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B KOREA
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WEI-HAI-WEI Foo WeiCo. MANILA (P.I.).-The Pacific Commercial Co.
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COKE
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YAO HUA WINDOW GLASS.
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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" ANI>
“THE HONGKONG DIRECTORY AND HONG LIST FOR THE FAR EAST”
FOR THE YEAR
SIXTY-SIXTH YEAR OF PUBLICATION
THE HONGKONG DAILY PEESS, LTD.
11, ICE HOUSE ST., HONGKONG, & 21, BRIDE LANE, FLEET ST., LONDON, E.C. 4.
MDCCCCXXVIII.
A
INDEX DIRECTORY
Page Page Page
Alphabetical List Chin a —Cont inued Ja pan—Continued
Foreign Residents ... 1301 Southern Ports—Cowi. Moji 467
Annam 998 Hokow... 849 Nagasaki 469
Kongmoon 831 Osaka 447
Annam, Provinces du 1001
Kuliang 797 Shimonoseki 467
Hue 998 Tokyo
Quinhon ..: ••• 1002 Nanning 837 430
Ningpo... ... 790 Yokohama 439
Tourane 1001 840
Pakhoi... Macao
Borneo 1258 Samshui 833 Macao 966
Brunei 1274 Santuao
Jesselton (see N. Borneo) Malay States
Swatow ^Federated & Unfederated)
Kudat {see N. Borneo)
Labuan 1272
Wenchow
Wuchow
793
835 Ipoh {seePerak)
Lahad Datu {see N. Borneo) Johore ... 1151
Yangtsze Ports Kedah H64
North Borneo, State of, 1264
Changsha 779 Kelantan 1158
Sandakan {see N. Borneo)
Sarawak 1258
Chinkiang
Chungking
750
784
Klang
K. Lumpur
(see (see
Selangor)
Selangor)
Tawao {see N. Borneo)
China 491
Hankow
Tchang 782
759 Kuantan (see
Pahang)
Malay States (Fed.) ... 1102
Central Ports Kiukiang 757 Malay States (Unfed.) 1150
Shanghai 619 Nanking 752 Negri Sembilan ... 1140
Soochow 748 Shasi 777 Pahang ... ... 1147
Frontier Ports Wuhu 755 Perak 1109
Yochow 776 Perlis H68
Kouang-tcheou-wan... 838
Kowloon Frontier ... 830 Chosen (Corea) 481 Pt.Dickson(seeN. Sembilan)
Lappa 831 Chemulpo 486 „ Swettenham(seeSelangor)
Lungchow 844 Chinnampo 489 Selangor 1123
Mengtsz 846 Fusan 488 Seremban(se Kunsan 490 Taiping(see Perak)
Szemao
Tengyueh
850
849 Masampo
Mokno...
489
489
Teluk Anson (see
Perak)
Yunnanfu 846 Trengganu 1162
Seoul ... 483 Naval Squadrons
Northern Ports Song-jin 490
Antung 592 Naval Squadron, Brit. 1276
Wonsan 487 Naval Squadron, Jap. 1294
Changchun 588 Cochin-China 1006
Chefoo 600 Naval Squadron, U.S. 1284
Cambodge 1025 Netherlands India 1169
Chinwangtao 571 Cholon... 1024
Dairen 594 Batavia 1187
Saigon 1007 Buitenzorg 1188
Harbin... 582
Eastern Siberia 423 Macassar 1206
Hunchun 590
Kiaochau 611 Nicolaevsk i..
Vladivostock
... 425
424
Medan
Padang
(see
Sumatra)
1203
Kirin 589
Lungchingtsun ... 589 Formosa 473 Semarang 1200
Lungkow 606 Daitotei (Twatutia)... 476 Sourabaya 1195
Manchurian Trade C. 577 Keelung 478 Sumatra, EastCoastof, 1208
Mukden ... ... 577 Tainan,Takao&Anping, 478 Philippine Islands 1221
Newchwang ... ... 572 Taihoku (Taipeh) ... 476 Baguio 1233
Peiteiho 571 Tamsui.. 475 Cebu ... ... ... 1251
Peking 509 Hongkong 852 Iloilo 1248
Port Arthur 591 Classified List ... 951 Manila 1231
Taku 569 Ladies’List ... ... 959 Zamboanga 1255
Tientsin ... ... 531 Peak Residents ... 962 Siam 1027
Tsingtao 611 Indo-China 979 Bangkok 1028
Tsinan 616 Haiphong 987 Steamers
Wei-hai-wei 608 Hanoi ... 980 Coasting 1296
Southern Ports Tonkin 980 Straits Settlements
Amoy ,... 802 Tonkin, Pro vs. du ... 992 1042
Canton 814 Japan 426 Malacca 1095
Foochow ... ... 796 Hakodate ... ... 445 Penang ... 1079
Hangchow 787 Kobe ... 451 Prov. Wellesley (seePenang)
Hoihow (in Hainan)... 842 Kyoto ... ... ... 450 Singapore 1047
INDEX, DIRECTORY
A Page
Kedah ...
K Page
1164
P—Cont.
Port Arthur ...
Page
Alphabetical List of ... 591
Foreign Residents... 1301 Keelung ... ... 478 Pt. Dickson (see N. Sembilan
Amoy 802 Kelantan 1158 „ Swettenham(seeSelangor)
Annam... 998 Kiukiang 757 Prov. Wellesley (see Penang)
Annam, Provinces du 1001 Kiaochau 611 Q
Anping 478 Kirin 589
Antung 592 Klang (see
Selangor)
Quinhon
S
1002
B Kobe ... 451
1233 Kongmoon ... ... 831 Saigon 1007
Baguio
Bangkok 1028 Kouang-tcheou-wan... 838 Samshui 833
Batavia 1187 Kowloon Frontier ... 830 Sandakan (see N. Borneo)
Borneo 1258 Kuala Lumpur(see Selangor) Santuao 795
(see(see
1274 Kuantan Pahang) Sarawak 1258
Brunei
Buitenzorg 1188 Kudat N. Borneo) Selangor 1123
Kuliang 797 Semarang 1200
C Seoul 483
1025 Kunsan 490
Cambodge Kyoto ... ... ... 4E0 Seremban (see N. Sembilan)
Canton 814 Shanghai 619
Cebu 1251 L
Labuan 1272 Shasi 777
Changchun
Changsha
588
799 Lahad Datu
Lappa
(see N.
Borneo)
831
Shimonoseki
Siam
467
1027
Chefoo 600 Singapore 1047
Chemulpo 486 Lungchingtsun ... 589
LungchoW ... 844 Sourabaya 1195
China 491 Song-jin 490
Chinkiang 750 Lungkow 606
M
Soochow 748
Chinnampo 489 Steamers, Coasting ... 1296
Chinwangtao 571 Macao 966 Straits Settlements ... 1042
Cholon 1024 Macassar 1206
Sumatra 1208
Chosen (Corea) 481 Malacca 1095 Swatow 808
Chungking 784 Malay States (Fed.)... 1102
Szemao... 850
Cochin China 1006 Malay States (Unfed.) 1150
Manchurian Trade C. 577 T
D
Dairen 594 Manila 1231 Taihoku (Taipeh) ... 476
476 Masampo 489 Tainan 478
Daitotei (Twatutia)...
E Medan
Mengtsz
(see
Sumatra)
846
Taiping (see Perak)
Takao 478
Eastern Siberia 423
F Moii 467 Taku 569
Foochow 796 Mokpo... 489 Tamsui 475
Formosa 473 Mukden 577 Tawao (see N. Borneo)
Fusan 488 N Teluk Anson (see Perak)
M Nagasaki ... ... 469 Tengyueh 849
Nanking ... ... 752 Tientsin 531
Haiphong 987 Tokyo 430
Hakodate 445 Nanning 837
Naval Squadron, Brit. 1276 Tonkin 980
Hangchow 787 Tonkin, Provinces du 992
Hankow 759 Naval Squadron, Jap. 1294
Naval Squadron, U.S. 1284 Tourane ... ... 1001
Hanoi 980 Trengganu 1162
Harbin 582 Negri Sembilan ... 1140
Netherlands India ... 1169 Tsingtao 611
Hoihow (in Hainan)... 842 Tsinan 616
Hokow 849 Newchwang 572
Hongkong 852 Nicolaevsk 425 V
Hongkong Ladies’ List 959 Ningpo 790 Vladivostock 424
H’kong. Peak Resdts. 962 North Borneo, State of 1264 W
Hud 998 O
Osaka 447 Wei-hai-wei 608
Hunchun 590 Wenchow 793
P Wonsan 487
Ichang 782 Padang 1203 Wuchow 835
Pahang 1147 Wuhu ... 755
Iloilo 1248
Indo-China 979 Pakhoi 840 Y
Ipoh (see Perak) Peiteiho
Peking
... ... 571
509 Yochow 776
J Penang 1079 Yokohama 439
Japan 426 Perak 1109 Yunnanfu 846
Jesselton
Johore
(see
B. N. Borneo)
1151
Perlis 1168 Z
Philippine Islands ... 1221 Zamboanga 1255
A*
INDEX
TREATIES, CODES AND GENERAL
PAGE PAGE
Advertisers, Index to .xix, xxiv-xxv Great Britain, Chefoo Convention, 1876 13
Agents 914 A Great Britain, Chungking Agreement, 1890 17
Calendar and Chronology vi Great Britain, Emigration Convention, 1904 34
Calendar, Anglo-Chinese v Great Britain, Kowloon Extension, 1898 20
Chair, Jinricksha and Boat Hire, Hongkong 416 Great Britain, Nanking, 1842 3
Chamber of Commerce, Scale of Commissions, &c 414 Great Britain, Opium Agreement, 1911 43
China’s Permanent Constitution 401 Great Britain, Sup. Commercial Treaty with China 22
Chinese Festivals xviii Great Britain, Tibet-Sikkim Convention, 1890 IS
Chinese Passengers’ Act. 384 Great Britain, Tibet Convention 38
Consortium Agreement, 1920 231 Great Britain, Tientsin, 1858 5
Foreign Jurisdiction Act, 1890 279 Great Britain, Weihaiwei Convention, 1898 21
Harbour Regulations, Japan 398 Japan, Agreement China-Korean Boundary, 1909,229
Hongkong, Charter of the Colony 363 Japan, Agreement Regarding Manchurian Ques-
Hongkong, Constitution of Councils 377 tions, 1909 230
Hongkong, Legislative Council, Rules of 378 Japan, Commercial, Peking, 1896 105
Hongkong—Royal Instructions 367 Japan, Protocol, New Ports, Peking, 1896 110
Hongkong—Royal Instructions (Additional) 375 Japan, Regarding Manchuria, 1905 113
Hongkong Port Regulations 388 Japan, Regarding Shantung, 1915 121
Hongkong, Stock Exchange 413 Japan,RegardingS.Manchuriaand Mongolia,1915,113
Hongkong Typhoon Signals and Stations 417 Japan, Settlement of Outstanding Questions
relative to Shantung 125
Insurance, Japanese Ordinance 387
Japan, Transfer of Shantung 243
Malay States Federation Agreement, 1896 273
Japan, Shimonoseki, 1895 102
Manila Invoice Charges 418
Japan, Supplementary Treaty, 1903 Ill
Orders in Council f Amendment) China & Corea, 1907, 326
Portugal, 1888 89
Orders in Council (Amendment) China & Corea, 1909, 329 Portugal, 1904 97
Orders in Council (Amendment) China & Corea, 1910 .. 331
Uusso-Chinese Agreement, 1924 140
Orders in Council (China Amendment), 1913 332
United States of America. Additional, 1868 75
Orders in Council, China (Amendment) 1914 339
United States of America, Commercial, 1903 82
Orders in Council, China (Amendment No. 2), 1920 . .341
United States of America, Immigration, 1894 80
Orders in Council, China (Amendment No. 3), 1920 ..341 United States of America, Immigration & Comm. 77
Orders in Council, China (Amendment), 1921 342 United States of America, Tientsin, 1858 69
Orders in Council (Companies), China, 1915 344
Orders in Council (Companies), China Amendment, With Japan :—
1919 348
Orders in Council (Treaty of Peace), China, 1919 350 Russo-Japanese Convention, 1925 223
Orders in Council, H.B.M., China and Corea 285
Port Regulations for H.B.M. Consulates in China 395 With Siam:—
Siam, Foreign Jurisdiction, 1909 259 France, 1904 261
Signals, Storm, &c., Hongkong 417 France, 1907 263
Statutory Rules and Orders (China and Corea), 1909 .. 353 Great Britain, 1856 247
Tables of Consular and Marriage Fees 354 Great Britain, 1909 253
Treaty Ports, etc. 275 Great Britain, 1913, re Fugitive Criminals 258
Great Britain, Registration of Subjects 252
Treaties:—With China:—
Great Britain, Trade Regulations with 250
Final Protocol with Eleven Powers, 1901 132 Japan, 1898 .....267
France, Additional Convention, 1895 67 Russia, 1899 271
France, Convention, 1887 65 Great Britain and France, Siamese Frontier, 1896 ..272
France, Convention of Peace, 1860 46 Great Britain and Portugal, Opium, 1913 274
France, Peking, 1860 55 United States Consular Court Fees 360
France, Tientsin, 1885 57 United States Consular Courts in China, Regulations . .362
France, Trade Reglns. for Tonkin Frontier, 1886.. 60 United States Court for China, Jurisdiction 357
Germany, Peking, 1921 137 Washington Conference Resolutions, 1921-22 234
Great Britain, Burmah Convention, 1897 18 Weights and Measures, Money 419
HnotoCtbmese (talenbav for 1928
THE CALENDAR FOR 1928
JANUARY—31 DAYS
7h. (
7h. (
d. h. m. , 1927, AT SEA LEVEL
7 6 31
Last Quarter ... 14
New Moon ... 22 8 42 P.M.
yrlsr sa.1.
THE CALENDAR FOR .1928
FEBRUARY-29 DAYS
STJNBISE SUNSET HONGKONG TEMPERATURE
... 7h. 03m. 6h. 11m. .1.926, 1927
... 6h. 56m. 6h. 20m. Maximum ...63.9, 62.2
Minimum ... 57.3 55.2
Mean ... 60.0 58.5
MOON’S PHASES
d. h.
Full Moon ... 5 8
Last Quarter... 13 7
New Moon ... 21 10
First Quarter... 28 3
F REMARKABLE EVENTS
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.
The German Club at Hongkong opened, 1872. Weihaiwei citadel captured by Japanese,
1895. Loss of “Daijin Maru,” in the China Sea, 160 lives lost, 1916. Opening of
Tytam Tuk Reservoir by Sir Henry May, 1918.
'Satur. Great robbery in the Central Bank, Hongkong, discovered, 1865. Agreement opening West
River signed, 1897.
Sun. SKFTUAGESIMA. Anti-foreign riot at Chinkiang, foreign houses burned and looted, 1889.
Local Administrative bodies in China suppressed, 1914.
Mon. 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. “TatsuMaru” 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.
Suez Canal adopted as the regular route for the Eastern Mails, 1888.
The Spanish fleet leaves the port of Cavite, by order of the Governor of Manila, for the
purpose of taking Formosa, 1626. Hostilities between Russia and Japan begun by
Russian gunboat off Chemulpo, 1904. Japanese made a successful torpedo attack
at midnight on Russia’s Port Arthur squadron, 1904.
The “Henrietta Maria” was found drifting about in the Palawan Passage, captain,
crew and 250 coolies missing, 1857. Murder of Messrs. Kiddle and Sutherland at
Mengka on Yunnan border, 1900. Naval fight at Port Arthur between Japanese and
Russian fleets with disastrous consequences to the latter, 1904.
The Japanese constitution granting representative government proclaimed by the
Emperor in person at Tokyo, 1889.
SEXAGBSIMA. China’s New Currency Laws published, 1914.
Outbreak of convicts in Singapore Gaol, 1875. Surrender of Liukungtao Island forts and
remainder of the Chinese fleet to the Japanese, 1895. Manchu Rulers of China an-
nounce their abdication, 1912. Sir Robert Ho Tung gives 850,000 to Hongkong Univer-
sity, 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.
Tung Wa Hospital, Hongkong, opened by Sir R. G. MacDonnell, 1872.
Wed. 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.
Thurs. Insurgents evacuated Shanghai, 1855. Stewart scholarship at Central School, Hongkong,
founded, 1884. Alice Memorial Hospital, Hongkong, opened, 1887.
The U.S. paddle man-of-war “Ashueiot” wrecked on the East Lammock Rock, near
Swatow, 1883.
QUINQUAGESIMA. Lord Amherst’s Embassy, returning from China, shipwrecked in the
Java Sea, 1817.
Sir Robt. Hurt born, Milltown, Ire’d., 1835. China’s Provincial Assemblies suppressed,1914.
SHROVE TUESDAY. 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 Shang-
hai, 1906. Consort of the Emperor Kwangsu died, 1913. Hongkong A.D.C. Centenary
Production, 1914.
Asn WEDNESDAY. Massacre of missionaries at Nanchang, 1906.
Hostilities between England and China recommenced, 1841. Steamer “Queen” captured
and burnt by pirates, 1857. First stone of the Hongkong City Hall laid, 1867.
Chusan evacuated by the British troops, 1841. Explosion of boiler of the str. “ Yotsai”
between Hongkong and Macao; six Europeans and 13 Chinese killed and vessel
destroyed, 1884. Preliminary agreement signed by the Govt, of China for the loan of
£4,000,000 from the Banque Industrielle de Chine to build a railway from Yunnan to
Yamchow (Kwangtung), 1914. .
'Satur. Captain Da Costa and Lieut. Dwyer murdered at Wong-ma-kok, in Hongkong, 1849.
Chinese Imperial Edict issued dismissing the Dalai Llama of Tibet, 1910.
^Sun. 1ST IN LENT. Bogue Forts, Canton, destroyed by Sir Gordon Bremer, 1841. Appalling^
disaster at Hongkong Racecourse; matsheds collapse and destroyed by fire over 600
bodies recovered, 1918. _
Treaty of peace between Japan and Corea signed at Kokwa, 1876, Evacuation of Port
Hamilton by the British forces, 1887.
Capture of the Sulu capital by the Spaniards, 1876.
THE CALENDAR FOR 1928
MARCH-31 DAYS
SUNBISE SUNSET HONGKONG TEMPERATURE
... 6h. 45m. 6h. 27m. 1926 1927
... 6h. 33m. 6h. 33m. Maximum ... 68.0 63.6'
Minimum 60.8 57.0
Mean ... 63.8 60.1
MOON’S PHASES
d. h. m.
Full Moon
Last Quarter ...
New Moon
First Quarter... 4.840 inches
CHRONOLOOY OP RKMARKABLR EVENTS
ST. DAVID’S DAY. Bombardment of the Chinhai forts by French men-of-war, 1885.
Twenty-six opium divans closed in Hongkong, 1909. Mr. Herrmann, manager
of Siemens Schuckert at Yokohama, arrested in connection with Japanese Naval
scandal, 1914.
First Dutch Embassy left China, 1657.
Foreign Ministers received in audience by the Emperor at the Tsz Kuang Po, 1891.
2ND IN LENT.
Mon. Expulsion of Chinese Custom House from Macao by Governor Amaral, 1849.
Hostilities at Canton recommenced. Fort Napier taken by the English, 1841.
Wed. Departure of Governor, Sir J. P. Hennessy, from Hongkong, 1882. Kongmoon opened
to foreign trade.
Arrival in Hongkong of Prince Henry of Prussia, 1808. 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.
Firi. Attack on Messrs. Farnham and Rohl at Shanghai, 1872.
Lin arrived in Canton, 1839. 12,000 Chinese troops attacked the English in Ningpo and'
Chinhai and were repulsed with great slaughter, 1842. 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 Kaii
inaugurated as President of the Chinese Republic, 1912.
3RD IN LENT. Governor Sir R. G. MacDonnell arrived in Hongkong, 1866. Hongkong
University opened by H.E. Sir F. W. Lugard, 1912.
Imperial Commissioner Ki-chen, degraded by the Emperor, left Canton as a prisoner,
1841. Capture of Bac-Ninh, by the French, 1884. Death of Dr. Sun Yat Sen, im
Peking, 1925.
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.
Governor Sir H. Robinson left Hongkong for Ceylon, 1865. Jubilee of Hongkong
Chamber of Commerce, 1912.
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.
Safcur. ST. PATRICK’S DAY. Lord Macartney’s Embassy left China, 1794. Severe earthquake in
Formosa, 1906.
Sun 4TH IN LENT. Edict of Commissioner Lin to surrender all opium in Canton, 1839.
Chungking declared open to foreign trade, 1891.
Mon. 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.
British ship “Sarah,” first free-trader, sailed from Whampoa, 1834. Mr. F. A. Aglen
appointed Deputy Inspector of Chinese Maritime Customs, 1910.
Death, at Peking, of Sir Harry Parkes, H.B.M. Minister to China, 1885. Sir Robert
Hart left Peking for Home, 1908.
Captain Elliot forced his way to Canton, 1839. Aguinaldo captured by the Americans in
the Philippines, 1901.
Satur. First Section of Manila-Dagupan railway opened, 1891. Attempted assassination of Li
Hung-chang at Shimon oseki, 1895.
Sun. 5TH IN LENT. Captain Elliot demands passports for himself and all the British subjects
imprisoned in Canton, 1839.
Great flood at Foochow, 1874 Newchwangplaced under Russian martial-law.
Launch of the “Autolycus,” the largest ship built in British Overseas Dominions, at Taikoo
Dock, 1917. Protocol of Convention betw-een China and Portugal signed at Lisbon, 1887.
Wed. 20,289 chests of opium burned by Lin at Canton, 1839. Foundation-stone of New Customs
House at Canton laid, 1914.
Thurs. Seizure and occupation of the Pescadores by the French fleet, 1885.
Arrival of Governor Sir George Bowen, G.C.M.G., 1883. Chinese Regiment at Weihaiwei
disbanded, 1904. Cantonese resolved on a boycott of Japanese products which lasted
throughout the year, 1908. ^ ,
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 1928
APRIL-30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st ... ... 6h. 16m. 6h. 38m. 1926 1927
>15th. ... ... 6h. 03m. 6h. 43m. Maximum 72.9 71.6
Minimum 66.1 64.1
Mean 68.9 67.2
MOON'S PHASES
BAROMETER, 1927, AT SEA LEVEL
Full Moon Mean 29.94 inches
Last Quarter...
New Moon 1926 RAINFALL 1927
First Quarter... 17.165 inches 7.125 inches
CHRONOLOGY OF REMARKABLE EVENTS
PALM SUNDAY. The port of Hoihow (in Hainan) opened, 1876. The ports of Pakhoi,
Wenchow, Wnhu and Ichang opened, 1877. B.N. Borneo adopted the Straits Settle-
ments currency, 1905. Dowager Empress of Japan died, 1914.
Hon. French flag hoisted at Kwang-chau-wan, 1898. Belilios Reformatory opened at Hong
kong, 1900.
lues. “ Tai On ” pirated between Hongkong and Kongmoon, 1913.
Wed. Protocol arranging the preliminaries of peace between France and China signed at
Paris, 1885. The Tsarevitch and Prince George of Greece arrived in Hongkong,
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.
Goon FRIDAY. 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.
Satur. Hongkong Mint opened, 1866. Indignation Meeting at Shanghai respecting Wheelbarrow
Riot, 1897. Great powder explosion at Canton, 1913.
Sun. EASTER SUNDAY. Arrival of M. Paul Bert at Hanoi, 1886. Chinese Parliament in-
augurated 1913.
Mon. EASTER MONDAY. Terrific tornado in Canton; 2,000 houses destroyed and 10,000 lives
lost, 1878. Tartar General at Canton assassinated, 1911.
37,000 Christians butchered in Japan, 1738. Death at Peking of Marquis Tseng, 1890.
iiF’' Presentation of colours to Hongkong Regiment, 1895. Russian flagship
“ Petropavlovsk ” sunk by a mine off Port Arthur, nearly every man drowned, includ-
ing Admiral Makaroff, 1904.
Soldiers’ Club opened at Hongkong, 1900. Imperial Palace, Seoul, destroyed by fire,
1904. Aliens given the right to own land in Japan, 1910.
S. Francis Xavier left Goa for China, 1552. Riots at Changsha, 1910.
1ST AFTER EASTER, British Flag hoisted at Taipohui, Kowloon, New Territory, 1899.
Governor Sir Arthur Kennedy arrived in Hongkong, 1872. Junk Bay Flour Mills,
Hongkong, suspended operations, 1908.
Telegraph to Shanghai opened, 1871. Execution at Kowloon city of 19 pirates, includ-
ing “Namoa” pirates, 1891. Treaty of Peace between China and Japan signed at
Shimonoseki, 1895.
Convention between China and Japan settling Corean differences signed at Tientsin,
1885. The O. & O. steamer “ San Pablo ” wrecked near Turnabout, 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, 1830. The
Tsarevitch arrived at Hankow, 1891.
Satur. Resignation of Shanghai Municipal Council, 1897.
Sun. 2ND AFTER EASTER. East India Company ceased trade with China, 1834. Arrival
of Governor J. Pope Hennessy in Hongkong, 1877. Opening of new commercial
port of Heungchow near Macao, 1909. Bank of China authorised to issue $3,000,000
in subsidiary notes, 1915.
Mon. ST. GEORGE’S DAY. P. M. steamer “Asia" wrecked near Foochow, 1911.
Tues. Chinese Imperial Edict issued disranking Roman Catholic missionaries, 1908. Capture
of the citadel at Hanoi, Tonkin, by the French forces, 1882. First sod of the
Shanghai-Nanking Railway cut at Shanghai, 1905.
Wed. Foundation stone of Queen’s College, Hongkong, laid, 1884. Contract for Quintuple
Loan of £25,000,000 signed at Peking, 1913.
Thure. A crowded public meeting in Hongkong demands exclusion of Germans from the Colony
after the War, 1917.
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 the8.8. “Tai On” off Kai Au, 19l4.
Sun. 3RD AFTER EASTER. Battle of the Yalu, Russo-Japan War: Russians defeated with great
slaughter, 1904.
Mon. Arrival of General Grant in Hongkong, 1879.
THE CALENDAR FOE 1928
MAY-31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
... 5li. 5lm. 6h. 50m. 1926 1927
... 5h. 43m. 6h. 56m. Maximum 80.9 80.5
Minimum 72.7 72.3
MOON’S PHASES Mean ... ... 76.1 75.6
BAROMETER, 1927, AT SEA LEVEL
Full Moon Mean ... ... 29.84 inches
Last Quarter ...
New Moon
First Quarter...
CnSoNOioGT OP REMARKABLE EVENTS
First number of Hongkong Gazette published, 1841. Telegraphic communication
established between Hongkong and the Philippines, 1880. Spanish fleet destroyed '
by U.S. fleet at Cavite, 1898. Emperor Kwang Hsu buried, 1909.
Wed. Ratification at Tientsin of the Treaty between Portugal and China, 1888. United States
Japan’s revised d
Suspension of Oriental Bank, 1884.
FriUrS Riot in French Concession at Shanghai, 1874. Roman Catholic Cathedral at Peking
inaugurated, 1884. Aomori devastated by tire, 1910.
Sfttur. British troops evacuated Ningpo, 1842. Imperial Government ordered steps to be taken -
at Hongkong to close opium divans, 1908. Sun Yat Sen, at Canton, proclaims himself
“President of China,” r.)21.
Sun. 4TH AFTER EASTER. 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
Moc.
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 Port Hamilton by the
British Squadron, 1885. Meeting of Chinese merchants at Shanghai instituted a <
boycott of American products as a protest against the Chinese Immigration Act, the
movement eventually spreading extensively in China, 1905,
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.
East India Co.’s garden at Canton destroved by the Mandarins, 1831.
ROOATION SUNDAY. Anti-foreign riot at Wuhu, 1891. Bill for amending the Trading with
the Enemy Ordinance, 1914, read a third time and passed by the Hongkong Legislative
Council, 1915.
Ratification at Peking of the amended Treaty between Russia and China, 1881. Anti-
foreign riot in the Hochow district, 1891.
Loss off Amoy of the French war steamer “Izere,” 1860. Arrival of General Grant in
Shanghai, 1879. Kowloon walied city occupied, 1899.
ASCENSION DAY.
The city of Ohapu taken by the British troops, 1842. Anti-foreign riot at Nanking, 1891.
Capt. Doisy, French aviator, reached Canton, 1924.
Disastrous surprise of a French sortie in Tonkin led by Commandant Riviere and death of'
the latter, 1883.
Sun. SUNDAY AFTER ASCENSION. Forts at mouth of Peiho captured by British and French
forces, 1858. The Canton Mint commenced striking silver coins, 1890.
MOD-. 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.
Foreign factories at Canton pillaged, 1841. Opening of new Medical School of Hongkong
Wed.’ University, 1919. U.S. Legation at Tokyo burned down, 1863.
Thurs. EMPIRE DAY. Capt. Elliot and all the British subjects leftCanton for Macao, 1839. British
flag hoisted at Weihaiwei, 1898. H’kong.’sWarMemorial(Cenotaph)unveiled,1923.
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.
Death of Grand Secretary Wen-siang, 1876.
WHIT SUNDAY. 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. Battleof the Japan Sea; Adml. Togo practically annihilates Adml. Roshdes-
vensky’s fleet, 1905. A Bill to provide for the levy of Estate Duty passed by the H’kong.
Legislative Council after considerable opposition from the Unofficial members, 1915.
Mon, WHIT MONDAY. Queen’s Statue, Hongkong, unveiled, 1896. Anti-foreign riots in Sze-
chuen, 1895. H.M. Queen Mother of Siam visited Hongkong, 1911.
“ Empress of Ireland” sunk and 600 lives lost, including several prominent Far Eastern,
residents, in the St. Lawrence River, 1914.
Wed. 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 1928
JUNE—30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 5h. 38m. 7h. 03m. 1926 1927
15th 5h. 38m. 7h. 08m. Maximum ... ... ... 81.3 85.9
Minimum 75.3 78.7
Mean 77.8 81.6
MOON’S PHASES
d. h. BAROMETER, 1927, AT SEA LEVEL
Full Moon ... 3 12 Mean 29.76 inches
Last Quarter... 11 6
New Moon ... 17 9 1926 RAINFALL 1927
First Quarter... 24 11 6.635 inches 11.680 inches
DAYS OI DAYS OF 4 &5
MONTH MOONS CHRONOLOGY OF RF,MARKABLE EVENTS
WEEK
• FIL 14 Attempt to blow up the Hongkong Hotel, 1878. New Opium Agreement between
Hongkong and China came into force, 1887. Anti-foreign riot at Tanyang, 1811.
Canton-Samshui Railway completed.
2 16 Hongkong connected with London by wire, 1871. Formal transfer of Formosa from
China to Japan, 1895. Revs. Norman and Robinson murdered, 1900.
3 16 TRINITY SCNBAY. KING’S BIRTHDAY. Earthquake at Manila, killing more than 2,000
persons, 1863. Death of Sir Arthur Kennedy, 1883. Keelung taken possession of hy
Japanese, 1896.
Mon. 17 Treaty between France and Corea signed at Seoul, 1SS6. West River opened, 1897.
18 Departure of the first O. & O. steamer from Hongkong to San Francisco, 1876. Messrs.
Argent and Green murdered in an anti-foreign riot at Wusueh, 1891. Communication
with Peking cut off, 1900. French str. “ R. Lebaudy ” pirated on West River, 1913.
Wed. 6 19 Heavy rains in Hongkong, property to the value of 8500,000 destroyed, and many lives
lost, 1864. Death of Yuen Shih-kai, 1916
Ihurs. 7 Attempted anti-foreign riot at Kiukiang, 1891. Hongkong-Canton steamer “ Powan ”
wrecked, 1908. Tornado in Macao, 1913.
Fri. 8 21 Destruction of Mission premises at Wusieh by anti-foreign mob, 1891.
9 22 Suspension of New Oriental Bank, 1892. The P. & O. steamer “Aden” wrecked off
Socotra, 78 lives lost, 1897,
Sun. 10 23 1ST AFTER TRINITY. Typhoon at Formosa; loss of several vessels, 1876. Admiral
Seymour starts for Peking, 1900. Sir Robert Hart gazetted British Minister to China;
did not accept the appointment. Arrival in Hongkong of H.R.H. Prince Charles,
heir to the Roumanian Throne, 1920.
Mon. 11 Portuguese prohibited trading at Canton, 1640.
Tues. 12 Opening of the first railway in Japan, 1872.
'Wed. 13 British steamer “ Carisbrooke” fired into and captured by Chinese Customs cruiser, 1876.
Imperial Edict condemning attacks on foreigners, 1891. Baron von Ketteler, German
Minister, murdered in Peking, 1900.
14 Russo-Chinese Treaty, 1728. Battle of Telissu Russo-Japan War. Russians defeated
with a loss of 7,000 men and 16 guns, 1904. Capt. John Alcock and Lieut. A. W. Brown
made the first non-stop flight across the Atlantic in an aeroplane on June 14th, 1919.
Fri. 15 TidalWave, Japan, 28,000 lives lost, 1896. Hope Dock opened at Aberdeen, 1867. Train
from Canton to Hongkong “ held up,” American missionary killed, 1916. Landslide at
Happy Valley, five Chinese killed, 1925.
Satur. Woosung taken, 1842.
Sun. 2ND AFTER TRINITY. First foreign-owned junk leaves Chungking, 1891. Capture of Taku
Forts by Allies, 1900. Death of Sir Hormusjee Mody, 1911.
18 Explosion of the “Union Star” at Shanghai, 17 persons killed and 10 wounded, 1802.
Disastrous inundation at Foochow, 2,000 lives lost, 1877.
19 Shanghai occupied by British forces, 1842. Attempted assassination at Shameen (Canton)
of M. Merlin, Governor-General of Indo-China, 1924.
Wed. Macartney’s embassy arrived in China, 1793. Attack on mission premises at Hainan
city, 1891. Unprecedented floods in the West River, 1908. General Strike in
Hongkong. 1925.
Thurs. Massacre at Tientsin, 1870.
Fri. Canton blockaded by English forces, 1840. Queen Victoria’s Diamond Jubilee celebration,
1897. Coronation of King George,V., 1911. Inauguration of Tsan ChingYuan, Chinese
Administration Council, 1914.
Satur. 23 Shock of earthquake in Hongkong, 1874. Handsome new premises of the Hongkong
and Shanghai Bank on the Bund, Shanghai, opened by H.B.M. Minister (Sir R.
Macleay, K.C.M.G.), 1923. Attack on Shameen by Chinese, 1925.
'Sun. 24 3RD AFTER TRINITY. Lord Robert Cecil announced in the House of Commons that the
Government had decided to prohibit trading with the enemy in China, 1916.
'Mon. 25 Assassination of M. Carnot, President of the French Republic, 1894. Treaty of Nanking
exchanged, 1843. Attack on British Legation at Tokyo, 1862. Foundation-stone of
new wing of Berlin Foundling House laid by Lady May, 1914.
26 Treaty between England and China signed at Tientsin, 1858. Additional Convention
between France and China signed at Peking, 1887.
Wed. 27 10 Treaty between France and China signed, 1858. Confiscation of the str. “ Prince Albert ”
by the British Consul and Customs at Canton, 1866.
Thurs. 11 Agreement effected between Great Britain and the United States for reciprocal protection
of British and American Trade Marks in China, 1905.
■Fri. 29 12 The Foreign Ministers admitted to an audience of the Emperor of China at Peking, 1873.
Indian Mints closed to silver, 1893.
■Satur. SO 13 British expedition to China arrived, 1340. Opening of asection of the Shanghai and
Woosung Railway, 1876. Flooding of the Takasima coal mines, 1891. Squadron Leader
Maclaren and Flying Officer Plenderleith reach Hongkong on their attempted flight
round the world, 1924,
THE CALENDAR FOR 1923.
JULY—31 DAYS
SUNRISE HONGKONG TEMPERATURE
5h. 42m. 1926 1927
5h. 48m. Maximum ... ... ... 86.9 86.5
Minimum ... 78.4 78.5
Mean 82.1 81.9
BAROMETER, 1927, AT SEA LEVEL
Full Moon Mean 29.71 inches
Last Quarter ...
New Moon
First Quarter...
CHRONOLOGY OF REMARKABLE EVENTS
4TH AFTER TRINITY. Hakodate, Kanagawa, and Nagasaki, Japan, opened to trade, 1857.
Two Swedish missionaries murdered at Sungpu, 1893. Attempted assassination of
Sir H. May on his return to Hongkong as Governor, 1912. Restoration of Emperor of
China by Chang Hsun, 1917.
Amoy forts and many junks destroyed by H.M.S. “ Blode,” 1840. French Expedition
from the Hoongkiang arrived in Hongkong, 1873. Hongkong Legislative Council
approved a development scheme for the south side of the island of Hongkong, 1914.
Tues. Steamer “Don Juan” burnt at sea near Philippines; 145 persons perished, 1893.
Hongkong low level electric tram service opened, 1904.
Wed. Declaration American Independence, 1776. Telegraph cable laid between Hongkong
and Macao, 1884. U. S. Pacific Cable opened to Manila.
Thurs. Tinghai first taken, 1840. Attack on British Embassy at Tokyo, 1886. Duke of
Connaught’s Statue unveiled in Hongkong, 1902. Hongkong Legislative Council voted
$50,000 for the relief of distress in the West River districts, 1914.
Order of nobility instituted in Japan, 1884.
Serious flooding of the West River involving great loss of life and damage to property, 1915.
Canton factories attacked by Chinese, 1846. Japanese occupy Sakhalin, 1905.
First Dutch embassy arrived at Tientsin, 1656.
Portuguese fleet left Malacca for China, 1522. The Yangtsze blockaded by British fleet,
1840. First Bazaar by Chinese held at Hongkong in aid of relief of distress caused by
West River floods, 1908. Rebellion against Yuan Shih Kai broke out in the Yangtsze
provinces, 1913.
Wed. Engagement between the U. S. Naval Forces and the Coreans. Amherst’s embassy
arrived in China, 1816.
Foreign Inspectorate of Customs established in Shanghai, 1854. Suspension of Hongkong
Police Officers for accepting bribes, 1897. Macau troops commenced operations
to exterminate pirates at Colowan Island, 1910.
First English ship reached China, 1635. French gunboats fired on by Siamese at
Paknam, 1803. Pirates attacked S. S. “Sainam” on West River, killing Rev. Dr.
MacDonald and injuring several of the crew, 1900.
