint investigation of the case, and decide it with equity, applying each the laws of his own country according to the nationality of the defendant. Art. LII.—The Catholic religion has for its essential object the leading of men to virtue. Persons teaching it and professing it shall alike be entitled to efficacious protection from the Chinese authorities; nor shall such persons pursuing peaceably their calling and not offending against the laws be prosecuted or interfered with. Art. LIII.—In order to prevent for the future any discussion, and considering that the English language, among all foreign languages, is the most generally tknown 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 dhese 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. LIY.—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 f&uang-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 Convention It having been stipulated in the Art. IV. of the Treaty of Amity and Commerce,, concluded between Portugal and China on the 1st day of the month of December, 1887, that a Convention shall be arranged between the two high contracting parties- in order to establish a basis of co-operation in collecting the revenue on opium ex- ported from Macao to Chinese ports, the undersigned Thomas de Souza Roza, Envoy Extraordinary and Minister Plenipotentiary of His Most Faithful Majesty the King of Portugal and the Algarves, in special mission to the Court of Peking, and His Highness 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 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 quanti 2. —All opium imported into Macao must, forthwith o the competent department under a public functionary appointed by the Portugueso- Government, to superintend the importation and exportation of opium in Macao. 3. —No opium imported into Macao shall be transhippe from one store to another, or exported, without a permit issued by the Superintendent. 4. —The importers and exporters of opium in Macao mu ing to the form furnished by the Government, showing with exactness and clearness the quantity of opium they have imported, the number of chests they have sold, to- whom and to what place they were disposed of, and the quantity in stock. 5. —Only the Macao opium farmer, and persons licen will be permitted to keep in their custody raw opium in quantities inferior to one chest. 6. —Regulations framed to enforce in Macao the exe 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-kuan. 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] Pkince Ch’ing. Signature of the Chinese Plenipotentiaries. Sun-iu-uen. Agreement The basis of the co-operation to be given to China by Portugal in the collection of duties on opium conveyed from Macao to Chinese ports, having been fixed by a Convention appended to the Treaty of Amity and Commerce, concluded between China and Portugal on the 1st December, 1887, and it being now convenient to come to an understanding upon some points relating to the said co-operation as well as to fixed rules for the treatment of Chinese junks trading with Macao, Bernardo Pinheiro- Correa de Mello, Secretary of the Special Mission of His Most Faithful Majesty in COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL 117 Peking, duly authorized by His Excellency Thomas de Souza Roza, Chief of the said Mission, and Sir Robert Hart, k.c.m.g., Inspector-General of the Chinese Imperial- Maritime Customs, provided with the necessary instructions from the Chinese Government, have agreed on the following: 1. —An office under a Commissioner appointed by the Foreign In the Chinese Imperial Maritime Customs shall be established at a convenient spot on Chinese territory, for the sale of opium duty certificates, to be freely sold to merchants 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 m 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 managem 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 cargo 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 lekin tax before entering Macao may be re-exported from Macao to Chinese ports without paying Customs duties and leldn tax again, and will be only subject to the payment of the tax named Siao-hao. In witness whereof, this agreement has been written in Portuguese and English and signed in duplicate at Peking this the first day of December, 1887. (Signed) Bernardo Pinheiro Correa de Mello, Secretary of the Special Mission of His Most Faithful Majesty ~ (Signed) Sir Robert Hart, Inspector-General of Chinese Imperial Maritime Customs. COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL Signed at Shanghai, November, 1904 Art. I.—The Treaty of Amity and Commerce between China and Portugal) 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. 118 COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL Art. III.—The duty and lekin on foreign opium will continue as provided for in existing Treaties. The Government 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 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 this 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- 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 tq 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 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 dn 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 PORTUGAL 119* the importation of agricultural products, specially wines and oil, or in the importa-- tion of industrial products, specially woollen and cotton goods and preserved food- stuffs, shall be extended to similar Portuguese goods on exactly the same conditions. It is also clearly understood that Portuguese wine of all kinds proved by means of certificate of origin, issued by Portuguese Consuls, to have been imported from Portugal, direct or otherwise, shall when their alcoholic strength exceeds 14° pay the duty leviable according to the annexed tariff on wines exceeding 14° of alcoholic strength. Wine passed through the Chinese Customs under designation “ Port Wine ” shall not be entitled to the benefit of this Article unless accompanied by a certificate of origin as above. Art. VII.—Portuguese subjects may frequent, reside at, and carry on trade, industries and manufactures, and pursue any other lawful avocation in all the ports and localities in China which have alreaby been or may hereafter be opened to- foreign residence and trade ; and wherever in any such ports or localities a special area has been or may hereafter be set apart for the use and occupation of foreigners,. Portuguese subjects may therein lease land, erect buildings, and in all respects enjoy the same privileges and immunities as are granted to subjects of the most favoured nations. Art. VIII.—Whereas China, with the object of reforming its fiscal system, proposes to levy a surtax in addition to the tariff duties on all goods passing through, the Custom-houses, whether maritime or inland and frontier, in order to make good the loss incurred by the complete abolition of lekin, 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 vabrem, provided always that such import surtax and export 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 COMMEECIAL TREATY BETWEEN CHINA AND PORTUGAL will allow the importation of morphia and of instruments for its injection for medical j 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 fl importer upon his signing at the Portuguese Consulate a suitable bond undertaking 1 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 I 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 I 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 1 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 1 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 -s 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 -I -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 j ■Government agrees that Chinese subjects joining with Portuguese subject in the or- j ganisation of a joint stock company or commercial undertaking, legally constituted, j 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- I 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 i partners in the same company or partnership. Similarly Portuguese subjects who !j invest their capital in Chinese enterprises shall be bound to fulfil the obligations imposed by the partnership agreement or memorandum, and articles of association, 1 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 121 tions do not infringe on previous inventions by subjects of China. Any Chinese or Portuguese subject who is the author, proprietor, or seller of any publication injurious to the peace and good government of China shall be dealt with in accordance 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. XYI.—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 reli gious custo m s 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. XVIII.—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 Tor the Northern Ports of China, Viceroy of the Province of Chihli, and Earl of the First Rank, and Li Ching Fong, ex-Minister of the Diplomatic Service of the Second -Official Rank; Who, after having exchanged their full powers, which were found to be in good -and proper form, have agreed to the following Articles:— 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 123' (c.) The Pescadores Group, that is to say, all islands lying between the 119th and 120th degrees of longitude east of Greenwich and the 23rd and 24th degrees of north latitude. Art. III.—The alignments of the frontiers described in the preceding Article, and shown on the annexed map, shall be subject to verification and demarcation on the spot by a Joint Commission of Delimitation, consisting of two or more Japanese and two or more Chinese Delegates, to be appointed immediately after the exchange of the ratifications of this Act. In case the boundaries laid down in this Act are found to be defective at any point, either on account of topography or in consideration of good administration, it shall also be the duty of the Delimitation Commission to- 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 received1 the approval of the Governments of Japan and China. Art. IY.—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. Y.—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 1 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 or more Commissioners to Formosa to effect a final transfer of that province, and within the space of two months after the exchange of the ratifications of this Act such transfer shall be completed. Art. YI.