S»tur, Statue of Paul Beau unveiled at Hanoi, 1890. Tientsin native city captured by Allies,
1900. Chinese Imperial Edict declared bow and arrow obsolete arms, 1905.
Sun. Shimonoseki forts bombarded by the English, French, and American squadrons, 1874.
Eruption of Bandai-san volcano, Japan, 500 persons killed, 1888. Radio-telegraphic
station at Ca{>e D’Aguilar opened, 1915.
Hon. British trade with China re-opened, 1842, The King of Cambodia arrived on a visit to
Hongkong, 1872. Chinese boycott of Shameen begins, 1924.
Ningpo Joss-house Riots, Shanghai, 15 killed and many wounded. Agreement between
Russia and China on Amur River, 1900. Crisis at Peking; Chihli fights Anfu faction
and 6,000 casualties reported, 1920.
Terrible earthquake at Manila, 1880. Chan Kwing Ming declared independence of
Kwangtung, 1913, Floods cause collapse of houses at Po Hing Fong, Hongkong, 71
deaths, 1925.
Great storm in Hongkong, 20.43 ins. of rain in 9 hours, 1926. Nanking captured by the
Imperialists, 1864. Indo-China s.s. “Hopsang” sunk by Russians, Pechili Gulf, 1904.
Wreck of the C.M.S.N. Co.’s str. “Pautah” on Shantung Promontory, 1887.
Satur. Yellow River burst its banks at Chang-kiu, Shangtung, great inundation, 1889. Typhoon
Sun. in Hongkong, 1902. Death of Sir Kai Ho Kai of the Hongkong Executive Council, 1914.
Mon. Armed attack on Japanese Legation at Seoul, Corea, and eight inmates killed, 1882.
Tues. British trade prohibited at Canton, 1834. Anglo-Chinese Burmah Convention signed
at Peking, 1886.
“Kowshing,” British steamer, carrying Chinese troops, sunk by Japanese, with loss
of about 1,000 lives, 1894. Defeat of British forces at Taku, Admiral Hope wounded,
1850. First visit of Prince Chun, the Emperor’s brother, to Hongkong, 1901. Japanese
occupy Newchwang, 1904.
Great flood at Chefoo kills 1,000, 1903. Royal Proclamation forbidding British subjects to
trade with the enemy in China and Siam came into force, 1916.
Canton opened to British trade, 1843. Terrific typhoon at Canton, Macao, Hongkong,
and Whampoa; loss of life estimated at 40,000 persons, 1862. Disastrous typhoon at
Hongkong, 1908. “Empress of China” wrecked, 1911.
Nanking re-taken by Imperialists, 1864. Sir Matthew Nathan arrived Hongkong, 1904,
Baron de Macar sentenced at Shanghai to a year’s imprisonment for false pretences and
abuse of confidence in connection with the flotation of “The British a J1 Belgian
Industrial Bank of China,” 1914. Severe typhoon visits Shanghai, 1915.
German gunboat “ litis ” wrecked off ShantungPromontory, all but eleven of the crew ]
ished, 1896. Outbreak of rebellion at Manila,1896. EmperorMutsuhitoof Japandied.li
Severe typhoon at Macao, 1836.
Hongkong low level electric tram service started, 1904.
THE CALENDAR FOR 1928 xiii
AUGUST-31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 5h. 54m. 7b. 04m. 1926 1927
15th 6h. 00m. 6h. 55m. Maximum 86.7 87.5
Minimum 78.2 78.0
Mean 82.1 82.1
Full Moon BAROMETER, 1927, AT SEA LEVEL
Last Quarter ... Mean 29.69 inches
New Moon
First Quarter... 1926 RAINFALL 1927
Full Moon 8.010 inches 20.905 inches
DAYS or DAYS or 6&7 CHRONOLOGY OF REMARKABLE EVENTS
WKBK MONTH MOONS
i 16 Both China and Japan declared war, 1894. Kucheng massacre, 1890. Germany declared
war against Russia, 1914.
Thurs. 2 17 Victims of massacre at Tientsin buried, 1870. Swatow struck by disastrous typhoon
and tidal wave, which did extensive damage to shipping and house property and
caused the loss of many thousands of lives, 1922.
British fleet arrived before Nanking, 1842. First Chinese Bazaar held at Canton, 1908.
War declared by Great Britain against Germany, 1914. Macartney’s Embassy entered
Peiho, 1796. Bombardment of Keelung by French, 1884. Allied march on Peking
started, 1900. Li Hung Chang visited Queen Victoria, 1896.
Sun. Political unrest in Kwangtung culminated in serious fighting 1916.
Mon. BANK HOLIDAY. Serious flood at Tientsin, 1871. Hongkong Volunteers mobilised, 1914.
Tues. British Squadron arrived off the Peiho, 1840.
Wed. Assassination of Mr. Haber, German Consul, at Hakodate, 1874.
British troops landed at Nanking, 1842. Sun Yat Sen left Canton hurriedly on H.M.S.
“Moorhen” for Hongkong, whence he sailed for Shanghai, thus leaving his op-
ponents in undisputed possession of the city and province.
Fri. 10 25 Sir H. Pottinger arrived at Hongkong, 1841. Destructive typhoon at Foochow, 1888. Lady
May launched the “ War Drummer,” first standard ship built in Hongkong, 1918.
Satur. ll First public meeting of British merchants in Canton, called by Lord Napier, who
suggested the establishment of a Chamber of Commerce, 1834.
Sun. 12 27 174 British prisoners executed in Formosa, 1842. Manila occupied by U.S. Troops,
1898. Attempted assassination of Admiral Li Chun at Canton, 1911.
Mon. 13 Tong-ur-ku taken, 1860. Japanese squadron sinks Russian cruiser Burik near Tsushima,
1904. Fighting and looting at Canton following flight of rebel leaders, 1913. Compul-
sory Military Service Bill passed its third reading in the Legislative Council of the
Straits Settlements, 1915.
Tues. ll 29 British steamer “Glenfarg ” sunk after striking a submerged rock near Goto Islands, 1914.
China declares war against Germany and Austria-Hungary, 1917.
Wed. 15 Great fire on French Concession, Shanghai, 991 houses destroyed, loss Tls. 1,500,000,1879.
Total loss of the E. & A. steamer “Gatterthun” near Sydney, 1895. Peking Legations
rescued, 1900. Murder of Messrs. Bruce and Lewis at Chengchow, Hunan, 1902,
Prince and Princess Arisugawa entertained at Hongkong, 1904. Disastrous tidal
waves on the north-west coast of Korea, swept away hundreds of houses, did much
damage to shipping, and caused the loss of over 1,000 lives, 1923.
16 2 British trade of Canton stopped by Hong merchants, 1834. French Treaty with Siam
signed, 1866.
Fri. 17 “Empress of India” sinks Chinese cruiser “Wong Tai” in collision near Swatow, 1903,
Destructive typhoon at Macao, 1913.
Satur. 18 Lord Napier ordered by the Viceroy to leave Canton, 1834. Great fire in Hongkong, 1868.
Indian troops landed in Shanghai, 1900. Large gang of pirates attacked Cheungchow,
killing three Indian constables, and looting the village, 1912. American Chamber of
Commerce established at Shanghai, 1915. Hongkong in 1923, was struck by the worst
typhoon experienced since 1909, the squall velocity reaching a maximum of 130 miles
an hour. Considerable damage was done to property on shore and to shipping in the
Sun. Harbour, but the loss of life was relatively small.
Mon. First conference between Sir Henry Pottinger and Ki-ying on board the “Cornwallis,”
at Nanking, 1842. Taku forts taken by the Allied forces, 1860.
Tues. 21 Palace Revolution at Peking, Empress Dowager again assumes the Regency, 1898.
Chinese boycott of Shameen ends, 1924.
Wed. 22 Governor Amaral, Macao, assassinated, 1849. Seizure of steamer “Spark” by pirates
between Canton and Macao, 1874. Telegraph line to Peking opened, 1884. Korea
annexed by Japanese, 1910. H.M.S. “ Bedford’’ wrecked at Quelpart, 1910.
Large meeting in Hongkong to protest against the military contribution, 1864.
Chinese fleet at Pagoda Anchorage destroyed by French, 1884. Japan declared war on
Germany, who had ignored her request to evacuate Kiaochow with a view to its
“ eventual restoration ” to China, 1914.
10 Wreck of the C. N. Co.’s str. “ Tientsin ” near Swatow, 1887. Disturbances at Amoy,
Japanese landed marines, 1900.
Satur. 11 British Chamber of Commerce established at Canton, 1834. Treaty between Great Britain
and Japan signed, 1858.
Sun. 12 British left Macao, 1839. British steamer “Dunearn” foundered in a typhoon off Goto
Islands, 1908.
13 Amoy taken by the English, 296 guns captured, 1841.
14 Lord Amherst’s Embassy left for Yuen-ming-yuen, 1816. Slaverj' abolished in British,
possessions, 1833. Kimpai forts silenced by French, 1884. Hongkong Legislative
Council passes Ordinance to admit enemy aliens only on licence for 3 years, 1919.
Treaty of Nanking signed, 1842.
Wreck of “Futami Maru” off Cape Calavite, 1900.
Severe typhoon on coast of China, many lives lost, and much damage done to shipping at
Hongkong, Macao.and Whampoa, 1848. Grea War officially ends, 1921.
THE CALENTDAB FOB 1928
SEPTEMBER-30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
6h. 06m. 6h. 40m. 1926 1927
15th 6h. 10m. 6h. 27m. Maximum 86.4 83.6
Minimum ... 77.6 76.1
MOON’S PHASES
Mean 81.5 79.3
d. h.
Last Quarter ... 6 10
New Moon ... 14 1
First Quarter... 22 3
Full Moon ... 29 1 17.300 inches
CHRONOLOGY OP REMARKABLE EVENTS
Foundation-stone of Gap Rock lighthouse, near Hongkong, laid, 1890. Chinese Imperial
Decree published announcing a decision to grant Constitutional Government. Exten-
sive floods in Shantung, 1914. Appalling earthquake, followed by fire, wrought
terrible havoc to life and property in i'okohama, Tokyo and surrounding districts, 1923.
Arrival of the “Vega” at Yokohama after having discovered the North-East Passage,
1879. Kiaochau declared a free port, 1898. Japanese occupied Lioa-yang, capturing
vast stores of ammunition and provisions, 1904.
Hongkong Plague proclamation revoked, 1894. Disastrous floods at Shanghai, 1904.
Attack on the forts at Shimonoseki, Japan, by the allied fleets under Admiral Kuper, 1864.
Anglo-Chinese Commercial Treaty signed, 1902.
H.R.H. Prince Alfred received by the Mikado of Japan, 1860. Chinese Court left Hsianfu
on the way to Peking, 1901. Assassination of Mr. McKinley, President of the U.S.A.,
1901. Sir James Mackay’s Treaty with China signed, 1902.
Attack on Dr. Greig, near Kirin, by soldiers, 1891. War breaks Out in China between
Chihli and Fengtien factions, 1924.
Great typhoon in Hongkong, 1867. H.I.H. Prince Tsai Hsun visits Hongkong, 1909.
Sir Hercules Robinson assumed the government of Hongkong, 1859. Floods near Swatow
rendering a million people destitute, 1911. Riots in Szechuan to protest against the use
of foreign capital for railway construction, 1911. Helena May Institute, Hongkong,
opened, 1916. Chinese Government announces its intention to assume the administra-
tion of Russian Concessions and Russian Government property in China, 1920.
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.
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. Sir Robert Hart died, 1911.
Convention signed at Chefoo by Sir Thomas Wade and Li Hung-chang, 1876.
Public Meeting in Hongkong with reference to the blockade of the port by the Chinese
Customs’ cruisers, 1874. Severe typhoon in Southern Japan, 1891. Funeral of Emperor
Mutsuhito, 1912.
Chinese transport “Waylee” driven ashore on Pescadores; upwards of 370 lives lost, 1887-
Death of Sir John Jordan, in London, 1925.
New Convention between Germany and China ratified at Peking, 1881.
The battle of the Yalu, in which the Chinese were defeated by the Japanese, losing five
vessels, 1894.
Destruction by fire of the Temple of Heaven, Peking, 1889. Loss in Kii Channel, near
Kobe, of the Turkish frigate “Ertogrul,” with 567 lives, 1890.
Typhoon at Hongkong, the most disastrous in the Colony’s history, 1906.
Allied Generalissimo reached Hongkong, 1900. Riots at Kumchuk, Kwangtung, 1900.
Farewell parade of Hongkong Police Reserve, formed during the war, 1919.
Count von Waldersee reached Shanghai 1900. Sir Robert Hart died, 1911. Typhoon afc
Swatow, 1891.
Chinese Govt, signed a contract with Messrs. Samuel & Co., of London, for a loan of
$10,000,000 for the development of Hankow, 1914. Appeal at Government House for
$1,500,000 to meet immediate needs of Hongkong University, 1919. Major Zanni, Ar-
gentine aviator, reaches Hongkong, 1924.
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.
H.M.S. “Rattler” lost off Japan, 1868. Piratical attack on the German barque “Apenrade,"
near Macao, 1869. The Satsuma rebels in Japan routed with great slaughter, their
leader, Saigo, killed, and the insurrection suppressed, 1877. Bomb thrown at Chinese
Commissioners when about to leave Peking for Europe, 1905.
Arrival of Governor Sir Henry A. Blake in Hongkong, 1898. Jubilee of Dr. A. H. Graves,
missionary labours at Canton celebrated, 1906.
Lord Napier arrived at Macao dangerously ill, 1834.
Commissioner Lin degraded, 1840. Lord Kitchener in Hongkong, 1909.
Yellow River burst its banks in Honan; calamitous inundation, 1887. H.A.L. str. “Lydia”
wrecked near Hainan Strait, 1910.
Satur. Hurricane at Manila, causing immense damage to shipping, 1865. S.S. “Charterhouse”
foundered in a typhoon off Hainan Head, 70 persons drowned, 1906.
Bun. All the Bogue forts destroyed by the British fleet, 1841. S.S. “Hsiesho” sank after striking
amine in Pechili Gulf, 1905.
THE CALEND&K^FOR 1928
OCTOBER—31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 6b. 15m. 6h. 11m. 1926 1927
15th 6b. 20m. 5b. 59m. Maximum ... 79.0 79.6
Minimum 70.9 70.9
Mean 74.5 74.8
MOON’S Paisss
d. b. m. BAROMETER, 1927, AT SEA LEVEL
Last Quarter ... 6 5 Mean ... 30.02 inches
New Moon ... 13 4 20 P.M.
First Quarter... 21 9 29 P.M. 1926 RAINFALL 1927
Full Moon ... 28 1L 7 P.M. 3.275 inches 5.420 inches
DAYS OF DAYS OF 8 & 9
CHRONOLOGY OF REMARKABLE EVENTS
WEEK MONTH MOONS
The Honykony Daily Dress started, 1867. Inauguration of Hongkong College of
Medicine, 1887. Hyogo declared an open port, 1892. Gold Standard adopted in Japan,
1897. British Section, Canton-Kowloon Railway opened, 1910. Arrival in Hongkong
of H.E. Sir R. E. Stubbs to assume the Governorship, 1919.
Tamsui bombarded by French, 1884. Piracy of s.s. Ningshin near Wenchow, 1924.
Serious riot at Hongkong, 1884. Treaty between France and Siam signed at Bangkok,
1893. Withdrawal of British steamers from West River, 1900. Chinese National
Assembly inaugurated, 1910.
Attack on foreigners at Wenchow, 1884. Terrible fire at Amoy, 1902. Typhoon at
Hongkong, 1894. Canton-Kowloon Railway opened for through traffic, 1911. Founda-
tion-stone of new wing to the Tung VVah Hospitai, Hongkong, laid by H.E. The
Governor to commemorate the Hospital’s Jubilee, 1920.
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.
Hongkong Government agreed to lend the Viceroy of Wuchang £1.100,000 to repurchase
from an American syndicate the Canton-Hankow railway concession, 1905. H.R.H.
Prince Alfred visited Peking, but not received by the Emperor, 1869. Great public
meeting at Hongkong to consider increase of crime in Colony, 1878. Chinese Court
left Kaifengfu on its way to Peking, 1901. Hongkong Legislative Council passed
a Bill to prevent trading with the enemy, 1914.
Supplementary Treaty signed at The Hague, 1848. French landing party at Tamsui
repulsed, 1884. Battle of Shaho, Russo-Japanese War, commenced. Ended 25th in
disastrous defeats of Russians; casualties 45,800 Russian ; 15,879 Japanese, 1904.
Tues. Shanghai captured, 1841. Chinhai taken, 1841. Official inspection of Tientsin-Kaiping Rail-
way, 1888. Shanghai-Woosung Railway placed under Chinese control, 1904.
Wed. Lord Napier died at Macao, 1834. Wreck off the Pescadores of the P. & O. str. “ Bokhara,”
with loss of 125 lives, 1892. Yuan Shih Kai inaugurated President of the Chinese
Republic, 1913.
The first Chinese merchant str. (“Meifoo”) left Hongkong for London with passengers to
establish a Chinese firm there, 1881. Outbreak of revolution in China at Wuchang, 1911.
Revolt in the Philippines, 1872. Eight Chinese banks in Peking suspended payment, 1910.
Ningpo occupied by British forces, 1841. First railway in Japan officially opened by the
Mikado, 1872. Allies capture Paotingfu, 1900.
Sun. Explosion on the Chinese trooper “ Kungpai,” loss of 600 lives, 1895.
Hon.
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.
Wed. St. John’s Cathedral, Hongkong, dedicated, 1842. Daring piracy on board the British str.
“ Greyhound,” 1885.
At a meeting of the Chartered Mercantile Bank of India, London and China, a scheme
of reconstruction was approved, 1892.
Great fire in Hongkong, 1859. Great typhoon at Formosa, 1861. Japanese Government
welcomed American Battleship Fleet, 1908.
Terrific typhoon at Manila; enormous damage to property, 1882. The Shanghai and
Woosung railway closed by the Chinese Government, 1877.
H.R.H. Prince Alfred arrived at Shanghai, 1869. Cosmopolitan Dock opened, 1875.
58 piratical vessels destroyed by Captains Hay and Wilcox, H.M. ships “ Columbine” and
“Fury,” 1849. Hongkong Legislative Council voted $100,000 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.
Note presented from the Powers to China advising the suspension of the monarchical
movement, 1915.
Portuguese frigate “ D. Maria II.” blown up at Macao, 1850.
Great fire in Hongkong, 1866. Fenghuang taken by the Japanese, 1894. Chinese Govern-
ment welcomed American Battleship Fleet at Amoy, 1908. Great battle at Shanhai-
kuau between Fengtien 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 CALENDAR FOR 1928
NOVEMBER—30 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
6h. 27m. 5h. 46m. 1926 1927
6h. 36m. 5h. 40m. Maximum ... ... ... 83.0 76.9
Minimum ... ... ... 60.9 67.1
Mean ... vw ... 68.9 71.0
MOON’S PEASES
d. h. BAROMETER, 1927, AT SEA LEVEL
Last Quarter... 4 2 Mean ... 30.08 inches
New Moon ... 12 9
First Quarter... 20 1 1926 RAINFALL 1927
Full Moon .. . 2.7 9 4.965 inches 1.825 inches
CHRONOLOGY O
ALL SAINTS DAY. The port of Quinhon, Annam, opened to foreisrn trade, 1876. Riotous dis-
turbances at Hongkong connected 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 service
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 resign, 1924.
Great fire at Macao, 500 houses burnt, 1834. Peking evacuated by the Allies, 1860.
PresidentYuan Shih Kai proclaimed Kuomintang a seditious organisation and unseated
438 members of Parliament, 1913. Manchu Emperor evicted from Imperial Palace and
Abdication Agreement revised, 1924.
English and French Treaties promulgated in the Peking Gazette, 1860. Indo-Chma
scr. “Tingsang” wrecked in Hainan Straits.
Fall of Tsingtao to Anglo-Japanere 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.
sination of Admiral Tseng Ju-cheng at Shanghai, 1915. Coronation of Er
Yoshihito of Japan, 1915.
H.M.S. “Racehorse” wrecked off Chefooin 1864. New Chinese Tariff came into force, 1901.
Disturbances at Shanghai, following measures to prevent a plague epidemic, 1910.
Armistice arranged in Great War. 1918.
Mon. Hongkong first lighted by gas, 1864. The Foreign Ministers had audience within the
Palace, Peking, 1894.
Tues. Earthquake at Shanghai, 1847. Macao Boundary Delimitation Conference at Hongkong
interrupted, 1909.
Wed. 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 Hongkong, 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 to Hongkong
by 60 pirates, who had gone aboard as passengers, 1922.
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.
Resignation enbloc of unofficial members of Hongkong Licensing Board as a protest against
the action of the Executive in restoring the licences of the Peak and Grand Hotels, 1916.
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.
M. Thiers accepts the apology of Ch’ung How, the Chinese Ambassador, for the murder
of the French at Tientsin (June 21st, 1870), 1871.
Wed. Foreign factories burnt at Canton, 1856. Great fire in Hongkong, 1867. Blake Pier,
Hongkong, opened, 1900.
Thurs. Opening of the Japanese Diet at Tokyo by the Emperor in person, 1890. Revolt of
troops at Macao, 1910.
ST. ANDRBW’S DAY. St. Joseph’s Church, Hongkong, consecrated, 1872. The Japanese
cruiser “ Chishima Kan ” sunk in collision with the P. & O. steamer “ Ravenna in
the Inland Sea, 61 lives lost, 1892. Armistice arranged between Chinese Revolutionists
and Imperialists, 1911. Manchu Emperor seeks sanctuary in Japanese Legation, 1924.
THE CALENDAR FOR 1928 xvii
DECEMBER—31 DAYS
SUNRISE SUNSET HONGKONG TEMPERATURE
1st 6b. 47m. 5h. 38m. 1926 1927
15th 6h. 55m. 5h. 41m. Maximum 76.5 70.2
31st 7h. 03m. 5h. 49m. Minimum 43.2 61.9
Mean 62.7 65.5
MOON’S PHASES
d. h. m. BAROMETER, 1927, AT SEA LEVEL
Last Quarter... 4 2 65 A.M, Mean ... 30.13 inches
New Moon ... 12 5 29 A.M,
First Quarter... 20 4 7 A.M, 1926 RAINFALL 1927
Full Moon ... 26 8 18 P.M. 1455 inches 1.370 inches
CHRONOLOGY OF REMARKABLE EVENTS
Queen Alexandra born, 1844.
2 21 1ST IN ADVENT. Large public meeting at City Hall, Hongkong, approves of new Club
for joint use of civilans, and services under Y.M.C.A. management, as the main War
Memorial of the Colony, 1920. Scheme dropped later.
MOD. 22 S. Francis Xavier died on Sanchoan, 1552.
Tues. First census of Hongkong taken, population 15,000, 1841.
Wed. 6 24 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.
Thurs. Q
>Fri. 7 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.
Satur. 8 27
Sun. 9 2ND IN ADVENT. 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 Piracy on board the Douglas str. " Namoa,” five hours after leaving Hongkong.
Captain Pocock and three others murdered and several seriously wounded, 1890.
Arrival in Hongkong of Governor Sir William Robinson, 1891. Formal transfer of
administration of former leased territory of Kiaochow by Japan to China, 1922.
Tues. Indemnity paid by Prince of Satsuma, 1863. Admiral Bell, U.S.N.,drowned at Osaka,
1867.
Wed. Imperial Decree stating that the Foreign Ministers at Peking are to be received in
audience every New Year, 1890.
Tburs. 2 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.
3
15 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.
16 3RD IN ADVENT. Memorial Stone of New Harbour of Refuge at Mongkoktsui laid by
H.E. Sir Henry May, 1915.
17 6 United States District Court for China opened at Shanghai, 1906. Sir W. Des Vceux,
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,
1919.
Tues. Sir Hugh Gough and the Eastern Expedition left China, 1842.
Wed. 8
Thurs. 9 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.
Fri. 21 10 Steam navigation first attempted, 1736.
-Satur. 22 11 Two Mandarins arrived at Macao with secret orders to watch the movements of
Plenipotentiary Elliot, 1836. .
Sun. 23 12 4TII IN ADVENT. 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.
Mon. 24 13 British Consulate at Shanghai destroyed by Are, 1870.
Tues. 25 14 CHRISTMAS DAY. Great fire in Hongkong, 368 houses destroyed, immense destruction
of property, 1878.
Wed. 15 BOXING DAY. ST. STEPHEN. Great fire at Tokyo, 11,000 houses destroyed, 26 lives
lost, 1897.
Thurs. Dedication of Hongkong Masonic Hall, 1865.
Fri. 17 Canton bombarded by Allied forces of Great Britain and France, 1857. S S. “ Hy-
drangea ” pirated by passengers in Bias Bay on her way from Hongkong to Swatow,
Satur.
Sun.
Mon. Dr. Sun Yat Sen elected Provisional President of the Republic of China, 1911.
xviii INESE FESTIVALS AND OBSERVANCES IN 1928
1928
Jan.
6 Slight Cold.
15 Worship of the god of the hearth at nightfall.
16 The god of the hearth reports to heaven. ' - x ;
21 Great Cold.
23 Chinese New Year’s Day.
Feb. Beginning of Spring.
6 Feast of Lanterns, Fete of Shang-yuen, ruler of heaven.
20 Coining of Eain.
22 Mencius born, B.C. 371. Fete of the gods of land.
23 Fete of the god of literature, worshipped by students.
Mar, FSte day of Hung-shing, god of the Canton river, powerful to preserve
people from drowning, and for sending rain in times of drought.
10 Fete of Kwanyin, goddess of mercy.
21 Vernal Equinox,
Apr, Tsing-ming or . Tomb Festival; . on this day people worship at theis*
ancestors’ graves.
20 Corn Eain.
22 Fete of Hiuen T’ien Shang-ti, the supreme ruler of the sombre heavens-
and of Peh-te, Tauist god of the North Pole.
May Beginning of Summer.
12 Fete of Tien Heu, Queen of Heaven, Holy mother, goddess of sailors.
21 Small Fullness.
June FSte of Kin Hwa, the Cantonese goddess of parturition.
6 Sprouting Seeds.
22 Summer Solstice. National f§te day. Dragon boat festival and boat races..
30 National f§te of the son of Kwan Ti, god of war.
July Anniversary of the Formation of Heaven and Earth.
7 Slight Heat.
23 Great Heat.
Aug. FSte of the Goddess of Mercy.
8 Beginning of Autumn.
9 Fete of Kwan Ti, god of war.
15 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, bum
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.
21 Fete of the seven goddesses of the Pleiades, worshipped by women.
23 Heat Abating.
29 Fete of Chung Yuen, god of the element earth.
Sept. Fete of the god of wealth.
8 White Dew.
12 F6te of Ti Ts’ang-wang, the patron of departed spirits.
23 Autumnal Equinox.
28 National fete day. Worship of the moon, and Feast of Lanterns.
Oct. Cold Dew. FSte of the god of the Sun.
10 Fete of Confucius (born 552 B.C.), the founder of Chinese ethics and politics.
21 Chung Yang Festival, kite-flying day; people on this day worship at their
ancestors’ graves and ascend mountains for pleasure.
24 Frost Descent.
Nov. Beginning of Winter.
9 Fete day of Hwa Kwang, the god of fire.
22 Slight Snow.
26 Fete day of Ha Yuen, the god of water.
Dec. Heavy Snow.
Winter Solstice.
INDEX TO ADVERTISERS
PAGE PAGE
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Tientsin Front fly leave GALVANIZED SHEET MANUFACTURERS:—
•CABLE & TELEGRAPH CODES W. Gilbertson & Co., Ld., Pon-
Acme Code Co., U.S.A 1050D tardawe, Nr. Swansea xxxvii
CEMENT MANUFACTURERS GERMAN ADVERTISEMENTS :—
Indo-China Portland Cement Co., Kolnische Illustrierte Zeitung ... 136A
Ld., Haiphong (Indo-China) ... xli Kolnische Zeitung 136B
Kolnische Zeitung Wochen-Uns-
■CHEMICAL PRODUCTS gabe 136B
L’Air Liquide, Kobe 452B
GLASS MANUFACTURERS:—
COAL MERCHANTS :—
S. & C. Bishop & Co., Lancashire... 1
Dodwell & Co., Ld 902A Yao Hua Mechanical Glass Co.,
Kailan Mining Administration,
Tientsin Front fly leaf Ld., Tientsin Front fly leaf
Mitsui Bussan Kaisha, Japan and HARDAVARE MANUFACTURERS:—
China xxxviii Rapid Magnetting Machine Co.,
Sun Man Woo Co xxxix Ld., Birmingham li
•CORAL & PEARL MERCHANTS :— HOSE, BELTS, TYRES,etc.:—
F. G. Liguori, Kobe 452B Netherlands Gutta-Percha Co.,
G. Liguori & Sons, Kobe 452c Singapore 1050c
(Continued on Pages xxiv-xxv.)
XX PETROLEUM REFINERS
SHELL MOTOR SPIRIT - - -
SHELL AVIATION SPIRIT
SHELL MOTOR LUBRICATING OIL
KEROSENE FOR ALL PURPOSES -
FUEL OIL FOR ALL PURPOSES -
CANDLES, LUBRICATING OILS -
PARAFFIN WAX, etc., etc. - -
SHELL MINERAL TURPENTINE -
BITUMINOUS PAINT - - -
Oil Fuel for Motor Ships, Steamers’ Bunkers and Industrial Purposes at:—
ft Aalesund a Chunking a Las Palmas i Pangkalan a Seattle (Washington)
Aberdeen a Colombo a Leghorn Berandan ft Seville
a Adelaide a Lisbon i Penang a Shanghai
a Constanza a Liverpool a Singapore
Alexandria ft Copenhagen a London( Shell Ha- i Pernambuco
a Amsterdam a Curacao ven and Thames t Piraeus a Sourabaya
Antologasta Haven) Portland (Oregon) a Southampton
ft Antwerp a Fremantle a Macassar Port Said ft Stockholm
a Avonmouth a Madras s Port Sudan
a Balboa (Panama a Gibraltar Malta Puerto Mexico a Stanlow
Canal) Glasgow a Manila i Pulo Bukom 6 Svolvear
a Balik Papan ft Gothenburg Maracaibo : Puloe Samboe a Sydney
a Bangkok ft Granton a Marseilles
a Barcelona a Hamburg a Melbourne i Rio de Janeiro a Tarakan
a Barton (Manches- a Hankow a Miri : Rotterdam Trieste
ter Ship Canal) Havana a Mombasa s Rouen a Trinidad
Montevideo s Sabang ft Trondhjem
6 Bergen a Hong Kong a Montreal s Saigon Tuxpan
a Bilboa Honolulu a Nagasaki ’■St. Nazaire a Vado
a Bombay a Hull a Naples St. Vincent a Valencia
a Brisbane a Ichang a New Orleans : Saitozaki Valparaiso
a Buenos Ayres a Iloilo a New York : San Francisco a Vancouver
a Calcutta Iquique San Juan a Venice
a Canton a Jarrow-on-Tyne ft Oslo (Porto Rico) Vera Cruz
a Cape Town a Karachi a Palembang i San Pedro a Wellington
a Cebu a Kobe a Palermo Santos a Yokohama
a Diesel Oil as well as Fuel Oil available. ft Diesel Oil only available.
Asiatic Petroleum Co., Ltd.
CHINA, STRAITS, SIAM, INDIA,
PHILIPPINES
Rising Sun Petroleum Co., Ltd.,
JAPAN AND FORMOSA
SAYINGS SOCIETY xxi
HEAD OFFICE: PARIS OFFICE:
7, Avenue Edward VII,
SHANGHAI. 85, Rue St. Lazare,
INTERNATIONAL SAVINGS SOCIETY.
A PUBLIC SAVINGS COMPANY
With an Authorized Capital of Shanghai Taels 65,000, half
paid up, and Francs 2,000,000, quarter paid up.
Founded in 1912, and registered under the French Government
Laws of 24th July, 1867, and 1st April, 1893.
Recorded at the French Consulate General at Shanghai as a French Company, in
conformity with the decree of 19th February, 1925 (No. 3 du Registre
$Immatriculation) and Registered at the Board of Trade in France
(Ministere du Travail et de la Frevoyance Sociale) and at the Chinese
Board of Finance, Peking.
T HE INTERNATIONAL SAVINGS SOCIETY issues Premium Bonds of
$2,000 each payable by monthly instalments of $12 during a period of 13
years and 10 months.
At the end of the 15th year, the bonds are redeemed at par, receiving also a
share of the surplus over and above 5^% interest earned on investments. The
bonds, however, can be redeemed before the end of the 15th year, for on the 15th
of every month, 25% of the premiums received is distributed among the bond-
holders by way of drawing, one bond out of every 2,000 bonds in force being
redeemed in full, that is, receiving $2,000, its nominal value.
There is also one progressive cumulative reimbursement equal in value to
$0.50 for every bond issued: thus at the drawing of the 15th July 1927, 70,659
bonds participated: therefore, the progressive cumulative reimbursement
amounted to $35,329.00.
Besides, there were 35 reimbursements of $2,000 each, 35 of $300 each, 35 of
$200 each and 35 of $100 each as well as 7,066 of $12 each.
Premium Bonds are not to be confused with lottery tickets. In the latter,
luck rules, and a few lucky people win to the loss of the great majority of
unlucky people.
Premium Bonds are first and foremost a saving as well as an investment,—an
investment which offers unique facilities.
Your small monthly sum of $12 is invested for you in gilt-edged securities
and guaranteed by our Mathematical Reserve which on the 30th June, 1927,
amounted to over $19,000,000.
Also, after two years’ premium have been paid on a bond, loans can be
obtained on same, or it can be surrendered.
For full particulars, apply to—
I INTERNATIONAL SAVINGS SOCIETY,
7, Avenue Edward VII, Shanghai.
:xxii FRENCH BANKS
BHRQUe D€
PARIS ec DCS PA^S-BAS
ESTABLISHED 1872.
CAPITAL (Fully Paid) ■ Frs. 200,000,000
RESERVE FUNDS ■ - Frs. 171,700,000
(On December 31st, 1926)
HEAD OFFICE: 3, Rue dTSntin, PARIS
Travellers’ Office: 88, Champs Elysees, PARIS
BRANCHES:
AMSTERDAM, BRUSSELS, GENEVA
Correspondents in all parts of the World
EVERY DESCRIPTION OF BANKING BUSINESS TRANSACTED
Telegraphic Address: "PARIBAS”
(For Head Office and Branches)
[FRENCH BANKS XX Ilk
Banque Franco-Chinoise
Pour le Commerce et (’Industrie
formerly called
“Soci£te Francaise de GiiRance de la Banqie Irdestrielle de Chine.”
Subscribed Capital (entirely paid up) Frs. 40,000,000
Surplus and Reserves Frs. 13,275,000
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. Nationale
J. AUDAP, Manager, L. PISSARD,
Secretary, Former Permanent
Home Office, Assistant
Paris.
de Credit, Paris.Banque H. POIRIER, Director, Banque Fran-
M. CASENAYE, Minister Plenipotentiary. gAISE & Italienne pour l’Amerique
J. CHEVALIER, Manager, Banque de
Paris et des Pays-Bas. DU SUD.
A. E. REGNAULT,
dAxgerie etDirector, CreditParis.
Foncier
M.E.FURST, Hanker,Manufacturer,
GRAMMONT, Paris. Saigon. R. SALLE. de Tunisie,
E.E. OGIER,
OUDOT, Former State Minister.
Manager, Banque de Paris TAILegation,
MING FOU,Brussels.
First Secretary, Chinese.
et des Pays-Bas.
A. DE CELLES, French Government Commissioner.
G. CARRERE, General Manager.
Branches:—
France: I Indo-China: China:
PARIS I PEKING I SHANGHAI
LYONS HAIPHONG I YINH-BENTHUY
SAIGON PNOM PENH
HONGKONG | TIENTSIN
MARSEILLES HANOI TOURANE
HEAD OFFICE Paris : 74, rue Saint-Lazare.
LONDON Representative:—!, Broad Street Place, E.C. 2.
Bankers:—
France:
Banque de Paris et des Pays-Bas. | Banque Nationale de Credit.
Societe Generale pour Favoriser le Commerce et l’Industrie.
London:
Midland Bank, Ltd. (Overseas Branch), j Banca Commerciale Italiana.
Lloyds Bank, Ltd. (Colonial and Foreign Department).
New York:
Irving Bank Columbia Trust Co. I Manufacturers Trust Co.
Banca Commerciale Italiana. | American Exchange Pacific National Bank.
Correspondents Throughout the World
XXIV INDEX TO ADVERTISERS—Continued
Page Page
Hotel: —
Runymede Hotel, Penang 1080b Manufacturers
Nitrogen
of Hydrogen and
Plants:—
Importers and Exporters:— L’Air Liquide, Kobe 452b
A. Cameron & Co., Ld., Kobe...Back cover Merchants, A.B.C.
Commission Agents, Etc. : —
Directory of Merchants and
Dodwell & Co., Ld 902a Manufacturers
Jardine Engineering
S’hai.Bros.,
and H’kong....Corpn.,
Inside Ld., cover Arculli,
back1080a Brothers (British) xlv
xxxvi
Katz Penang Brunner, Mond k Co. (Japan), Ld.,
Kobe
Marcus Harris & Lewis, Kobe ... 452c Cameron & Co., Ld., A., Kobe, Back cover 452a
Mitsui
JapanBussan Kaisha, China andxxxviii Kai Dodwell
Nabholz Chong& Co.,
k Go.,LdMacao 902a
xxxvii
Pearce & &Co.,Co.,Kobe
Yokohama 440a
452d Katz Bros., Ld., Penang
Liguori, F. k G,., Kobe
1080a
452b
Strahler & Co., Inc.,
Sulzer, Rudolph & Co.,Yokohama...
Yokohama 440b 440b Liguori, G. & Sons 452c
Marcus
Meyer HarrisSingapore
Bros., k Lewis, Kobe ... 1050a 452c
Industrial Chemicals :— Mitsui Bussan Kaisha, China and
Brunner, Mond & Co. (Japan), Ld., Japan & Co., Yokohama xxxviii
Kobe 452a Nabholz 440a
Insurance: Life, Fire and Marine :—
A.Canton
Cameron & Co., Ld., Kobe...Back cover Pearce kkCo.,
Owston Co.,Kobe
Ld., F., Yokohama 452d 440a
Fire Insurance Office, Ld. Sincere Co., Ld., Shanghai xxxvii
StrahlerRudolph
Inside back cover Sulzer, k Co., Inc.,
& Co.,Yokohama...
Yokohama 440b 440b
Dodwell United
Eastern & Co., LdAssurance Cor- 902a Sun Man Woo Co xxxix
poration, Ld., Singapore 1050/ Metal Merchants :—
'General Accident, Fire and Life Brunner, Mond k Co. (Japan), Ld.,
Hongkong Fire Insurance Co., cover Cameron
Assurance Corpn., Ld. ... Front Kobe k Co., Ld., A., Kobe Back cover 452a
Ld
Katz Bros., Ld., Penang Inside back cover
1080a Sun Man Woo Co xxxix
Meyer Bros.,Assurance
Prudential Singapore Co., Ld., 1050a Navy Contractors :—
England Sun Man Woo Co
Front cover Newspapers xxxix
Do xliv Hongkong :—
SincereRudolph
Sulzer, Co., Ld., Shanghai xxxvii Hongkong Weekly Press ... do. & leave
Daily Press ... Back fly
628a
Union Insurance&Society Co., Yokohama
of Can- 440b North China Daily News k Herald... xl
ton, Ld. Hinge of cover Oil Merchants :—
.Japanese Goods Dealers:— Asiatic Petroleum Co, Ld xx
Marcus Harris & Lewis, Kobe ... 452c Rising Do. Sun Petroleum ...Co., Japan
Front cover
xx
Pearce & Co., Kobe 452d Wakefield k Co., C. C., Singapore
Lifting Tackle and Hydraulic Tools:— and Penang (Castrol Motor Oil) 1050c
Ruston k Hornsby, Ld., Lincoln Oxy-Acetylene Welding k Cutting:—
Inside front cover L’Air Liquide, Kobe 452b
Machinery :— Paint Merchants :—
Brunner, Mond k Co. (Japan), Ld., Sun Man Woo Co xxxix
Kobe k Co., Ld., W., Pontar- 452a Paper Manufacturers :—
Gilbertson Johnston,
London Horsburgh k Co., Hi
H’kong. &Nr.Whampoa
dawe, SwanseaDock Co., Ld.xxxvii 914b
Jardine Engineering Corpn., Ld.,
S’hai.Magnetting
Rapid & Hkong. Machine back cover Kai Chong & Goods
... InsideCo., Photographic Dealers:— xxxvii
Co., Macao
Ld., Birmingham li Piece Goods (Cotton and Silk)
Ruston & Hornsby, Ld., Lincoln Merchants:—
Thornycroft (Singapore),Inside Ld. front cover Nabholz & Co., Yokohama
... 1050b Pearce & Co., Kobe
440a
452d
INDEX TO ADVERTISERS—Continued XXV
Page Page
Plummer Blocks & Hangers Steamship Lines :—
TheLd.,Ekman
ShanghaiForeign Agencies, 628b Blue Apcar Line xxxii
Printing & Binding BritishFunnel
IndiaLine
S. N. Co., Ld. ... xxxii 902b
Canadian
Hongkong Daily Press, Ld. ... 452d Dodwell & Co., Ld Pacific S.S., Ld xxxiv
Railways:— Ellerman & Bucknall S.S. Co., Ld... 902a
Shanghai-Hangchow-Ningpo Inside front cover
Lines xxxi Douglas Steamship Co xxxv
Shanghai-Nanking Line xxxi Eastern and Australian
Glen & Shire Lines Line ...xxxvi xxxii
Rubber Companies:— Indo-China Steam Nav. Co
Owston & Co., Ld., F., Yokohama 440a xxxiii
Netherland Gutta-Percha Co.,
Singapore (Shanghai Agency)... 1050c P. & O. S. N. Co xxxii
Katz Bros., Penang 1080a Storekeepers :—
Savings Society:— Kai Chong Co., Macao xxxvii
International Sincere Co., Ld., Shanghai ... ...xxxvii
Shanghai Savings Society, xxi Sun Man Woo Co ... xxxix
Shipbuilders :— Tea and Rubber Chest Manu-
facturers:—
H’kong. & Whampoa Dock Co. ... 914b Luralda, Ld., London 1
Mitsui Bussan Kaisha, Japan and
China xxxviii Trade
and
Marks of British Merchants
Manufacturers l
Thornycroft (Singapore), Ld. ... 1050b
Shipchandlers :— Wines and Spirit Merchants:—
Sun Man Woo Co xxxix Caldbeck, Macgregor & Co., Ld.,
Top and bottom edge of book
Silk Merchants-— DaiJapan
Nippon
A.China
Cameron &
Cotton Co.,
& Ld.,
Silk ¥Lohe...Back
Works, Ld., cover (Mitsui BussanCo.,
Brewery Ld.,
Kaisha,
Shanghai 628b sole agents)...
Mackie, Todd & Co., xlii
Nabholz & Co., Yokohama 440a Findlater,Ld., London—
Strahler & Co., Inc., Yokohama...
Sulzer, Rudolph & Co., Yokohama 440b 440b “Old Liqueur” Whiskies
Socks & Stockings Manufacturers:— “Dry Club”426b, 750b, 966b, 1042b,
Sherry...508b, 978b, 1220b
1264b
China Cotton & Silk Works, Ld., “Dry Club” Sherry (S. Lilicrap,
Shanghai 628b Shameen, C’ton. Distributors) 81 4b
“Treble Diamond” Port
Split Belt Pulleys & Lineshafting “Treble Diamond’’Port 788b,(Gilman
1028b, 1168b.
Accessories:—
The Ekman Foreign Agencies, k Co., H’kong. Distributors)... 852b
Ld., Shanghai 628b “Treble
k Diamond”
Riddle, S’hai. Port (Inniss 618b-
Distributors)
Sporting
Kai Chong Goods
& Co.,Dealers:—
Macao...,.., xxxvii Kloster Beer Ld.,
(Ljor,S’pore.
Headagents...
Brand), 1050b-
Katz Bros.,
Stevedores:— Woollen Goods Manufacturers:—
F. Owston & Co.,,Ld., Yokohama 440a E. Spinner k Co., Manchester and
Sun Man Woo Co xxxix Bombay li
xxvi BANKS
Hongkong and Shanghai Banking Corporation.
AUTHORISED
PAID-UP CAPITAL CAPITAL $50,000,000
RESERVE FUNDS $20,000,000
STERLING
SILVER £6,000,000
$14,000,000
RESERVE LIABILITY OF PROPRIETORS $20,000,000
COURT OF DIRECTORS:
CHAIRMAN—A. H. COMPTON, Esq. Esq.
W. H.Hon.BELL,
Me. Esq.G.DEPUTY
D. M.
CHAIRMAN—N.
BERNARD. I C.S. G.BROWN,
W.8. L.MACKIE,
PATTENDEN,Esq. Esq.
A. MACGOWAN, Esq. | T. G. WE ALL, Esq.
H. P. WHITE, Esq.
AMOY BRANCHES, AGENCIES
BANGKOK HONGKONG
AND { t-AGENCIES:
PENANG
BATAVIA ILOILO
IPOH RANGOON
BOMBAY JOHORE SAIGON
CALCUTTA KOBE LUMPUR SAN FRANCISCO
CANTON KUALA SHANGHAI
■CCOLOMBO
HEFOO LONDON Do. (HONGKEW)
SINGAPORE
DAIREN LYONS
MALACCA SOURABAYA
FOOCHOW
HAIPHONG MANILA SUNGEIPATANI
HAMBURG MUKDEN
NAGASAKI TIENTSIN
TOKYO
HANKOW
HARBIN NEW YORK TSINGTAU
PEKING YOKOHAMA
CHIEF MANAGER: Hongkong—Hon. Mr. A. C. HYNES.
MANAGER: Shanghai—A. B. EOWSON.
LONDON OFFICE—9, GRACECHURCH STREET.
LONDON BANKERS:
WESTMINSTER BANK, LIMITED.
HOIVOKOTVO.
Interest Allowed - -
On Current Deposit Accounts at the rate of 2 per cent, per annum an
the daily balance.
On Fixed Deposits:—
Bates may he ascertained on application.
LOCAL BILLS DISCOUNTED.
Credits granted on approved Securities, and every description of Banking and
Exchange business transacted.
Drafts granted on London and the chief commercial places in Europe, India,
Australia, America, China and Japan.
A. C. HYNES,
Hongkong, March, 1928. Chief Manager.
BANKS xxvii
Chartered Bank of India, Australia and China
Head Office: —38, BISHOPSGATE, LONDON.
INCORPORATED BY ROYAL CHARTER.
CAPITAL, in 600,000 Shares of £5 each £3,000,000
RESERVE FUND £4,000,000
Court of Directors
Sir MONTAGU CORNISH TURNER, | EDWARD FAIRBAIRN MACKAY, Esq.
Chairman. Wm. FOOT MITCHELL, Esq., m.p.
COLIN FREDERICK CAMPBELL, Esq. ARCHIBALD ROSE, Esq., c.i.e.
Sir Wm. H. NEVILLE GOSCHEN, k.b.e. LEWIS ALEXANDER WALLACE, Esq,
ARCHIBALDAULDJO JAMIESON,Esq. [ JASPER BERTRAM YOUNG, Esq.
CDief manager
W. E. PRESTON
managers
J. S. BRUCE I G. MILLER
Sub-manager
J. L. CROCKATT
Auditors
DAVID CHARLES WILSON, f.c.a.
HENRY CROUGHTON KNIGHT STILEMAN, f.c.a.
Bankers
Bank of England
Midland Bank, Limited
Westminster Bank, Limited
National Provincial Bank, Limited
The National Bank of Scotland, Limited
Agencies and Branches
Alor Star (Malay States) Haiphong Madras Seremban (F.M.S.)
Amritsar Hamburg
Hankow Manila Shanghai
Bangkok Hongkong Medan Singapore
Batavia Iloilo New York SoURABAYA
Bombay Ipoh Peking Taiping (F.M.S.)
Calcutta Karachi Penang Tavoy
Canton Klang Peshawar Tientsin
Cawnpore Kobe Puket Tokyo
Cebu Kuala Kangsar Rangoon Tsingtao
Colombo Kuala Lumpur Saigon Yokohama
Delhi Kuching Semarang Zamboanga (Philippine
Islands)
Correspondents in the Chief Commercial places throughout the world.
3, Queen’s Eoad, Hongkong, March, 1928. J. R. GEORGE, Manager.
-xxviii BANKS
THE
Mercantile rank
of ]ndia, limited.
Authorised Capital £3,000,000
Paid-up £1,050,000
Reserve Fund and Undivided Profits ...£1,545,667
HEAD OFFICE: 15, CRACECHURCH ST., LONDON, E.C. 3.
BANKERS:
The Bank of England. Midland Bank, Ltd.
BRANCHES:
BANGKOK HOWRAH PENANG
BATAVIA KANDY PORT LOUIS (Mauritius)
BOMBAY KARACHI
■ CALCUTTA KOTA BHARU RANGOON
SHANGHAI
COLOMBO KUALA LUMPUR
DELHI KUANTAN SIMLA
GALLE MADRAS SINGAPORE
HONGKONG NEW YORK SOURABAYA
HONGKONG BRANCH.
Every description of Banking and Exchange business transacted.
INTEREST allowed on Current Accounts at 2 per cent,
per annum on the Daily Balances and. on Eixed Deposits at rates that
may be ascertained on application.
Telegraphic Address: "PARADISE.”
C. L. SflNDESt
Hongkong, ist January, 1928. Manager.
BANKS xxix
THE
NHTIONHL CITY BHNK
OF
NEW YORK.
Capital, Surplus and Undivided Profits - - U.S. G. $145,000,000
‘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:—
55, WALL STREET, NEW YORK.
Branches in:—
ARGENTINE CUBA ITALY PERU
BELGIUM DOMINICAN JAPAN PORTO RICO
BRAZIL REPUBLIC JAVA STRAITS
CHILE FRANCE LONDON SETTLEMENTS
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.
R. M. McLAY,
Hongkong, i ith January, 1928. Manager.
XXX BANKS
The Bank of Canton,
Limited.
Head OfficeHONGKONG.
Authorized Capital ... ... ... Hongkong $11,000,000
Capital, Paid Up ,, $8,665,600-
Reserve Fund ... ,, $850,000
Branches:
NEW YORK, SAN FRANCISCO, SHANGHAI, CANTON,
HANKOW, BANGKOK.
Correspondents:
In all the Principal Cities of the World.
London Bankers z-THE. LLOYDS BANK, LIMITED.
Foreign Exchange and General Banking Business Transacted.
Current and Savings Accounts Opened, Fixed Deposits Received and Safe
Deposit Boxes for Rent.
LOOK POO IMG SHA1M, Chief Manager.
HONGKONG SAVINGS BANK.
The Business of the above Bank is conducted by the
HONGKONG AND SHANGHAI BANKING CORPORATION.
Buies may be obtained on application.
INTEREST on Deposits is allowed at Per Cent. Per Annum
on the minimum monthly balances.
Depositors may transfer at their option balances of $100 or more to the Hongkon©
and Shanghai Bank, to be placed on FIXED DEPOSIT at currenUrates
For the Hongkong and Shanghai Banking Corporation,
A. C. HYNES,
Hongkong, March, 1928. Chief Manager-
RAILWAYS xxxi
First Class Cuisine Rapid travel in
at Reasonable Charges. Safety and Comfort.
CDinese Gooernimm Railuw*
Shanghai-Nanking
and
Shanghai-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 Daily
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, Historical Monuments, and
Interesting Pagodas, etc., along These 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.
xxxii SHIPPING
P. & 0.,B, I., APCAR
AND
EASTERN & AUSTRALIAN LINES
Companies incorporated in England.
ROUND THE WORLD TOURS. CIRCULAR TICKETS via SUEZ.
DIRECT STEAMERS: JAPAN, CHINA, AUSTRALIA.
MAIL and PASSENGER SERVICES
(Under Contract with H.M. Government)
TO
Shanghai, Japan, Straits, Java, Burma, Ceylon,
India, Persian Gulf, West Indies, Mauritius,
East and South Africa, Australia, New
Zealand, Egypt, Europe, etc.
For full Information, Passage Fares, Freight, Handbooks,
Dates of Sailing, etc., apply to
MACKINNON, MACKENZIE & CO.,
Telephone No. 19. Agents.
SHIPPING xxxiii
fnWCjiittit Steam Itatiiaatioit Ccr., PV
Fleet:—39 Steamers. 104,926 Gross Tons.
TheKumsang,
Company’sNam Ocean
sang, Laisang, ana Coasting
Mausang, FleetSteamers:
Suisang, Yuensang, Jfuisarig, Uosang,
Kwaisang, Kwongsang,
shing, .Chipshing, Fuoshing,
Waishing, Yatshing,
Yusang, LeesangTingsang, Fausang,Fooksang,
and Mingsang. Hopsang, Hinsang,
Hangsang,Chaksang,
Cheong-
TheLuenho,
Company’s Yangtsze River FleetSteamers: jS'rmjrwo, jLoonjrwo,
Siangwo.Suiwo, Pingwo, Kutwo, Kiangwo, Tungwo, Changwo, Fuhwo, Kingwo, Kiawo and
SERVICES.
service CALCUTTACalcutta,
between AND JAPAN
Penang, LINE. —An excellent
Singapore, Hongkong, fleetAmoy,
of freight
Shanghai andandpassenger steamersThemaintain
Japan ports. a this
regular
vessels onNamsang,run
leave
LaUang Hongkong
and Foot for the
sang, above
all of ports
which approximately
have superior every
and 10 days
up-to-date and include
first-class the Kutsang,
passenger Hosang, Kummvg,
accommodation, and are fitted
with
throughwireless.
Bills of Fully
Ladingqualified doctorsPortareSwettenham,
to Rangoon, carried., Round
Madrastrips and toDutch
JapanEastatIndies.
moderate rates. Cargo accepted on
and HONCKONC-SNANCHAI
Shanghai via Swatow, LINE—Sailings
and vice-versa. approximately every two to three
the days betweenYatshing,
Canton, Hongkong
Hopsang, Hangsang and Waishing which haveSteamers
a limitedonamount
this lineof passenger
include accommodation.
Kwongsaag, Fooshing,
Through tickets and
Hills of Lading issued to all Northern and Yangtsze ports.
Weekly through sailings are maintained by steamers on the above line to Tsingtao and in the Seasons
to Pukow.
December CANTON-HONCKONC-TIENTSIN LINE.—A regular Service is run on Schedule from the end of February to
every 10 days.between Hongkong and Tientsin, occasionally calling at Weihaiwei and Chefoo, steamers leaving about
Mausavg,BORNEO LINE.—Fortnightly
both steamers having goodsailings
passengerbetween Sandakan andCargo
accommodation. Hongkong
accepted are maintained
on throughbyBillstheofHinsang
Lading andfor
Kudat. Jesselton, Labuan, Tawao and Lahad Datu.
SHANCHAI-WEIHAIWEI-CHEFOO
leave about every three AND TIENTSIN LINE. — The new steamers Fausang, Tingsang and leesang
during the Winter months.days. Sailings from Shanghai Wednesdays and Saturdays. A modified service is maintained
SHANCKAI-TSINCTAO
and Friday. LINE.—A bi-weekly service is maintained, steamers leaving Shanghai every Tuesday
YANCTSZE LINE.
five sailingsportfromwithShanghai— The
everytwinKiangwo,
weekscrew steamers Kungwo,
for Chinkiang, Loongwo, Tuckwo, Suiwo, Kutwoconnecting
and Luenhoatmaintain
mentioned
Ichang on Mondays the
and steamers
Thursdays, calling Pingwo
at andNanking,
Xochow Tungwo.
and
Wuhu,
The The
Shasi.
Kiukiang
Kiangwo,
Changwo
and Hankow
Tungwo andHankow
leaves Siangwoweekly, the lastfor
leave Hankow
calling at
Yochow, Changsha and Siangtan.
connect ICHANG-CHUNCKINC LINE. — Thes. s . Fuhwo and Kiawo, the largest vessels now operating through the Gorges,
maintainswithsailings
the Company’s Hankow,andIchang
between Ichang and Lower
Chungking duringRivertheService
low waterduringseason.
the summer
Thesemonths,
steamersandhave
the excellent
Kiangwo
first-class passenger accommodation and are fitted throughout with electric light.
Round attripreduced
and vice-versa, ticketsrates.
are issued From SHANGHAI To HANKOW and From TIENTSIN To SHANGHAI,
Jardine, Matheson & Co., Limited,
General Managers, Hongkong and Shanghai
B
xxxiv 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 17 dags, from Shanghai in 14
dags, and from Japan in 9 dags.
Through Tickets and Bills of Lading
issued to points in the U.S.K., 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 XXXV
Douglas Steamship Companp, £«
HONGKONG AND SOUTH CHINA COAST-PORT SERVICE.
Regular Service of Fast, High-Class Coast Steamers, having good
accommodation for First-Class Passengers, Electric Light
and Fans in State-rooms, and Wireless Telegraphy.
Arrivals and Departures from the Company's Wharf
(near Blake Pier).
Sailings to Swatow, Amoy and Foochow on Tuesdays and Fri^
days. Round trip to Foochow, calling at Swatow and
Amoy, occupies about eight to nine days. Stay ©of
Steamers at Swatow and Amoy on upward and downward
trip about 8 hours. Stay at Foochow 48 hours.
Round Trip Tickets will be issued from Hongkong to Foochow
(Pagoda Anchorage) and Return by the same steamer at
the reduced Rate of $80.00 including Meals while the
•steamer is in port.
FLEET OF STEAMERS:—
CHAINING” Tons 2,300
“ HAIYANG ” „ 2,289
“ HAICHING ” „ 2,080
“ HAIHONG ” „ 2,067
For Freight and Passage apply to:—
DOUGLAS LAPRAIK & Co.,
General Managers,
P. & O. Building (4th Floor), Hongkong.
Agents at Coast Ports:—
At Amoy—Messrs. DOUGLAS LAPRAIK & Co.
At Swatow and Foochow—Messrs. JARDINE, MATHESON & Co., Ltd.
xxxvi SHIPPING AND MERCHANTS
GLEN & SHIRE
DIRECT TO
STRAITS, CHINA, JAPAN
AND
VLADIVOSTOCK.
Fortnightly Service
Hamburg, Middlesbro’,
Immiiigham,ltot' dam.,
Antwerp and
For Passage and Inward
Freight, Apply:
GLEN LINE, Ltd.
For Outward
Insurance,Freight
Apply:and '
McGregor, Gow &
Holland, Ltd.
20, Billiter St.,
London, E.C.3.
ArculH Brothers,
MERCHANTS and COMMISSION AGENTS,
EXCHANGE BUILDING.
Telegraphic Address: “CURLY.” Telephone No. £09.
SOLE AGENTS FOR:-
ACORN BRAND” ELASTIC BOOT WEB and BOOT
LOOPING of Messrs. Flint, Pettit & Flint, of
Leicester, England.
MERCHANTS xxx vii
ft
Established Capital
1900 A.D. H.K. $7,000,00
ft ft ft ft
m m
n a ^ ft
m m f K
m ^
% pit
w m ft ^
m PS pa ps
& 2- &
vl p\
THE Ltd.
TIENTSIN, HONG KONG, SHANGHAI, CANTON, LONDON.
China’s Pioneer Department Store
Genera! Managers of
THE SINCERE INSURANCE & INVESTMENT Co., Ltd.
THE SINCERE LIFE ASSURANCE Co., Ltd.
THE SINCERE Co. (PERFUMERY MANUFACTURERS), Ltd.
GALVANIZED SHEETS,
BLACK SHEETS,
“COMEr BRAND.
W. GILBERTSON & Co., Ltd., PONTARDAWE, Nr. SWANSEA.
London TIddress; Bush House, TUdwych W.C. 2.
:ff 1 gfc Kai Chong Hong
Kfll CHONG 6 CO..
GENERAL MERCHANTS AND COMMISSION AGENTS, PHOTOGRAPHIC
GOODS AND SPORTING GOODS DEALERS.
13, Avenida Almeida Ribeiro, MACAO.
P.O. Box 36. Tel. Ad: “CHAI.” Codes: Bentley’s, A.B.C. 5th Edn.
TSOI HAK TING, Proprietor. WING KWONG CHAI, Manager and Proprietor.
HO KWOK PUL HO WAI KUL
COAL MERCHANTS, ETC.
MITSUI BUSSAN KAISHA, Ltd.
TOKYO.
(Mitsui Co., Ltd,, in Europe & America.)
IMPORTERS, EXPORTERS. GENERAL COMMISSION
MERCHANTS AND SHIPBUILDERS.
HEAD OFFICE:
Nihonbashihoncho, TOKYO.
JAPAN:— BRANCHES AND REPRESENTATIVES:
KARATSU MOJI OSAKA WAKAMATSU
KISHIMA
KOBE MURORAN OTARU YOKOHAMA
KUCHINOTZU NAGASAKI SEOUL &c., &c.
MIIKE NAGOYA
NIIGATA TAINAN
TAIPEH
OTHER COUNTRIES:—
AMOY DAIREN MANILA SHANGHAI
BANGKOK FOOCHOW MUKDEN SINGAPORE
BATAVIA HAIPHONG NEWCHWANG SOURABAYA
BOMBAY HAMBURG NEW YORK
RANGOON SYDNEY
CANTON
CALCUTTA HANKOW
HARBIN SAIGON TIENTSIN
CHANGCHUN LONDON SAN FRANCISCO TSINGTAU
CHEFOO LYONS SEATTLE VLADIVOSTOCK
General TelegrapTiic jZclciress: “ MTTSTTI.”
HONGKONG OFFICE:—Prince’s Buildings, Ice House Street. Tel. 2570,1,2.
COAL AND PROVISION MERCHANTS xxxix
SUN MAN WOO CO.,
(Late Bismarck & Co.: a Chinese Firm.)
NAVAL CONTRACTORS Cable Address: PURVEYORS TO THE
“ Bismarck ”
SHIPCHANDLERS, GENERAL HONGKONG. ENGLISH ARMY AND NAVY,
IMPORTERS, COAL AND • * FRENCH, RUSSIAN, GERMAN AND
PROVISION MERCHANTS ■ AMERICAN NAVIES -
SAIL AND FLAG MAKERS, - Price List Sent -
on Application. HARDWARE AND MACHINERY, -
RIGGERS, STEVEDORES • Codes used: ELECTRIC FITTINGS, CABLES, •
AND GENERAL COMMISSION A1, A.B.C., 4th and 5th WIRES, LAMPS, BELL SETS,
Editions.
AGENTS. 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 lo>ooo lbs.
of Biscuits per Day.
99 & ioi, DES VOEUX ROAD CENTRAL,
Near Central Market, HONGKONG.
xl NEWSPAPERS
^ |Ftort^®^na Jailg
Established in 1870. Shanghai, China.
The greatest purchas-
ing power in China is
The “NORTH-CHINA that possessed by
readers of the “North-
DAILY NEWS” China Daily News.”
It is the newspaper
writes the history of which is found in every
office, consular of com-
China. It records the mercial ; it is the
newspaper most fre-
pulse of its politics; it quently quoted both
by the foreign and
reports the conditions vernacular press; and
it is the one newspaper
of its finance and its which combines a qua-
lity with a quantity
circulation—being the
markets; and it chroni-
largest both in size
cles the daily doings and
China. circulation
the onlyin
It ispublishing
of its people. newspaper
a u d i t ed circulation
statements.
SUBSCRIPTION RATES, including Postage
Shanghai ... ••• per annum Mex. $28.00
Other parts of China, Korea and Japan ... „ „ 33.00
Postal Union Countries (Europe, America, etc.) „ „ 53.00
fjUrt|y=(E'!ir Established in 1850
Is the weekly
abroad. It edition95 ofperthecent,“ North-China
contains of news Daily Newsbest” for readers
keeping in touch with events in China whenandoutis ofthereach ofmedium for
the daily.
SUBSCRIPTION RATES, including Postage
Shanghai .. ••• ••• ... .. per annum Mex. $17.00
Other parts of China, Korea and Japan ... „ „ 18.50
Postal Union Countries (Europe, America, etc.) „ „ 21.00
Copies of either of above publications will be sent
to anyone interested on request.
Ilortjj-filjirai *3ailn llcfos # Ijeraltr, ^tt>.
SHANGHAI.
CEMENT MANUFACTURERS xlk
10-CIA PORTLAND CLIENT 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
xlii BREWERIES
ASAH I-BEER
DAI NIPPON lost
BREWERY Co
(LIMITED). Popular
And
Capital: Y.12,000,000 Most
Annual Output:
Gall. 15,000,000 Widely
Breweries: ■ Consumed
AZUMABASHI, - In The
TOKYO.
MEGURO, - - -
TOKYO. Orient
HODOGAYA, -
XE.Ylt YOKOHAMA.
SUITA, - - . -
OSAKA. MITSUI
SAPPORO, - -
HOKKAIDO. BUSSAN
TSINGTAO, - -
CHINA. KAISHA,
LIMITED.
Head Office:
GINZA,
TOKYO, JAPAN SOLE AGENTS
Branches: FOR
OSAKA - - . . CHINA,
SAPPORO - - - ORIENTAL
SEOUL - - - - COLONIES,
SHANGHAI - -
NAGOYA - - - AND INDIA
TREATIES, CODES, &C.
1
xliv ADVERTISEMENT
The PRUDENTIAL
ASSURANCE COMPANY LIMITED
IS THE LARGEST ASSURANCE COMPANY IN THE
BRITISH EMPIRE.
Thh Company transacts TtLL CLASSES
OF INSURANCE BUSINESS in the UNITED
KINGDOM and FIRE INSURANCE ABROAD.
Offices or Agencies for the conduct of Fire
and/or Accident and/or Life Business have
been established at the following places
abroad:—
Alexandria Coimbatore MelRourne
Alleppey Colombo, Ceylon Montreal
Amsterdam Copenhagen Oslo
Antwerp Delhi Paris
Athens Edmonton, Alberta Perth
Auckland Halifax, N.S. Quilon
Batavia Hamburg Rangoon
Bogota Havana Shanghai
Bombay Helsingfors Singapore
Brisbane Hobart St. Johns, Newfoundland
Buenos Aires Karachi Sydney
Cairo Kobe Tellicherry
Calcutta Lahore Tientsin
Calicut Lisbon Toronto
Cawnpore Madras Vancouver, B.C.
Christchurch Mangalore Wellington
Cochin Manila Winnipeg
Funds of all Brandies exceed Claims paid exceed
£210,000,000 Sterling. £283,000,000 Sterling.
Chief Office:—
HOLBORIN BARS, LONDON, ENGLAND.
Teleph: Holborn 7822. Telegrams: “ PRUDASCO,” London.
TREATIES WITH CHINA
GREAT BRITAIN
TREATY BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA
Signed, in the English and Chinese Languages, at Nanking,
29th August, 1842
Ratifications Exchanged at Hongkong, 26th June, 1843
Her Majesty the Queen of tlie United KingJom of Great Britain and Ireland
and His Majesty the Emperor of China, being desirous of putting an end to the
misunderstandings and consequent hostilities which have arisen between the two
countries, have resolved to conclude a treaty for that purpose, and have therefore
named as their Plenipotentiaries, that is to say: Her Majesty the Queen of Great
Britain and Ireland, Sir Henry Pottinger, Bart., a Major-General in the Service of
the East India Company, &c.; and His Imperial Majesty the Emperor of China,
the High Commissioners Ke-ying, a Member of the Imperial House, a Guardian of
the Crown Prince, and General of the Garrison of Canton: and Uipoo, of the Imperial
Kindred, graciously permitted to wear the insignia of the first rank, and the distinc-
tion of a peacock’s feather, lately Minister and Governor-General, Ac., and now
Lieut.-General commanding at Chapoo—Who, after having communicated to each
other their respective full powers, and found them to be in good and due form, have
agreed upon and concluded the following Articles:—
Art. I.—There shall henceforward be peace and friendship between Her Majesty
the Queen of the United Kingdom of Great Britain and Ireland and His Majesty 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, Ac., the Island of Hongkong to be possessed in perpetuity
by Her Britannic Majesty, her heirs, and successors, and to be governed by such laws
and regulations as Her Majesty the Queen of Great Britain, Ac., shall see fit to direct.
Art. IV.—The Emperor of China agrees to pay the sum of six millions of dollars,
as the value of the opium which was delivered up at Canton in the month of March,
1839, as a ransom for the lives of Her Britannic Majesty’s Superintendent and sub-
jects who had been imprisoned and threatened with death by the Chinese high officers.
Art. V.—The Government of China having compelled the British merchants trading
at Canton to deal exclusively with certain Chinese merchants, called Hong merchants (or
Co-Hong), who had been licensed by the Chinese Government for this purpose, the
Emperor of China agrees to abolish that practice in future at all ports where British
merchants may reside, and to permit them to carry on their mercantile transactions
with whatever persons they please; and His Imperial Majesty further agrees to pay to
the British Government the sum of three millions of dollars, on account of debts due
1*
NANKING TREATY, 1842
to British subjects by some of the said Hong merchants, or Co-Hong, who have become
insolvent, and who owe very large sums of money to subjects of Her Britannic Majesty.
Art. YI.—The Government of Her Britannic Majesty having been obliged to send
out an expedition to demand and obtain redress for the violent and unjust proceeding,
of the Chinese high authorities towards Her Britannic Majesty’s officers and subjects
the Emperor of China agrees to pay the sum of twelve millions of dollars, on account
of expenses incurred; and Her Britannic Majesty’s plenipotentiary voluntarily agrees,
on behalf of Her Majesty, to deduct from the said amount of twelve millions of
dollars, any sums which may have been received by Her Majesty’s combined forces,
as ransom for cities and towns in China, subsequent to the 1st day of August, 1841.
Art. VII.—It is agreed that the total amount of twenty-one millions of dollars,
described in the three preceding Articles, shall be paid as follows:—
Six millions immediately.
Six millions in 1843; that is, three millions on or before the 30th June, and
three millions on or before 31st of December.
Five millions in 1844; that is, two millions and a half on or before the 30th of
June, aud 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 j
shall correspond with the Chinese high officers, both at the capital and in the provinces, ;
under the term “ communication the subordinate British officers and Chinese high
officers in the provinces under the term “ statement,” on the part of the former, and
on the part of the latter, “ declaration,” and the subordinates of both countries on a
footing of perfect equality; merchants and others not holding official situations, and
therefore not included in the above, on both sides for use the term “ representation ”
in all papers addressed to, or intended for, the notice of the respective Govern-
ments.
Art. XII.—On the assent of the Emperor of China to this Treaty being received,
and the discharge of the first instalment of money, Her Britannic 'Majesty’s forces
will retire from Nanking and the Grand Canal, and will no longer molest or stop the
trade of China. The military post at Chinhae will also be withdrawn, but the island
of Koolangsoo, and that of Chusan, will continue to be held by Her Majesty’s forces
until the money payments, and the arrangements for opening the ports to British
merchants, be completed.
NANKING TREATY, 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.
Hone at Nanking, and signed and sealed by the Plenipotentiaries on board Her
Britannic Majesty’s ship Cornwallis this 29th day of August, 1842; corresponding
with the Chinese date, twenty-fourth day of the seventh month, in the twenty-second
year of Taou Kwang.
Henry Pottinger,
Her Majesly's Plenipotentiary.
And signed by the seals of four Chinese Commissioners.
TIENTSIN TREATY, 1858
Batijications exchanged at Pelcing, 24 Her Majesty the Queen of the United Kingdom of Great Britain and Ireland
.and His Majesty the Emperor of China, being desirous to put an end to the existing
misunderstanding between the two countries and to place their relations on a more
■satisfactory footing in future, have resolved to proceed to a revision and improvement
of the Treaties existing between them; and, for that purpose, have named as their
Plenipotentiaries, that is to say :—
Her Majesty the Queen of Great Britain and Ireland, the Right Honourable the
Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the
Most Ancient and Most Noble Order of the Thistle.
And His Majesty the Emperor of China, the High Commissioner Kweiliang, a
.“Senior Chief Secretary of State, styled of the East Cabinet, Captain-General of the
Plain White Banner of the Manchu Banner force, Superintendent-General of the
Administration of Criminal Law; and Hwashana, one of His Imperial Majesty’s
Expositors of the Classics, Manchu President of the Office for the Regulation of the
•Civil Establishment, Captain-General of the Bordered Blue Banner of the Chinese
Banner Force, and Visitor of the Office of Interpretation:
Who, after having communicated to each other their respective full powers and
(found them to be in good and due form, have agreed upon and concluded the
following Articles:—
Art. I.—The Treaty of Peace and Amity between the two nations signed at
Nanking on the twenty-ninth day of August, in the year eighteen hundred and forty-
’two, is hereby renewed and confirmed.
The supplementary Treaty and General Regulations of Trade having been
.amended and improved, and the substance of their provisions having been incor-
porated in this Treaty, the said Supplementary Treaty and General Regulations of
Trade are hereby abrogated.
Art. II.—For the better preservation of harmony in future, Her Majesty the
-Queen of Great Britain and His Majesty the Emperor of China mutually agree that,
in accordance with the universal practice of great and friendly nations, Her Majesty
•the Queen may, if she see fit, appoint Ambassadors, Ministers, or other Diplomatic
Agents to the Court of Peking ; and His Majesty the Emperor of China may, in like
manner, if he see fit, appoint Ambassadors, Ministers, or other Diplomatic Agents
to the Court of St. James.
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 j
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 I
Agents of Her Majesty towards the Sovereigns of independent and equal European "
nations.
It is further agreed, that Her Majesty’s Government may acquire at Peking a i
site for building, or may hix-e houses for the accommodation of Her Majesty’s Mission, f
and the Chinese Government will assist it in so doing.
Her Majesty’s Representative shall be at liberty to choose his own servants andji
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 I
any member of his family or establishment, in deed or word, shall be severely punished. |
Art. IV.—It is further agreed that no obstacle or difficulty shall be made to the-|
free movements of Her Majesty’s Representative, and that he and the persons of his >
suite may come and go, and travel at their pleasure. He shall, moreover, have fulll
liberty to send and receive his correspondence to and from any point on the sea-coast 1
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-J
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, j.
All expenses attending the Diplomatic Mission of Great Britain shall be borne-j
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, orl
Diplomatic Agent of the Emperor of China, accredited to the Court of Her Majesty. 1
Art. VII.—Her Majesty the Queen may appoint one or more Consuls in the l
dominions of the Emperor of China ; and such Consul or Consuls shall be at liberty
to reside in any of the open ports or cities of China as Her Majesty the Queen may |
consider most expedient for the interests of British commerce. They shall be treated |
with due respect by the Chinese authorities, and enjoy the same privileges and>|
immunities as the Consular Officers of the most favoured nation.
Consuls and Vice-Consuls in charge shall rank with Intendants of Circuit; Vice-1
Consuls, Acting Vice-Consuls, and Interpreters, with Prefects. They shall have access- j
to the official residences of these officers, and communicate with them, either personally
or in writing, on a footing of equality, as the interests of the public service may require, i
Art. VIII.—The Christian religion, as professed by Protestants or Roman J
Catholics, inculcates the practice of virtue, and teaches man to do as he would be ]
done by. Persons teaching it or professing it, thei’efore, shall alike be entitled to the '
protection of the Chinese authorities, nor shall any such, peaceably pursuing their
calling and not offending against the laws, be persecuted or interfered with.
Art. IX.—British subjects are hereby authorised to travel, for their pleasure or ,
for purposes of trade, to all parts of the interior under passports which will be issued
by their Consuls, and countersigned by the local authorities. These passports, if
demanded, must be produced for examination in the localities passed through. If !
the passport be not irregular, the bearer will be allowed to proceed, and no opposition
shall be offered to his hiring persons, or hiring vessels for the carriage of his baggage-
or merchandise. If he be without a passport, or if he commit any offence against the ;
law, he shall be handed over to the nearest Consul for punishment, but he must not
be subjected to any ill-usage in excess of necessary restraint. No passport need be-
applied for by persons going on excursions from the ports open to trade to a distance
not exceeding 100 li, and for a period not exceeding five days.
TIENTSIN TREATY, 1858
The provisions of this Article do hot apply to crews of ships, for the due restraint
of whom regulations will be drawn up by the Consul and the local authorities.
To Nanking, and other cities, disturbed by persons in arms against the Govern-
ment, no pass shall be given, until they shall have been recaptured.