—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 Kegulatious, now subsisting between China and European Powers, shall serve as a basis for the said- Treaty and Convention between Japan and China. From the date of the exchange of the ratifications of this Act until the said Treaty and Convention are brought into actual operation, the Japanese Government, its officials, commerce, navigation, frontier intercourse and trade, industries, ships and subjects, shall in every respect be accorded by China most favoured nation treatment. China makes, in addition, the following concessions, to take effect six months- after the date of the present Act:— 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. (b.) Chung King, in the Province of Szechuan. (c.) Suchow, in the Province of Kiang Su. (d.) Hangchow, in the Province of Chekiang. The Japanese Government shall have the right to station Consuls at any or all -of the above-named places. 2. Steam navigation for vessels under the Japanese flag for the conveyance of -passengers and cargo shall be extended to the following places:— (a.) On the Upper Yangtsze Eiver, from Ichang to Chung King. (b.) On the Woosung Eiver, and the Canal, from Shanghai to Suchow and Hangchow. The Eules and .Regulations which now govern the navigation of the inland waters of China by foreign vessels, shall, so far as applicable, be enforced in respect of the above-named routes, until new Rules and Eegulations are conjointly agreed to. 3. Japanese subjects purchasing goods or produce in the interior of China or -transporting imported merchandise into the interior of China, shall have the right temporarily to rent or hire warehouses for the storage of the articles so purchased or transported, without the payment of any taxes or exactions whatever. 4. Japanese subjects shall be free to engage in all kinds of manufacturing industries in all the open cities, towns, and ports of China, and shall be at liberty to import into China all kinds of machinery, paying only the stipulated import duties thereon. All articles manufactured by Japanese subjects in China, shall in respect of inland transit and internal taxes, duties, charges, and exactions of all kinds and also in respect of warehousing and storage facilities in the interior of China, stand upon the same footing and enjoy the same privileges and exemptions as merchandise imported by Japanese subjects into China. In the event of additional Eules and Eegulations being necessary in connection 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, the Customs Bevenue 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 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 jpunish prisoners of war so restored to her by Japan. China also engages to at once release all Japanese subjects accused of being military spies or charged with any other military offences. China further engages not to punish in any manner, nor to •allow to be punished, those Chinese subjects who have in any manner been compromised in their relations with the Japanese army during the war. Art. X.—All offensive military operations shall cease upon the exchange of the ratifications of this Act. Art. XI.—The present Act shall be ratified by their Majesties the Emperor of Japan and the Emperor of China, and the ratifications shall be exchanged at Chefoo on the eighth day of the fifth month of the twenty-eighth year of Meiji, corresponding ■to the fourteentli day of the fourth month of the twenty-first year of Kwang Hsu. In witness whereof, the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms. Done at Shimonoseki, in duplicate, this seventeenth day of the fourth month -of the twenty-eighth year of Meiji, corresponding to the twenty-third of the third vnonth of the twenty-first year of Kuang Hsix. [l.s.] Count Ito Hirobumi, Junii, Grand Cross of the Imperial Order of Paullownia, Minister-President of State, Plenipotentiary of His Majesty the Emperor of Japan. [n.s.] Viscount Mutsu Mtjnemitstj, 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.] Li Hung-chang, Plenipotentiary of His Majesty the Emperor of China, Senior Tutor to the Heir Ap- parent, Senior Grand Secretary of Northern Ports of China, Viceroy of the Province of Chihli, and Earl of the First 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:— 126 TREATY BETWEEN CHINA AND JAPAN . His Majesty tlie Emperor of Japan, Baron Hayashi Tadasu, Shoshii, Grand; Cross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary ; and His Majesty the Emperor of China, Chang Yin-hoon, Minister of the Tsung-lh Yamen, holding: the rank of the President of a Board and Senior Vice-President 1 of the Board of Revenue. Who, after having communicated to each other their full powers, found to be in good and due form, have agreed upon and concluded the following Articles:— Art. 1.—There shall be perpetual peace and friendship between His Majesty the Emperor of Japan and His Majesty the Emperor of China, and between their' respective subjects, who shall enjoy equally in the respective countries of the high contracting parties full and entire protection for their persons and property. Art. II.—It is agreed by the high contracting parties that His Majesty the Emperor of Japan may, if he see fit, accredit a Diplomatic Agent to the Court of Peking and His Majesty the Emperor of China may, if he sees fit, accredit a. Diplomatic Agent to the Court of Tokyo. The Diplomatic Agents thus accredited shall respectively enjoy all the pre- rogatives, privileges and immunities accorded by international law to such Agents,, and they shall also in all respects be entitled to the treatment extended to similar Agents of the most favoured nation. Their persons, families, suites, establishments, residences and correspondence shall be held inviolable. They shall be at liberty to select and appoint their own officers, couriers, interpreters, servants, and attendants without any kind of molestation. Art. III.—His Majesty the Emperor of Japan may appoint Consuls-General, Consuls, Vice-Consuls, and Consular Agents to reside at such of the ports, cities, and towns of China which are now or may hereafter be opened to foreign residence and' trade, as the interests of the Empire of Japan may require. These officers shall be treated with due respect by the Chinese Authorities, and they shall enjoy all the attributes, authority, jurisdiction, privileges and immunities- which are or may hereafter be extended to similar officers of the nation most favoured in these respects. His Majesty the Emperor of China may likewise appoint Consuls-General, Consuls,. Vice-Consuls, and Consular Agents to reside at any or all of those places in Japan where Consular officers of other nations are now or may hereafter be admitted, and,, saving in the matter of jurisdiction in respect of Chinese subjects and property in Japan which is reserved to the Japanese Judicial Courts, they shall enjoy the rights- and privileges that are usually accorded to such officers. Art. IV.—Japanese subjects may, with their families, 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 ports of call in China or carry on clandestine trade along the coast or rivers, the vessel with her cargo shall be subject to confiscation by the Chinese Government. TREATY BETWEEN CHINA AND JAPAN 127 Art. VI.—Japanese subjects may travel, for their pleasure or for puroose of Oracle, 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 travelling in the interior without a passport shall be liable to a fine not exceeding 300 Taels. Japanese sub- jects may, however, without passports go on excursions from any of the ports open to trade, to a distance not exceeding 100 Chinese li 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 dnto their service Chinese subjects and employ them in any lawful capacity without restraint or hindrance from the Chinese Government or authorities. Art. VIII.—Japanese subjects may hire whatever boats they please for the conveyance of cargo or passengers and the sum to be paid for such boats shall be ■settled between the parties themselves, without the interference of the Chinese Government or officers. No limit shall be put upon the number of boats, neither shall a monopoly, in respect either of the boats or of the porters or coolies engaged in carrying goods, be granted to any parties. If any smuggling takes place in •them the offenders will, of course, be punished according to law. Art. IX.—The Tariffs and Tariff Rules now in force between China and the Western Powers shall be applicable to all articles upon importation into ■China by Japanese subjects or from Japan, or upon exportation from China by Japanese subjects or to Japan. It is clearly understood that all articles, the importation or exportation of which is not expressly limited or prohibited by the Tariffs and Tariff Rules existing between China and the Western Powers, may be freely imported into and exported from China, subject only to the payment Oi 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 he paid by the subjects or citizens of the most favoured nation; nor shall any article imported into China from Japan or exported from China to Japan, be •charged upon such importation or exportation, other or higher duties than are now •or may hereafter be imposed in China on the like article when imported from or -exported to the nation most favoured in those respects. Art. X.—All articles duly imported into China by Japanese subjects or from Japan shall, while being transported, subject to the existing Regulations, from one -open port to another, be wholly exempt from all taxes, imposts, duties, lekin, charges ■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, lekin, charges and ■exactions of every nature and kind whatsoever, saving only export duties when, exported, upon the payment of a commutation transit tax or duty calculated at the r23 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 j China, and of which export to foreign countries is not prohibited, shall be exempt from all internal taxes, imposts, duties, lelcin, charges and exactions of every | nature and kind whatsoever, saving only export duties upon exportation, and all j articles purchased by Japanese subjects in any part of China, may also, for the i purposes of export abroad, be transported from open port to open port subject to | the existing Eules 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 1 of importation, be re-exported from China by Japanese subjects to any foreign, j country, without the payment of any export duty, and the re-exporters shall, in ; addition, be entitled forthwith to receive from the Chinese Customs drawback certi- j ficates for the amount of import duty paid thereon, provided that the merchandise j remains intact and unchanged in its original packages. Such drawback certificates | shall be immediately redeemable in ready money by the Chinese Customs Authorities- j at the option of the holders thereof. Art. XIY.