Art. X.—British merchant ships shall have authority to trade upon the Great
River (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
towns and ports as they enjoy at the ports already open to trade, including the
Tight of residence, buying or renting houses, of leasing land therein, and of building
■churches, hospitals and cemeteries.
Art. XII.—British subjects, whether at the ports or at other places, desiring to
build or open houses, warehouses, churches, hospitals, or burial grounds, shall make
their agreement for the land or buildings they require, at the rates prevailing among
the people, equitably and without exaction on either side.
Art. XIII.—The Chinese Government will place no restrictions whatever upon
the employment, by British subjects, of Chinese subjects in any lawful capacity.
Art. XIV.—British subjects may hire whatever boats they please for the
transport of goods or passengers, and the sum to be paid for such boats shall be settled
between the parties themselves, without the interference of the Chinese Government.
The number of these boats shall not be limited, nor shall a monopoly in respect either
of the boats or of the porters or coolies engaged in carrying the goods be granted to
■any parties. If any smuggling takes place in them the offenders will, of course, be
^punished according to law.
Art. XV.—All questions in regard to rights, whether of property or person, arising
between British subjects, shall be subject to the jurisdiction of the British authorities.
Art. XVI.—Chinese subjects who may be guilty of any criminal act towards
British subjects shall be arrested and punished by the Chinese authorities according
do 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
unerits 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
do 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
iocal authorities shall at once take the necessary steps for the recovery of the stolen
TIENTSIN TREATY, 1858
property, the suppression of disorder, and the arrest of the guilty parties, whom they
will punish according to law.
Art. XIX.—If any British merchant-vessel, while within Chinese waters, ba
plundered by robbers or pirates, it shall be the duty of the Chinese authorities to us®
every endeavour to captut e and punish the said robbers or pirates and to recover thd
stolen property, that it may be handed over to the Consul for restoration to the owner. |
Art. XX.—If any British vessel be at any time wrecked or stranded on the coasm
of China, or be compelled to take refuge in any port within the dominions of th4
Emperor of China, the Chinese authorities, on being apprised of the fact, shaljl
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 oijli
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 th<
vessels of British subjects at the open ports, they shall not be harboured or concealed]
but shall be delivered up, on due requisition by the Chinese authorities, addressed
the British Consul.
Art. XXII.—Should any Chinese subject fail to discharge debts incurred to
British subject, or should he fraudulently abscond, the Chinese authorities will do thei
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 trad<
incur debts there, the recovery of such debts must be arranged for by the Englisl
Court of Justice on the spot; but should the Chinese debtor abscond, and be knowiih
to have property real or personal within the Chinese territory, it shall be the duty oi
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 merchandis(
imported or exported by them, the duties prescribed by the tariff; but in no case shal
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. XXYI.—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 ol
various articles of merchandise therein enumerated, to impose a duty upon thes<
considerably in excess of the rate originally assumed, as above, to be a fair rate, it h
agreed that the said tariff shall be revised, and that as soon as the Treaty shall hav<
been signed, application shall be made to the Emperor of China to depute a highs
officer of the Board of Revenue to meet, at Shanghai, officers to be deputed on behalf
of the British G-overnment, to consider its revision together, so that the tariff, as
revised, may come into operation immediately after the ratification of this Treaty, i
Art. XXYII.—It is agreed that either of the high contracting parties to thii
Treaty may demand a further revision of the tariff, and of the Commercial Articles 6j
this Treaty, at the end of ten years; but if no demand be made on either side withiB
six months after the end of the first ten years, then the tariff shall remain in force fol
ten years more, reckoned from the end of the preceding ten years, and so it shal:
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 tc t
exceed a certain percentage on tariff value; and whereas, no accurate informatioi 0
having been furnished of the amount of such duty, British merchants have constantly k
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 from all further inland charges whatsoever.
It is further agreed that the amount of the charge shall be calculated, as nearly
as possible, at the rate of two and a half per cent, ad valorem, and that it shall be fixed
for each article at the conference to be held at Shanghai for the revision of the tariff.
It is distinctly understood that the payment of transit dues, by commutation or
otherwise, shall in no way affect the tariff duties on imports or exports, which will
continue to be levied separately and in full.
Art. XXIX.—British merchant vessels, of more than one hundred and fifty tons
burden, shall be charged tonnage-dues at the rate of four mace per ton ; if of one
hundred and fifty tons and under, they shall be charged at the rate of one mace per ton.
Any vessel clearing from any of the open ports of China for any other of the open
ports, or for Hongkong, shall be entitled, on application of the master, to a special
certificate from the Customs, on exhibition of which she shall be exempted from all
further payment of tonnage dues in any open ports of China, for a period of four
months, to be reckoned from the port-clearance.
Art. XXX.—The master of any British merchant vessel may, within forty-eight
hours after the arrival of his vessel, but not later, decide to depart without breaking
bulk, in which case he will not be subject to pay tonnage-dues. But tonnage-dues
shall be held due after the expiration of the said forty-eight hours. No other fees or
charges upon entry or departure shall be levied.
Art. XXXI.—No tonnage-dues shall be payable on boats employed by British
subjects in the conveyance of passengers, baggage, letters, articles of provision, or
other articles not subject to duty, between any of the open ports. All cargo-boats,
however, conveying merchandise subject to duty shall pay tonnage-dues once in six
months, at the rate of four mace per register ton.
Art. XXXII.—The Consuls and Superintendents 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. XXXIV.—Sets of standard weights and measures, prepared according to
the standard issued to the Canton Custom-house by the Board of Revenue, shall be
delivered by the Superintendent of Customs to the Consul at each port to secure
uniformity and prevent confusion.
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 I
to guard the ship. They shall either live in a boat of their own, or stay on board thei
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 b®
punished proportionately to the amount exacted.
Art. XXXVII.—Within twenty-four hours after arrival, the ships’ papersj?
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 l
hours after the ship’s arrival, he shall be liable to a fine of fifty taels for every day’si
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. Fore
presenting a false manifest, he will subject himself to a fine of five hundred taels; bufi
he will be allowed to correct, within twenty-four hours after delivery of it to the custom^
officers, any mistake he may discover in his manifest without incurring this penalty.!
Art. XXXVIII.—After receiving from the Consul the report in due form, thej
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^]1
he shall be fined five hundred taels, and the goods discharged shall be confiscated wholly.
Art. XXXIX.—Any British merchant who has cargo to land or ship must apply
to the Superintendent of Customs for a special permit. Cargo landed or shipped!;
without such permit will be liable to confiscation.
Art. XL.—No transhipment from one vessel to another can be made without]
special permission, under pain of confiscation of the goods so transhipped.
Art. XLI.—When all dues and duties shall have been paid, the Superintendent*
of Customs shall give a port-clearance and the Consul shall then return the ship’s]
papers, so that she may depart on her voyage.
Art. XLII.—With respect to articles subject, according to the tariff, to an ad
valorem duty, if the British merchant cannot agree with the Chinese officer in affixing]
its value, then each party shall call two or three merchants to look at the goods, and:
the highest price at which any of these merchants would be willing to purchase]
them shall be assumed as the value of the goods.
Art. XLIII.—Duties shall be charged upon the net weight of each article,;
making a deduction for the tare, weight of congee, &c. To fix the tare of any articles,!
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 chest®]
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 int
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 whichj
pay duty ad valorem. j
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 TEEATY, 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 ent itled to resort to other than the
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 tins
provision shall, with her cargo, be subject to confiscation by the Chinese Government.
Art. XLYIII.—If any British merchant-vessel be concerned in smuggling, the
goods, whatever their value or nature, shall be subject to confiscation by the Chinese
authorities, and the ship may be prohibited from trading further, and sent away as
soon as her account shall have been adjusted and paid.
Art. XLIX.—All penalties enforced, or confiscations made, under this Treaty
shall belong and be appropriated to the public service of the Government of China.
Art. L.—All official communications addressed by the Diplomatic and Consular
Agent of Her Majesty the Queen to the Chinese Authorities shall, henceforth, be writ-
ten in English. They will for the present be accompanied by a Chinese version, but it
is understood that, in the event of there being any difference of meaning between the
English and Chinese text, the English Government will hold the sense as expressed in
the English text to be the correct sense. This provision is to apply to the Treaty now
negotiated, the Chinese text of which has been carefully corrected by the English original.
Art. LI.—It is agreed that henceforward the character ^ “I” (barbarian) shall not
be applied to the Government or subjects of Her Britannic Majesty in any Chinese official
document issued by the Chinese authorities, either in the capital or in the provinces.
Art. LII.—British ships of war coming for no hostile purpose, or being engaged
in the pursuit of pirates, shall be at liberty to visit all ports within the dominions
of the Emperor of China, and shall receive every facility for the purchase of pro-
visions, procuring water, and, if occasion require, for the making of repairs. The
commanders of such ships shall hold intercourse with the Chinese authorities on
terms of equality and courtesy.
Art. LIII.—In consideration of the injury sustained by native and foreign
commerce from the prevalence of piracy in the seas of China, the high contracting
parties agree to concert measures for its suppression.
Art. LIY.—The British Government and its subjects are hereby confirmed in all
privileges, immunities, and advantages conferred on them by previous Treaties: and
it is hereby expressly stipulated that the British Government and its subjects will be
allowed free and equal participation in all privileges, immunities and advantages that
may have been, or may be hereafter, granted by His Majesty the Emperor of China
to the Government or subjects of any other nation.
Art. LY.—In evidence of her desire for the continuance of a friendly under-
standing, Her Majesty the Queen of Great Britain consents to include in a Separate
Article, which shall be in every respect of equal validity with the Articles of this
Treaty, the condition affecting indemnity for expenses incurred and losses sustained
m 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.
Signature of 1st Chinese Plenipotentiary. [l.s.] Elgin and Kincabdine.
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- i
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, j
The necessary arrangements with respect to the time and mode of effecting i
these payments shall be determined by Her Majesty’s Representative, in concert with j
the Chinese authorities of Kwangtung.
When the above amounts shall have been discharged in full, the British forces j
will be withdrawn from the city of Canton. Done at Tientsin this twenty-sixth day of I
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. 1
Signature of 1st Chinese Plenipotentiary. [l.s.] Elgin and Kincardine.
Signature of 2nd Chinese Plenipotentiary, ij
AGREEMENT IN PURSUANCE OE ARTICLES XXVL
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 j
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 aud 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— i
the latter being in ten Articles, thereto appended—shall be equally binding on the l
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 and ofKincardine.
the Five Chinese Plenipotentiaries.
* The Import Tariff was superseded by one arranged in 1902 which,with
intions1919,(j.e.).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 of State for Foreign Affairs, dated 1st January, 1876.
This contained instructions regarding the disposal of three questions: first, a satis-
factory settlement of the Yunnan affair; secondly, a faithful fulfilment of engagements
of last year respecting intercourse between the high officers of the two Governments ;
thirdly, the adoption of a uniform system in satisfaction of the understanding arrived
at in the month of September, 1875 (8th moon of the 1st year of the reign Kwang
Su), on the subject of rectification of conditions of trade. It is to this despatch that
Sir Thomas Wade has referred himself in discussions on these questions with the
Tsung-li Yamen, further reference to which is here omitted as superfluous. The
conditions now agreed to between Sir Thomas Wade and the Grand Secretary are as
follows:—
Section I.—Settlement of the Yilnnan Case
1. —A Memorial is to be presented to the Throne, wheth
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 t
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 nee
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
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 be free to address themselves to the authorities of the province. The opening
of the trade may be proposed by the British Government as it may find best at any
time within the term of five years, or upon expiry of the term of five years.
Passports having been obtained last year for a Mission from India into Yunnan,
it is open to the Viceroy of India to send such Mission at any time he may see fit.
5. —The amount of indemnity to be paid on account of the fa
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 writt
for what has occurred in Yunnan. The Mission bearing the Imperial letter will
proceed to England immediately. Sir Thomas Wade is to be informed of the
constitution of this Mission for the information of this Government. The text of the
Imperial letter is also to be communicated to Sir Thomas Wade by the Tsung-li
YamSn.
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 Septemb
of Kung and the Ministers stated that their object in presenting it had not been
simply the transaction of business in which Chinese and Foreigners might be con-
cerned ; missions abroad and the question of diplomatic intercourse 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 Bepresentatives 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 tha
who may be guilty of any criminal act towards British subjects shall be arrested and
punished by Chinese authorities according to the laws of China.
“British subjects who may commit any crime in China shall be tried and
punished by the Consul, or any other public functionary authorised thereto, accord-
ing to the laws of Great Britain.
“Justice shall be equitably and impartially administered on both sides.”
The words “functionary authorised thereto” are translated in the Chinese text
“British Government.”
In order to the fulfilment of its Treaty obligation, the British Government has
established a Supreme Court at Shanghai with a special code of rules, which it is
now about to revise. The Chinese Government has established at Shanghai a Mixed
THE CHEFOO CONVENTION, 1876 15
Court; but the officer presiding over it, either from lack of power or dread of un-
popularity, constantly fails to enforce his judgments.
It is now understood that the Tsung-li Yamen will write a circular to the Lega-
tion, inviting Foreign Representatives at once to consider with the Tsung-li Yamen
the measures needed for the more effective administration of justice at the ports
open to trade.
3.—It is agreed that, whenever a crime is committed affecting the person or
property of a British subject, whether in the interior or at the open ports, the British
Minister shall be free to send officers to the spot to be present at the investigation.
To the prevention of misunderstanding on this point, Sir Thomas Wade will
write a Note to the above effect, to which the Tsung-li Yamen will reply, affirming
that this is the course of proceeding to be adhered to for the time to come.
It is further understood that so long as the laws of the two countries differ from
each other, there can be but one principle to guide judicial proceedings in mixed cases
in China, namely, that the case is tried by the official of the defendant’s nationality;
the official of the plaintiff’s nationality merely attending to watch the proceedings in
the interest of justice. If the officer so attending be dissatisfied with the proceedings,
it will be in his power to protest against them in detail. The law administered will
be the law of the nationality of the officer trying the case. This is the meaning of
the words 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.
Section III.—Trade
1.—With reference to the area within which, according to the Treaties in force,
lekin ought not to be collected on foreign goods at the open ports, Sir Thomas Wade
agrees to move his Government to allow the ground rented by foreigners (the so-called
Concessions) at the different ports, to be regarded as the area of exemption from
lekin; and the Government of China will thereupon allow Ich’ang, in the province
of Hu-pi; Wu-hu, in An-hui; Wen-chow, in Che-kiang; and Pei-hai (Pak-hoi),
in Kwang-tung to be added to the number of ports open to trade and to become
Consular stations. The British Government will, further, be free to send officers to
reside at Chung-k’ing to watch the conditions of British trade in Szechuen;
British merchants will not be allowed to reside at Chung-k’ing, or to open establish-
ments or warehouses there, so long as no steamers have access to the port. When
steamers have succeeded in ascending the river so far, further arrangements can be
taken into consideration.
It is further proposed as a measure of compromise that at certain points on the
shore of the Great River, namely, Tat’ung and Ngan-Ching in the province of An-
hui ; Ho-Kou, in Kiang-si; Wu-sueh, Lu-chi-kou, and Sha-shih in Hu-Kwang,
these being all places of trade in the interior, at which, as they are not open ports,
foreign merchants are not legally authorised to land or ship goods, steamers shall be
allowed to touch for the purpose of landing or shipping passengers or goods ; but in
all instances by means of native boats only, and subject to the regulations in force
affecting native trade.
Produce accompanied by a half-duty certificate may be shipped at such points
by the steamers, but may not be landed by them for sale. And at all such points,
except in the case of imports accompanied by a transit duty certificate or exports
similarly certificated, which will be severally passed free of 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 agre
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 Governmen
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 oi lekin to be collected will be decided by the different Provincial Govern-
ments according to the circumstances of each.
4. —The Chinese Government agree that Transit Duty Cer
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 YII. 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 XLY. of the Treaty of 1858 prescribed no limit to
which a drawback may be claimed upon duty-paid imports. The British Minister
agrees to a term of three years, after expiry of which no drawback shall be
claimed.
6. —The foregoing stipulation, that certain ports are to be opened to foreign trade,
and that landing and shipping of goods at six places on the Great Eiver is to be
sanctioned, shall be given effect to within six months after receipt of the Imperial
Decree approving the memorial of the Grand Secretary Li. The date for giving effect
to the stipulations affecting exemption of imports from lekin taxation within the for-
eign settlements and the collection of lekin upon opium by the Customs Inspectorate
at the same time as the Tariff Duty upon it, will be fixed as soon as the British
Government has arrived at an understanding on the subject with other foreign
Governments.
7. —The Governor of Hongkong having long complained of th
the Canton Customs Bevenue Cruisers with the junk trade of that Colony, the Chinese
Government agrees to the appointment of a Commission, to consist of a British Consul,
an officer of the Hongkong Government, and a Chinese official of equal rank, for
the establishment of some system that shall enable the Chinese Government to
protect its revenue without prejudice to the interests of the Colony.
[Two separate articles—now obsolete—were attached to this treaty, one re-
lating to a contemplated Mission of Exploration through China to Tibet and India,
in 1877, and the other relating to the regulation of the 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 s
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
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 ami flags to be carri
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.
lY.—Chartered junks shall pay port dues at Ichang and Chungking in accord-
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 j unks 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 Chungking, British
-steamers shall in like manner have access to the said port.
18 THE THIBET-SIKKIM CONVENTION, 1890
VI.—It is agreed that the present Additional Article shall be considered as-
forming part of the Chefoo Agreement, and as having the same force and validity as
if it were inserted therein word for word. It shall be ratified, and the ratifications-
exchanged at Peking, and it shall come into operation six mouths after its signature^
provided the ratifications have then been exchanged, or if they have not, then on
the date at which such exchange takes place.
Done at Peking in triplicate (three in English and three in Chinese), this-
thirty-first day of March, in the year of our Lord one thousand eight hundred and
ninety, being the eleventh day of the Second Intercalary Moon of the sixteenth year
of Kuang Hsu.
[l.s.] John Walsham. [l.s.] Signature of Chinese
Plenipotentiary.
THE THIBET-SIKKIM CONVENTION, 1890
Ratified in London, V7th August, 1890
Art. I.—The boundary of Sikkim and Thibet shall be the crest of tbe mountain,
range separating the waters flowing into the Sikkim Teesta and its affluents from
the waters flowing into the Thibetan Machu and northwards into other rivers of
Thibet. The line commences at Mount Gipmochi on the Bhutan frontier, and follows-
the above-mentioned water-parting to the point where it meets Nepaul territory.
Art. II.—It is admitted that the British Government, whose protectorate over
the Sikkim State is hereby recognised, has direct and exclusive control over the-
internal administration and foreign relations of that State, and except through
and with the permission of the British Government neither the ruler of the State
nor any of its officers shall have official relations of any kind, formal or informal,,
with any other country.
Art. III.—The Government of Great Britain and Ireland and the Government
of China engage reciprocally to respect the boundary as defined in Article 1. and to-
prevent acts of aggression from their respective sides of the frontier.
Art. IV.—The question of providing increased facilities for trade across the
Sikkim-Thibet frontier will hereafter be discussed with a view to a mutually
'satisfactory arrangement by the high contracting Powers.
Art. V.—The question of pasturage on the Sikkim side of the frontier is-
reserved for further examination and future adjustment.
Art. VI.—The high contracting Powers reserve for discussion and arrangement
the method in which official communications between the British authorities in
India and the authorities in Thibet shall be conducted.
Art. VII.—Two Joint Commissioners shall within six months from the ratifica-
tion of this Convention be appointed, one by the British Government in India, the-
other by the Chinese Besident in Thibet. The said Commissioners shall meet and.
discuss the questions which by the last three preceding articles have been reserved.
Art. VIII.—The present Convention shall be ratified, and the ratifications shall
be exchanged in London, as soon as possible after the date of the signature thereof.
THE BUKMAH 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 BUEMAH CONVENTION 19
•of the Convention between Great Britain and China of March 1st, 1894, it has been
-agreed between the Governments of Great Britain and China that the following
additions and alterations shall be made in the last-named Convention, hereinafter
^referred to as the Original Convention.
(Articles I. to XI. refer to the Burmah Frontier and trade across it between Burmah
and Yunnan.)
Art. XII. (Providing for the free navigation of the Irrawady by Chinese
vessels). — Add as follows:— The Chinese Government agree hereafter to
consider whether the conditions of trade justify the construction of railways in
Yunnan, and in the event of their construction, agrees to connect them with the
Burmese lines.
Art. XIII.—Whereas by the Original Convention it was agreed that China
might appoint a Consul in Burmah to reside at Bangoon, and that Great Britain
might appoint a Consul to reside at Manwyne, and that the Consuls of the two
Governments should each within the territories of the other enjoy the same
privileges and immunities as the Consuls of the most favoured nation, and further
'that in proportion as the commerce between Burmah and China increased, additional
'Consuls might be appointed by mutual consent to reside at such places in Burmah
and Yunnan as the requirements of trade might seem to demand.
It has now been agreed that the Government of Great Britain may station a
Consul at Momein or Shunning Fu as the Government of Great Britain may prefer,
instead of at Manwyne as stipulated in the Original Convention, and also to station
a Consul at Szumao.
British subjects and persons under British protection may establish themselves
and trade at these places under the same conditions as at the Treaty Ports in
China.
The Consuls appointed as above shall be on the same footing as regards
correspondence and intercourse with Chinese officials as the British Consuls at the
Treaty Ports.
Art. XIY. (Providing for issue of passports by the Consuls on each side of the
’frontier).—Instead of “ Her Britannic Majesty’s Consul at Manwyne ” in the 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
remain in force.
Special Article
Whereas on the twentieth day of January, one thousand eight hundred and
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,
one thousand eight hundred and ninety-five, they had submitted a Memorial
respecting the opening of ports on the West Biver to foreign trade, and had received
an Imperial Decree in approval of which they officially communicated a copy.
It has now been agreed that the following places, namely, Wuchow Fu in
Kwangsi, and Samshui city and Bongkun Market in Kwangtung, shall be opened as
Treaty Ports and Consular Stations with freedom of navigation for steamers between
Samshui andtoWuchow
latter places and and
be selected Hongkong
notifiedand Canton byby atheroute
in advance from each
Maritime of these
Customs, and
'that the following four places shall be established as ports of call for goods and
passengers under the same regulations as the ports of call on the Yangtsze Biver,
namely, Kongmoon, Kamchuk, Shiuhing and Takhing.
It is agreed that the present Agreement, together with the Special Article, shall
•come into force within four months of the date of signature, and that the ratifications
•thereof shall be exchanged at Peking as soon as possible.
In witness whereof the undersigned duly authorised thereto by their respective
•Governments have signed the present agreement.
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*
road from Kowloon to Hsinan.
It is further agreed that the existing landing-place near Kowloon city shall be
reserved for the convenience of Chinese men-of-war, merchant and passengers vessels,..
which may come and go and lie there at their pleasure; and for the convenience of
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
ratifications shall be exchanged in London as soon as possible.
In witness whereof the undersigned, duly authorised thereto by their respective-
Governments, have signed the present agreement.
Done at Peking in quadruplicate (four copies in English and in Chinese) the
ninth day of June, in the year of Our Lord eighteen hundred and ninety-eight, being:
the twenty-first day of the fourth moon of the twenty-fourth year of Kwang Hsu.
Claude M. Macdonald.
Li Hung-chang, ) Members of
Hsu Ting K’uei, ) Tsung-li Yarnen.
THE WEIHAIWEI CONVENTION, 1898
Ratifications exchanged in London, 5th October, 1898
In order to provide Great Britain with a suitable naval harbour in North China,,
and for the better protection of British commerce in the neighbouring seas, the-
Government of His Majesty the Emperor of China agrees to lease to the Government
of Her Majesty the Queen of Great Britain and Ireland, Weihaiwei, in the province
of Shantung, and the adjacent waters for so long a period as Port Arthur shall
remain in the occupation of Eussia.
The territory leased shall comprise the island of Liukung and all other islands-
in the Bay of Weihaiwei, and a belt of land ten English miles wide along the entire-
coast line of the Bay of Weihaiwei. Within the above-mentioned territory leased
Great Britain shall have sole jurisdiction.
Great Britain shall have, in addition, the right to erect fortifications, station
troops, or take any other measures necessary for defensive purposes, at any points on
or near the coast of the region east of the meridian 121 degrees 40 min. E. of Green-
wich, and to acquire on equitable compensation within that territory such sites as-
may be necessary for water supply, communications, and hospitals. Within that
zone Chinese administration will not be interfered with, but no troops other than
Chinese or British shall be allowed therein.
It is also agreed that within the walled city of Weihaiwei Chinese officials shall
continue to exercise jurisdiction, except so far as may be inconsistent with naval
and military requirements for the defence of the territory leased.
It is further agreed that Chinese vessels of war, whether neutral or otherwise,,
shall retain the right to use the waters herein leased to Great Britain.
It is further understood that there will be no expropriation or expulsion of the
inhabitants of the territory herein specified, and that if land is required for forti-
fications, public offices, or any official or public purpose, it shall be bought at a fair
price.
This Convention shall come into force on signature. It shall be ratified by the-
Sovereigns of the two countries, and the 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.
Peince 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 resolved 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 where the import duty was paid.
But if, in connection with any application for a Drawback Certificate, the
Customs Authorities discover an attempt to defraud the revenue, the applicant shall
be liable to a fine not exceeding five times the amount of the duty whereof he
attempted to defraud the Customs, or to a confiscation of the goods.
Art. II.—China agrees to take the necessary steps to provide for a uniform
national coinage which shall be legal tender in payment of all duties, taxes and other
obligations throughout the Empire by British as well as Chinese subjects.
Art. III.—China agrees that the duties and lekin combined levied on goods carried
by junks fro Hongkong to the Treaty Ports in the Canton Province and vice versa
shall together not be less than the duties charged by the Imperial Maritime Customs
on similar goods carried by steamer.
Art. IV.—Whereas questions have arisen in the past concerning the right of
Chinese subjects to invest money 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
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. Y.—The Chinese Government undertake to remove within the next two
years the artificial obstructions to navigation in the Canton River. The Chinese
Government also agree to improve the accommodation for shipping in the harbour of
Canton and to take the necessary steps to maintain that improvement, such work to
be carried out by the Imperial Maritime Customs and the cost thereof to be defrayed
by a tax on goods landed and shipped by British and Chinese alike according to a
scale to be arranged between the merchants and the Customs Authorities.
The Chinese Government are aware of the desirability of improving the naviga-
bility by steamer of the waterway between Ichang and Chungking, but are also fully
aware that such improvement might involve heavy expense and would affect the
interests of the population of the provinces of Szechuen, Hunan, and Hupeh. It is,
therefore, mutually agreed that until improvements can 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 BEITISH COMMERCIAL TREATY WITH CHINA
destination, impedes the free circulation of commodities and injures the interests of
trade, hereby undertake to discard completely those means of raising revenue with
the limitation mentioned in Section 8.
The British Government, in return, consent to allow a surtax, in excess of the
Tariff rates for the time being in force, to be imposed on foreign gpods 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 lehin 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, compiete immunity from all other taxation, examination or delay ; that
the total amount of taxation leviable on native produce for export abroad shall, under
no circumstances, exceed 7| per cent, ad valorem.
Keeping these fundamental principles steadily in view, the high contracting
parties have agreed upon the following methods of procedure:—
Section 1.—The Chinese Government undertake that all barriers of whatsoever
kind, collecting lekin or such like dues or duties, shall be permanently abolished on all
roads, railways, and waterways in the Eighteen Provinces of China and the Three
Eastern Provinces. This provision does not apply to the Native Custom-houses at
present in existence on the seaboard or waterways, at open ports, on land routes, and
on land frontiers of China.
Section 2.—The British Government agree that foreign goods on importation, in
addition to the effective 5 per cent, import duty as provided for in the Protocol of 1901,
shall pay a special surtax equivalent to one and a half times the said duty to com-
pensate for the abolition of lekin, of transit dues in lieu of lekin, and of all other
taxation on foreign goods, and in consideration of the other reforms provided for in
this Article; but this provision shall not impair the right of China to tax salt, native
opium and native produce as provided for in Sections 3, 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 Ch’ing Hui Tien (Dynastic Institutes), may remain; a list of the
same, with their location, shall be furnished to the British Government, for purposes
of record.
Wherever there are Imperial Maritime Custom-houses, or wherever such may
be hereafter placed, 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 BRITISH COMMERCIAL TREATY WITH CHINA 2»
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 (Chnan Chao) and port dues (Chuan Liao) on
junks.
Section 4.—Foreign opium duty and present lelcin—which latter will now become
a surtax in lieu of lekin—shall remain as provided for by existing Treaties.
Section 5.—The British Government have no intention whatever of interfering
with China’s right to tax native opium, but it is essential to declare that, in her
arrangements for levying such taxation, China will not subject other goods to taxation,
delay, or stoppage.
China is free to retain at important points on the borders of each province—either
on land or water—offices for collecting duty on native opium, where duties or contribu-
tions leviable shall be paid in one lump sum ; which payment shall cover taxation of all
kinds within that province. Each cake of opium will have a stamp affixed as evidence
of duty payment. Excise officers and police may be employed in connection with these-
offices ; but no barriers or other obstructions are to be erected, and the excise officers-
or police of these offices shall not stop or molest any other kinds of goods, or collect
taxes thereon.
A list of these offices shall be drawn up and communicated to the British Govern-
ment for record.
Section 6.—Lekin on salt is hereby abolished and the amount of said lekin and of
other taxes and contributions shall be added to the salt duty, which shall be collected
at place of production or at first station after entering the province where it is to be
consumed.
The Chinese Government shall be at liberty to establish salt reporting offices at
which boats conveying salt which is being moved under salt passes or certificates may
be required to stop for purposes of examination and to have their certificates vised,
but at such offices no lekin or transit taxation shall be levied and no barriers or
obstructions of any kind shall be erected.
Section 7.—The Chinese Government may re-cast the Export Tariff with specific
duties as far as practicable on a scale not exceeding five per cent, ad valorem; but
existing export duties shall not be raised until at least six months’ notice has been
given.
In cases where existing export duties are above five per cent, they shall be
reduced to not more than that rate.
An additional special surtax of one half the export duty payable for the time
being, in lieu of internal taxation and lekin, may be levied at time of export on goods
exported either to foreign countries or coastwise.
In the case of silk, whether hand or filature reeled, the total export duty shall not
exceed a specific rate equivalent to not more than five per cent, ad valorem. Half of
this specific duty may be levied at the first Native Custom-house in the interior which
the silk may pass and in such case a certificate shall be given as provided for in Section
3, and will be accepted by the Custom-house concerned at place of export in lieu of
half the export duty. Cocoons passing: Native Custom-houses shall be liable to no
taxation whatever. Silk not exported but consumed in China is liable to the Con-
sumption Tax mentioned in Section 8.
Section 8.—The abolition of the lekin system in China and the abandonment of all
other kinds of internal taxation on foreign imports and on exports will diminish the
revenue materially. The surtax on foreign imports and exports and on coastwise
exports is intended to compensate in a measure for this loss of revenue, but there
THE BEITISH COMMERCIAL TREATY WITH CHINA
remains tlie loss of lehin 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 Government Works at present exempt from
taxation; or to that of Arsenals, Government Dockyards, or establishments of that
nature for Government purposes which may hereafter be erected.
Section 10.—A member or members of the Imperial Maritime Customs Foreign
Staff shall be selected by each of the Govemors-General and Governors, and appointed,
in consultation with the Inspector-General of Imperial Maritime Customs, to each pro-
vince for duty in connection with Native Customs affairs, Consumption Tax, Salt and
Native Opium Taxes. These 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.
Section 11.—Cases where illegal action as described in this Article is complained of
shall be promptly investigated by an officer of the Chinese Government of sufficiently
high rank, in conjunction with a British officer and an officer of the Imperial Maritime
Customs, each of sufficient standing; and in the event of its being found by a majority
of the investigating officers that the complaint is well founded and loss has been
incurred, due compensation is to be at once paid from the Surtax funds, through the
Imperial Maritime Customs at the nearest open port. The High Provincial Officials
are to be held responsible that the officer guilty of the illegal action shall be severely
punished and removed from his post.
If the complaint turns out to be without foundation, complainant shall be held
responsible for the expenses of the investigation.
THE BRITISH COMMERCIAL TREATY WITH CHINA 27
His Britannic Majesty’s Minister will have the right co 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;
Ngankingin Anhui;
Waichow (Hui-chow) in Kwangtung; and
Eongmoon (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 lehin barriers shall be removed and officials employed in the
collection of taxes and dues prohibited by this Article shall be removed from their
posts.
Section 14.—The condition on which the Chinese Government enter into the
present engagement is that all Powers entitled to most favoured nation treatment in
China enter into the same engagements as Great Britain with regard to the payment
of surtaxes and other obligations imposed by this Article on His Britannic Majesty’s^
Government and subjects.
The conditions on which His Britannic Majesty’s Government enter into the
present engagement are:—
(1.) That all Powers who are now or who may hereafter become entitled to most
favoured nation treatment in China enter into the same engagements;
(2.) And that their assent is neither directly nor indirectly made dependent on the
granting by China of any political concession, or of any exclusive commercial concession.
Section 15.—Should the Powers entitled to most favoured nation treatment by
China have failed to agree to enter into the engagements undertaken by Great Britain-
under this Article by the 1st January, 1904, then the provisions of the Article shall
only come into force when ail the Powers have signified their acceptance of these
engagements.
Section 16.—When the abolition of leJcin and other forms of internal taxation on
goods as provided for in this Article has been decided upon and sanctioned, an Imperial
Edict shall be published in due form on yellow paper and circulated, setting forth the
abolition of all leJcin taxation, lekin barriers and all descriptions of internal taxation on
goods, except as provided for in this Article.
The Edict shall state that the Provincial High Officials are responsible that any
official disregarding the letter or spirit of its injunction shall be severely punished and
removed from his post.
Art. IX.—The Chinese Government, recognising that it is advantageous for the
country to develop its mineral resources, and that it is desirable to attract Foreign as
well as Chinese capital to embark in mining enterprises, agree within one year from the
signing of this Treaty to initiate and conclude the revision of the existing Mining
Regulations. China will, with all expedition and earnestness, go into the whole-
question of Mining Rules and, selecting from the rules of Great Britain, India, and
other countries, regulations which seem applicable to the condition of China, she will
re-cast her present Mining Rules in such a way as while promoting the interests of
THE BRITISH COMMERCIAL TREATY WITH CHINA
Chinese subjects and not injuring in any way the sovereign rights of China, shall offer
no impediment to the attraction of foreign capital, or place foreign capitalists at a
greater disadvantage than they would be under generally accepted foreign regulations.
Any mining concession granted after the publication of these new Rules shall be
subject to their provisions.
Art. X. —Whereas in the year 1898 the Inland Waters of China wei-e opened to all
-such steam vessels, native or foreign, as might be especially registered for that trade
at the Treaty Ports, and whereas the Regulations dated 28th July, 1898, and Supple-
mentary Rules dated September, 1898, have been found in some respects inconvenient
in working, it is now mutually agreed to amend them and to annex such new Rules
to this Treaty. These Rules shall remain in force until altered by mutual consent.
It is further agreed that Kongmoon shall be opened as a Treaty Port, and that, in
addition to the places named in the special Article of the Burmah Convention of 4th
February, 1897, British steamers shall be allowed to land or ship cargo and passengers,
under the same regulations as apply to the “ Ports of Call ” on the Yangtze River, at
the following “Ports of Call”: PakTau Hau (Pai-t‘u k‘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 Ki (Jung-chi), Mali Mng (Ma-
ning), Kau Kong (Chiu-chiang), Kulow (Ku-lao), Wing On (Yung-an), How Lik
(Houli), Luk Pu (Lu-pu), Yuet Sing (Yiieh-ch'eng), Luk To (Lu-tu) andFung 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.
Aid. 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 such a
Commission be formed by China and the Treaty Powers interested.
Art. XIY.—Whereas under Rule Y. 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
Should any vessel specially chartered to load rice or grain previously contracted
for have arrived at ber loading port prior to or on the day when a notice of prohibition
*to export comes into force, she shall he 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 Eice 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 Eice so shipped or landed.
The Chinese Government undertake that no rice, other than Tribute or Army
Eice belonging to the Government, shall be shipped during the period of prohibition.
Notifications of prohibitions, and of the quantities of Army or Tribute Eice 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
tremain 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. Maokay.
Annex A.—(1)
(Translation)
Lit, President of the Board of Works ;
Sheng, Junior Guardian of the Heir Apparent, Vice-President of the Board of
Works ;
Imperial Chinese Commissioners for dealing with questions connected with the
Commercial Treaties, to
Sir James Mackay, His Britannic Majesty’s Special Commissioner for the dis-
cussion of Treaty matters.
80 THE BEITISH COMMEECIAL TEEATY WITH CHINA
Shanghai: K. H. XXVIII., 7th moon, 11th day
(Received August 15, 1902J
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
“ made good.”
As we have already arranged with you that a declaration of this kind should be
embodied in an Official Note, and form an annex to the present Treaty, for purposes of
record, we hereby do ourselves the honour to make this communication.
Annex A—(2)
Gentlemen, Shanghai, August 18th, 1902.
I have the honour to acknowledge the receipt of your despatch of the 14th instant
forwarding copy of a telegram from His Excellency Liu, Governor-General of the
Liang Chiang, on the subject of Article II. of the new Treaty, and in reply I have the-
honour to state that His Excellency’s understanding of the Article is perfectly correct.
I presume the Chinese Government will make arrangements for the coinage of a
national silver coin of such weight and touch as may be decided upon by them-
These coins will be made available to the public in return for a quantity of silver
bullion of equivalent weight and fineness plus the usual mintage charge.
The coins which will become the national coinage of China will be declared by
the Chinese Government to be legal tender in payment of Customs duty and in-
discharge of obligations contracted in Haikwan taels, but only at their proportionate^
value to the Haikwan tael, whatever that may be.
I have the honour to be,
Gentlemen,
Your obedient Servant,
Their Excellencies (Signed) Jas. L. Mackay.
Lu Hai-hoan and Sheng Hsttan-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 o£
Works;
Imperial Chinese Commissioners for dealing with questions connected with the-
Commercial Treaties, to
Sir James L. Mackay, His Britannic Majesty’s Special Commissioner.
Shanghai, September 2nd, 1902.