—The Chinese G-overnment consents to the establishment of Bonded ji 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 | arrival, without -breaking bulk, shall be exempt from the payment of tonnage dues. Japanese vessels having paid the above specified tonnage dues shall thereafter be exempt from all tonnage dues in all the open ports and ports of call of China, for the period of four months from the date of clearance from the port where the pay- ment of such tonnage dues is made. Japanese vessels shall not, however, be required to pay tonnage dues for the period during which they are actually undergoing repairs- i 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 i required to pay other or higher tonnage dues than the vessels and boats of the most ,1 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 : i; 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 j j goods landed in order that repairs to the vessel may be effected, provided the goods- j f so landed remain under the supervision of the Customs authorities. Should any |' such vessel be stranded or wrecked on the coast of China, the Chinese authorities j| 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 port of Japan, she shall likewise be treated in the same way by the Japanese authorities. Art. XVIII.—The Chinese authorities at the several open ports shall adopt such means as they judge most proper to prevent the revenue suffering from fraud or smuggling. Art. XIX.—If any Japanese vessel be plundered by Chinese robbers or pirates, it shall be the duty of the Chinese authorities to use every endeavour to capture and punish the said robbers or pirates and to recover and restore the stolen property. Art. XX.—Jurisdiction over the persons and property of Japanese subjects in China is reserved exclusively to the duly authorized Japanese authorities, who shall hear and determine all cases brought against Japanese subjects or property by Jap- anese subjects or by the subjects or citizens of any other Power, without the interven- tion of the Chinese authorities. Art. XXI.—If the Chinese authorities or a Chinese subject make any charge or complaint of a civil nature against Japanese subjects or in respect of Japanese | property in China, the case shall be heard and decided by the Japanese authorities, i In like manner all charges and complaints of a civil nature brought by Japanese i authorities or subjects in China against Chinese subjects or in respect of Chinese property, shall be heard and determined by the Chinese authorities. Art. XXII.—Japanese subjects, charged with the commission of any crimes or | offences in China, shall be tried and, if found guilty, punished by the Japanese j'v authorities according to the laws of Japan. In like manner Chinese subjects charged with the commission of any crimes or 1’ offences against Japanese subjects in China, shali be tried and, if found guilty, , punished by the Chinese authorities according to the laws of China. Art. XXIII.—Should any Chinese subject fail to discharge debts incurred to a Japanese subject or should he fraudulently abscond, the Chinese authorities will do their utmost to effect his arrest, and enforce recovery of the debts. The Japanese Authorities will likewise do their utmost to bring to justice any Japanese subject who fraudulently absconds or fails to discharge debts incurred by him to a Chinese subject. Art. XXIV.—If Japanese subjects in China who have committed offences or have failed to discharge debts and fraudulently abscond should flee to the interior of China or take refuge in houses occupied by Chinese subjects or on board of Chinese ships the Chinese authorities shall, at the request of the Japanese Consul, deliver them to the Japanese authorities. In like manner if Chinese subjects in China who have committed offences or have failed to discharge debts and fraudulently abscond should take refuge in houses f 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. 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 nowin 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 5 130 TREATY BETWEEN' CHINA AND JAPAN Regulations are brought into actual operation the Arrangements, Rules and Regulations subsisting between China and the Western Powers, so far as they are applicable and not inconsistent with the provisions of this Treaty, shall be binding between the contracting parties. Art. XXYIII.—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 the Treaty, the difference shall be settled by reference to the English text. Art. XXIX.—The present Treaty shall be ratified by His Majesty the Emperor of China and His Majesty the Emperor of Japan, and the ratification thereof shall be exchanged at Peking not later than three months from the present date. In witness whereof the respective Plenipotentiaries have signed the same and have affixed thereto the seal of their arms. Done at Peking this twenty-first day of the seventh month of the twenty- ninth year of Meiji, corresponding to the eleventh day of the sixth month of the twenty-second year of Kuang Hsii (July 21st, 1896). [l.s.] Chang Yin-hoon. „ Hatashi Tadasu. PROTOCOL REGARDING NEW PORTS Made at Peking, 19th October, 1896 Baron Hayashi Tadasu, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Japan, and the Minister of Foreign Affairs of His Majesty the Emperor of China have agreed upon the following stipulations supple- mentary to the Treaty of Commerce and Navigation :— Art. I.—It is hereby agreed that special Japanese settlements shall be formed at the places newly opened to commerce, and that affairs relating to roads and police shall be under the control of the Japanese Consul. Art. II.—Regulations with respect to steamers or ships owned or chartered by Japanese subjects at Suehow, 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 G-overnment of Japan concedes the right of the Chinese (xovem- 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 Grovera- ment shall, when the Japanese Government so desires, immediately provide sites for the formation of special Japanese Settlements in Shanghai, Tientsin, Amoy, and Hankow. Art. IY.—Instructions shall be issued in Sunfu, in Shantung, that no Chinese troops shall approach, or take possession of, any position, within 5 Japanese ri, that is to say, about 40 Chinese li, of the limits of any positions held by Japanese forces in accordance with Treaty stipulations. SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 131 The above Protocol shall be drawn up in the Chinese and Japanese languages and after comparison the two copies shall be signed and sealed, each side taking one of the copies. (Signed) Hayshi Tadasatj. „ Prince King. „ Yin Ltj. „ Chang Yin-whan. Nineteenth day, tenth month, twenty-ninth year of Meiji; thirteenth day, ninth month, twenty-second year of Kuang Hsix. 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 XI. of the Pinal 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, thaA is to say : His Majesty the Emperor of Japan, Hioki Eki, Jugoi, Fifth Class , of the Imperial Order of the Rising Sun, First Secretary of Legation, and Odagiri Masnoske, Shorokui, Fifth Class of the Imperial Order of the Rising Sun, Consul-General; and His Majesty the Emperor of China, Lu 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 fates 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 incurred by the complete abolition of lekiri, 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! )32 SUPPLEMENTAET 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 s population of the provinces of Szechuen, Hunan and Hupeh are involved, it is there- |i 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 I 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. I Art. III.—The Chinese Government agrees that any Japanese steamer capable 1 of navigating the inland waterways, upon reporting at the Imperial Maritime Cus- } toms, may proceed for the purpose of tradu 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. J 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 j 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 and 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, ji 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 f 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. YI.—China agrees to establish itself, as soon as possible, a system of 1 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. YII.—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 SUPPLEMENTARY TREATY JiETWEEN JAPAN AND CHINA 133 resulting in detriment to the trade of Chinese and foreigners, the Governors-General and Governors of all the provinces, after careful inquiry into existing conditions, shall consult together and fix upon uniform standards which, after a Memorial to the Throne for sanction, shall be adopted and used in all transactions by officials and people throughout all the Empire. These standards shall be first used in the places ■opened to foreign trade and gradually extended to inland places. Any differences resulting from divergence between the new weights and measures and those now in vogue shall be equitably settled, whether by way of increase or decrease, according to the amount of such difference. Art. VIII.—The Regulations for Steam Navigation Inland of the fifth moon of the twenty-fourth year of KuangHsu and the Supplementary Rules of the seventh moon of the same year, having been found in some respects inconvenient in working, the Chinese Government hereby agrees to amend them, and to annex such new Rules to this Treaty. These Rules shall remain in force until altered by mutual consent. Art. IX.—The provisions of all Treaties and engagements now subsisting between Japan and China, in so far as they are not modified or repealed by this Act, are hereby 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 <3hina 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 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 present date. In witness whereof the respective Plenipotentiaries have signed the 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 1 Meiji, corresponding to the eighteenth day of the eighth moon of the twenty-ninth : year of Kuaug Hsu. [l.s.] Hioki Eki. „ Odagibi Masnoske. ! (Signed) Ltr Hai-httan. „ Sheng Hstjan-hoai^ „ Wtr T‘ing-fang. Annex 1 INLAND WATERS STEAM NAVIGATION Additional Rules 1. —Japanese steamship owners are at liberty to the banks of waterways from Chinese subjects for a term not exceeding twenty-five years, with option of renewal on terms to be mutually arranged. In cases where ; Japanese merchants are unable to secure warehouses and jetties from Chinese ;| subjects on satisfactory terms, the local officials, after consultation with the Governor j| or Governor-General or Minister of Commerce, shall arrange to provide these on ! renewable lease, as above mentioned, at current equitable rates. 2. —Jetties shall only be erected in such position the inland waterway or interfere with navigation, and with the sanction of the nearest Commissioner of Customs; such sanction, however, shall not be arbitrarily I withheld. 3. —Japanese merchants shall pay taxes and cont and jetties on the same footing as Chinese proprietors of similar properties in the | neighbourhood. Japanese merchants may only employ Chinese agents and staff to- reside in warehouses so leased at places touched at by steamers engaged in inland r 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 Chinese subjects shall not by reason of this clause be diminished or interfered with in any way. 4. —Steam vessels navigating the inland waterwa for loss caused to riparian proprietors by damage which they may do to the banks or works on them, and for the loss which may be caused by such damage. In the event of China desiring to prohibit the use of some particular shallow J waterway by launches, because there is reason to fear that the use of it by them I would be likely to injure the banks and cause damage to the adjoining country, the I 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 launches are prohibited from crossing dams and weirs at present in existence on J 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 Governmen 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 Japanese steamer which may now or hereafter be employed on the inland waters of China, should the owner be willing to make the transfer. In the event of a Chinese ! company registered under Chinese law being formed to run steamers on the inland waters of China, the fact of Japanese subjects holding shares in such a company shall not entitle the steamer to fly the Japanese flag. 6. —Registered steamers and their tows are forbidden, just as junks hav been forbidden, to carry contraband goods. Infraction of this rule will entail the penalties prescribed in the Treaties for such an offence and cancellation of the Inland ; Waters Navigation Certificate carried by the vessels, which will be prohibited from thereafter plying on inland waters. 7. —As it is desirable that the people living inland should be disturbed as 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 1 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 i ■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 ; 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 1 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. 9. —Any cargo and passenger boats may be towed by steamers. The .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 Rules are supplementary to the Regulations publi .fifth and seventh moons of the twenty-fourth year of Kuang Hsvi, which remain in ;p 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 Meiii, corresponding to the eighteenth day of the eighth moon of the twenty-Einth year of Kuang Hsu. [l.s.] Hioki Eki. „ Odagiri Masnoske. (Signed) Ltr Hai-huan. „ SHENG HsUAN-ntTAI. „ Wn T‘xng-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, mpon 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 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 this despatch to Your Excellencies, and to request that instructions be sent to the 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. „ Odaoiei Masnoske. Annex 3 Imperial Chinese Commissioners for Treaty Revision to Imperial Japanese: 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- 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 present Treaty, all classes of Japanese steamers, whatever their size, provided they are capable of navigating the Inland Waterways, may on complying with the Regulations receive an Inland Waters Certificate, and ply to and from inland places, and that the Chinese Government will in no case raise difficulties and stop them. During the negotiations of this Article, we received a list from your Excellencies of the Japanese steamers, viz.:—Sanyo Maru, Setagawa Maru, Hiuga Maru, Urato Maru, Neisei Maru, Heian Maru, Taiko Maru, Yoshino Maru, Meiko Maru, Fukuju Maru, Hijikawa Maru, Nagata Maru, Kyodo Maru, Horai Maru, Kwanko Maru, Keiko Maru, Kinriu Maru, Zensho Maru and Kohei Maru, ranging from one hundred and twenty-one tons to four hundred and ten tons register—plying from Chefoo to inland places in Manchuria, under Inland Waters Certificate and in accordance with 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 inquiries into the records of the Custom-houses, and he reported that the circum- 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, of Customs to take these circumstances into consideration and to act accordingly, and 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 T'ing-fang. SUPPLEMENTAEY TREATY BETWEEN JAPAN AND CHINA 187 Annex 4 Imperial 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 governing steam navigation on Inland Waters, published in the seventh moon of the twenty-fourth year of Kuang Hsii, regarding the appointment of an officer to collect dues 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 Hsii. 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 Hsu, 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. „ Wit 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 Hsii. 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 i« 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 Inner City, convenient to both parties and free from objections, shall be selected and set apart as a place where merchants of all nationalities may reside and carry on trade.. Within the limits of this place merchants of all nationalities shall be at liberty to lease land, build houses and warehouses, and establish places of business; but as to the leasing of houses and land belonging to Chinese private individuals there must 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 are to observe 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 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- sation therefor shall be paid. The period for such removal shall be determined in 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 Hai-huan. „ Shbng Hsuan-huai. „ Wu T‘ing-fang. Annex 7 Imperial Japanese Commissioners for Treaty Revision to Imperial Chinesb Commissioners for Treaty Revision Shanghai, the 8th Day of the 10th Month of the 36th Year of Meiji. Q-entlemen,—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. 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 R by Articles V. and VI. of the Treaty of Peace between Japan and Russia. II. —The Japanese Government agrees to observe as much as possible ing Treaties in regard to the lease of land for the construction of railways, which have been concluded between China and Russia. In case of any question arising in future, the Japanese Government will consult with the Chinese Government before settlement. III. —This present Treaty will take effect from the date of signing, a ratified by his Imperial Japanese Majesty and his Imperial Chinese Majesty, and ratifications will be exchanged in Peking as early as possible within two months from the date of signing. In witness whereof the Plenipotentiaries of the two contracting parties have signed and affixed their respective seals on the Treaty done in duplicate in Japanese and Chinese. Done at Peking, 22nd December, 1905. Komura Jutaro, Minister for Foreign Affairs, Special Ambassador; Uchida Kosai, Minister Plenipotentiary; Prince Ching, Minister Plenipotentiary; Ku 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. Heilunkiang 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 ment of any locality in Manchuria which is evacuated by the Japanese troops, and 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, the Chinese local authorities may send troops to arrest the bandits, but Chinese troops 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 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 troops. 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 measu the tombs of the Japanese soldiers killed in battle in Manchuria, and the monuments erected in commemoration of their loyalty. VI. —The Chinese Government agrees to the m between Antongcheng and 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 from the date on which the transformation of the line is completed. Upon the expiry of 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 the 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 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 e railways in South Manchuria from all duties and lelcin. IX. —At Yingkow (Newchwang), which is already 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 l 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 agree! that the area of land where the business will be carried on, the terra 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 Ma according to most-favoured-nation principle will be extended to each contracting party. XII. —The Governments of the two contracting pa 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. SINO-JAPANESE TREATY RELATING TO SHANTUNG Ratified in Tokyo on June 8th, 1915 Treaty Respecting 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 Far 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. 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-Oheng-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-il-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. Eki Hioki, Etc., etc., etc. Lu Cheng-hsiang, Etc., etc., etc- 142 SINO-JAPANESE TREATY RELATING TO SHANTUNG Exchange op Notes The following Notes dealing with the Shantung Treaty were exchanged:— Monsieur le Ministre:— Peking, May 25th, 1915. In the name of the Chinese Gi-ovemment, 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 of 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.I.J.M.’s Envoy Extraordinary and Minister Plenipotentiary. Monsieur le MinistrePeking, 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 any 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. Lit 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., Lit Cheng-hsiang, His Excellency Minister of Foreign Affairs of Mr. Eki Hioki, the Republic of China. H.I.JM.’s Envoy Extraordinary and Minister Plenipotentiary. SfflO-JAPANESE TREATY RESPECTING SOUTH MANCHURIA, ETC. 14