We have the honour to inform you that on the 22nd of August, we, in conjunction*
with the Governors-General of the Liang Chiang and the Hu-kuang Provinces, Their
Excellencies Liu and Chang, addressed the following telegraphic Memorial to the-
Throne:—
“ Of the revenue of the different Provinces derived from leJcin 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
■“ lehin 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 lehin
“ is thereto pledged, these additional taxes shall be allocated to the various Provinces
“ to make up deficiencies and replace revenue, in order that no hardships may be
“ entailed on them. With a view to preserving the original intention underlying the
■“ proposal to increase the duties in compensation for the loss of revenue derived from
“leJcin 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 Bevenue to find out what
^‘proportion of the provincial revenues derived from lekin of all kinds, now about
“ to be abolished, each Province has hitherto had to remit, and what proportion it
“ has been entitled to retain, so that, when the Article comes into operation, due
■“ apportionment may be made accordingly, thus providing the Provinces with funds
“ available for local expenditure and displaying equitable and just treatment towards
“ all.”
On the 1st instant an Imperial Decree “Let action, as requested, be taken,”
was issued, and we now do ourselves the honour reverently to transcribe the same
for your information.
Annex B—(2)
Shanghai, September 5th, 1902.
Gentlemen,
I have the honour to acknowledge the receipt of your despatch of the 2nd instant
forwarding the text of the Memorial and Decree dealing with the disposal of the
surtaxes.
I understand that the surtaxes in addition to not being pledged for any new
foreign loan are not to be pledged to, or held to be security for, liabilities already
contracted by China except in so far as lekin revenue has already been pledged to an
existing loan.
I also understand from the Memorial that the whole of the surtaxes provided by
Article VIII. of the New Treaty goes to the Provinces in proportions to be agreed
upon between them and the Board of Bevenue, but that out of these surtaxes each
Province is obliged to remit to Peking the same contribution as that which it has
hitherto remitted out of its lekin collections, and that the Provinces also provide as
hitherto out of these surtaxes whatever funds may be necessary for the service of the
foreign loan to which lekin is partly pledged.
I hope Tour 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,
Your obedient Servant,
(Signed) Jas. L. Mackat.
Their Excellencies,
Ltr Hai-huan and Sheng Hsuan-huai,
etc., etc., etc.
THE BRITISH COMMERCIAL TREATY WITH CHINA
Annex B—(3)
(Translation)
Lit, President of the Board of Works;
Sheng, Junior Guardian of the Heir Apparent, Yice-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 lehin revenue. The
amount, therefore, of the allocation due to the Provinces, arranged between them and
the Board of Bevenue, will be retained in the hands of the Maritime Customs, who
will await the instructions of the Provinces in regard to the remittance of such
portion thereof as may be necessary to fulfil their obligations, and (on receipt of
these instructions) will send forward the amount direct. The balance will be held
to the order of the Provinces.
In so far as lekin is pledged to the service of the 1898 loan, a similar method of
procedure will be adopted.
As you request that this correspondence be annexed to the Treaty, we have the-
honour to state that we see no objection to this being done.
Annex C
INLAND WATERS STEAM NAVIGATION
Additional Rules
1. —British steamship owners are at liberty to lease warehou
banks of waterways from Chinese subjects for a term not exceeding 25 years, with
option of renewal on terms to be mutually arranged. In cases where British mer-
chants are unable to secure warehouses and jetties from Chinese subjects on satis-
factory terms, the local officials, after consultation with the Minister of Commerce,
shall arrange to provide these on renewable lease as above mentioned at current
equitable rates.
2. —Jetties shall only be erected in such positions that they
inland waterway or interfere with navigation, and with the sanction of the nearest
Commissioner of Customs ; such sanction, however, shall not be arbitrarily withheld.
3. —British merchants shall pay taxes and contributions on
jetties on the same footing as Chinese proprietors of similar properties in the neigh-
bourhood. British merchants may only employ Chinese agents and staff to reside in
warehouses so leased at places touched at by steamers engaged in inland traffic to
carry on their business; but British merchants may visit these places from time to
time to look after their affairs. The existing rights of Chinese jurisdiction over
Chinese subjects shall not by reason of this clause be diminished or interfered with
in any way.
4. —Steam vessels navigating the inland waterways of China
for loss caused to riparian proprietors by damage which they may do to the banks
THE BEITISH 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
waterways of China opened to si earn 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
been forbidden, to carry contraband goods. Infraction of this rule will entail the
penalties prescribed in the Treaties for such an offence, and cancellation of t he Inland
Waters Navigation Certificate carried by the vessels, which will be prohibited from
thereafter plying on inland waters.
7. —As it is desirable that the people living inland should be distur
as possible by the advent of steam vessels to which they are not accustomed, inland
waters not hitherto frequented by steamers shall be opened as gradually as may be
convenient to merchants and only as the owners of steamers may see prospects of
remunerative trade.
In cases where it is intended to run steam vessels on waterways on which such
vessels have not hitherto run, intimation shall be made to the Commissioner of
Customs at the nearest open port who shall report the matter to the Ministers of
Commerce. The latter, in conjunction with the Governor-General or Governor of
the Province, after careful consideration of all the circumstances of the case, shall at
once give their approval.
8. —A registered steamer may ply within the waters of a port, or fr
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. T
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 Navigat
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. Mackat.
2
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-Fitzmaurice, 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 Forces, His Imperial Majesty’s Envoy Extraordinary and
Minister Plenipotentiary at the Court of His Majesty the King of the United Kingdom
of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor
of India;
And the said Plenipotentiaries having met and communicated to each other their
respective full powers, and found them 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 loeal authorities at the specified Treaty port to take all the steps
necessary to facilitate emigration. The notification herein referred to shall only be
required once in the case of each Colony or Protectorate, except when emigration
under indenture to that Colony or Protectorate from the specified Treaty port has
not taken place during the preceding three years.
EMIGRATION CONVENTION
Art. II.—On the receipt of the instructions above referred to, the Taotai at the
port shall at once appoint an officer, to be called the Chinese Inspector; who,
together with the British Consular Officer at the port, or his De'egate, 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. IY.—(1.) There shall be posted up in conspicuous places throughout the
Emigration Agency, and more especially in that part of it called the Dep6t, 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 Dep6t 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
2*
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. VIIE.—The Indenture shall be signed, or in cases of illiteracy marked, by
the emigrant after the Chinese manner, in the presence of the British Consular Officer
or his Delegate and of the Chinese Inspector or his Delegate, who shall be respon
sible to their respective Governments for its provisions having been clearly and fully
explained to the emigrant previous to signature. To each emigrant there shall be
presented a copy of the Indenture drawn up in English and Chinese. Such Inden-
ture shall not be considered as definitive or irrevocable until after the embarkation
of the emigrant.
Art. IX.—In every British Colony or Protectorate to which indentured Chinese
emigrants proceed, an officer or officers shall be appointed, whose duty it shall be to
insure that the emigrant shall have free access to the Courts of Justice to obtain the
redress for inj uries 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 37
SCHEDULE
Regulations
Ships employed in the transport of indentured emigrants from China under this
■Convention must be seaworthy, clean, and properly ventilated, and with regard to
the following matters, shall comply with conditions as far as possible equivalent to
those in force in British India with reference to the emigration of natives from India:—
Accommodation required on board (vide Section 57 of “ The Indian Emigration
Act, 1883”).
Sleeping accommodation consisting of wooden sheathing to the decks or
•sleeping platforms (vide rule regarding “iron decks,” as amended the 16th August,
1902, in Schedule “A” to the rules under “The Indian Emigration Act, 1888”).
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 .. 1| lb
Fish (dried or salt) or meat (fresh or preserved) .. 0^ „
Fresh vegetables of suitable kinds
Salt ..•• 1l| oz.„
Sugar .. n „
Chinese tea
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 of Lansdowne and the Chinese
Minister on Signing Convention of May 13th, 1904
Foreign Office, London, May 13th, 1904.
Sir,—By Article VI. of the Convention about to be concluded between Great
Britain and China with regard to Chinese subjects leaving the Treaty ports of China
under Indenture for service in British Colonies or Protectorates, it is provided
that:—
“ For the better protection of the emigrant and of any other Chinese subject
who may happen to be residing in the Colony or Protectorate to which the
• emigration is to take place, it shall be competent to the Emperor of China to appoint
a Consul or Vice-Consul to watch over their interests and well-being, and such
Consul or Vice-Consul shall have all the rights and privileges accorded to the Consul
of other nations.”
His Majesty’s Government consider it specially important that the persons
appointed to occupy, for the purpose named, the position of Consul or Vice-Consul
-•should be experienced officers of Chinese nationality, that they should be exclusively
EMIGRATION CONVENTION—AGREEMENTS RESPECTING TIBET
in the service of the Emperor of China, and that in each case the name of the person
selected should be communicated to His Majesty’s Government, and their agreement
to the appointment obtained.
I have the honour to inquire whether the Chinese Government are prepared to
meet the wishes of His Majesty’s Government in the matter. If so, and if you will
inform me accordingly, this note and your reply might be attached to the Convention
in order to place on formal record the arrangement concluded.—I have, &c.
(Signed) Lansdowne.
Chang 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. V. Chang.
The Marquess of Lansdowne, K.G.,
etc., etc., etc.
AGREEMENTS RESPECTING TIBET
Signed at Peking, April 27th, 1906
To Which is Annexed the Convention Between the United Kingdom1
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
full effect the refusal
the provisions of the ofAnglo-Chinese
Tibet to recognise the validity
Convention of Marchof17th,
or to 1890,
carry into*
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;
AGEEEMENTS RESPECTING TIBET
Anri 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 tp 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
or internal administration of Tibet.
Art. III.—The concessions which are mentioned in Article 9 (d) of the Con-
vention concluded on September 7th, 1904, by Great Britain and Tibet 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.)
40 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 Government under these agreements; and whereas recent
occurrences have tended towards a disturbance of the relations of friendship and good
understanding which have existed between the British Government and the Government
of Tibet; and whereas it is desirable to restore peace and amicable relations and to
resolve and determine the doubts and difficulties as aforesaid, the said Governments
have resolved to conclude a Convention with these objects, and the following Articles
have been agreed upon by Colonel F. E. Tounghusband, C.I.E., in virtue of full powers
vested in him by His Britannic Majesty’s Government and on behalf of that said
Government, and Lo-Sang Gyal-Tsen, the Ga-den Ti-Rimpoche,and the representatives
of the Council of the three monasteries Se-ra, Dre-pung, and Ga-.den, and of the
ecclesiastical and lay officials of the National Assembly on behalf of the Government
of Tibet:—
I. —The Government of Tibet engages to respect the Anglo-Ch
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 forthwit
all British and Tibetan subjects shall have free right of access at Gyangtse and Gartokr
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
development of trade requires it.
III. —The question of the amendment of the Eegulation
separate consideration, and the Tibetan Government undertakes to appoint fully
authorised delegates to negotiate with representatives of the British Government as
to the details of the amendments required.
IY.—The Tibetan Government undertakes to levy no dues of any kind other than
those provided for in the tariff to be mutually agreed upon.
V. —The Tibetan Government undertakes to keep the road
Gartok from the frontier clear of all obstruction and in a state of repair suited to the
needs of the trade, and to establish at Yatung, Gyangtse and Gartok, and at each of
the other trade marts that may hereafter be established, a Tibetan Agent who shall
receive from the British Agent appointed to watch over British trade at the marts in
question any letter which the latter may desire to send to the Tibetan or to the Chinese
authorities.' The Tibetan Agent shall also be responsible for the due delivery of such'
communications and for the transmission of replies.
VI. —As an indemnity to the British Government for the e
despatch of armed troops to Lhasa, to exact reparation for breaches of treaty obligations,,
and for the insults offered to and attacks upon the British Commissioner and his
following and escort, the Tibetan Government engages to pay a sum of Pounds five-
hundred thousand, equivalent to Rupees seventy-five lakhs, to the British Government.
The indemnity shall be payable at such place as the British Government may
from time to time, after due notice, indicate, whether in Tibet or in the British districts-
of Darjeeling or Jalpaiguri, in seventy-five annual instalments of Rupees one lakh each
on the 1st January in each year, beginning from the 1st January, 1906.
VII. —As security for the payment of the above-mentioned
fulfilment of the provisions relative to trade marts specified in Articles II., III., IV., and
AGREEMENTS RESPECTING TIBET 41
V., the British Government 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.
■VIII.—The Tibetan Government 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 previo
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 concession^ 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, and
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 Bttssia 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 territ
of Tibet and to abstain from all interference in its internal administratibn.
II. —In conformity with the admitted principle of the suzeraint
Tibet, Great Britain and Russia engage not to enter into negotiations with Tibet
except through the intermediary of the Chinese Government. This engagement does
not exclude the direct relations between British Commercial Agents and the Tibetan
authorities provided for in Article V. of the Convention between Great Britain and
Tibet of September 7th, 1904, and confirmed by the Convention between Great
Britain and China of April 27th, 1906; nor does it modify the engagements entered
into by Great Britain and China in Article I. of the said Convention of 1906.
It is clearly understood that Buddhists, subjects of Great Britain or of Russia,
may enter into direct relations on strictly religious matters with the Dalai Lama and
the other representatives of Buddhism in Tibet; the Governments of Great Britain
and Russia engage, as far as they are concerned, not to allow those relations to
infringe the stipulations of the present arrangement.
III. —The British and Russian Governments respectively e
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
in kind or in cash, shall be pledged or assigned to Great Britain or Russia or to any
of their subjects.
42 AGREEMENTS RESPECTING TIBET
Annex
Great Britain reaffirms the Declaration, signed by His Excellency the Viceroy
and Governor-General of India and appended to the ratification of the Convention of
September 7th, 1904, to the effect that the occupation of the Chumbi Valley by
British forces shall cease after the payment of three annual instalments of the-
indemnity of 25,000,000 Rupees, provided that the trade marts mentioned in Article
II. of that Convention have been effectively opened for three years, and that in 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 ISth (Slsf), 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 18fA (31si), 1907
M. 1’Ambassadeur,—In reply to your Excellency’s note of even date, I have the
honour to declare that the Imperial Russian Government think it desirable, so far as
they are concerned, not to allow, unless by a previous agreement with the British
Government, for a period 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. —Prom the first of January, 1911, China shall diminish annu
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 pol
ing the production, the transport and the smoking of native opium, and His
Majesty’s Government have expressed their agreement therewith and willingness to
give every assistance. With a view to facilitating the 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.
III. —His Majesty’s Government further agree that Indian o
conveyed into any province in China which can establish by clear evidence that it
has effectively suppressed the cultivation and import of native opium.
It is understood, however, that the closing of the ports of Canton and Shanghai
to the import of Indian opium shall not take effect except as the final step on the
part of the Chinese Government for the completion of the above measure.
IV. —During the period of this Agreement it shall be perm
Majesty’s Government to obtain continuous evidence of this diminution by local
enquiries 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.
V. —By the arrangement of 1907 His Majesty’s Government
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.
OPIUM AGREEMENT
VI. —The Chinese Government undertake to levy a uniform
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 100
catties, such increase to take effect as soon as the Chinese Government levy an.
equivalent excise tax on all native opium.
VII. —On confirmation of this Agreement and beginning
the new rate of consolidated import duty^China will at once cause to be withdrawn
all restrictions placed by the Provincial authorities on the wholesale trade in Indian
opium, such as those recently imposed at Canton and elsewhere, and also all taxation
on the wholesale trade other than the consolidated import duty, and no such
restrictions or taxation shall be again imposed so long as the Additional Article to
the Chefoo Agreement remains as at present in force.
It is also understood that Indian raw opium having paid the consolidated
import duty shall be exempt from any further taxation whatsoever in the port of
import.
Should the conditions contained in the above two clauses not be duly observed.
His Majesty’s Government shall be at liberty to suspend or terminate this
Agreement at any time.
The foregoing stipulations shall not derogate in any manner from the force of
the laws already published or hereafter to be published by the Imperial Chinese
Government to suppress the smoking of opium and to regulate the retail trade in
the drug in general.
VTII.—With a view to assisting China in the suppression of opium His
Majesty’s Government undertake that from the year 1911 the Government of India
will issue an export permit with a consecutive number for each chest of Indian
opium declared for shipment to or for consumption in China.
During the year 1911 the number of permits so issued shall not exceed 30,600
and shall be progressively reduced annually by 5,100 during the remaining six years
ending 1917.
A copy of each permit so issued shall, before shipment of opium declared for
shipment to or consumption in China, be handed to the Chinese official for trans-
mission to his Government, or to the Customs authorities in China.
His Majesty’s Government undertake that each chest of opium for which such
permit has been granted shall be sealed by an official deputed by the Indian
Government in the presence of the Chinese official if so requested.
The Chinese Government undertake that chests of opium so sealed and
accompanied by such permits may be imported into any Treaty Port of China
without let or hindrance if such seals remain unbroken.
IX. —Should it appear on subsequent experience desirable
the unexpired portion of seven years to modify this Agreement or any part thereof,
it may be revised by mutual consent of the two high contracting parties.
X. —This Agreement shall come into force on the date of signa
In witness whereof the undersigned, duly authorized thereto by their respective
Governments, have signed the same and have affixed thereto their seals.
Done at Peking in quadruplicate (four in English and four in Chinese) this
eighth day of May, one thousand nine hundred and eleven, being the tenth day of
the fourth month of the third year of Hsuan T’ung.
[L.S.] J. N. Jordan. [l.s.] Tsou Chia-lai.
OPIUM AGREEMENT 45
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 andCanton
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 nncertificated 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.
[n.s.j J. N. Jordan. [l.s.] Tsou Chia-lai.
FRANCE
TREATY OE PEACE, FRIENDSHIP, COMMERCE, AND
NAVIGATION BETWEEN PRANCE AND CHINA
Signed, in the French and Chinese Languages, at Tientsin, 27th June, 1858
Ratifications Exchanged at Peking, 25th October, 1860
His Majesty the Emperor of the French and His Majesty the Emperor of China,
being desirous to put an end to the existing misunderstanding between the two
Empires, and wishing to re-establish and improve the relations of friendship, com-
merce, and navigation between the two Powers, have resolved to conclude a new
Treaty based on the common interest of the two countries, and for that purpose have
named as their Plenipotentiaries, that is to say:—
His Majesty the Emperor of the French, Baron Gros, Grand Officer of the Legion
of Honour, Grand Cross of the Order of the Saviour of Greece, Commander of the
Order of the Conception of Portugal, etc., etc., etc.
And His Majesty the Emperor of China, Kweiliang, Imperial High Commis-
sioner of the Ta-Tsing Dynasty, Grand Minister of the East Palace, Director-General
of the Council of Justice, etc., etc., etc.; andHwashana, Imperial High Commissioner
of the Ta-Tsim; 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
TREATY BETWEEN FRANCE AND CHINA 47
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. IY.—Henceforth the official correspondence between the authorities and the
officers of the two countries shall be regulated according to their respective ranks and
conditions and upon the basis of the most absolute reciprocity. This correspondence
shall take place between the high French officers and high Chinese officers, in
the capital or elsewhere, by dispatch or communication; between the French sub-
ordinate officers and the high authorities in the provinces, on the part of the former
by statement, and on the part of the latter by declaration.
Between the officers of lower rank of the two nations, as above provided, on
the footing of a perfect equality.
Merchants and generally all persons not having an official character shall on both
sides use the form of representation in all documents addressed to or intended for the
notice of the respective authorities.
Whenever a French subject shall have recourse to the Chinese authority, his
representation shall first be submitted to the Consul, who, if it appears to him
reasonable and properly addressed, shall forward it; if it be otherwise, the Consul
shall cause the tenour to be modified or refuse to transmit it. The Chinese, on their
part, when they have to address a Consulate, shall follow a similar course towards
the Chinese authority, who shall act in the same manner.
Art. V.-—His Majesty the Emperor of the French may appoint Consuls or Con-
sular Agents in the coast and river ports of the Chinese empire named in Article YI.
of the present Treaty to conduct the business between the Chinese authorities and
French merchants and subjects and to see to the strict observance of the stipulated
rules. These officers shall be treated with the consideration and regard which are
due to them. Their relations with the authorities of the place of their residence
shall be established on the footing of the most perfect equality. If they shall have
to complain of the proceedings of the said authorities, they may address the superior
authority of the province direct, and shall immediately advise the Minister Plenipo-
tentiary of the Emperor thereof.
In case of the absence of the French Consul, captains and merchants shall be
at liberty to have recourse to the intervention of the Consul of a friendly Power, or,
if this be impossible, they shall have recourse to the chief of the Customs, who shall
advise as to the means of assuring to the said captains and merchants the benefits of
the present Treaty.
Art. VI.—Experience having demonstrated that the opening of new ports to
foreign commerce is one of the necessities of the age, it has been agreed that the
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
48 TREATY BETWEEN FRANCE AND CHINA
Nanking, tlie French agents in China shall not deliyer passports to their nationals
for this city until the rebels have been expelled by the Imperial troops.
Art. YII.—French subjects and their families may establish themselves and
trade or pursue their avocations in all security, and without hindrance of any kind
in the ports and cities enumerated in the preceding Article.
They may travel freely between them if they are provided with passports, but
it is expressly forbidden to them to trade elsewhere on the coast in search of
clandestine markets, under pain of confiscation of both the ships and goods used in
such operations, and this confiscation shall be for the benefit of the Chinese Govern-
ment, who, however, before the seizure and confiscation can be legally pronounced, 1
must advise the French Consul at the nearest port.
Art. VIII.—French subjects who wish to go to interior towns, or ports not open
to foreign vessels, may do so in all security, on the express condition that they are
provided with passports written in French and Chinese, legally delivered by the
diplomatic agents or Consuls of France in China and vised by the Chinese authorities.
In case of the loss of his passport, the French subject who cannot present it
when it is legally required of him shall, if the Chinese authorities of the place refuse
him permission to remain a sufficient time to obtain another passport from the
Consul, be conducted to the nearest Consulate and shall not be maltreated or insulted
in any way.
As is stipulated in the former Treaties, French subjects resident or sojourning
in the ports open to foreign trade may travel without passports in their immediate
neighbourhood and there pursue their occupations as freely as the natives, but they
must not pass certain limits which shall be agreed upon between the Consul and the
local authority. The French agents in China shall deliver passports to their
nationals only for the places where the rebels are not established at the time the
passport shall be demanded.
These passports shall be delivered by the French authorities only to persons
who offer every desirable guarantee.
Art. IX.—All changes made by common consent with one of the signatory Powers
of the treaties with China on the subject of amelioration of the tariff now in 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 servants. They
shall also have the right of engaging teachers in order to learn to speak and write
TREATY BETWEEN FRANCE AND CHINA 49
’the Chinese language and any other language or dialect used in the empire,
as also to secure their aid in scientific or literary works. Equally they may teach to
Chinese subjects their own or foreign languages and sell without obstacle French
books or themselves purchase Chinese books of all descriptions.
Art. XII.—Property of any kind appertaining to French subjects in the Chinese
•empire shall be considered by the Chinese inviolable and shall always be respected
by them. The Chinese authorities shall not, under any circumstances whatever,
-place French vessels under embargo nor put them under lequisition 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
Tecognised 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 asainst 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
tmay 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
ipenalty 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.
50 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 bOO Dollars, and the goods discharged may be seized, the whole to the profit
of the Chinese Government.
Art XVIII.—French captains and merchants may hire whatever boats and.
lighters they please for the transport of goods and passengers, and the sum to be-
paid for such boats shall be settled between the parties themselves, without the
intervention of the Chinese authority, and consequently without its guarantee in case
of accident, fraud, or disappearance of the said boats. The number of these boats
shall not be limited, nor shall a monopoly in respect either of the boats or of the-
carriage of merchandise by porters be granted to any one.
Art. XIX.—Whenever a French merchant shall have merchandise to load or
discharge he shall first remit a detailed note of it to the Consul or Consular Agent,
who will immediately charge a recognised interpreter to the Consulate to communicate-
it to the Superintendent of Customs. The latter shall at once deliver a permit for
shipping or landing the goods. He will then proceed to the verification of the goods
in such manner that there shall be no chance of loss to any party.
The French merchant must cause himself to be represented (if he does not prefer
to attend himself) at the place of the verification by a person possessing the requisite
knowledge to protect his interest at the time when the verification for the liquida-
tion of the dues is Ynade; 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, them
tared and the average tare of these shall be taken as the tare for all the others.
If during the course of verification any difficulty arises which cannot be settled,,
the French merchant may claim the intervention of the Consul, who will immediately
bring the subject of dispute to the notice of the Superintendent of Customs, and both
will endeavour to arrive at an amicable arrangement, but the claim must be made-
within twenty-four hours; otherwise it will not receive attention. So long as the
result of the dispute remains pending, the Superintendent of Customs shall not enter
the matter in his books, thus leaving every latitude for the examination and solution-
of the difficulty.
On goods imported which have sustained damage a reduction of duties propor-
tionate to their depreciation shall be made. This shall be equitably determined, and,
if necessary, in the manner above stipulated for the fixing of ad valorem duties.
Art. XX.—Any vessel having entered one of the ports of China, and which has
not yet iised the permit to open hatches mentioned in Article XIX., may within two
days of arrival quit that port and proceed to another without having to pay either
tonnage dues or Customs duties, but will discharge them ultimately in the port where
sale of the goods is effected.
Art. XXI.—It is established by common consent that import duties shall be-
discharged by the captains or French merchants after the landing and verification
of the goods. Export duties shall in the same manner be paid on the shipment of
the goods. When all tonnage dues and Customs duties shall have been paid in full
by a French vessel the Superintendent of Customs shall give a general aquittance, on
the exhibition of which the Consul shall return the ship’s papers to the captain and.
permit him to depart on his voyage. The Superintendent of Customs shall name
one or several banks, which shall be authorised to receive the sum due by French
merchants on account of the Government, and the receipts of these banks for all
payments which have been made to them shall be considered as receipts of the-
TREATY BETWEEN FRANCE AND CHINA 51
‘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 tour 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
iport and sell it there. The duty shall then be paid.
French subjects having paid in one port the duties on their goods, wishing to
re-export them and send them for sale to another port, shall notify the Consul or
‘Consular Agent. The latter shall inform the Superintendent of Customs, who, after
ihaving 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 6 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 (or the original Article in 1865.
52 TREATY BETWEEN ’ FRANCE AND CHINA
scales for goods and silver, the weights and measures agreeing exactly with the’
weights and measures in use at the Canton Custom-house, and bearing a stamp and
seal certifying this authority. These scales shall be the base of all liquidations of
duties and of all payments to be made to the Chinese Government. They shall be
referred to in case of dispute as to the weights and measures of goods, and the decree
shall be according to the results they show.
Art. XXVII.—Import and export duties levied in China on French commerce
shall be regulated according to the tariff annexed to the present Treaty under the
seal and signature of the respective Plenipotentiaries. This tariff may be revised
every seven years inorder to be in harmony with the changes brought about by time
in the value of the products of the soil or industry of the two empires.
By the payment of these duties, the amount of which it is expressly provided;
shall not be increased nor augmented by any kind of charge or surtax whatever,
French subjects shall be free to import into China, from French or foreign ports, and
equally to export from China, to any destination, all goods which shall not be, at the-
date of the signing of the present Treaty and according to the classification of the
annexed tariff, the object of a special prohibition or of a special monopoly. The
Chinese Government renouncing therefore the right of augmenting the number of
articles reputed contraband or subject of a monopoly, any modification of the
tariff shall be made only after an understanding has been come to with the French-
Government and with its full and entire consent.
With regard to the tariff, as well as every stipulation introduced or to be in-
troduced in the existing Treaties, or those which may hereafter be concluded, it
remains well and duly established that merchants and in general all French subjects
in China shall always have the same rights and be treated in the same way as the
most favoured nation.
Art. XXVIII.—The publication of the regular tariff doing away henceforth with
all pretext for smuggling, it is not to be presumed that any act of this nature may
be committed by French vessels in the ports of China. If it should be otherwise,,
all contraband goods introduced into these ports by French vessels or merchants
whatever their value or nature, as also all prohibited goods fraudulently discharged,
shall be seized by the local authority and confiscated to the profit of the Chinese
Government. Further, the latter may, if it sees fit, interdict the re-entry to China of
the vessel taken in contravention and compel it to leave immediately after the sette-
ment of its accounts.
If any foreign vessel fraudulently makes use of the French flag the French
Government shall take the necessary measures for the repression of this abuse.
Art. XXIX.—His Majesty the Emperor of the French may station a vessel of war
in any principal port of the empire where its presence may be considered necessary to
maintain good order and discipline amongst the crews of merchant vessels and to
facilitate the exercise of the Consular authority; all necessary measures shall be taken
to provide that the presence of these vessels of war shall entail no inconvenience, and
their commanders shall receive orders to cause to be executed the provisons of
Article XXXIII. in respect of the communications with the land and the policing
of the crews Vessels of war shall be subject to no duty.
Art. XXX.—Every French vessel of war cruising for the protection of commerce
shall be received as a friend and treated as such in all the ports of China which it
shall enter. These vessels may there procure the divers articles of refitting and
victualling of which they shall have need, and, if they have suffered damage, may
repair there and purchase the materials necessary for such repair, the whole without
the least opposition.
The same shall apply to French trading ships which in consequence of great
damage or any other reason may be compelled to seek refuge in any port whatsoever
of China.
If a vessel be wrecked on the coast of China, the nearest Chinese authority, on
being informed of the occurrence, shall immediately send assistance to the crew,,
provide for their present necessities, and take the measures immediately necessary
TREATY BETWEEN FRANCE AND CHINA 53
for the salvage of the ship and the preservation of the cargo. The whole shall then
be brought to the knowledge of the nearest Consul or Consular Agent, in order that
the latter, in concert with the competent authority, may provide means for the
relief of the crew and the salvage of the debris of the ship and cargo.
Art. XXXI.—Should China be at war with another Power, this circumstance
shall not in any way interfere with the free trade of France with China or with the
opposing nation. French vessels may always, except in the case of effective blockade,
sail without, obstacle from the ports of the one to the ports of the othor, trade in the
ordinary manner, and import and export every kind of merchandise not prohibited.
Art. XXXII.—Should sailors or other persons desert, from French ships-of-war,
or .leave French trading vessels, the Chinese authority, on the requisition of the
Consul, or failing the Consul that of the captain, shall at once use every means to
discover and restore the aforesaid fugitives into the hands of one or the other of them.
In the same manner, if Chinese deserters or 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 othermanner, 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.
B4 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 his Government shall in any manner be held responsible.
Art. XXXVIII.—If unfortunately any fight or quarrel occurs between French
and Chinese subjects, as also if during the course of such quarrel one or more persons
be killed or wounded, by firearms or otherwise, the Chinese shall be arrested by the
Chinese authority, who will be responsible, if the charge be proved, for their punish-
ment according to the laws of the country. With regard to the French, they shall
be arrested at the instance of the Consul, who shall take the necessary measures that
they may be dealt with in the ordinary course of French law in accordance with the
forms and practice which shall be afterwards decided by the French Government.
The same course shall be observed in all similar circumstances not enumerated
in the present convention, the principle being that for the repression of crimes and
offences committed by them in China French subjects shall be dealt with according
to the laws of France.
Art. XXXIX.—Disputes or differences arising between French subjects in China
shall, equally, be settled by the French authorities. It is also stipulated that the
Chinese authorities shall not in any manner interfere in any dispute between French
subjects and other foreigners. In the same way they shall not exercise any authority
over French vessels; these are responsible only to the French authorities and the
captain.
Art. XL.—If the Government of His Majesty the Emperor of the French shall
consider it desirable to modify any of the clauses of the present Treaty it shall be at
liberty to open negotiations to this effect with the Chinese Government after an
interval of ten years from the date of the exchange of the ratifications. It is also
understood that no obligation not expressed in the present convention shall be
imposed on the Consuls or Consular Agents, nor on their nationals, but, as is
; stipulated, French subjects shall enjoy all the rights, privileges, immunities, and
guarantees whatsoever which have been or shall be accorded by the Chinese Govern-
ment to other Powers.
Art. XLI.—His Majesty the Emperor of the French, wishing to give to His
Majesty 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 ERANCE 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 Gros,
Senator of the Empire, Ambassador and High Commissioner of France in China,
Grand Officer of the Imperial Order of the Legion of Honour, Knight Grand Cross
of several Orders, etc., etc., etc.;
And His Majesty the Emperor of China, Prince Kung, a member of the Imperial
Family and High Commissioner;
Who, having exchanged their full powers, found in good and due form, have
agreed upon the following Articles:—
Art. I.—His Majesty the Emperor of China has regarded with pain the conduct
of the Chinese military authorities at the mouth of the Tientsin river, in the month of
June last year, when the Minsters Plenipotentiary of France and England arrived
there on their way to Peking to exchange the ratifications of the Treaties of Tientsin.
Art. II.—When the Ambassador, the High Commissioner of His Majesty the
Emperor of the French, shall be in Peking for the purpose of exchanging the ratifica-
tions of the Treaty of Tientsin, he shall be treated during his stay in the capital with
the honours due to his rank, and all possible facilities shall be given him by the
Chinese Authorities in order that he may without obstacle fulfil the high mission
confided to him.
Art. III.—The Treaty signed at Tientsin on the 27th June, 1858, shall be faith-
fully placed in execution in all its clauses immediately after the exchange of the
ratifications referred to in the preceding Article, subject to the modifications introduced
by the present Convention.
Art. IV.—Article IV. of the Secret Treaty of Tientsin, by which His Majesty
the Emperor of China undertook to pay to the French Government an indemnity of
two million Taels, is annulled and replaced by the present Article, which increases
the amount of the indemnity to eight million Taels.
It is agreed that the sum alerady paid by the Canton Customs on account of the
sum of two million Taels stipulated by the Treaty of Tientsin shall be considered as
having been paid in advance and on account of the eight million Taels referred to in
the present Article.
The provisions of the Article of the Secret Treaty of Tientsin as to the mode of
payment of the two million Taels are annulled. Payment of the remainder of the sum
of eight million taels to be paid by the Chinese Government as provided by the present
Convention shall be made in quarterly instalments consisting of one-fifth of the gross
Customs revenues at the ports open to foreign trade, the first term commencing on
the 1st October of the present year, and finishing on the 31st December following.
This sum, specially reserved for the payment of the indemnity due to France, shall
be paid into the hands of the Minister for France or of his delegates in Mexican
dollars or in bar silver at the rate of the day of payment.
56 CONVENTION BETWEEN FRANCE AND CHINA
A sum of five hundred thousand Taels shall, however, be paid on account in
advance at one time, and at Tientsin, on the 30th November next, or sooner if the
Chinese Government judges it convenient.
A Mixed Commission, appointed by the Minister of France and by the Chinese
Authorities, shall determine the rules to be--foliowed 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
or proteges of France for the losses they have sustained or the treatment to which
they have been subjected, and that the remaining seven million Taels shall be applied
to the liquidation of the expenses occasioned by the war.
Art. VI.—In conformity with the Imperial edict issued on the 20th March, 1856,
by the August Emperor Tao Kwang, the religious and charitable establishments which
have been confiscated during the persecutions of the Christians shall be restored to
their proprietors through the Minister of France in China, to whom the Imperial
-Government will deliver them, with the cemeteries and edifices appertaining to them.
Art. VII.—The town and port of Tientsin, in the province of Pechili, shall be
opened to foreign trade on the same conditions as the other towns and ports of the
Empire where such trade is permitted, and this from the date of the signature of the
present Convention, which shall be obligatory on the two nations without its being
necessary to exchange ratifications, and which shall have the same force as if it were
inserted word for word in the Treaty of Tientsin.
The French troops now occupying this town shall, on the payment of the five
hundred thousand taels provided by Article IV. of the present Convention, evacuate
it and proceed to occupy Taku and the north-east coast of Shantung, whence they
shall retire on the same conditions as govern the evacuation of the other points
occupied on the shores of the Empire. The Commanders-in-Chief of the French force
shall, however, have the right to winter their troops of all arms at Tientsin, if' they
judge it convenient, and to withdraw them only when the indemnities due by the
Chinese Government shall have been entirely paid, unless the Commanders-in-Chief
shall think it convenient to withdraw them before that time.
Art. VIII.—It is further agreed that when the present Convention shall have
been signed and the ratifications of the Treaty of Tientsin exchanged, the French
forces which occupy Chusan shall evacuate that island, and that the forces before
Peking shall retire to Tientsin, to Taku, to the north coast of Shantung, or to
the town of Canton, and that in all these places or in any of them the French
Government may, if it thinks fit, leave troops until such time as the total sum of
eight million taels shall have been fully paid.
Art. IX.—It is agreed between the high contracting parties that when the
ratifications of the Treaty of Tientsin shall have been exchanged an Imperial edict
shall order the high authorities of all the provinces to permit any Chinese who wishes
to go to countries beyond the sea to establish himself there or to seek his fortune, to
embark himself and his family, if he so wishes, on French ships in ttie ports of the
empire open to foreign trade. It is also agreed, in the interest of the emigrants, to
ensure their entire freedom of action and to safeguard their rights, that the competent
Chinese authorities shall confer with the Minister of France in China for the making
• of regulations to assure for these engagements, always voluntary, the guarantees of
morality and security which ought to govern them.
TREATY BETWEEN FRANCE AND CHINA 57
Art. X.—It is well understood between the contracting parties that the tonnage
dues which by error were fixed in the French Treaty of Tientsin at five mace per ton
for vessels of 150 tons and over, and which in the Treaties with England and the
United States signed in 1858 were fixed at four mace only, shall not exceed this
same sum of four mace, and this without the invocation of the last paragraph of
Art. XXXII. of the Treaty of Tientsin, which gives to France the formal right, to
claim the same treatment as the most favoured nation.
The present Convention of Peace has been made at Peking, in four copies, on the
25th October, 1860, and has been signed by the respective plenipotentiaries.
TREATY OE PEACE, ERIENDSHIP, AND COMMERCE
BETWEEN ERANCE AND CHINA
Signed at Tientsin, 9th June, 1885
The President of the French Republic and His Majesty the Emperor of China,
each animated by an equal desire to bring to an end the difficulties which have
given rise to their simultaneous intervention in the affairs of Annam, and wishing to
re-establish and improve the relations of friendship and commerce which previously
existed between France and China, have resolved to conclude a new Treaty to further
the common interest of both nations on the basis of the preliminary Convention
signed at Tientsin on the 11th May, 1884, and ratified by an Imperial decree of the
13th April, 1885.