Monsieur le Ministre :— Peking, May 25th, 1915.

, J have the honour to acknowledge the receipt of your Excellency’s note of to-day’s

date, in which you state that the cities and towns to be opened in accordance with

the stipulation of Art. III. of the Treaty respecting Shantung Province, sighed 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.

In reply I beg to state that I have taken note of the same.

I avail, etc., etc.,

Eki Hioki,

His Excelkncy H.I.J.M.’s Envoy Extraordinary

Mr. Lu Cheng-hsiang, and Minister Plenipotentiary.

Minister of Foreign Affairs

of the Republic of China.

SING-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 lease

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—oommercial, industrial

and otherwise.

Art. IV.—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 SIXO-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, and 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. VI.—The Government of China engage to open of their own accord, as earl J

as possible, suitable cities and towns in Eastern Inner Mongolia for the residenc®

Art. 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.

Hone at Peking the 25th day of the 5th month of the 4th year of Taisho,

eorresponding 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.

Lu Chkng-hsianq,

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 Banihara, 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

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

mf 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 arrange 1 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

Railway properties mentioned in the preceding Article.

The actual value to be so reimbursed shall consist of the sum of fifty-three

million, four hundred and six thousand, one hundred and forty-one (53,406,141)

gold marks (which is the assessed value of such portion of the said properties as

was left behind by the Germans), or its equivalent, plus the amount which Japan,

during her administration of the Railway, has actually expended for permanent

improvements on or additions to the said properties, less a suitable allowance for

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-

preciation.

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 Notes 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. XXL—The concessions relating to the two extensions of the Tsiugtao-

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 Chinlingchen, 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

Ootnmission provided for in Articie 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 the-

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. XXIY.—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. XXY.—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. XXYI.—The Government of Japan declares that all the rights, title and

privileges concerning the former German submarine cables between Tsingtao and

Ohefoo 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

Tsinstao-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. XXYII.—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, respectively.

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 as

possible, and not later than four months from the date of its signature.

TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG 149“

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 City 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 riffht with

respect to foreign assistance in persons, capital and material stipulated in the

Treaty of March 6th, 1898, between China and Germany.

II. —T

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 to 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. —

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 tho Government of Japan and the

Government of the Chinese Republic for discussion and adjustment by means of

diplomacy.

,150 TREATY 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 pr

' 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 prov

XI. of the Treaty, no Japanese military force of any kind will remain in any part

of Shantung.

Tsingtao-Tsinanfu Bailway

III. —All light railways constructed by Japan in

appurtenant thereto shall be considered as part of the properties of Tsingtao-

Tsinanfu Railway.

IV. —The telegraph lines along the Railway shall al

the Railway properties.

V. —The Chinese authorities, upon taking over the R

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-

YI.—The entire subordinate staff of the Japanese Traffic Manager and the

Japanese Chief Accountant of the Railway is to be 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

subjects as members of the subordinate staff above mentioned.

VIII. —The redemption of the Treasury Notes under A

Treaty will not be effected with funds raised from any source other than Chinese.

IX. —The Chinese Government will ask the Japanese Gov

information as maybe useful in making the selection of the Japanese Traffic

Accountant of the Railway.

X. —All questions relating to the existing contracts or commit

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

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 form

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 form

Territory of Kiaochow shall be withdrawn simultaneously with the transfer of the

Claims

XIV. —The omission of any reference in the Treaty to the

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

list of such claims, together with all available evidence in support of each clainn

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 respons

which may have been directly caused by the military operations of Japan during

the late war.

Washington, D.C., Feburuary 4th, 1922.

AND ELEVEN POWERS, 1901

[Translation]

The Plenipotentiaries of Germany, Monsieur A. Mumm von Schwartzensteini

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-

Ffing, 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-k&o, 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.

Yu Hsien, Governor of Shansi; Ch’i Hsiu, President of the Board of Rites; and

Hsu Ch’eng-yu, 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.

FINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1301 153

Imperial Edict of February 13th, 1901 (Annex No. 7), rehabilitated the

memories of Hsu Yung-yi, President of the Board of War; Li Shan, President of

the Board of Works; Hsu Ching-ch’eng, Senior Vice-President of the Board of Civil

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, Yfi-Hsien was executed on the 22nd, Ch’i-Hsiu and Hsu

Ch’Sng-yii on the 26th, Tung Fu-hsiang, General in Kansu, has been deprived of

his office by Imperial Edict of the 13 th of February, 1901, pending the determination

pf 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 wherer

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. IV.—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 Legations

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 iu 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 FINAL 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. 1

13). Capital and interest shall be payable in gold or at the rates of j

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 j

at the end of the year 1940. The amortizations are payable annually,

the first payment being fixed on the first of January, 1908.

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.

(6) 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 hankers

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 PEOTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901 155

Pending the result of the work of conversion, duties shall be levied

(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

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 iu 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, Yaag-ts’un, Tientsin, Chiin-liang-Ch’ing, 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

156 FINAL PEOTOCOL 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,

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 iudicated 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 Mumm.

„ M. CziKANN.

„ JoOSTENS.

„ B. J. DE COLOGAN.

„ W. W. Rockhill.

„ Beau.

„ Ernest Satow.

„ Salvago Raggi.

„ JUTARO KoMURA.

„ F. M. Knobel.

„ M. DE Giers.

„ Yi K’uang.

„ Li Hung-chang.

Certified copy.

(Signed) A. d’Anthouard.

„ B. Kroupenskt.

„ Reginald Tower.

„ Von Bohlenund Halback.

GERMANY

TREATY OE PEACE BETWEEN CHINA AND GERMANY

Ratified and Signed at Peking on the 1st July, 1921

The Grovernment of the Republic of China and the Government of the Republic

of Germany, animated by the desire to reestablish the relations of friendship and

commerce 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 of

•reciprocity is the only means to maintain good understanding between the peoples,

shave named, for this purpose, as their Plenipotentiaries, that is to say :

The Government of the Republic of China, W. W. Yen, Minister of Foreign

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

rtreated with the consideration and regard that are accorded to the agents of the same

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. Y.—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. YII.—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 OF PEACE BETWEEN CHINA AND GERMANY

Declaration

The undersigned, being the duly authorized representative of the G-overmnent

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 134 (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

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

tlie 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 oa

the internment of German militaries in various camps of internment in China is

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

Tin securing admission to schools or acquiring practical experience.

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

daw and the provisions of the laws of China, provided that the German Government

will treat the Chinese residents iu 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

Pteking and Hankow will, however, be returned to the original owner in accordance

with the procedure stated above.

(Signed) W. W. Yen.

RUSSIA

RUSSO-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 Mikhailoviteh !'

Karakhan; His Excellency the President of the Republic of China: Chengting

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 ere- :i

established.

The Government of the Republic of China agrees to take the necessary steps. J

to transfer to the Government of the Union of Soviet Socialist Republics the |j|

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 I,

conclude and carry out detailed arrangements relative to the questions in accord- |i

ance with the principles as provided in the following Articles.

Such detailed arrangements shall be completed as soon as possible and, in any ji

ease, 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 j

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

Government 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

that Outer Mongolia is an integral part of the Republic of China and respects

China’s sovereignty therein.

The Government of the Union of Soviet Socialist Republics declares that as

soon as the conditions for the withdrawal of all the troops of the Union of Soviet

Socialist Republics from Outer Mongolia—namely, as to the time-limit of the with-

drawal 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 II. 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'

(2) The Government of the Union of Soviet Socialist Republics agrees to-

the redemption by the Government of the Republic of China, with Chinese

capital, 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 9thr

1917.

6

162 RUSSO-CHINESE AGREEMENT

(5) The Governments of the two Contracting Parties mutually agree

that the future of the Chinese Eastern Railway 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 Tsarist 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. XIY.—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 Karakhan.

Chingting Thomas Wang.

KOREA

TREATY 01' ANNEXATION TO JAPAN

Concluded 29th August, 1910

DECLARATION

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 Pow

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 foreiarn Consular Courts in Korea at tbe time the Treaty of Annexation

takes effect shall remain in such Courts until final decision.

2. —Independently of any conventional engagements formerly

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

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

G!