For that purpose the two high contracting parties have appointed as their Pleni-
potentiaries the following, that is to say :—
The President of the French Republic, M. Jules 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, Govern or-General of the Province
of Chihli, of the First degree of the Third Order of Nobility, with the title of Sou-yi;
Assisted by Hsi Chen, Imperial Commissioner, Member of the Tsung-li Yamen,
President of the Board of Punishments, Administrator of the Treasury at the Ministry
of Finance, Director of Schools for the Education of Hereditary Officers of the
Left Wing of the Yellow Bordered Banner ;
And Teng Chang-su, Imperial Commissioner, Member of the Tsung-li Yamen,
Director of the Board of Ceremonies ;
Who, having communicated their full powers, which have been found in good
and due form, have agreed upon the following Articles:—
Art. I.—France engages to re-establish and maintain order in those provinces of
Annam which border upon the Chinese empire. For this purpose she will take the
necessary measures to disperse or expel the bands of pirates and vagabonds who
endanger the public safety, and to prevent their collecting together again. Nevertheless,
the French troops shall not, under any circumstances, cross the frontier which separates
-58 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 China and Annam shall be carried out.
The Chinese, whether colonists or disbanded soldiers, who reside peaceably in
Annam, supporting themselves by agriculture, industry, or trade, and whose conduct
-shall give no cause of complaint, shall enjoy the same security for their persons and
^property as French 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 b'e 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
gases where they may not be able to agree as to the location of these landmarks or on
much 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
cespective Governments.
Art. IV.—When the frontier shall have been agreed upon, French or French
proteges and foreign residents of Tonkin who may wish to cross it in order to enter
•China shall not be allowed to do so unless they shall have previously provided them-
selves with passports issued by the Chinese frontier authorities on the requisition of
the French authorities. For Chinese subjects an authorisation given by the Imperial
frontier authorities shall be sufficient.
Chinese subjects wishing to proceed from China to Tonkin by the land route
-shall be obliged to provide themselves with regular passports, issued by the French
authorities on the requisition of the Imperial authorities.
Art. V.—Import and export trade shall be permitted to French or French-
protected traders and to Chinese traders across the land frontier between China and
Tonkin. It shall, however, be carried on through certain spots which shall be
settled later, and both the selection and number of which shall correspond with the
direction and importance of the traffic between the two countries. In this respect
-the Regulations in force in the interior of the Chinese Empire shall be taken into
account.
In any case, two of the said spots shall be marked out on the Chinese frontier,
-the one above Lao-kai, the other beyond Lang-son. French traders shall be at
liberty to settle there under the same conditions, and with the same advantages, as
in the ports open to foreign trade. The Government of His Majesty the Emperor of
China shall establish Custom-houses there, and the Government of the French Kepublic
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.
TREATY BETWEEN FRANCE ANI> CHINA 59'
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 nftmitions 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 France and China, the Government of the Republic
shall construct roads in Tonkin, and shall encourage the construction of railways-
there.
When China, on her part, shall have decided to construct railways, it is agreed
that she shall have recourse to French industry, and the Government of the Republic
shall afford every facility for procuring in France the staff that may be required. It:
is, moreover, understood that this clause shall not be looked upon as constituting an
exclusive privilege in favour of France.
Art. VIII.—The commercial stipulations of the present Treaty and the Regula-
tions to be agreed upon shall be liable to revision after an interval of ten complete
years from the date of the exchange of the ratifications of the present Treaty. But’
in case six months before it expires neither one nor other of the high contracting
parties shall have expressed a wish to proceed to a revision, the commercial stipula-
tions shall remain in force for a fresh period of ten years, and so further in like
manner.
Art. IX.—As soon as the present Treaty shall have been signed, the French
forces shall receive orders to retire from 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) fn.s.] Patenotke.
„ [n.s.] Hsi Chen.
„ [l.s.J Li Hung-chano;
„ [n.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]
Whereas in Article YI. 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, G. Cogordan, Minister Plenipotentiary
iof France to China, Officer of the Legion of Honour, Knight of the Order of the Crown
-of Italy, &c., &c., together with E. Bruwaert, Consul of the first class, Assistant
Commissioner for Treaty negotiations, Knight of the Order of Gustav of Sweden, and
of the Order of Leopold of Belgium;
And His Majesty the Emperor of China, Li, Grand Preceptor of the Heir Ap-
parent, Grand Secretary of State, Superintendent of Trade for the Northern Seaboard,
Joint Commissioner of Admiralty, Governor of Chihli, and a member of the first
-degree of the Third Order of the Hereditary Nobility, with the title of Sou-yi;
Who, after having communicated to each other their respective full powers, and
•found them to be in due form, have concluded the following Articles:—
Art. I.—-In accordance with the terms of Article Y. 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
do 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 61
The agents shall be treated in the same manner and have the same rights and
^privileges as the Consuls of the most favoured nation in France. They shall maintain
official relations with the French authorities charged with the Protectorate.
Art. III.—It is agreed, on the one side and the other, that in the places where
Consuls are appointed the respective authorities will facilitate the installation of these
-agents in suitable residences.
Frenchmen may establish themselves in the places opened to trade on the frontier
of China under the conditions set forth in the Articles VIL, X., XI., XII., and others
•of the Treaty of the 27th June, 1858.
Annamites shall enjoy in these places the same privileged treatment.
Art. IY.—Chinese shall have the right of possessing land, erecting buildings,
-opening commercial houses, and having warehouses throughout Armam.
They shall receive for their persons, their families, and their goods the same
^protection as the most favoured European nation, and, like the latter, may not he made
the object of any ill-treatment. The official and private correspondence and telegrams
-of Chinese officials and merchants shall be freely transmitted through the French
.postal and telegraphic administrations.
Frenchmen will receive from China the same privileged treatment.
Art. Y.—Frenchmen, French proteges, and foreigners residing in Tonkin may
-cross the frontiers and enter China on condition of being furnished with passports.
These passports will be given by the Chinese authorities at the frontier, on the
requisition of the French authorities, who will ask for them only for respectable
persons; they will be surrendered to be cancelled on the holder’s return. In the case
-of those who have to pass any place occupied by aborigines or savages, it will be
mentioned in the passport that there are no Chinese officials there who can protect
them.
Chinese who wish to come from China to Tonkin by land must in the same
way be furnished with passports granted by the French authorities on the requisition
-of the Chinese authorities, who will ask for them only on behalf of respectable
•persons.
The passports so granted on the one side or the other shall serve only as titles
to travel and shall not be considered as certificates of exemption from taxes for the
transport of merchandise.
Chinese authorities on Chinese soil and French authorities in Tonkin shall have
the right to arrest persons who have crossed the frontier without passports and send
them back to their respective authorities to be tried and punished if necessary.
Chinese residing in Annam may return from Tonkin to China on simply
•obtaining from the Imperial authorities a pass permitting them to cross the
frontier.
Frenchmen and other persons established in the open places on the frontier may
travel without passports to a distance of 50 li (578 metres to the li) around such
places.
Art. VI.—Merchandise imported into the places opened to trade on the frontier
•of China by French merchants and French proteges may, after payment of the import
duties, be conveyed to the interior markets of China under the conditions fixed by
Rule VII. annexed to the Treaty of the 27th June, 1858, and by the general rules of
the Chinese Imperial Maritime Customs with regard to import transit passes.
When foreign merchandise is imported into these places a declaration shall be
made at the Custom-house of the nature and quantity of the merchandise, as well as
•of the name of the person by whom it is accompanied. The Customs authorities will
proceed to verification, and will collect the duty according to the general tariff of the
Imperial Maritime Customs, diminished by one-fifth. Articles not mentioned in the
tariff will remain subject to the duty of 5 per cent, ad valorem. Until this duty has
been paid the goods may not be taken out of the warehouses to be sent away and sold.
A merchant wishing to send foreign merchandise into the interior shall make
fresh declaration at the Custom-house, and pay, without reduction, the transit dues
.fixed by the general rules of the Chinese Maritime Customs.
62 TRADE REGULATIONS FOR THE TONKIN FRONTIER
After this payment the Customs will deliver a transit pass which will enable the-
carriers to go to the localities mentioned in the pass for the purpose of disposing off
the said merchandise.
Under these conditions, no new duties will be levied at the interior barriers or
leMn stations.
Merchandise for which transit passes have not been obtained will be liable to all
the barrier and lekin duties imposed upon indigenous products in the interior of the
country.
Art. VII.—Merchandise bought by Frenchmen and persons under French
protection in the interior markets of China may be brought into the open places on
the frontier, for the purpose of being from thence exported to Tonkin, under the
conditions fixed by Rule VII. annexed to the Treaty of the 27th June, 1858, with*
regard to the transit of merchandise for export.
When Chinese merchandise for export arrives at these places, declaration
shall be made at the Custom-house as to the nature and quantity of the merchandise,
as well as the name of the person accompanying it.
The Customs authorities will proceed to verification.
Such of this merchandise as shall have been bought in the interior by a merchant
furnished with a transit pass, and which consequently has not paid any lekm
or barrier duty, shall in the first place pay the transit duty fixed by the genera)
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, aid)
to be sent beyond the frontier.
The merchant who, not being furnished with a transit pass, has bought gcods
in the interior, shall pay the duties levied at the barriers and lekin stations; receipts
shall be delivered to him, and on arriving at the Custom-house he shall be exempted
from payment of the transit dues on presentation of these receipts.
French merchants and persons under French protection importing or exporting
merchandise through the Customs offices on the frontiers of Yunnan and Kwangsi,.
and Chinese merchants importing or exporting merchandise to or from Tonkin,
will not have to pay any toll on their carriages or beasts of burden. On the navigable-
water-courses on the frontier, vessels may, on the one side and the other, be subjected
to the payment of tonnage-dues, conformably to the rules of the Maritime Customs
of the two countries.
As regards the provisions of the present Article and the preceding one, it is
agreed by the high contracting parties that if a new Customs tariff should be-
established by common accord between China and a third Power, for trade by land
on the south-western frontiers of the Chinese Empire, France shall obtain the-
application of it.
Art. VIII.—Foreign merchandise which, not having been sold within a period
of thirty-six months after having paid the import duty at one of the Chinese frontier
Customs stations, is forwarded to the other frontier Customs station, shall be
examined at the first of these stations, and if the wrappings are found intact, and
if nothing has been disturbed or changed, a certificate of exemption for the amount
of the first duty collected will be given. The bearer of this certificate will deliver it
to the other frontier station, in payment of the new duty which he will have to pay.
The Customs may in like manner give bonds which will be available for payment of
duties at the Custom-house by which they are issued any time within three years..
Money will never be returned.
If the same merchandise is re-despatched to one of the open ports of China, it
will there, conformably to the general rules of the Chinese Maritime Customs, be
subjected to payment of the import duties, and the certificates or bonds given at
the frontier Customs shall not there be made use of. Neither will it be allowed to
present there, in payment of duties, the quittances delivered by the frontier Customs
on the first payment. As to transit dues, conformably to the rules in force at the
TEADE EEGULATIONS FOE THE TONKIN FEONTIEE 03
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
transported into the interior by foreign merchants.
If this Chinese merchandise be transported to one of the open ports of China, it
will be assimilated to foreign merchandise, and shall pay a new import duty in full,
•conformably to the general tariff of the Imperial Maritime Customs.
This merchandise will be allowed to pay transit duty on being sent into the in-
ferior. Chinese merchandise imported from a Chinese seaport into an Annamite port
in order to be transported to the land frontier and then to re-enter Chinese territory
will be treated as foreign merchandise and will pay the local import dues. This
merchandise will be allowed to pay the transit duty on being sent into the interior.
Art. X.—Declarations to the Chinese Customs must be made within thirty-six
hours of the arrival of the goods under a penalty of Tls. 50 for each day’s delay; but
fhe fine shall not exceed Tls. 200. An inexact declaration of the quantity of the goods,
df it is proved that it has been made with the intention of evading payment of the
•duties, will entail upon the merchant confiscation of his goods. Goods not provided
with a permit from the chief of the Customs, which are clandestinely introduced
by by-ways, and unpacked or sold, or which are intentionally smuggled, shall be
•entirely confiscated. In every case of false declaration or attempt to deceive the
'Customs as regards the quality or the real origin or real destination of goods
for which transit passes have been applied the goods shall be liable to con-
fiscation. The penalties shall be adjudged according to the conditions and proce-
dure fixed by the Rules of 31st May, 1868. In all cases where confiscation shall
have been declared, the merchant shall be at liberty to recover his goods on payment
of a sum equivalent to their value, to be duly settled by arrangement with the Chinese
-authorities. The Chinese authorities shall have every liberty to devise measures to
be taken in China, along the frontier, to prevent smuggling.
Merchandise descending or ascending navigable rivers in French, Annamite, or
■Chinese vessels will not necessarily have to be landed at the frontier, unless there is
-an appearance of fraud, or a divergence between the nature of the cargo and the
declaration of the manifest. The Customs will only send on board the said vessels
agents to visit them.
Art. XI.—Produce of Chinese origin imported into Tonkin by the land frontier
-shall pay the import duty of the Franco-Annamite tariff. They will pay no export
•duty on leaving Tonkin. The Imperial Government will be notified of the new
tariff which France will establish in Tonkin. If taxes of excise, of consumption, or
•of guarantee be established in Tonkin on any articles of indigenous production,
•similar Chinese productions will be subjected, on importation, to equivalent taxes.
Art. XII.—Chinese merchandise transported across Tonkin from one of the
two frontier Customs stations to the other, or to an Annamite port to be from thence
exported to China, shall be subjected to a specific transit duty which shall not exceed
two per cent, of the value. At the point where it leaves Chinese territory this
merchandise will be examined by the French Customs authorities on the frontier,
who will specify its nature, quantity, and destination in a certificate which shall be
produced whenever required by the French authorities during its transport across
Tonkin, as well as at the port of shipment.
In order to guarantee the Franco-Annamite Customs against any possible fraud,
such Chinese produce, on entering Tonkin, shall pay the import duty.
A tr-ansit 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.
t4 TRA.DE 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
on which the special treatment applicable to Chinese products traversing Tonkin in.
transit is asked, will entail the confiscation of such merchandise. In every case
w'here confiscation has been declared, the merchant shall be free to recover his goods-
on payment of a sum equivalent to their value, which shall be duly determined by
an arrangement with the French authorities.
The same rules and the same transit duty will be applicable in Annam to Chinese
merchandise despatched from a Chinese port to an Annamite port in order to get to
the Chinese frontier Customs by crossing Tonkin.
Art. XIII.—The following articles, that is to say, gold and silver ingots, foreign
money, flour, Indian meal, sago, biscuits, preserved meats and vegetables, cheese,,
butter, confectionery, foreign clothing, jewellery, plated ware, perfumery, soaps of all1
kinds, charcoal, firewood, candles (foreign), tobacco, wine, beer, spirits, household
stores, ship’s stores, personal baggage, stationery, carpeting, cutlery, drugs, foreign
medicines, and glassware, shall be verified by the Chinese Customs ou their entry
and clearance; if they are really of foreign origin and intended for the personal
use of foreigners, and if they arrive in moderate quantity, a duty exemption certificate
will be given which will pass them free at the frontier. If these articles are withheld
from declaration or the formality of an exemption certificate, their clandestine intro-
duction will render them subject to the same penalty as smuggled goods.
With the exception of gold, silver, money, and luggage, which will remain exempt
from duty, the above-mentioned articles destined for the personal use of foreigners-
and imported in moderate quantity, will pay, when they are transported into the
interior of China a duty of 2% per cent, on their value.
The Franco-Annamite frontier Customs shall collect no duty on the following
articles of personal use which Chinese carry with them, either on entering or leaving
Tonkin, that is to say, money, luggage, clothes, women’s head ornaments, paper,
hair pencils, Chinese ink, furniture, or food, or on articles ordered by the Chinese
Consuls in Tonkin for their personal consumption.
Art. XIV.—The high contracting parties agree to prohibit trade in and trans-
port of opium of whatsoever origin by the land frontier between Tonkin on the one
side and Yunnan, Kwang-si, and Kwangtung on the other side.
Art. XV.—The export of rice and of cereals from China is forbidden. The
import of these articles shall be free of duty.
The import of the following articles into China is forbidden :—Gunpowder, pro-
jectiles, rifles and guns, saltpetre, sulphur, lead, spelter, arms, salt, and immoral
publications.
In case of contravention these articles shall be entirely confiscated.
If the Chinese authorities have arms or munitions bought or if merchants
receive express authority to buy them, the importation will be permitted under the
special surveillance of the Chinese Customs. The Chinese authorities may, further-
more, by arrangement with the French Consuls, obtain for the arms and munitions
which they wish to have conveyed to China through Tonkin exemption from all the
Franco-Annamite duties.
The introduction into Tonkin of arms, munitions of war, and immoral publica-
tions is also prohibited.
Art. XVI.—Chinese residing in Annam shall be placed under the same condi-
tions, with regard to criminal, fiscal, or other jurisdiction, as the subjects of the most
favoured nation. Law-suits which may arise in China, in the open markets on the
frontier, between 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 XXXFV. of the treaty of
the 27th June, 1858.
CONVENTION BETWEEN FRANCE AND CHINA. 1887 65
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 be given up,
and delivered to the regular course of the law.
Chinese guilty or accused of crimes or offences who seek refuge in Annam shall,
on the request of the Chinese authorities and on proof of their guilt, be sought for,
arrested, and extradited in all cases where the subjects of the countries enjoying the
most liberal treatment in the matter of extradition might be extradited from France.
Frenchmen guilty or accused of crimes or offences, who seek refuge in China,
shall, at the request of the French authorities and on proof of their guilt, be arrested
and delivered up to the said authorities to be tried according to the regular process
of law.
On both sides all concealment and connivance shall be avoided.
Art. XVIII.—In any difficulty not provided for in the preceding provisions
recourse shall be had to the rules of the Maritime Customs, which, in conformity
with existing Treaties, are now applied in the open towns or ports.
In case these rules are insufficient the representatives of the two countries
shall refer the matter to their respective Governments.
In accordance with the terms of Article VIII. of the treaty of the 9th June,
1885, the present stipulations may be revised ten years after the exchange of the
ratifications.
Art. XIX.—The present Convention of Trade, after having been ratified by the
Governments, shall be promulgated in France, in China, and in Annam.
The exchange of the ratifications shall take place at Peking within one year from
the date of the signature of the Convention, or earlier if possible.
Done at Tientsin, in four copies, the 25th April, 1886, corresponding to the 22nd
day of the third moon of the twelfth year of Kwang Hsu.
(Signed) [l.s.] ; G. Cogokdan.
„ [l.s.] E. Bruwaert.
„ [l.s.] Li Hung-chang.
CONVENTION BETWEEN EBANCE AND CHINA, 1887
[Translated from the Chinese Text]
His Imperial Majesty the Emperor of China and the President of the French
Republic, desiring to strengthen the commercial relations between the two countries,
and also to ratify and give effect to the Treaty signed at Tientsin on the 25th April,
1886, have appointed Plenipotentiaries to take the necessary steps thereto. H.I.M.
the Emperor of China has specially appointed H.I.H. Prince Ching, and H.E. Sun
Tu-wen, member of the Tsung-li Yamen and Vice-President of the Board of Works.
The President of the Republic has appointed His Excellency Constans, Deputy,
ex-Minister of the Interior, and Minister Plenipotentiary in China. Who, having
exchanged their full powers and established their authenticity in due form, have
agreed on the following Articles:—
Art. I.—Such Articles of the Treaty signed at Tientsin as are not affected by this
Convention shall on the exchange of the ratifications be put in force at once.
3
CONVENTION BETWEEN FEANCE AND CHINA, 1887
Art. IT.—Whereas it was agreed by the Treaty of 1886 that Lungchow in Kwangsi
and Mengtzu in Yunnan should be opened to trade, and whereas Mamjhao, 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
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 VI. and VII. of the Treaty of 1886
are temporarily altered, and it is agreed that foreign goods imported to Yunnan and
Kwangsi from Tonkin shall pay 70 per cent, of the import duties collected by the
Customs at the Coast Ports in China, and that produce exported from China to Ton-
kin shall pay 60 per cent, of the export duties in force at the Treaty Ports.
Art. IV.—Chinese produce which has paid import duties under Art. XI. of the
Treaty of 1886, and is transported through Tonkin to a port of shipment in Cochin-
China, shall, if exported thence to any other place than China, pay export duties
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
privileges accorded other re-imports of goods of native origin.
Art. VI.—French and Tonkinese vessels other than men-of-war and vessels
carrying troops and Government stores plying on the Songkat and Caobang Rivers
between Langshan and Caobang shall pay a tonnage due of 5 candareens per ton at !
Lungchow, but all goods on board shall pass free. Goods may be imported to China
by the Songkat and Caobang Rivers or overland by the Government road, but until
the Chinese Government establishes Custom-houses on the frontier goods taken
overland must not be sold at Lnngchow until they have paid duty there.
Art. VII.—It is agreed that should China enter into treaties with regard to com-
mercial relations on her southern and south-western frontiers all privileges accorded
by her to the most favoured nation are at once without further formality accorded to
France.
Art. VIII.—The above Articles having been agreed to and translated into i
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.
Aft. 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.
Pbince Chi’ng.
Sun Yu-wen.
ADDITIONAL CONVENTION BETWEEN FRANCE AND
CHINA
Signed at Peking, 20th June, 1895
Art. I.—It is agreed, to assure the policing of the frontier, that the French
Government will have the right of maintaining an agent of the Consular order at
Tonghing opposite Monkay on the frontier of 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
j arties 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
Manhao, but Hokow, and that the French Government have the right of maintaining
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
French-Annamite commerce, like Lungchow and Mengtse, and that the French
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
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,
particularly the Loso and the Mekong as well as by land routes, aud particularly by
the Mandarin-road, which leads either from Mongle or Ipang to Szemao and Puerh,
the duties which these goods will be subject to being paid at Szemao.
Art. IV.—Article IX. of the Commercial Convention of April 25th, 1886, is
modified as follows:—(1) Chinese goods in transit from one of the other four towns
open to commerce on the frontier, Lungchow, Mengtse, Szemao, and Hokow, in
passing by Annam, will pay on leaving the reduced duties of four-tenths. A
special certificate will be delivered stating the payment of this duty, and destined
to accompany the goods. When they have come to another town they shall be
exempt from payment and import duty. (2) Chinese goods which shall be exported
from the four above-named localities and transported to Chinese ports, maritime
or fluvial, open to commerce, shall be freed on leaving the frontier by payment of
the 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
3*
ADDITIONAL CONVENTION BETWEEN FRANCE 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 be freed
on entry by half duty of re-importation based On the reduction of four-tenths.
(4) The Chinese goods above mentioned, accompanied by the special certificate
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. VI.—Article II. of the Telegraphic Convention between France and China,
signed at Chefoo, December 1, 1888, is completed as follows:—B.—A union shall he
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
VI. 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 Lurvgchow, 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
liatijications exchanged at Pehtang, 16th August, 1859
The United States of America and the Ta-Tsing Empire, desiring to maintain
•firin, 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'friend ship, 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 bv 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
i confidence with the officers of the Privy Council at the capital, or with the Governor-
General of the Two Kwang, of Pohkien and Chekiang, or of the Two Kiang; and
whenever he desires to have such correspondence with the Privy Council at the capital
ffie shall have the right to send it through either of the said Governors-General, or by
70 TREATY BETWEEN THE UNITED STATES AND CHINA
general post; and all sucli communications shall be most carefully respected. The
Privy Council and Governors-General, as the case may be, shall in all cases consider
and acknowledge such communications promptly and respectfully.
Art. Y.—The Minister of the United States of America in China, whenever he has
business, shall have the right to visit and sojourn at the capital of His Majesty the
Emperor of China and there confer with a member of the Privy Council or any other
high officer of equal rank deputed for that purpose, on matters of common interest
and advantage. His visits shall not exceed one in each year, and he shall complete
his business without unnecessary delay. He shall be allowed to go by land or come1
to the mouth of the Pei-ho, in which he shall not bring sbips-of-war, and he shall
inform the authorities of that place in order that boats may be provided for him to go
on his journey. He is not to take advantage of this stipulation to request visits to
the capital on trivial occasions. Whenever he means to proceed to the capital he-
shall communicate in writing his intention to the Board of Rites at the capital, and;
thereupon the said Board shall give the necessary direction to facilitate his journey,,
and give him necessary protection and respect on his way. On his arrival at the
capital he shall be furnished with a suitable residence prepared for him, and he shall
defray his own expenses; and his entire suite shall not exceed twenty persons
exclusive of his Chinese attendants, none of whom shall be engaged in trade.
Art. VL—If at any time His Majesty the Emperor of China shall, by Treaty
voluntarily made, or for any other reason, permit the representative of any friendly
nation to reside at his capital for a long or short time, then, without any further
consultation or express permission, the representative of the United States in China*
shall have the same privilege.
Art. YII.—The superior authorities of the United States and of China in
corresponding together shall do so on terms of equality and in form of mutual
communication (chau-hwui). The Consuls and the local officers, civil and military^
in corresponding together shall likewise employ the style and form of mutual
communication (chau-hwui). When inferior officers of the one Government address-
the superior officers of the other they shall do so in the style and form of memorial
(shin-chin). Private individuals, in addressing superior officers, shall employ the
style of petition (pin-ching). In no case shall any terms or style be used or suffered
which shall be offensive or disrespectful to either party. And it is agreed that no-
present, under any pretext or form whatever, shall ever be demanded of the United
States by China, or of China by the United States.
Art. VIII.—In all future personal intercourse between the representative of
the United States of America and the Goveruors-General or Governors the interviews
shall be had at the official residence of the said officers, or at their temporary resi-
dence, or at the residence of the representative of the United States of America,,
whichever may be agreed upon between them; nor shall they make any pretext for
declining these interviews. Current matters shall be discussed by correspondence*
so as not to give the trouble of a personal meeting.
Art. IX.—^Whenever national vessels of the United States of America, in cruising
along the coast and among the ports opened for trade for the protection of the com-
merce of their country, or the advancement of science, shall arrive at or near any
of the poits of China, the commanders of said ships and the superior local authorities-
of government shall, if it be necessary, hold intercourse on terms of equality and
courtesy, in token of the friendly relations of their respective nations; and the said'
vessels shall enjoy all suitable facilities on the part of the Chinese Government in
procuring provisions or other supplies, and making necessary repairs. And the-
United States of America agree that in case of the shipwreck of any American vessel;
and its being pillaged by pirates, or in case any American vessel shall be pillaged or
captured by pirates on the seas adjacent to the coast, without being shipwrecked, the-
national vessels of the United States shall pursue the said pirates, and if captured'
deliver them over for trial and punishment.
Art. X.—The United States of America shall have the right to appoint Consuls-
and other commercial agents for the protection of trade, to reside at such places in the-
TREATY BETWEEN THE UNITED STATES AND CHINA 71
dominions of China as shall be agreed to be opened, who shall hold official intercourse
and correspondence with the local officers of the Chinese Gtovernment (a Consul or a
Vice-Consul in charge taking rank with an intendant of circuit or a prefect), either
personally or in writing, as occasion may require, on terms of equality and reciprocal
respect. And the Consuls and local officers shall employ the style of mutual
•communication. If the officers of either nation are disrespectfully treated, or aggrieved
in any way by the other authorities, they have the right to make representation of
•the same to the superior officers of their respective Governments, who shall see that
full inquiry and strict justice shall be had in the premises. And the said Consuls and
agents shall carefully avoid all acts of offence to the officers and people of China.
On the arrival of a Consul duly accredited at any port in China, it shall be the duty
of the Minister of the United States to notify the same to the Governor-General of
dihe province where such port is, who shall forthwith recognize the said Consul and
grant him authority to act.
Art. XI.—All citizens of the United States of America in China, peaceably
•attending to their affairs, being placed on a common footing of amity and good-
will with subjects of China, shall receive and enjoy for themselves and everything
•appertaining to them the protection of the local authorities of Government, who shall
defend them Irom all insult or injury of any sort. If their dwellings or property be
•threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the
local officers, on requisition of the Consul, shall immediately despatch a military force
to disperse the rioters, apprehend the guilty individuals, and punish them with the
-utmost rigour of the law. Subjects of China guilty of any criminal act towards citizens
•of the United States shall be punished by the Chinese authorities according to the laws
of China, and citizens of the United States, either on shore or in any merchant vessel,
■who may insult, trouble, or wound the persons or injure the property of Chinese, or
commit any other improper act in China, shall be punished only by the Consul or other
-public functionary thereto authorized, according to the laws of the United States. Ar-
rests in order to trial may be made by either the Chinese or United States authorities.
Art. XII.—Citizens of the United States, residing or sojourning at any of the
(ports open to foreign commerce, shall be permitted to rent houses and places of
business or hire sites on which they can themselves build housfes or hospitals,
■churches, and cemeteries. The parties interested can fix the rents by mutual and
equitable agreement; the proprietors shall not demand an exorbitant price, nor shall
the local authorities interfere, unless there be some objections offered on the part of
-the inhabitants respecting the place. The legal fees to the officers for applying their
seal shall be paid. The citizens of the United States shall not unreasonably insist
•on particular spots, but each party shall conduct themselves with justice and
moderation. Any desecration of the cemeteries by natives of China shall be severely
punished according to law. At the places where the ships of the United States
anchor, or their citizens reside, the merchants, seamen, or others can freely pass and
>re-pass in the immediate neighbourhood; but in order to the preservation of the
public peace, they shall not go into the country to the villages and marts to sell their
:goods unlawfully, in fraud of the revenue.
Art. XIII.—If any vessel of the United States be wrecked or stranded on the
•coast of China and be subjected to plunder or other damage, the proper officers of the
'Government, on receiving information of the fact, shall immediately adopt mea.-ures
for its relief and security; the persons on board shall receive friendly treatment, and
be enabled to repair at once to the nearest port, and shall enjoy all facilities for
•obtaining supplies of provisions and water. If the merchant vessels of the United
States, while within the waters over which the Chinese Government exercises
jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities
•civil and military, on receiving information thereof, shall arrest the said robbers or
pirates, and punish them according to law, and shall cause all the property which can
•be recovered to be restored to the owners, or placed in the hands of the Consul. If
by reason of the extent of territory and numerous population of China it shall in any
•case happen that the robbers cannot be apprehended, and the property only in part
72 TREATY 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. XIV.—The citizens of the United States are permitted to frequent the ports
and cities of Canton and Chan-cliau, or Swatow, in the province of Kwangtung; Amoy,
Foochow, and Tai-wan in Formosa, in the province of Fuhkien; Ningpo in the province-
of Chekiang; and Shanghai in the province of Kiangsu, and any other port or place
hereafter by Treaty with other powers or with the United States opened to commerce;
and to reside with their families and trade there, and to proceed at pleasure with their
vessels and merchandise from any of these ports to any other of them. But said vessels
shall not carry on a clandestine or fraudulent trade at other ports of China, not declared
to be legal, or along the coasts thereof; and any vessel under the American flag violating
this provision shall, with her cargo, be subject to confiscation to the Chinese Govern-
ment ; and any citizen of the United States who shall trade in any contraband ai’ticle-
of merchandise shall be subject to be dealt with by the Chinese Government, without
being entitled to any countenance or protection from that of the United States; and
the United States will take measures to prevent their flag from being abused by the
subjects of other nations as a cover for the violation of the laws of the Empire.
Art. XV.—At each of the ports open to commerce, citizens of the United States-
shall be permitted to import from abroad, and sell, purchase, and export all merchan-
dise of which the importation or exportation is not prohibited by the laws of the Empire.
The tariff of duties to be paid by the citizens of the United States, on the export and)
import of goods from and into China, shall be the same as was agreed upon at the
Treaty of Wanghia, except so far as it may be modified by Treaties with other nations,
it being expressly agreed that citizens of the United States shall never pay higher
duties than those paid by the most favoured nation.
Art. XVI.—Tonnage duties shall be paid on every merchant vessel belonging to
the United States entering either of the open ports at the rate of four mace per ton of
forty cubic feet, if she be over one hundred and fifty tons burden; and one mace per
ton of forty cubic feet if she be of the burden of one hundred and fifty tons or under,,
according to the tonnage specified in the register; which, with her other papers, shall,
on her arrival, be lodged with the Consul, who shall report the same to the Commis-
sioner of Customs. And if any vessel, having paid tonnage duty at one port, shall
go to any other port to complete the. disposal of her cargo, or being in ballast, to
purchase an entire or fill up an incomplete cargo, the Consul shall report the same to-
the Commissioner of Customs, who shall note on the port-clearance that tne tonnage
duties have been paid, and report the circumstance to the collectors at the other
Custom-houses; in which case the said vessel shall only pay duty on her cargo, and
not be charged with tonnage duty a second time. The collectors of Customs at the
open ports shall consult with the Consuls about the erection of beacons or light-
houses, and where buoys and lightships should be placed.
Art. X VII.—Citizens of the United States shall be allowed to engage pilots to
take their vessels into port, and, when the lawful duties have all been paid, take them
out of port. It shall be lawful for them to hire at pleasure servants, compradores,.
linguists, writers, labourers, seamen, and persons for whatever necessary service, with
passage or cargo-boats, for a reasonable compensation, to be agreed upon by the
parties or determined by the Consul.
Art. XVIII.—Whenever merchant vessels of the United States shall enter a port,,
the Collector of Customs shall, if he see fit, appoint Custom-house officers to guard
said vessels, who may live on board the ship or their own boats, at their convenience.
The local authorities of the Chinese Government shall cause to be apprehended all
mutineers or deserters from on board the vessels of the United States in China on
being informed by the Consul, and will deliver them up to the Consuls or other officers
for punishment. And if criminals, subjects of China, take refuge in the houses, or on
board the vessels of citizens of the United States, they shall not be harboured, but
TREATY BETWEEN THE UNITED STATES AND CHINA 73
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 endangerinor 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 Consul or
person charged with his functions, who shall cause to be communicated to the Super-
intendent of Customs a true report of the name and tonnage of such vessel, the number
of her crew, and the nature of her cargo, which being done, he shall give a permit for
her discharge. And the master, supercargo, or consignee, if he proceed to discharge
the cargo without such permit, shall incur a fine of five hundred Dollars, and the goods
so discharged without permit shall be subject to forfeiture to the Chinese Government.
But if a master of any vessel in port desire to discharge a part only of the cargo, it
shall be lawful for him to do so, paying duty on such part only, and to proceed with
the remainder to any other ports. Or if the master so desire, he may, within forty-
eight hours after the arrival of the vessel, but not later, decide to depart without
breaking bulk; in which case he shall not be subject to pay tonnage or other duties
or charges, until, on his arrival at another port, he shall proceed to discharge cargo
when he shall pay the duties on vessel and cargo, according to law. And the tonnage
duties shall be held due after the expiration of the said forty-eight hours. In case
of the absence of the Consul or person charged with his functions, the captain or
supercargo of the vessel may have recourse to the Consul of a friendly Power; or, if
he please, directly to the Superintendent of Customs, who shall do all that is required
to conduct the ship’s business.
Art. XX.—The Superintendent of Customs, in order to the collection of the
proper duties, shall, on application made to him through the Consul, appoint suitable
officers, who shall proceed, in the presence of the captain, supercargo, or consignee
to make a just and fair examination of all goods in the act of being discharged for
importation, or laden for exportation, on board any merchant vessel of the United
States. And if disputes occur in regard to the value of goods subject to ad valorem
duty, or in regard to the amount of tare, and the same cannot be satisfactorily
arranged by the parties, the question may, within twenty-four hours, and not after-
wards, be referred to the said Consul to adjust with the Superintendent of Customs.
Art. XXI.—Citizens of the United States who may have imported merchandise
into any of the free ports of China, and paid the duty thereon, if they desire to
re-export the same in part or in whole to any other of the said ports, shall be entitled
to make application, through their Consul, to the Superintendent of Customs, who,
in order to prevent fraud on the revenue, shall cause examination to be made, by
suitable officers, to see that the duties paid on such goods as are entered on the Custom-
house books correspond with the representation made, and that the goods remain
with their original marks unchanged, and shall then make a memorandum in the
port-clearance of the goods and the amount of duties paid on the same, and deliver
the same to the merchant, and shall also certify the facts to the officers of Customs
at the other ports; all which being done, on the arrival in port of the vessel in
which the goods are laden, and everything being found, on examination there, to
correspond, she shall be permitted to break bulk, and land the said goods without
being subject to the payment of any additional duty thereon. But if, on such
examination, the Superintendent of Customs shall detect any fraud on the revenue in
the case, then the goods shall be subject to forfeiture and confiscation to the Chinese
Government. Foreign grain or rice brought into any port of China in a ship of
the United States, and not landed, may be re-exported without hindrance.
Art. XXII.—The tonnage duty on vessels of the United States shall be paid on
their being admitted to entry. Duties of import shall be paid on the discharge of the
74 TREATY BETWEEN THE UNITED STATES AND CHINA
goods, and duties of export on the lading of the same. When all such duties shall
have been paid, and not before, the Collector of Customs shall give a port-clearance,,
and the Consul shall return the ship’s papers. The duties shall be paid to the shroffs
authorized by the Chinese Government to receive the same. Duties shall be paid and
received either in sycee silver or in foreign money, at the rate of the day. If the-
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 th&
transhipment. And if any goods be transhipped without written permits, they shall
be subject to be forfeited to the Chinese Government.
Art. XXIV.—Where there are debts due by subjects of China to citizens of the
United States, the latter may seek redress in law; and, on suitable representation being
made to the local authorities through the Consul, they will cause due examination in
the premises, and take proper steps to compel satisfaction. And if citizens of the
United States be indebted to subjects of China, the latter may seek redress by
representation through the Consul, or by suit in the Consular Court; but neither
Government will hold itself responsible for such debts.
Art. XXV.—It shall be lawful for the officers or citizens of the United States to
employ scholars and people of any part of China, without distinction of persons, to
teach any of the languages of the Empire, and assist in literary labours, and the
persons so employed shall not for that cause be subject to any injury on the part
either of the Government or individuals; and it shall in like manner be lawful for
citizens of the United States to purchase all manner of books in China.
Art. XXVI.—Eelations of peace and amity between the United States and China
being established by this Treaty, and the vessels of the United States being admitted
to trade freely to and from the ports of China 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 regard to rights, whether of property or person,
arising between citizens of the United States in China, shall be subject to the
jurisdiction and be regulated by the authorities of their own Government; and all
controversies occurring in China between citizens of the United States and the
subjects of any other Government shall be regulated by the Treaties existing between
the United States and such Governments respectively, without interference on the
part of China.
Art. XXVIII.—If citizens of the United States have special occasion to address
any communication to the Chinese local officers of Government, they shall submit the
same to their Consul or other officer, to determine if the language be proper and
respectful, and the matter just and right, in which event he shall transmit the same
to the appropriate authorities for their consideration and action in the premises. If
subjects of China have occasion to address the Consul of the United States they may
address him directly, at the same time they inform their own officers, representing the
case for his consideration and action in the premises; and if controversies arise
between citizens of the United States and subjects of China, which cannot be amicably
settled otherwise, the same shall be examined and decided conformably to justice and
equity by the public officers of the two nations, acting in conjunction. The extortion
ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA 76
of illegal fees is expressly prohibited. Any peaceable persons are allowed to enter
the Court in order to interpret, lest injustice be done.
Art. XXIX,—The principles of the Christian Religion, as professed by the
Protestant and Roman Catholic Churches, are recognised as teaching men to do good,
and to do to others as they would have others to do to them. Hereafter those who
quietly profess and teach these doctrines shall not be harassed or persecuted on
account of their faith. Any person, whether citizen of the United States or Chinese
convert, who, according to those tenets, peaceably teaches and practises the principles
of Christianity, shall in no case be interfered with or molested.
Art. XXX.—The contracting parties hereby agree that should at any time the
Ta-Tsing Empire grant to any nation, or the merchants or citizens of any nation, any
right, privilege, or favour, connected either with navigation, commerce, political or
other intercourse, which is not conferred by this Treaty, such right, privilege, and
favour shall at once freely enure to the benefit of the United States, its public officers,
merchants, and citizens.
The present Treaty of Peace, Amity, and Commerce shall be ratified by the
President of the United States, by and with the advice and consent of the Senate,
within one year, or sooner, if possible, and by the August Sovereign of the Ta-Tsing
Empire forthwith; and the ratifications shall be exchanged within one year from the
date of the signature thereof.
In faith whereof we, the respective Plenipotentiaries of the United States of
America and of the Ta-Tsing Empire, as aforesaid, have signed and sealed these
presents.
Done at Tientsin, this eighteenth day of June, in the year of our Lord one
thousand eight hundred and fifty-eight and the Independence of the United States
of America the eighty-second, and in the eighth year of Hien Fung, fifth moon, and
eighth day.
[l.s.] 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:—
Art. I.—His Majesty the Emperor of China, being of the opinion that in making
concessions to the citizens or subjects of foreign Powers, of the privilege of residing
76 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 lauds and waters, hereby agrees that no such concession or grant shall
be construed to give to any Power or party which may be at war with or hostile to'
the United States, the right to attack the citizens of the United States, or their
property, within the said lands or waters: And the United States for themselves
hereby agree to abstain from offensively attacking the citizens or subjects of any
Power or party, or their property, with which they may be at war, on any such tract
of land or water of the said Empire. But nothing in this Article shall be construed
to prevent the United States from resisting an attack by any hostile Power or party
upon their citizens or tbeir property.
It is further agreed that if any right or interest in any tract of land in China,
has been, or shall hereafter be, granted by the Government of China to the United
States or their citizens for purposes of trade or commerce, that grant shall in no'
event be construed to divest the Chinese Authorities of their right of jurisdiction
over persons and property within said tract of land except so far as the right may
have been expressly relinquished by Treaty.
Art. II.—The United States of America and His Majesty the Emperor of China,
believing that the safety and prosperity of commerce will thereby best be promoted,
agree that any privilege or immunity in respect to trade or navigation within the
Chinese dominions which may not have been stipulated for by Treaty, shall be subject
to the discretion of the Chinese Government, and may be regulated by it accordingly,
but not in a manner or spirit incompatible with the Treaty stipulations of the parties.
Art. ILL—The Emperor of China shall have the right to appoint Consuls at
ports of the United States, who shall enjoy the same privileges and immunities as
those which are enjoyed by public law and Treaty in the United States by the Consuls
of Great Britain and Russia, or either of them.
Art. IV.—The 29th Article of the Treaty of the 18th June, 1858, having stipulated
for the exemption of the Christian citizens of the United States and Chinese converts
from persecution in China on account of their faith, it is further agreed that citizens
of the United States in China of every religious persuasion, and Chinese subjects in
the United States, shall enjoy entire liberty of conscience, and shall be exempt from
all disability or persecution on account of their religious faith or worship in either
country. Cemeteries for sepulture of the dead, of whatever nativity or nationality,
shall be held in respect and free from disturbance or profanation.
Art. V.—The United States of America and the Emperor of China cordially
recognize the inherent and inalienable right of man to change his home and allegiance,
and also the mutual advantage of the free migration and emigration of their citizens
and subjects respectively from the one country to the other for the purposes of curiosity,
of trade, or as permanent residents. The high contracting parties, therefore, join in
reprobating any other than an entirely voluntary emigration for these purposes.
They consequently agree to pass laws, making it a penal offence for a citizen of the
United States, or a Chinese subject, to take Chinese subjects either to the United
States or to any other foreign country; or for a Chinese subject or citizen of the
United States to take citizens of the United States to China, or to any other foreign
country, without their free and voluntary consent respectively.
Art. VI.—Citizens of the United States visiting or residing in China shall enjoy
the same privileges, immunities, or exemptions in respect to travel or residence as may
there be enjoyed by the citizens or subjects of the most favoured nation. And,
reciprocally, Chinese subjects visiting or residing in the United States shall enjoy
the same privileges, immunities, and exemptions in respect to travel or residence as
may there be enjoyed by the citizens or subjects of the most favoured nation. But
nothing herein contained shall be held to confer naturalization upon citizens of the
United States in China, nor upon the subjects of China in the United States.
Art. VII.—Citizens of the United States shall enjoy all the privileges of the
public educational institutions under the control of the Government of China; and,
reciprocally, Chinese subjects shall enjoy all the privileges of the public educational
IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA 77
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. J he citizens of the United States may freely establish and maintain schools
within the Empire of China at those places w here 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.
, [l.s.] (Signed) William H. Seward. [l.s.] (Signed) Chih Kang,
[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 Friendshij) was concluded between the United States of America and China, and
to which were added in the seventh year of Tung Chi, Anno Domini 1868, certain
supplementary Articles to the advantage of both parties, which supplementary Articles
were to be perpetually observed and obeyed; and
Whereas the Government of the United States, because of the constantly in-
creasing immigration of Chinese labourers to the territory of the United States, and
the embarrassments consequent upon such immigration, now desires to negotiate a
modification of the existing Treaties which will not be in direct contravention of their
spirit; now, therefore, the President of the United States of America appoints James
B. Angell, of Michigan; John F. Swift, of California; and William H. Trescott, of
South Carolina, as his Commissioners Plenipotentiary; and His Imperial Majesty
the Emperor of China has appointed Pao Chun, a member of His Imperial Majesty’s
Privy Council and Superintendent of the Board of Civil Office, and Li Hung Tsao, a
member of His Imperial Majesty’s Privy Council, as his Commissioners Plenipo-
tentiary; and the said Commissioners Plenipotentiary, having conjointly examined
78 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 the Government of the United States shall adopt legislative
measures in accordance therewith, such measures will be communicated to the
Government of China, and if the measures, as effected, are found to work hardship
upon the subjects of China, the Chinese Minister at Washington may bring the
matter to the notice of the Secretary of State of the United States, who will consider
the subject with him, and the Chinese Foreign Office may also bring the matter to
the notice of the U.S. Minister at Peking and consider the subject with him, to the
end that mutual and unqualified benefit may result. In faith whereof, the Plenipo-
tentiaries have signed and sealed the foregoing at Peking, in English and Chinese,
there being three originals of each text of even tenor and date, the ratifications of
which shall be exchanged at Peking within one year from the date of its execution.
Done at Peking, this 17th day of November, in the year of our Lord one thousand
eight hundred and eighty, Kuang Hsu sixth year, tenth moon, fifteenth day.
Signed and sealed by the above-named Commissioners of both Governments.
The Commercial Treaty
The President of the United States of America 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 uf- their past commercial relations, and in order to still further promote such
IMMIGKATION AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA 79
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 case.
In faith whereof, the respective Plenipotentiaries have signed and sealed the
foregoing, at Peking, in English and Chinese, there being three originals of each text,
of even tenor and date, the ratifications of which shall be exchanged at Peking within
one year from the date of its execution.
Done at Peking, this seventeenth day of November, in the year of our Lord one
thousand eight hundred and eighty, Kuang Hsu sixth year, tenth moon, fifteenth day.
(Signed) James B. Angell. (Signed) Pao Chon.
„ John E. Swift. „ Li Hong-tsao.
„ William H. Tbescott.
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.n. 1880, and of Kwang Hsu, the sixth
year, the tenth month, and the 15th day, a Treaty was concluded between the United
States and China for the purpose of regulating, limiting, or suspending the coming
of Chinese labourers to and their residence in the United States, and, whereas the
Government of China, in view of the antagonism and much deprecated and serious
disorders to which the presence of Chinese labourers has given rise in certain parts
of the United States, desires to prohibit the emigration of such labourers from
China to the United States; and, whereas the two Governments desire to co-operate
in prohibiting such emigration and to strengthen in many other ways the bonds of
relationship between the two countries; and, whereas the two Governments are desirous
of adopting reciprocal measures for the better protection of the citizens or subjects
of each within the jurisdiction of the other; now, therefore, the President of the
United States has appointed Walter Q. Gresham, Secretary of State, as his
Plenipotentiary, and his Imperial Majesty the Emperor of China has appointed
Yang Yui, Officer of the Second ttank, 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 Consu
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 81
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. YI. —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
•Convention and have hereunto affixed our seals.
Done, in duplicate, at Washington, the 17th day of March, a.d. 1894.
Walter Q. Gresham,
Secretary of State.
Yang Yui,
Chinese Minister to the United States.
COMMERCIAL TREATY BETWEEN THE UNITED
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 off
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 Irom 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 majr
COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA
(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
•Government within their consular districts, either personally or in writing as the case
may require, on terms of equality and reciprocal respect. These officers shall be
treated with proper respect by all Chinese authorities, and they shall enjoy all the
attributes, privileges and immunities, and exercise all the jurisdiction over their
nationals which are or may hereafter be extended to similar officers of the nation the
most favoured in these respects. If the officers of either Government are disrespect-
fully treated or aggrieved in any way by the authorities of the other, they shall have
the right to make representation of the same to the superior officers of their own
Government, who shall see that full inquiry and strict justice be had in the premises.
And the said consular officers of either nation shall carefully avoid all acts of offence
to the officers and people of the other nation.
On the arrival of a Consul properly accredited at any place in China opened to
foreign trade, it shall be the duty of the Minister of the United States to inform the
Board of Foreign Affairs, which shall, in accordance with international usage, forth-
with cause the due recognition of the said Consul and grant him authority to act.
Art. IH.—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 Ze&inand 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.
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
84 Commercial treaty between unhed 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 lelcin, 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 be 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 CHXNA ■ 85
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
provided for in this Article, all of which shall take effect from the said date. The-
Edict shall state that the provincial high officials are responsible that any official
disregarding the letter or the spirit of its injunction shall be severely punished and
removed from his post.
Art. 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 by the
present high contracting parties. It is expressly agreed, however, that citizens of
the United States shall at no time pay other or higher duties than those paid by the
citizens or subjects of the most favoured nation.
Conversely, Chinese subjects shall not pay higher duties on their imports into the
United States than those paid by the citizens or subjects of the most favoured nation.
Art. YI.—The G-ovemment 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. YII.—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. YIII.—Drawback certificates for the return of duties shall be issued by the
Imperial Maritime Customs to citizens of the United States within three weeks of
the presentation to the Customs of the papers entitling the applicant to receive such-
drawback certificates, and they shall be receivable at their face value in payment of
duties1 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 XXL, in
the case of detected frauds on the revenue. In case the goods have been removedi
COMMERCIAL TREA.TY 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 Government.
Art. IX.—Whereas the United States undertakes to protect the citizens of any
country in the exclusive use within the United States of any lawful trade-marks,
provided that such country agrees by Treaty or Convention to give like protection to
citizens of the United States :—
Therefore the Government of China, in order to secure such protection in the
United States for its subjects, now agrees to fully protect any citizen, firm or corpora-
tion of the United States in the exclusive use in the Empire of China of any lawful
strade-mark to the exclusive use of which they are entitled in the United States, or
which they have adopted and used, or intend to adopt and use as soon as registered,
for exclusive use within the Empire of China. To this end the Chinese Government
agrees to issue by its proper authorites proclamations having the force of law, for-
bidding all subjects of China from infringing on, imitating, colourably imitating, or
.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
to print and sell such book, map, print, engraving or translation in the Empire of
China during ten years from the date of registration. With the exception of the
books, maps, etc., specified above, which may not be reprinted in the same form, no
work shall be entitled to copyright privileges under this Article. It is understood that
Chinese subjects shall be at liberty to make, print and sell original translations into
^Chinese of any works written or of maps compiled by a citizen of the United States.
This Article shall not be held to protect against due process of law any citizen of the
United States or Chinese subject who may be author, proprietor or seller of any
publication calculated to injure the well-being of China.
Art. XII.—The Chinese Government having in 1898 opened the navigable
inland waters of the Empire to commerce by all steam vessels, native or foreign, that
may be specially registered for the purpose, for the conveyance of passengers and
lawful merchandise, citizens, firms and corporations of the United States may engage
in such commerce on equal terms with those granted to subjects of any foreign Power.
In case either party hereto considers it advantageous at any time that the rules
.and regulations then in existence for such commerce be altered or amended, the
Chinese Government agrees to consider amicably, and to adopt such modifications
-thereof as are found necessary for trade and for the benefit of China.
COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA 87
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 as1
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 thenu
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-
arrangements for their administration, and other considerations warrant it in so doing.
Art. XVI.—The Government of the United States consents to the prohibition
by the Government of China of the importation into China of morphia and of instru-
ments for its injection, excepting morphia and instruments for its injection imported
for medical purposes, on payment of tariff duty, and under regulations to be framed",
by China which shall effectually restrict the use of such import to the said purposes.
This prohibition shall be uniformly applied to such importation from all countries.
The Chinese Government engages to adopt at once measures to prevent the manu-
facture in China of morphia and of instruments for its injection.
Art. XVII.—It is agreed between the high contracting parties hereto that all
the provisions of the several Treaties between the United States and China which
were in force on the first day of January, a.d. 1900, are continued in full force and
effect except in so far as they are modified by the present Treaty or other Treaties to
which the United States is a party.
The present Treaty shall remain in force for a period of ten years beginning with
the date of the exchange of ratifications and until a revision is effected as hereinafter
provided.
It is further agreed that either of the high contracting parties may demand
that the Tariff and the Articles of this Convention be revised at the end of ten yearr;
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
been carefully compared; but, in the event of there being any difference of meaning
between them, the sense as expressed in the English text shall be held to be the
correct one.
This Treaty and its three Annexes, shall be ratified by the two high contracting
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
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 Glovernment monopoly in China, no mention has been
made in this Treaty of salt taxation.
It is, however, understood, after full discussion and consideration, that the col-
lection of inland duties on opium and salt and the means for the protection of the
•revenue therefrom and for preventing illicit traffic therein are left to be administered
by the Chinese Government in such manner as shall in no wise interfere with the
provision of Article IY. of this Treaty regarding the unobstructed transit of other
goods.
Annex II.
Article IY. 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 Hsiian-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. IV.—Portugal engages to co-operate in opium revenue work at Macao in the
same way as England in Hongkong.
Done at Lisbon, the 26th March, 1887.
Henrique de Barros Gomes.
James Duncan Campbell.
The Treaty
Ratifications Exchanged at Peking ZSth 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 Tsuug-li Yamen, 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.
■90 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. Y.—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 agent, as well as the persons of his
-suite and their families, will be permitted, at the option of the Portuguese Govern-
ment, to reside permanently in Peking, to visit that Court, or to reside at any other
place where such residence is equally accorded to the diplomatic representative of other
uations. 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
liis Government shall order.
Art. VI.—The diplomatic agents of Portugal and China shall reciprocally enjoy
in the place of their residence all the prerogatives and immunities accorded by the
laws of nations; their persons, families, and houses, as well as their correspondence,
shall be inviolate.
Art. VII.—The official correspondence addressed by the Portuguese authorities to
’the Chinese authorities shall be written in the Portuguese language accompanied by
a translation in Chinese, and each nation shall regard as authoritative the document
written in its own language.
Art. VIII.—The form of correspondence between the Portuguese and the Chi-
nese authorities will be regulated by their respective rank and position, based upon
complete reciprocity. Between the high Portuguese and Chinese functionaries at the
capital or elsewhere, such correspondence will take the form of dispatch (Chau-hoei);
between the subordinate functionaries. of Portugal and the chief authorities of the
provinces, the former shall make use of the form of exposition (Xen-chen) and the
latter that of declaration (Cha-hsing) ; and the subordinate officers of both nations
•shall correspond together on terms of perfect equality. Merchants and generally all
others who are not invested with an official character shall adopt, in addressing the
authorities, the form of representation or petition (Pin-ching).
Art. IX.—His Most Faithful Majesty the King of Portugal m^y appoint
•Obnsuls-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 enjov 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-
tnent to any foreign Government under special conditions, Portugal, on claiming the
TEEATY BETWEEN PORTUGAL AND CHINA 91-
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, enjoying all the rights
and privileges enjoyed by the subjects of the most favoured nation.
Art. XII.—Portuguese subjects shall pay import and export duties on all mer-
chandise according to the rates specified in the tariff of 1858, adopted for all the other
nations; and in no instance shall higher duties be exacted from them than those paid
by the subjects of any other foreign nation.
Art. XIII.—Portuguese subjects are permitted to hire any description of boats
they may require for the conveyance of cargo or passengers, and the price of said hire
will be fixed by the contracting parties alone, without interference 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. XYI.—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. XYII.—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 lawr 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 plundered1
by pirates or thieves within Chinese waters, the Chinese authorities are to* employ-
92 TREATY BETWEEN; PORTUGAL AND CHINA
rtheir 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
dons burden will pay tonnage dues at the rate of four mace per ton ; if of one hundred
and fifty tons a,nd under they shall be changed 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.
Aft. 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 conveuience. These officers will get their food and all necessaries
from thd 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 rORTUGAL AND CHINA 93
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
'furm. 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 opinidn between the Portuguese merchant and the
'Custom-house officer as to the mode by which the tare is to be fixed, each party will
-choose a certain number of boxes or bales from among every hundred packages of
the goods in question, taking the gross weight of said packages, then the tare of each
of the packages separately, and the average tare resulting therefrom will be adopted
for the whole parcel.
In case of any doubt or dispute not mentioned herein, the Portuguese merchant
may appeal to the Consul, who will refer the case to the Superintendent of Customs;
this officer will act in such a manner as to settle the question amicably. The appeal,
however, will only be 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
goodsi 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.
94 TREATY BETWEEN PORTUGAL AND CHIttA
Art. XXXVII.—The proceeds of fines and confiscations inflicted oo Portuguese-
subjects, in conformity to this Treaty, shall belong exclusively to the Chinese-
Government.
Art. XXXVIII.—Portuguese subjects carrying goods to a market in the interior
of the country, on which the lawful import duties have already been paid at any of
the open ports, or those who buy native produce in the interior to bring to the ports
on the 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
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-
sary, as to the construction of Light-houses and the placing of Buoys and Light-ships^
Art. XL.—Duties shall be paid to the bankers authorized by the Chinese Govern-
ment to receive them in sycee or in foreign coin, according to the official assay made
at Canton on the 15th July, 1843.
Art. XLI.—In order to secure the regularity of weights and measures and to
avoid confusion, the Superintendent of Customs will hand over to the Portuguese
Consul at each of the open ports standards similar to those given by the Treasury
Department for collection of public dues to the Customs at Canton.
Art. XLII.—^Portuguese merchant ships may resort onlv 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 of
China to another, or to Macao, are entitled to a certificate of the Custom-house, which
will exempt them from paying new tonnage dues, during the period of four months
reckoned from the date of clearance.
Art. XLIV.—If any Portuguese merchant ship is found smuggling, the goods
smuggled, no matter of what nature or value, will be subject to confiscation by the
Chinese authorities, who may send the ship away from the port, after settlement of
all her accounts, and prohibit her to continue to trade.
Art. XLV.—As regards the delivery of Portuguese and Chinese criminals, with
the exception of the Chinese criminals who take refuge in Macao, and for whose
extradition the Governor of Macao will continue to follow the existing practice, after
the receipt of a due requisition from the Viceroy of the Kwangs, it is agreed that,
in the Chinese ports open to foreign trade, the Chinese criminals who take refuge at
the houses or on board ships of Portuguese subjects shall be arrested and delivered
to the Chinese authorities on their applying to the Portuguese Consul; and likewise
the Portuguese criminals who take refuge in China shall be arrested and delivered
to the Portuguese authorities on their applying to the Chinese authorities; and by
neither of the parties shall the criminals be harboured nor shall there be delay in-
delivering them.
Art. XLVI.—It is agreed that either of the high contracting parties to this
Treaty may demand a revision of the Tariff, and of the commercial Articles of this
Treaty, at the end of ten years; but if no demand be made on either side within six
months after the end of the first ten years, then the Tariff shall remain in force for
ten years more, reckoned from the end of the preceding ten years ; and so it shall be,
at the end of each successive ten years.
Art. XLVII.—All disputes arising between Portuguese subjects in China with
regard to rights, either of property or person, shall be submitted to the jurisdiction
of the Portuguese authorities.
Art. XLVIII.—Whenever Chinese subjects become guilty of any criminal act
towards Portuguese subjects, the Portuguese authorities must report such acts to the
Chinese authorities in order that the guilty be tried according to the laws of China.
TREATY BETWEEN PORTUGAL AND CHINA 95
If Portuguese subjects become guilty of any criminal act towards Chinese subjects,
the Chinese authorities must report such acts to the Portuguese Consul in order that
the guilty may be tried according to the laws of Portugal.
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
pay, the debt being previously proved and the possibility of its payment ascertained.
The Portuguese authorities will likewise use their efforts to enforce the payment of
any debt due by any Portuguese subject to a Chinese subject.
But in no case will the Portuguese Government or the Chinese Government be
-considered responsible for the debts of their subjects.
Art. L.—Whenever any Portuguese subject shall have to petition the Chinese
authority of a district, he is to submit his statement beforehand to the Consul, who
will cause the same to be forwarded should he see no impropriety in so doing,
otherwise he will have it written out in other terms, or decline to forward it.
Likewise, when a Chinese subject shall have occasion to petition the Portuguese
•Consul he will only be allowed to do so through the Chinese authority, who shall
proceed in the same manner.
Art. LI.—Portuguese subjects who may have any complaint or claim against
any Chinese subject, shall lay the same before the Consul, who will take due
-cognizance of the case and will use all his efforts to settle it amicably. Likewise,
when a Chinese subject shall have occasion to complain of a Portuguese subject, the
Consul will listen to his complaint and will do what he possibly can to re-establish
harmony between the two parties.
If, however, the dispute be of such a nature that it cannot be settled in that
conciliatory way, the Portuguese Consul and Chinese authorities will hold a joint
investigation of the case, and decide it with equity, applying each the laws of his own
country according to the nationality of the defendant.
Art. LII.—The Catholic religion has for its essential object the leading of men
-to virtue. Persons teaching it and professing it shall alike be entitled to efficacious
protection from the Chinese authorities ; nor shall such persons pursuing peaceably
their calling and not offending against the laws be prosecuted or interfered with.
Art. LIII.—In order to prevent for the future any discussion, and considering
that the English language, among all foreign languages, is the most generally
known in China, this Treaty, with the Convention appended to it, is written in Por-
tuguese, Chinese, and English, and signed in six copies, two in each language. All
these versions have the same sense and meaning, but if there should happen to be any
divergence in the interpretation of the Portuguese and Chinese versions, the English
text will be made use of to resolve the doubts that may have arisen.
Art. LIV.—The present Treaty, with the Convention appended to it, shall be
ratified by His Most Faithful Majesty the King of Portugal and the Algarves and
His Imperial Majesty the Emperor of China. The exchange of the ratifications shall
be made, within the shortest possible time, at Tientsin, after which the Treaty,
with the Convention appended, shall be printed and published in order that the
functionaries and subjects of the two countries may have full knowledge of their
stipulations and may fulfil them.
In faith whereof, the respective Plenipotentiaries have signed the present Treaty
and have affixed their seals thereto.
Done in Peking, this first day of the month of December in the year of Our Lord
Jesus Christ one thousand eight hundred and eighty-seven, corresponding to the
Chinese date of the seventeenth day of the tenth moon of the thirteenth year of
Suang-Hsu.
[l.s.] (Signed) Thomas de Souza Roza.
[Chinese Seal] Prince Ch’ino.
Signatures of the Chinese Plenipotentiaries. SUN-IU-UEN.
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 quantities le
2. —All opium imported into Macao must, forthwith on arr
the competent department under a public functionary appointed by the Portuguese
Government, to superintend the importation and exportation of opium in Macao.
3. —No opium imported into Macao shall be transhipped, lan
from one store to another, or exported, without a permit issued by the Superintendent.
4. —The importers and exporters of opium in Macao must ke
ing to the form furnished by the Government, showing with exactness and clearness
the quantity of opium they have imported, the number of chests they have sold, to
whom and to what place they were disposed of, and the quantity in stock.
5. —Only the Macao opium farmer, and persons licensed to
will be permitted to keep in their custody raw opium in quantities inferior to one chest.
6. —Regulations framed to enforce in Macao the execution
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. IIL—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] Prince 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
Peking, duly authoi-ized 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 Inspec
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 more t
Taels per picul, shall be free from all other imposts of every sort, and have all the
benefits stipulated for by the Additional Article of the Chefoo Convention between
China and Great Britain on behalf of opium on which duty has been paid at one of
the ports of China, and may be made up in sealed parcels at the option of the purchaser.
3. —The Commissioner of Customs responsible for the management
Customs stations shall investigate and settle any complaint made by Chinese mer-
chants of Macao against the Customs stations or revenue cruisers ; and the Governor
of Macao, if he deems it advisable, shall be entitled to send an officer of Macao to
be present and assist in the investigation and decision. If, however, they do not
agree, a reference may be made to the Authorities at Peking for a joint decision.
4. —Junks trading between Chinese ports and Macao, and their cargoes, s
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 lekin tax again, and will be only subject to the payment of the
tax named Siao-hao.
In witness whereof, this agreement has been written in Portuguese and English
and signed in duplicate at Peking this the first day of December, 1887.
(Signed) 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.
4
98 COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL
Art. III.—The duty and lelcin 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 to fix the respective zones
of operations, and shall devise practical means for the repression of smuggling.
Art. V.—With a view to the development of trade between Macao and neigh-
bouring ports in the Kwangtung Province, the high contracting parties have agreed
as follows:—
1. —Portuguese steamers desirous of proceeding for the purp
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 Inla
Navigation Rules shall be permitted to ply between Macao and places in the Depart-
ment of Kwang-chow-fu other than those mentioned in Section 1, provided they
report to the Kungpei-kuan Customs for examination of cargo and payment of duties
in accordance with Special Regulations to be framed for this purpose by the two high
contracting parties. Such vessels may engage in all lawful trade, including the tow-
age of junks and conveyance of passengers and cargo, subject to the regulations for
the time being in force.
The privileges hereby granted are granted on the express understanding that
Special Regulations shall be framed defining in detail the conditions under which
such traffic may be carried on. Until then, the said Regulations have been agreed
upon and published, the Article shall not become operative; and subsequently only
on compliance with the said Regulations.
Art. VI.—Portugal having the right of most favoured nation treatment, it is
clearly stipulated that any advantages China may think fit to grant to any nation in
COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL
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 udder 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 lelein, the Portuguese Government agrees
that foreign goods imported into China by Portuguese subjects shall on entry pay
an import surtax equivalent to one and a half times the duty fixed by the Import
Tariff as now revised, and that Chinese produce exported abroad by Portuguese sub-
jects shall pay export duties, inclusive of the tariff'export duty, not exceeding seven
and a half per cent, ad valorem, provided always that such import surtax and export
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 pnid 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, howeves,
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
4*
100 COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL
will allow the importation of morphia and of instruments for its injection for medical
purposes by Portuguese doctors, chemists, and druggists, on payment of the
prescribed duty and under special permit which will only be granted to an intending
importer upon his signing at the Portuguese Consulate a suitable bond undertaking
not to sell morphia except in small quantities and on receipt of a requisition signed
by a duly qualified foreign medical practitioner. If fraud in connection with such
importation be discovered by the Customs authorities the morphia and instrument
for its injection will be seized and confiscated, and the importer will be denied the
right to import these articles.
Art. XII.—The Chinese Government recognizing that it is advantageous for
the country to develop its mineral resources, and that it is desirable to attract foreign
as well as Chinese capital to embark in mining enterprise, agrees to revise its exist-
ing mining regulations in such manner, by the selection of those rules in force in
other nations which seem applicable to conditions in China, that the revision, while
promoting the interests of Chinese subjects and in no way prejudicing the sovereign
rights of China, will offer no impediment to the employment of foreign capital, nor
place foreign capitalists at a gieater disadvantage than they would be under generally
accepted foreign regulations, and will permit Portuguese subjects to carry on in
Chinese territory mining operations and other necessary business relating thereto,
provided they comply with the new regulations and conditions which will be imposed
by China on its subjects and foreigners alike, relating to the opening of mines, the
renting of mineral land, and payment of royalty, and provided they apply for permits,
the provisions of which, in regard to necessary business relating to such operations,
shall be observed. The residence of Portuguese subjects in connection with such
mining operations shall be agreed upon between Portugal and China. Any mining
concession granted after the publication of such new rules shall be subject to these
provisions.
Art. XIII.—It being only right that the shareholders of any joint stock com-
pany, or the partners in any commercial undertaking, should all be on a footing of
equality as regards division of profits and payment of obligations, according to the
partnership agreement or memorandum and articles of association, the Chinese
Government agrees that Chinese subjects joining with Portuguese subject in the or-
ganisation of a joint stock company or commercial undertaking, legally constituted,
shall be liable to the fulfilment of the obligations imposed by said agreement or
memorandum and articles of association, and that Chinese Courts will enforce fulfil-
ment of such obligations, if a suit to that effect be entered; provided always that
their liability shall not be other or greater than that of Portuguese shareholders or
partners in the same company or partnership. Similarly Portuguese subjects who
invest their capital in Chinese enterprises shall be bound to fulfil the obligations
imposed by the partnership agreement or memorandum, and articles of association,
and their liability shall be the same as that of the Chinese subjects engaged in the
same undertaking. But as existing Treaty stipulations do not permit foreign mer-
chants to reside in the interior of China for purpose of trade, such joint stock com-
panies and commercial undertakings may be established in the interior by Portuguese
and Chinese subjects conjointly.
Art. XIV.—As Portugal affords protection to trademarks used by subjects of
any other nationality, provided a like protection is reciprocated for trademarks used
by Portuguese subjects, China, in order to obtain this protection for its subjects in
Portuguese territory, agrees to grant protection to Portuguese trademarks against
unlawful use, falsification or imitation by Chinese subjects. To this end the Chinese
Government will enact the necessary laws and regulations, and will establish
registration offices at which foreign trademarks may be registered on payment of
reasonable fees. Further, the Chinese Government agrees that, as soon as a Patent
Office has been established, and special laws with regard to inventions have been
adopted, it will, after payment of the prescribed fees, issue certificates, valid for a
fixed term of years, to Portuguese inventors, extending to their inventions the same
protection as shall be given to Chinese patents in Portugal, provided that such inven-
COMMERCIAL TREATY BETWEEN CHINA AND PORTUGAL 101
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 religious customs and
practices contrary to his faith. Missionaries shall not interfere with the exercise by
the native authorities of their jurisdiction over Chinese subjects, nor shall the native
authorities make any distinction between converts and non-converts, but shall
administer the law without partiality, so that both classes may live together in peace.
Portuguese missions shall be permitted to rent and lease in perpetuity, as the
property of the mission, buildings or lands in all parts of the Empire for mission
purposes, and, after the title-deeds have been found in order and duly stamped by the
local authorities, to erect such suitable buildings as may be required for carrying out
their good work.
Art. XVII.—The present Treaty shall remain in force for a period of ten years
beginning with the date of the exchange of ratifications and until a revision is effected
•as hereinafter provided
It is further agreed that either of the two high contracting parties may
demand revision of the Tariff and the Articles of the Treaty six months before the
‘end of ten years from the date of the exchange of ratifications thereof. If no re-
vision is demanded before the end of the first term of the ten years, then these Articles
in their present form shall remain in full force for a further term of ten years
rreckoned 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 Apeil, 1895
Ratifications Exchanged at Chefoo, China, on the 8th May, 1895
His Majesty tlie Emperor of Japan, and His Majesty the Emperor of China
desiring to restore the blessings of peace to their countries and subjects, and to-
re move all cause for future complications, have named as their Plenipotentiaries for
the purpose of concluding a Treaty of Peace, that is to say:—
His Majesty the Emperor of Japan, Count Ito Hirobumi, Junii, Grand Cross of
the Imperial Order of Paullownia, Minister-President of State, and Viscount Mutsu
Munemitsu, Junii, First Class of the Imperial Order of the Sacred Treasure, Minister
of State for Foreign Affairs;
And His Majesty the Emperor of China, Li Hung Chang, Senior Tutor to the
Heir Apparent, Senior Grand Secretary of State, Minister Superintendent of Trade-
for the Northern Ports of China, Viceroy of the Province of Chihli, and Earl of the
First Rank, and Li Ching Fong, 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.
TEEATT BETWEEN JAPAN AND CHINA 103
(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 received
the approval of the Governments of Japan and China.
Art. IV.—China agrees to pay to Japan as a war indemnity the sum of 200,000,000
Kuping taels. The said sum to be paid in eight instalments. The first instalment of
50,000,000 taels to be paid within six months, and the second instalment of 50,000,000
taels to be paid within twelve months, after the exchange of the ratifications of this
Act. The remaining sum to be paid in six equal annual instalments as follows : the
first of such equal annual instalments to be paid within two years, the second with-
in three years, the third within four years, the fourth within five years, the fifth
within six years, and the sixth within seven years after the exchange of the ratifications
of this Act. Interest at the rate of 5 per cent, per annum shall begin to run on all
unpaid portions of the said indemnity from the date the first instalment
falls due.
China shall, however, have the right to pay by anticipation at any time any or
all of said instalments. In case the whole amount of the said indemnity is paid
within three years after the exchange of the ratifications of the present Act, all
interest shall be waived, and the interest for two years and a half, or for any less
period if then already paid, shall be included as a part of the principal amount of
•the indemnity.
Art. V.—The inhabitants of the territories ceded to Japan who wish to take up
their residence outside the ceded districts shall be at liberty to sell their real property
and retire. For this purpose a period of two years from the date of the exchange
•of the ratifications of the present Act shall be granted. At the expiration of that
period those of the inhabitants who shall not have left such territories shall, at the
•option of Japan, be deemed to be Japanese subjects.
Each of the two Governments shall, immediately upon the exchange of the
ratifications of the present Act, send one or more Commissioners to Formosa to effect
.a final transfer of that province, and within the space of two months after the
exchange of the ratifications of this Act such transfer shall be completed.
Art. Vi. —All Treaties between Japan and China having come to an end in
•consequence of war, China engages, immediately upon the exchange of the ratifica-
tions of this Act, to appoint Plenipotentiaries to conclude with the Japanese Pleni-
potentiaries a Treaty of Commerce and Navigation, and a Convention to regulate
•frontier intercourse and trade. The Treaties, Conventions, and Regulations, now
subsisting between China and European Powers, shall serve as a basis for the said
'Treaty and Convention between Japan and China. From the date of the exchange
of the ratifications of this Act until the said Treaty and Convention are brought
into actual operation, the Japanese Government, its officials, commerce, navigation,
•frontier intercourse and trade, industries, ships and subjects, shall in every respect
he accorded by China most favoured nation treatment.
China makes, in addition, the following concessions, to take effect six months
rafter the date of the present Act:—
104 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.
(5.) Chung Eing, 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.j On the Woosung Eiver, and the Canal, from Shanghai to Suchow and
Hangchow.
The Eules and Eegulations 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, pi'ovided the-
Chinese Government consents to pledge, under suitable and sufficient arrangements,
the Customs Eevenue 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 105
(punish prisoners of war so restored to her by Japan. China also engages to at once
release all Japanese subjects accused of being military spies or charged with any
other military offences. China further engages not to punish in any manner, nor to
.allow to be punished, those Chinese subjects who have in any manner been
‘Compromised in their relations with the Japanese army during the war.
Art. X.—All offensive military operations shall cease upon the exchange of the
ratifications of this Act.
Art. XL—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 fourteenth day of the fourth month of the twenty-first year of Kuang Hsii.
In witness whereof, the respective Plenipotentiaries have signed the same and
-have affixed thereto the seal of their arms.
Done at Shimonoseld, in duplicate, this seventeenth day of the fourth month
►of the twenty-eighth year of Meiji, corresponding to the twenty-third of the third
■month of the twenty-first year of Kuang Hsu.
[l.s.] Count Ito Htrobumi, Junii, Grand Cross of the
Imperial Order 'of Paullownia, Minister-President
of State, Plenipotentiary of His Majesty the Emperor
of Japan.
[l.s.] Viscount Mutsu Mttnemitsu, 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 Eis 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 Bank.
[l.s.] Li Ching-fong, Plenipotentiary of His Majesty the
Emperor of China, Ex-Minister of the Diplomatic
Service, of the Second Official Bank.
TREATY OF COMMERCE AND NAVIGATION
Made at Peking, July 21st, 1896
His Majesty the Emperor of Japan and His Majesty the Emperor of China
having resolved, in pursuance of the provisions of Article VI. of the Treaty signed
at Shimonoseki on the 17th day of the 4th month of the 28th year of Meiji,
•corresponding to the 23rd day of the 3rd month of the 21st year of Kwang-Hsii, to
•conclude a Treaty of Commerce and Navigation, have for that purpose named as
dheir Plenipotentiaries, that is to say:—
106 TEEATY BETWEEN CHINA AND JAPAN
His Majesty the Emperor of Japan, Baron Hayashi Tadasu, Shosbii, 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 Ym-hoon, Minister of the Tsung-li
Yamen, holding the rank of the President of a Board and Senior Vice-President
of the Board of Revenue.