164 TEEATT OP ANNEXATION TO JAPAN

4.—The existing open ports of Korea, with the excaption of Masampo, will he

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, Viscount Masakata

Terauchi, His Resident General; and His Majesty the Emperor of Korea, Te 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 an

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 conce

preceding Article and consents to the complete annexation of Korea to the Empire

of Japan.

III. —His Majesty the Emperor of Japan will accor

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 accord

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 p

grants upon those Koreans who bn 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 circum

the public service of Japan in Korea those Koreans who accept the new regime 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.

BEGULATIONS 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 holid

^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 are consigned. The master shall

certify that this description is correct, and shall sign his name to the same. When

a vessel has been duly entered, the Customs authorities will issue a permit to open

hatches, which shall be exhibited to the Customs officer on board. Breaking bulk

without having obtained such permission will render the master liable to a fine not

■exceeding one hundred Mexican Dollars.

2. —If any error is discovered in the manifest, it may be corrected

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 Korea

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 fo

(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

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

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

required to hand in a manifest except for such goods as are to be landed or transhipped

at the port of entry.

166 REGULATIONS FOR BRITISH TRADE WITH KOREA

II.—Landing and Shipping Cargo and Payment of Duties

1. —The importer of any goods who desires to land the

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 Cus

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

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 importa

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

house before they are shipped. The application to ship shall be made in writing, and

shall state the name of the vessel by which the goods are to be exported, the marks

and number of the packages, and the quantity, description, and value of the contents.

The exporter shall certify in writing that the application gives a true account of all

the goods contained therein, and shall sign his name thereto.

6. —No goods shall be landed or shipped at other places 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 be

entitled to reasonable fees for the extra duty thus performed.

7. —Claims by importers or exporters for duties paid in exc

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 f

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

payment of duty. All goods so landed shall remain in charge of the Korean Autho-

rities, and all just charges for storage, labour, and supervision shall be paid by the

master. But if any portion of such cargo be sold, the duties of the Tariff shall be

paid on the portion so disposed of.

REGULATIONS FOR BRITISH TRADE WITH KOREA 167

10.—Any person desiring to tranship cargo shall obtain a permit from the Customs

authorities before doing so.

III.—Protection of the Revenue

1. —The Customs authorities shall have the right to place Customs

. board any British merchant vessel in their ports. All such Customs officers shall have

access to all parts of the ship in which cargo is stowed. They shall be treated with

■civility, and such reasonable accommodation shall be allowed to them as the ship affords.

2. —The hatches and all other places of entrance into that part of the

cargo is stowed may be secured by the Korean Customs officers between the hours of

sunset 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 packages containing goods different from those described

in the import or export permit application, or prohibited goods, shall forfeit twice

the value of such goods, and the goods shall be confiscated.

4. —Any person signing a false declaration or certificate with the inte

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

specially attached therein, may be punished by a fine not exceeding One Hundred

Mexican Dollars.

Note.—All documents required by these Regulations, and all other communications

addressed to the Korean Customs authorities, may be written in the English language.

[l.s.] Harry S. Parkes.

„ Min Yong-mok.

KOREAN TARIFF

The Import Tariff has been indentical with that of Japan proper since August

29th, 1920, except as regards the table given below.

The Export Tariff, also, is indentical with that of Japan proper, that is to sayr

goods are exported free.

IMPORTS

Article. Rate of Duty.

Horses (living) Free

Sheep (living)

Salt:

Obtained by spontaneous evaporation

(unground) 100 kin 0.10

Mineral Oils coming under B 2, No. 112,

Import Tariff annexed to the Customs

Tariff Law 10 American gallons 0.19

Free

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 Toleyo, 25th August, 1894

Her Majesty tlie Queen of tlie United Kingdom of Great" Britain and Ireland,

Empress of India, and His Majesty the Emperor of Japan, being equally desirous

of maintaining the relations of good understanding which happily exist between

them, by extending and increasing the intercourse between their respective States,

and being convinced that this object cannot better be accomplished than by revising

the Treaties hitherto existing between the two countries, have resolved to complete

such a revision, based upon principles of equity and mutual benefit, and, for that

purpose, have named as their Plenipotentiaries, that is to say :—

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland,

Empress of India, the 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

persons and property.

They shall have free and easy access to the Courts of Justice in pursuit and

defence of their rights; they shall be at liberty equally with native subjects to

choose and employ lawyers, advocates, and representatives to pursue and defend

their rights before such Courts, and in all other matters connected with the

administration of justice they shall enjoy all the rights and privileges enjoyed by

native subjects.

In whatever relates to rights of residence and travel; to the possession of goods

and effects of any kind; to the succession to personal estate, by will or otherwise,

and the disposal of property of any sort in any manner whatsoever which they may

lawfully acquire, the subjects of each contracting party shall enjoy in the dominions

and possessions of the other the same privileges, 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

enjoy the right of private or public exercise of their worship, and also the right of

burying their respective countrymen, according to their religious customs, in such

suitable and convenient places as may be established and maintained for that purpose.

They shall not be compelled, under any pretext whatsoever, to pay any charges

or taxes other or high than those that are, or may be, paid by native subjects, or

subjects or citizens of most favoured nation.

170 TREATY 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 l|

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 I

produce, manufactures, and merchandise of lawful commerce, either in person or by j

agents, singly, or in partnership with foreigner’s or native subjects: and they may

there own or hire and occupy the houses, manufactories, warehouses, shops, and j.

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 IY. — The dwellings, manufactories, warehouses, and shops of the

subjects of each of the high contracting parties in the dominions and possessions

o£ the other, and all premises appertaining thereto destined for purposes of residence 11

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 jr

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 .e

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 j

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 3

of Her Britannic Majesty, from whatever place arriving than on the like article a

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 r

manufacture of the dominions and possessions of either of the high contracting [3

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 3

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 n

safety of persons, or of cattle, or of plants useful to agriculture.

Article YI.—No other or higher duties or charges shall be imposed in the a

d.ominions 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 u

country; nor shall any prohibition be imposed on the exportation of any article from 1

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

TREATY BETWEEN GREAT BRITAIN AND JAPAN 171

in the dominions and possessions of the other exemptions from all transit duties

and a perfect equality of treatment with native subjects in all that relates to

“ warehousing, bounties, facilities, and drawbacks.

Article VIII.—All articles which are or may be legally imported into the ports

| of the dominions and possessions of His Majesty the Emperor of Japan in Japanese

vessels may likewise be imported into those ports in British vessels, without being

liable to any other or higher duties or charges of whatever denomination than if such

«!' articles were imported in Japanese vessels; and, reciprocally, all articles which are or

may be legally imported into the ports of the dominions and possessions of Her

;| Britannic Majesty in British vessels may likewise be imported into those ports in

Japanese vesssels, without being liable to any other or higher duties or charges of

J whatever denomination than if such articles were imported in British vessels. Such

id'I reciprocal equality of treatment shall take effect without distinction, whether such

articles come directly from the place of origin or from any other places.

In the same manner there shall be perfect equality of treatment in regard to

i-i h exportation, so that the same export duties shall be paid and the same bounties and

l! drawbacks allowed in the dominions and possessions of either of the high contract-

i ;i 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

f. 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,

its ' or other similar or corresponding duties of whatever nature or under whatever

e1 f; 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

ns ; 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

la, ! respective vessels, from whatever port or place they may arrive, and whatever may

- be their place of destination.

i in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and

i’ possessions of the two countries, no privilege shall be granted to national vessels

a: which shall not be equally granted to vessels of the other country; the intention of

,i the high contracting parties being that in this respect also the respective vessels

i shall be treated on the footing of perfect equality.

Article XI.—The coasting trade of both the high contracting parties is

i; excepted from the provisions of the present Treaty, and shall be regulated according

i| to the Laws, Ordinances, and Begulations of Japan and of Great Britain respec-

i tively. It is, however, understood tfiat Japanese subjects in the dominions and

i! 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

i,: 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

ii 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

tit ; 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

I of destination where foreign trade is permitted, for the purpose of landing the

11 remainder of her original cargo there, subject always to the Laws and Custom-

i house Regulations of the two countries.

The Japanese Government, however, agrees to allow British vessels to continue,

i 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-G-eneral, 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-G-eneral, Consul, Vice-Consul, or Consular Agent of the nearest district.

All proceedings relative to the salvage of Japanese vessels wrecked or cast on

shore in the territorial waters of Her Britannic Majesty shall take place in accordance

with the Laws, Ordinances, and Regulations of Great Britain, and, reciprocally, all*

measures of salvage relative to British vessels wrecked or cast on shore in the

territorial waters of His Majesty the Emperor of Japan shall take place in accordance-

with the Laws, Ordinances, and Regulations of Japan.

Such stranded or wrecked ship or vessel, and all parts thereof, and all furniture,

and appurtenances belonging thereunto, and all goods and merchandise saved

therefrom, including those which may have been cast into the sea, or the proceeds-

thereof, if sold, as well as all papers found on board such stranded or wrecked ship

or vessel, shall be given up to the owners or their agents, when claimed by them.

If such owners or agents are not on the spot, the same shall be delivered to the

respective Cousuls-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 XVI.—Each of the high contracting parties may appoint Consul--

General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents in all the ports,

cities, 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

parties without being made likewise in regard to eveiy other Power.

The Consuls-General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents

may exercise all functions, and shall enjoy all privileges, exemptions, and immunities

which are or may hereafter be granted to Consular officers of the most favoured nation.

Article XVII.—The subjects of each of the high contracting parties shall

enjoy in the dominions and possessions of the other the same protection as native

subjects in regard to patents, trade marks, and designs, upon fulfilment of the

formalities prescribed by law.

* Article XVIII.—Her Britannic Majesty’s Government, so far as they are

concerned, give their consent to the following arrangement:—

The several foreign Settlements in Japan shall be incorporated with the

respective Japanese Communes, and shall thenceforth form part of the general

municipal system of Japan.

The competent Japanese authorities shall thereupon assume all municipal obliga-

tions and duties in respect thereof, and the common funds and property, if any, be-

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 Japanese Government

free of rent for the public purposes of the said Settlements shall, subject to the

right of eminent domain, be permanently reserved free of all taxes and charges for

the public purposes for which they were originally set apart.

Article XIX.—The stipulations of the present Treaty shall be applicable, so

far as the laws permit, to all the Colonies and foreign possessions of Her Britannic

Majesty, excepting to those hereinafter named, that is to say, except to—

India. South Australia. Queensland. Hew SouthWales.

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

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Germany of thewhich

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conditions whatsoever,

recorded otherdisagreement

his entire than those expressly

with the stipulated

decision. in

t On January 31st, 1906, an agreement

this Treaty applicable to the Dominion of Canada. was signed in Tokyo making the Stipulations of

174 TREATY BETWEEN GREAT BRITAIN AND 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

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 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.

Bone at London, in duplicate, this sixteenth day of the seventh month of the

twenty-seventh year of Meiji.

[l.s.] Kimberley.

„ 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, beins? 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 beverage's, indecent or

obscene prints, paintings, books, cards, lithographic or other engravings, photographs,

of 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.

TREATY BETWEEN GREAT BRITAIN AND JAPAN 175

The ad valorem duties established by the said Tariff shall, so far as may be

deemed practicable, be converted into specific duties by a supplementary Convention,

which shall be concluded between the two Governments within six months from the

date of this Protocol; the medium prices, as shown by the Japanese Customs

Seturns during the six calendar months preceding the date of the present Protocol,

with the addition of the cost of insurance and transportation from the place of

purchase, production or fabrication, to the port of discharge, as well as commission,

if any, shall be taken as the basis for such conversion. In the event of the

Supplementary Convention not having come into force at the expiration of the period

for the said Tariff to take effect, ad valorem duties in conformity with the rule

recited at the end of the said Tariff shall, in the meantime, be levied.

In respect of articles not enumerated in the said Tariff, the General Statutory

Tariff of Japan for the time being in force shall, from the same time, apply, subject,

as aforesaid, to the provisions of Article XXIII. of the Treaty of 1858 and Articles

Y. and XV. of the Treaty signed this day, respectively.

From the date the Tariffs aforesaid take effect, the Import tariff now in opera-

tion in Japan in respect of goods and merchandise imported into Japan by British

subjects shall cease to be binding.

In all other respects the stipulations of the existing Treaties and Conventions ■

shall be maintained unconditionally until the time when the Treaty of Commerce

and Navigation signed this day comes into force.

2. —The Japanese Government, pending the opening of the co

subjects, agrees to extend the existing passport system in such a manner as to allow

British subjects, on the production of a certificate of recommendation from the

British Representative in Tokyo, or from any of Her Majesty’s Consuls at the open

ports in Japan, to obtain upon application passports available for any part of the

country, and for any period not exceeding twelve months, from the Imperial Japanese

Foreign Ofiice in Tokyo, or from the chief authorities in the Prefecture in which an

open port is situated ; it being understood that the existing Rules and Regulations

governing British subjects who visit the interior of the Empire are to be maintained.

3. —The Japanese Government undertakes, before the cessat

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

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 Pro

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 with

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