Who, after having communicated to each other their full powers, found to be
in good and due form, have agreed upon and concluded the following Articles:—
Art. I.—There shall be perpetual peace and friendship between His Majesty
the Emperor of Japan and His Majesty the Emperor of China, and between their
respective subjects, who shall enjoy equally in the respective countries of the high
contracting parties full and entire protection for their persons and property.
Art. II.—It is agreed by the high contracting parties that His Majesty the
Emperor of Japan may, if he see fit, accredit a Diplomatic Agent to the Court
of Peking and His Majesty the Emperor of China may, if he 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 of the most favoured nation.
Art. V.—Japanese vessels may touch for the purpose of landing and shipping
passengers and merchandise, in accordance with the existing Rules and Regulations
concerning foreign trade there, at all those places in 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 107
Art. VI.—Japanese subjects may travel, for their pleasure or for purpose of
trade, to all parts of the interior of China, under passports issued by Japanese Consuls
and countersigned by the local authorities. These passports, if demanded, must be
produced for examination in the localities passed through. If the passports be not
irregular, the bearers will be allowed to proceed and no opposition shall be offered
to their hiring of persons, animals, carts or vessels for their own conveyance or for
the carriage of their personal effects or merchandise. If they be without passports or
if they commit any offence against the law, they shall be handed over to the nearest
Consul for punishment, but they shall only be subject to necessary restraint and in no
case to ill-usage. Such passports shall remain in force for a period of 13 Chinese
months from the date of issue. Any Japanese subject 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
into their service Chinese subjects and employ them in any lawful capacity without
restraint or hindrance from the Chinese Government or authorities.
Art. VIII.—Japanese subjects may hire whatever boats they please for the
conveyance of cargo or passengers and the sum to be paid for such boats shall be
settled between the parties themselves, without the interference of the Chinese
Government or officers. No limit shall be put upon the number of boats, neither
shall a monopoly, in respect either of the boats or of the porters or coolies engaged
in carrying goods, be granted to any parties. If any smuggling takes place in
them the offenders will, of course, be punished according to law.
Art. IX.—The Tariffs and Tariff Rules now in force between China and
the Western Powers shall be applicable to all articles upon importation into
China by Japanese subjects or from Japan, or upon exportation from China
by Japanese subjects or to Japan. It is clearly understood that all articles, the
importation or exportation of which is not expressly limited or prohibited by the
Tariffs and Tariff Rules existing between China and the Western Powers, may be
freely imported into and exported from China, subject only to the payment of the
stipulated import or export duties. But in no case shall Japanese subjects be called
upon to pay in China other or higher import or export duties than are or may
be paid by the subjects or citizens of the most favoured nation; nor shall any
article imported into China from Japan or exported from China to Japan, be
charged upon such importation or exportation, other or higher duties than are now
or may hereafter be imposed in China on the like article when imported from or
exported to the nation most favoured in those respects.
Art. X.—All articles duly imported into China by Japanese subjects or from
Japan shall, while being transported, subject to the existing Regulations, from one
open port to another, be wholly exempt from all taxes, imposts, duties, lekin, charges
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
TREATY BETWEEN CHINA AND JAPAN
rate mentioned in the last preceding Article, substituting export duty for import
duty, provided such goods and produce are actually exported to a foreign country
within the period of 12 months from the date of the payment of the transit tax..
All Chinese goods and produce purchased by Japanese subjects at the open ports of
China, and of which export to foreign countries is not prohibited, shall be exempt
from all internal taxes, imposts, duties, lehin, charges and exactions of every
nature and kind whatsoever, saving only export duties upon exportation, and all
articles purchased by Japanese subjects in any part of China, may also, for the
purposes of export abroad, be transported from open port to open port subject to
the existing Rules and Regulations.
Art. XIII.—Merchandise of a bond fide foreign origin, in respect of which full
import duty shall have been paid, may at any time within three years from the date-
of importation, be re-exported from China by Japanese subjects to any foreign
country, without the payment of any export duty, and the re-exporters shall, in.
addition, be entitled forthwith to receive from the Chinese Customs drawback certi-
ficates for the amount of import duty paid thereon, provided that the merchandise-
remains intact and unchanged in its original packages. Such drawback certificates
shall be immediately redeemable in ready money by the Chinese Customs Authorities-
at the option of the holders thereof.
Art. XIV.—The Chinese Government consents to the establishment of Bonded
Warehouses at the several open ports of China. Regulations on the subject shall
be made hereafter.
Art. XV.—Japanese merchant vessels of more than 150 tons burden, entering:
the open ports of China, shall be charged tonnage dues at the rate of 4 mace per
registered ton ; if of 150 tons and under, they shall be charged at the rate of 1 mace-
per registered ton. But any such vessel taking its departure within 48 hours after
arrival, without breaking bulk, shall be exempt from the payment of tonnage dues.
Japanese vessels having paid the above specified tonnage dues shall thereafter
be exempt from all tonnage dues in all the open ports and ports of call of China, for
the period of four months from the date of clearance from the port where the pay-
ment of such tonnage dues is made. Japanese vessels shall not, however, be required
to pay tonnage dues for the period during which they are actually undergoing repairs-
in China.
No tonnage dues shall be payable on small vessels and boats employed by
Japanese subjects in the conveyance of passengers’ baggage, letters, or duty-free
articles between any of the open ports of China. All small vessels and cargo boats,
however, conveying merchandise which is, at the time of such conveying, subject
to duty, shall pay tonnage dues once in four months at the rate of 1 mace per ton.
No fee or charges, other than tonnage dues, shall be levied upon Japanese-
vessels and boats, and it is also understood that such vessels and boats shall not be
required to pay other or higher tonnage dues than the vessels and boats of the most
favoured nation.
Art. XVI.—Any Japanese merchant vessel arriving at an open port of China
shall be at liberty to engage the services of a pilot to take her into port. In like-
manner, after she has discharged all legal dues and duties and is ready to take her
departure, she shall be allowed to employ a pilot to take her out of port.
Art. XVII.—Japanese merchant vessels compelled on account of injury sustained
or any other cause, to seek a place of refuge, shall be permitted to enter any nearest
port of China, without being subject to the payment of tonnage dues or duties upon
goods landed in order that repairs to the vessel may be effected, provided the goods
so landed remain under the supervision of the Customs authorities. Should any
such vessel be stranded or wrecked on the coast of China, the Chinese authorities
shall immediately adopt measures for rescuing the passengers and crew and for
securing the vessel and cargo. The persons thus saved shall receive friendly
treatment, and, if necessary, shall be furnished with means of conveyance to-
the nearest Consular station. Should any Chinese merchant vessel be compelled on
account of injury sustained or any other cause to seek a place of refuge in the nearest.
TREATY BETWEEN CHINA AND JAPAN 109
port of Japan, she shall likewise be treated in the same way by the Japanese
authorities.
Art. XVIII.—The Chinese authorities at the several open ports shall adopt such
means as they judge most proper to prevent the revenue suffering from fraud or
smuggling.
Art. XIX.—If any Japanese vessel be plundered by Chinese robbers or pirates,
it shall be the duty of the Chinese authorities to use every endeavour to capture and
punish the said robbers or pirates and to recover and restore the stolen property.
Art. XX.—Jurisdiction over the persons and property of Japanese subjects in
China is reserved exclusively to the duly authorized Japanese authorities, who shall
hear and determine all cases brought against Japanese subjects or property by Jap-
anese subjects or by the subjects or citizens of any other Power, without the interven-
tion of the Chinese authorities.
Art. XXI.—If the Chinese authorities or a Chinese subject make any charge
or complaint of a civil nature against Japanese subjects or in respect of Japanese
property in China, the case shall be heard and decided by the Japanese authorities.
In like manner all charges and complaints of a civil nature brought by Japanese
authorities or subjects in China against Chinese subjects or in respect of Chinese
property, shall be heard and determined by the Chinese authorities.
Art. XXII.—Japanese subjects, charged with the commission of any crimes or
offences in China, shall be tried and, if found guilty, punished by the Japanese
authorities according to the laws of Japan.
In like manner Chinese subjects charged with the commission of any crimes or
offences against Japanese subjects in China, shall be tried and, if found guilty,
punished by the Chinese authorities according to the laws of China.*
Art. XXIII.—Should any Chinese subject fail to discharge debts incurred to a
Japanese subject or should he fraudulently abscond, the Chinese authorities will do
their utmost, to effect his arrest, and enforce recovery of the debts. The Japanese
Authorities will likewise do their utmost to bring to justice any Japanese subject
who fraudulently absconds or fails to discharge debts incurred by him to a Chinese
subject.
Art. XXIV.—If Japanese subjects in China who have committed offences or have
failed to discharge debts and fraudulently abscond should flee to the interior of
China or take refuge in houses occupied by Chinese subjects or on board of Chinese
ships the Chinese authorities shall, at the request of the Japanese Consul, deliver
them to the Japanese authorities.
In like manner if Chinese subjects in China who have committed offences or
have failed to discharge debts and fraudulently abscond should take refuge in houses
occupied by Japanese subjects in China or on board of Japanese ships in Chinese
waters they shall be delivered up at the request of the Chinese authorities made to
the Japanese authorities.
Art. XXV.—The Japanese Government and its subjects are hereby confirmed in
all privileges, immunities and advantages conferred on them by the Treaty stipulations
between Japan and China which are now in force; and it is hereby expressly stipu-
lated that the Japanese Government and its subjects will be allowed free and equal
participation in all privileges, immunities and advantages that may have been or may
be hereafter granted by His Majesty the Emperor of China to the Government or
subjects of any other nation.
Art. XXVI.—It is agreed that either of the high contracting parties may
demand a revision of the Tariffs and of the Commercial Articles of this Treaty at
the end of ten years from the date of the exchange of the ratifications; but if
no such demand be made on either side and no such revision be effected within six
months after the end of the first ten years then the Treaty and Tariffs, in their present
form, shall remain in force for ten years more, reckoned from the end of the preceding
ten years, and so it shall be at the end of each successive period of ten years.
Art. XXVII.—The high contracting parties will agree upon Rules and
Regulations necessary to give full effect to this Treaty. Until such Rules and
110 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. XXVIII.—The present Treaty is signed in the Japanese, Chinese and
English languages. In order, however, to prevent future discussions, the Pleni-
potentiaries of the high contracting parties have agreed that in case of any
divergencies in the interpretation between the Japanese and Chinese texts of 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 Hsu (July 21st, 1896).
[l.s.] Chang Yin-hoqn.
„ Hayashi Tadasu.
PROTOCOL REGARDING NEW PORTS
Made at Peking, 19th October, 1896
Baron Hayashi Tadasu, Envoy Extraordinary and Minister Plenipotentiary of
His Majesty the Emperor of Japan, and the Minister of Foreign Affairs of His
Majesty the Emperor of China have agreed upon the following stipulations supple-
mentary to the Treaty of Commerce and Navigation :—
Art. I.—It is hereby agreed that special Japanese settlements shall be formed
at the places newly opened to commerce, and that affairs relating to roads and
police shall be under the control of the Japanese Consul.
Art. II.—Regulations with respect to steamers or ships owned or chartered
by Japanese subjects at Suchow, Hangchow, and Shanghai shall be determined
after conference with Japan, on the basis of the Provisional Regulations for the
conduct of business by foreign merchants at those places, issued by the Shanghai
Customs on August third of the twenty-second year of Kuang Hsu.
Art. III.—The Government of Japan concedes the right of the Chinese Govern-
ment to impose upon articles manufactured by Japanese subjects in China such a
tax as may seem expedient, provided that the said tax shall not differ from, or
exceed, the tax paid by Chinese subjects; and provided that the Chinese Govern-
ment shall, when the Japanese Government so desires, immediately provide sites
for the formation of special Japanese Settlements in Shanghai, Tientsin, Amoy,
and Hankow.
Art. IV.—Instructions shall be issued in Sunfu, in Shantung, that no Chinese
troops shall approach, or take possession of, any position, within 5 Japanese ri,
that is to say, about 40 Chinese li, of the limits of any positions held by Japanese
forces in accordance with Treaty stipulations.
SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 111
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 Tadasatt.
„ Prince King.
„ Tin Lit.
„ Chang Yin-whan.
Nineteenth day, tenth month, twenty-ninth year of Meiji; thirteenth day, ninth
month, twenty-second year of Kuang Hsu.
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 Final Protocol signed
at Peking on the seventh day of the ninth month of the thirty-fourth year of Meiji,
corresponding to the twenty-fifth day of the seventh moon of the twenty-seventh year
of Kuang-hsii, have resolved to conclude a Supplementary Treaty of Commerce and
Navigation, designed to facilitate and promote the commercial relations between
Japan and China, and have for that purpose named as their Plenipotentiaries, that
is to say:
His Majesty the Emperor of Japan, Hioki Eki, Jugoi, Fifth Class of the
Imperial Order of the 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, Lii Hai-huan, President of the Board of
Public Works; Sheng Hsuan-huai, Junior Guardian of the Heir Apparent,
formerly Senior Vice-President of the Board of Public Works; and Wu T’ing-fang,
Senior Vice-President of the Board of Commerce.
Who, after having communicated to each other their full powers, found to be in
good and due form, have agreed upon and concluded the following Articles:—
Art. I.—Whereas China, with the object of reforming its fiscal system, proposes
to levy a surtax in excess of the tariff rates on all goods passing through the Custom-
houses, whether maritime, or inland and frontier, in order to compensate, in a mea-
sure, for the loss incurred by the complete abolition of lelcin, 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.
112 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA
Art. II.—The Chinese Government agrees to permit Japanese steamship, owners
to erect, at their own expense, appliances for hauling through the rapids of that part
ofpopulation
the Yangtzekiang betweenof Ichang
of the provinces Szechuen,andHunan
Chungking; but are
and Hupeh as the interests
involved, it is ofthere-
the
fore necessary that the approval of the Imperial Maritime Customs be obtained before
sucli appliances may be so erected. These appliances, which shall be at the disposal
of all vessels, both steamers and junks, shall not obstruct the waterway nor interfere
with the free passage of junks or of persons on the banks on the river. Such ap-
pliances shall be subject to special regulations to be drawn up by the Imperial
Customs.
Art. III.—The Chinese Government agrees that any Japanese steamer capable
of navigating the inland waterways, upon reporting at the Imperial Maritime Cus-
toms, may proceed for the purpose of trade from a Treaty Port to places inland so
reported, on complying with the Original and Supplementary Eegulations for Steam
Navigation Inland.
Art. IY.—In case Chinese subjects conjointly with Japanese subjects organise
a partnership or company for a legitimate purpose, they shall equitably share the
profits and losses with all the members according to the terms of the agreement or
memorandum and articles of association and the regulations framed thereunder, and
they shall be liable to the fulfilment of the obligations imposed by the said agreement
or memorandum and articles of association and the regulations framed thereunder,
as accepted by them and as interpreted by the Japanese Courts. Should they
fail to fulfil the obligations so imposed and legal action be taken against them
in consequence, Chinese Courts shall at once enforce fulfilment of such obligations.
It is understood that in case Japanese subjects conjointly with Chinese subjects
organise a partnership or company, they shall also equitably share the profits and
losses with all the members according to the terms of the agreement or memorandum
and articles of association and the regulations framed thereunder. Should such
Japanese subjects fail to fulfil any of the obligations imposed by the said agreement
or memorandum and articles of association, or by the regulations framed thereunder,
Japanese Courts shall in like manner at once enforce fulfilment of such obligations
by them.
Art. V.—The Chinese Government agrees to make 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.
It is further agreed that the Chinese Government shall establish registration
offices where foreign trade-marks and copyrights held by Japanese subjects in protec-
tion of the Chinese Government shall be registered in accordance with the provisions
of the regulations to-be hereafter framed by the Chinese Government for the purpose
of protecting trade-marks and copyrights. It is understood that Chinese trade-
marks and copyrights properly registered according to the provisions of the laws and
regulations of Japan will receive similar protection against infringement in Japan.
This Article shall not be held to protect against due process of Jaw 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
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 BETWEEN JAPAN AND CHINA 113
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, accordingr
to the amount of such difference.
Art. VIII.—The Regulations for Steam Navigation Inland of the fifth moon of
the twenty-fourth year of KuangHsii 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
China to the Government, officers, subjects, commerce, navigation, shipping, in-
dustries or property of any other nation. The Japanese Government will do its
utmost to secure to Chinese officers and subjects resident in Japan the most
favourable treatment compatible with the laws and regulations of the Empire.
Art. X.—The high contracting parties hereto agree that, in case of and after
the complete withdrawal of the foreign troops stationed in the province of Chihli and
-of the Legation guards, a place of international residence and trade in Peking will be
■forthwith opened by China itself. The detailed regulation relating thereto shall be
- settled in due time after consultation. The Chinese Government agrees to open to
foreign trade, within six months from the exchange of the Ratifications of this
Treaty, Ch‘angsha-fu in the province of Hunan, on the same footing as the ports
already opened to foreign trade. Foreigners residing in this open port are to observe
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. XL—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
114 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
Meiji, corresponding to the eighteenth day of the eighth moon of the twenty-ninths
year of Kuang Hsu.
[L.S.] Hioki Eki.
„ Odagibi Masnoske.
(Signed) Lu Hai-huan.
„ Sheng Hstjan-huai.
„ Wu T‘ing-eang.
Annex 1
INLAND WATERS STEAM NAVIGATION
Additional Rules
1. —Japanese steamship owners are at liberty to lease warehou
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
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 positions that they
the inland waterway or interfere with navigation, and with the sanction of the
nearest Commissioner of Customs; such sanction, however, shall not be arbitrarily
withheld.
3. —Japanese merchants shall pay taxes and contributions on
and jetties on the same footing as Chinese proprietors pf 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
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 waterways of China s
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
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-
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
inland waterways where they are likely to cause injury to such works, which would,
be detrimental to the water service of the local people.
5. —The main object of the Japanese Government in desiring
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 115
• 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
inot entitle the steamer to fly the Japanese flag.
6. —Registered steamers and their tows are forbidden, just as junks h
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 prospect of
-remunerative trade. In cases where it is intended to run steam vessels on water-
ways on which such vessels have not hitherto run, intimation shall be made to the
• Commissioner of Customs at the nearest open port, who shall report the matter to the
Ministers of Commerce. The latter, in conjunction with the Governor-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
s 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. —The above Rules are supplementary to the Regulations pub
•/fifth and seventh moons of the twenty-fourth year of Kuang Hsu, which remain in
•full force and effect in so far as they are not modified by the Rules now agreed upon.
The present Rules and the Regulations of the fifth and seventh moons of the
• twenty-fifth year of Kuang Hsu may hereafter be modified, as circumstances require,
by mutual consent.
Done at Shanghai this eighth day of the tenth moon of the thirty-sixth year of
Meiji, corresponding to the eighteenth day of the eighth moon of the twenty-ninth
year of Kuang Hsii.
[l.s.] Hioki Eki.
„ Odagibi Masnoske.
(Signed) Lu Hai-huan.
„ Sheng Hsuan-huai.
„ Wxj 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 Tear of Meiji.
Gentlemen,—According to Article III. of present Treaty, the Chinese Govern-
ment agree that any Japanese steamer capable of navigating the Inland Waterways,
• upon reporting at the Imperial Maritime Customs, may proceed for purpose of trade
from a treaty port to places inland, so reported, on complying with the Original and
Supplementary Regulations for Steam Navigation Inland.
116 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 he 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.
„ Odaoiri 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 Hsii.
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, Eukuju
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-Generali
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) Ltr Hai-huan.
„ Sheno Hsuan-huai.
„ Wu T'ing-fanq.
SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 11T
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 Hsu, 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) Lit Hai-huan.
„ Sheng Hsttan-httai.
„ 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 Hsu.
Gentlemen,—According to the provision of Article X. of this Treaty, regarding
the establishment in Peking of a place of international residence and trade, it is-
agreed that in case of, and after the complete withdrawal of the foreign troops, now
118 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
rthat your Excellencies will consider and agree to it, and will favour us with a reply.
We have the honour, etc.,
(Signed) Lu Hai-huan.
„ Seeng Hsuan-htjai.
„ Wu T‘ing-fang.
Annex 7
Imperial Japanese Commissioners for Treaty Revision to Imperial Chinese
Commissioners for Treaty Revision
Shanghai, the 8th Day of the 10th Month of the 36th Tear of Meiji.
Gentlemen,—We have the honour to acknowledge the receipt of your
tExcellencies’ despatch of the 18th day of the 8th moon of the 29th year of Kuang
Hsii.
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 Masnosze.
TEEATY BETWEEN CHINA AND JAPAN DELATING
TO MANCHUEIA
Signed at Peking, 22nd December, 1905
I. —The Chinese Government agrees to all the transfers made to Jap
by Articles V. and YI. of the Treaty of Peace between Japan and Russia.
II. —The Japanese Government agrees to observe as much as p
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 sig
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
aigned 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
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:—
Shinglcing Province:—Whangfengcheng, Liaoyang, Sinminting, Tiding, Tung-
kiangtze, and Fakumen.
Kirin Province:—Changchun (Kwangchengtze), Kirin, Harbin, Ninguta, Hong-
chun and Sanchin.
Heilunhiang Province:—Tsitsikar, Hailar, Aihon and Manjuri.
II. —The Chinese Government having expressed its earnest desire
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
<120 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 to their r
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 measures necess
“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 military
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 arrangem
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 exempt ma
railways in South Manchuria from all duties and lehin.
IX. —At Yingkow (Newchwang), which is already opened to
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 lumber com
and Chinese being formed with a view to carrying on a business of cutting lumber in
the forests on the right bank of the Yalu. The Chinese Government further agrees
that the area of land where the business will be carried on, the term of the charter,
the process of the formation of the company, and the articles of the business, will be
determined upon in a special agreement. The interest in the company of the Japanese
and Chinese shareholders will be equally divided.
XI. —In regard to the trade on the frontier of Manchuria a
according to most-favoured-nation principle will be extended to each contracting party.
XII. —The Governments of the two contracting parties agree
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 TEEATY EELATING TO SHANTUNG
Ratified in Tokyo on June 8th, 1915
Treaty Respecting the Province or Shantung
(Signed at Peking, May 25th, 1915)
His Majesty the Emperor of Japan and His Excellency the President of the 4
Republic of China, being desirous to maintain the general peace of the Par East and
to further strengthen the relations of amity and good neighbourhood existing between
the two countries, have resolved to conclude a treaty for that purpose, and to that
end have named their Plenipotentiaries, that is to say:—
His Majesty the Emperor of Japan, M. 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-Cbeng-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 vi8-d.-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. IY.—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.
122 RINO-JAPANESE TREATY RELATING TO SHANTUNG
Exchange of Notes
The following Notes dealing with the Shantung Treaty were exchanged:—
Monsieur le Ministre:— Peking, May 25th, 1915.
In the name of the Chinese Government, I have the honour to make the
•following declaration to your Excellency’s Government:—
The Chinese Government will never lease or alienate, under any designation
"whatever, to any foreign Power any territory within or along the coast of the
Province 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 Ministre:— Peking, May 25th, 1915.
1 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.LJ.M.’s Envoy Extraordinary
Mr. Ln Cheng-hsiang, and Minister Plenipotentiary.
Minister of Foreign Affairs
of the Republic of China.
Monsieur le Ministre:— Peking, May 25th, 1915.
I have the honour to state that the cities and towns to be opened in accordance
with the stipulation of Art. III. of the Treaty respecting Shantung Province, signed
to-day, will be selected and the regulations therefor will be drawn up by the Chinese
•Government, and will be decided upon after consultation with the Japanese Minister
I avail, etc., etc.,
Lu Cheng-hsiang,
His Excellency Minister of Foreign Affairs of
Mr. Eki Hioki, the Republic of China.
H.I.J.M.’s Envoy Extraordinary
and Minister Plenipotentiary.
8IN0-.TAPANESE TREATY RESPECTING SOUTH MANCHURIA, ETC. 123’
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 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.
In reply I beg to state that I have taken note of the same.
I avail, etc., etc.,
Eki Hioki,
His Excellency H.I.J.M.’s Envoy Extraordinary
Mr. Lu Cheng-hsiang, and Minister Plenipotentiary.
Minister of Foreign Affairs
of the Republic of China.
SINO-JAPANESE TREATY RESPECTING SOUTH MAN-
CHURIA AND EASTERN INNER MONGOLIA
[Signed at Peking, May 25th, 1915]
His Majesty the Emperor of Japan and His Excellency the President of the
Republic of China, being desirous to develop the economic relations of the two coun-
tries in the regions of South Manchuria and Eastern Inner Mongolia, have resolved
to conclude a treaty for that purpose and to that end have named their Plenipoten-
tiaries, that is to say :—
His Majesty the Emperor of Japan, Mr. Eki Hioki, Jushii, Second Class of the
Imperial Order of the Sacred Treasure, His Majesty’s Envoy Extraordinary and
Minister Plenipotentiary to the Republic of China; and
His Excellency the President of the Republic of China, Mr. Lu Cheng-hsiang,
Tsung-Ching, First Class of the Order of Chia-Ho, Minister of Foreign Affairs of
the Republic of China ;
Who, after having communicated to each other their respective full powers, which,
were found to be in good and due form, have agreed upon the following articles :—
Art. I.—The High Contracting Parties mutually agree to extend the term of the
lease of Port Arthur and Dairen, and the term relating to the South Manchurian
Railway and the Antung-Mukden Railway, to a period of ninty-nine years respectively-
Art. II.—The subjects of Japan shall be permitted in South Manchuria to 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—commercial, 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.
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. YI.—The Government of China engage to open of their own accord, as early
as possible, suitable cities and towns in Eastern Inner Mongolia for the residence
.and trade of foreigners.
Art. YII.—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. YIII.—Except as otherwise provided in this Treaty, all existing treaties
between Japan and China with respect to Manchuria shall remain in force.
Art. IX.—The present Treaty shall take effect on the day of its signature.
The present Treaty shall be ratified by His Majesty the Emperor of Japan and
by His Excellency the President of the Republic of China, and the ratifications thereof
shall be exchanged at Tokyo as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed this Treaty made
in duplicate, in Japanese and in Chinese, and have hereunto affixed their seals.
Done at Peking the 25th day of the 5th month of the 4th year of Taisho,
^corresponding to the 25th day of the 5th month of the 4th year of the inaugura-
tion of the Republic of China.
Eki Hioki,
Etc., etc., etc.
Lu Chf.ng-hsiang,
Etc., etc., etc.
TREATY EOR THE SETTLEMENT OE OUTSTANDING
QUESTIONS RELATIVE TO SHANTUNG
Ratifications Exchanged at Peking on June 2nd, 1922
Japan and China, being equally animated by a sincere desire to settle amicably
and in accordance with tbeir common interest outstanding questions relative to
Shantung, have resolved to conclude a treaty for the settlement of such questions,
•and have to that end named as their Plenipotentiaries, that is to say :
His Majesty the Emperor of Japan: Baron Tomosaburo Kato, Minister of the
Navy ; Baron Kijuro Shidehara, Ambassador Extraordinary and Plenipotentiary;
•and Masanao Hanihara, Vice-Minister for Foreign Affairs; and
His Excellency the President of the Chinese Republic: Sao-ke Alfred Sze,
Envoy Extraordinary and Minister Plenipotentiary; Vikyuin Wellington Koo,
Envoy Extraordinary and Minister Plenipotentiary; and Chung-hui Wang, Former
Minister of Justice;
Who, having communicated to each other their respective full powers, found to
ibe in good and due form, have agreed upon the following Articles:—
Section' I.—Restoration of the Former German Leased Territory of Kiaochow
Art. I.—Japan shall restore to China the former German Leased Territory of
'Kiaochow.
Art. II.—The Government of Japan and the Government of the Chinese Republic
•shall each appoint three Commissioners to form a Joint Commission with powers to
make and carry out detailed arrangements relating to the transfer of the
■administration of the former German Leased Territory of Kiaochow and to the
transfer of public properties in the said Territory and to settle other matters likewise
■requiring adjustment.
For such purposes, the Joint Commission shall meet immediately upon the
-coming into force of the present Treaty.
Art. III.—The transfer of the administration of the former German Leased
Territory of Kiaochow and the transfer of public properties in the said Territory, as
well as the adjustment of other matters under the preceding Article, shall be
•completed as soon as possible and, in any case, not later than six months from the
•date of the coming into force of the present Treaty.
Art. IV.—The Government of Japan undertakes to hand over to the Govern-
ment of the Chinese Republic, upon the transfer to China of the administration of
the former German Leased Territory of Kiaochow, such archives, registers, plans,
"title-deeds and other documents in the possession of Japan, or certified copies there-
>of, as may be necessary for the transfer of the administration, as well as those that
■may be useful for the subsequent administration by China of the said Territory and
of the Fifty Kilometre Zone around Kiaochow Bay.
126 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. VI.—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! 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 efieoted 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 Japans
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 SHANTUNGf 127
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
4he 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 yeats,
but redeemable, whether in whole or in part, at the option of China at the end of five
jyears 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 Ihe pre-
• ceding Article, the Government of the Chinese Republic will select and appoint, for
rso 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
sfunctions.
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 oi the
(present Treaty.
Section VI.—Extensions of the Tsingtao-Tsinanfu Railway
Art. XXI.—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 German}', 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.
TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG
The mode and terms of such arrangements shall be determined by the Joint
Commission 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
Chefoo and between Tsingtao and Shanghai are vested in China, with the exception-
of those portions of the said two cables which have been utilized by the Government
of Japan for the laying of a cable between Tsingtao and Sasebo; it being under-
stood that the question relating to the landing and operation at Tsingtao of the said!
Tsinetao-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 129
It shall come into force* from the date of the exchange of ratifications.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty in duplicate in the English language, and have affixed hereto their seals.
Done at the Citv of Washington this fourth day of February, One Thousand
Nine Hundred and Twenty-Two.
[L.S.] T. Kato. [l.s.] Sao-ke Alfred Sze.
[l.s.] K. Shidehara. [l.s;] Y. K. Wellington K6o.
[l.s.] M. Hanihara. [l.s.] Chdng-hui Wang.
ANNEX
I.—Renunciation of Preferential Rights
The Government of Japan declares that it renounces all preferential right with
respect to foreign assistance in persons, capital and material stipulated in the
Treaty of March 6th, 1898, between China and Germany.
II. —T
It is understood that public properties to be transferred to the Government of
the Chinese Republic under Article Y. 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 (he 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 the Government of Japan and the
Government of the Chinese Republic for discussion and adjustment by means of
diplomacy.
5
130 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 Railway
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.
YT.—Opening of the Former German Leased Territory of Kiaochow
The Government of the Chinese Republic declares that, pending the enactment
a,nd 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. Y. K. Wellington Koo.
M. Hanihara. Chung-hui Wang.
AGREED TERMS OF UNDERSTANDING RECORDED IN THE MINUTES
OP THE JAPANESE AND CHINESE DELEGATIONS CONCERNING
THE CONCLUSION OF THE TREATY FOR THE SETTLEMENT
OF OUTSTANDING QUESTIONS RELATIYE TO SHANTUNG
Transfer of Public Properties
I. —Japanese subjects will be permitted, subject to the prov
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 provid
XI. of the Treaty, no Japanese military force of any kind will remain in any part
of Shantung.
Tsingtao-Tsinanfu Railway
III. —All light railways constructed by Japan in Sh
appurtenant thereto shall be considered as part of the properties of Tsingtao-
Tsinanfu Railway.
IY.—The telegraph lines along the Railway shall also be considered as part of
the Railway properties.
Y.—The Chinese authorities, upon taking over the Railway, shall have full
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 XYI. of the Treaty.
TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG 131
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 a
subjects as members of the subordinate staff above mentioned.
VIII. —The redemption of the Treasury Notes under Art
Treaty will not be effected with funds raised from any source other than Chinese.
IX. —The Chinese Government will ask the Japanese Gover
information as may be useful in making the selection of the Japanese Traffic
Accountant of the Railway.
X. —All questions relating to the existing contracts or commitm
the Japanese authorities in charge of the Railway shall be settled by the Joint Rail-
way Commission ; and, prior to the transfer of the Railway, the said Japanese
authorities will not make any new contracts or commitments calculated to be harmful
to the interests of the Railway.
Opening of the Former German Leased Territory of Kiaochow
XL—The term “ lawful pursuits” used in article XXIII. of the Treaty shall not
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.
Fast Offices
XII. —All the Japanese Post Offices outside of the forme
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
administration of the said Territory.
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 a
list of such claims, together with all available evidence in support of each claim.
Justice shall be done through diplomatic channel as regards the claims against the
Japanese authorities, and through ordinary judicial procedure as regards the claims
against Japanese subjects. With respect to the latter class of claims, the investiga-
tion into actual facts of each case may, if necessary, be conducted by a Joint Com-
mission of Japanese and Chinese officials, in equal number, to be specially designated
for that purpose.
XVI. —The Japanese Government shall not be held responsi
which may have been directly caused by the military operations of Japan during
the late war.
Washington, D.C., Feburuary 4th, 1922.
5*
tfINAL PROTOCOL MADE BETWEEN CHINA
AND ELEVEN POWERS, 1901
[Translation]
The Plenipotentiaries of Germany, Mpnsieur A. Mumm von Schwartzenstein;
Austria-Hungary, Baron M. Czikann; Belgium, Monsieur Joostens; Spain, Monsieur
B. J. de Cologan; United States, Mr. W. W. Rockhill; France, Monsieur Beau;
Great Britain, Sir Ernest Satow; Italy, Marquis Salvago 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 Excellfncy
Li Huhg-chang, Count of the first rank ; Su-Yi, Tutor of the Heir Apparent, Grand
Secretary of the W6n-Hua Throne Hall, Minister of Commerce, Superintendent of
Trade for the North, Governor-General of Chihli, have met for the purpose of
declaring that China has complied with the conditions laid down in the Note of the
22nd of December, 1900, and which were accepted in their entirety by His Majesty
the Emperor of China in a Decree dated the 27th of December, 1900 (Annex No 1).
Art. I.—By an Imperial Edict of the 9th of June last (Annex No. 2) Tsai-
F6ng, Prince of the first rank, Chun, was appointed Ambassador of His Majesty
the Emperor of China and directed in that capacity to convey to His Majesty the
Emperor of Germany the expression of the regrets of His Majesty the Emperor of
China and of the Chinese Government at the assassination of His Excellency the
late Baron von Ketteler, German Minister. Prince Qhun 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 o^
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 bb erected on the said spot, and that work on it was begun
on the 25th of June last.
Art. Ila.—Imperial Edicts of the 13th and 21st of February, 1901 (Annexes
Nos. 4, 5 and 6), inflicted the following punishments on the principal authors of
the attempts and crimes committed against the Foreign Governments and their
nationals:—
Tsai-I, Prince Tuan, and Tsai-Lan, Duke Fu-kuo, were sentenced to be brought
before the Autumnal Court of Assize for execution and it was agreed that, if the
Emperor saw fit to grant them their lives, they should be exiled to Turkestan and
there imprisoned for life, without the possibility of commutation of these punishments.
Tsai Hsiin, Prince Chuang, Ying-Nien, President of the Court of Censors;
and Chao Shu-chiao, President of the Board of Punishments, were condemned to
commit suicide.
Yii Hsien, Governor of Shansi; Ch’i Hsiu, President of the Board of Rites; and
Hsii Ch’6ng-yfi, formerly senior Vice-President of the Board of Punishments, were
condemned to death.
Posthumous degradation was inflicted on K’ang Yi, Assistant Grand Secretary,
President of the Board of Works; Hsu T’ung, Grand Secretary; and Li Ping-h£ngf
former Governor-General of Szu-ch’uan.
FINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901 133
Imperial Edict of February 13th, 1901 (Annex No. 7), rehabilitated the
rmemories of Hsu Tung-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, Yu-Hsien was executed on the 22nd, Ch’i-Hsiu and Hsu
Oh’6ng-yu 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
of the final punishment to be inflicted on him.
Imperial Edicts dated the 29th April and the 19th August, 1901, have inflicted
various punishments on the provincial officials convicted of the crimes and outrages
of last summer.
A rt. II&.—An Imperial Edict promulgated the 19th August, 1901 (Annex No. 8),
ordered the suspension of official examinations for five years in all cities where
•foreigners were massacred or submitted to cruel treatment.
Art. III.—So as to make honourable reparation for the assassination of
Mr. Sugiyama, Chancellor of the Japanese Legation, H.M. the Emperor of China by
-an Imperial Edict of the 18th of June, 1901 (Annex No. 9), appointed Na T’ung,
Vice-President of the Board of Finances, to be his Envoy Extraordinary, and specially
directed him to convey to H.M. the Emperor of Japan the expression of the regret
of H.M. the Emperor of China and of his Government at the assassination of
Mr. Sugiyama.
Art. IV.—The Chinese Government has agreed to erect an expiatory monument
An each of the foreign or international cemeteries which were desecrated or in which
the tombs were destroyed.
It has been agreed with the Bepresentatives 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 in the Provinces.
The amounts have been paid and the list of these cemeteries is enclosed herewith
'(Annex No. 10).
Art. V.—China has agreed to prohibit the importation into its territory of arms
•and ammunition as well as of materials exclusively used for the manufacture of arms
• and ammunition.
An Imperial Edict has been issued on the 25th of August, 1901 (Annex No. 11)
’forbidding said importation for a term of two years. New Edicts may be issued
-subsequently extending this by other successive terms of two years in case of
mecessity 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. 8s. Od.
Yen 1.407
Netherlands florin 1.796
Gold rouble 1.412
134 FINAL PEOTOCOL BETWEEN CHINA AND ELEVEN POWEES, 1901
This sum in gold shall bear interest at 4 per cent, per annum, and the-
capital shall be reimbursed by China in thirty-nine years in the
manner indicated in the annexed plan of amortization*(Annex No.
13). Capital and interest shall be payable in gold or at the rates of"
exchange corresponding to the dates at which the different payments
shall fall due.
The amortization shall commence the 1st of January, 1902, and shall finish
at the end of the year 1940. The amortizations are payable annually,,
the first payment being fixed on the first of January, 1903.
Interest shall run from the first of July, 1901, but the Chinese Government
shall have the right to pay off within a term of three years, beginning
January, 1902, the arrears of the first six months ending the 31st of
December, 1901, on condition, however, that it pays compound interest
at the rate of four per cent, per annum on the sums, the payments of
which shall have been thus deferred.
Interest shall be payable semi-annually, the first payment being fixed on
the 1st of July, 1902,
(b) The service of the debt shall take place in Shanghai in the following
manner:—
Each Power shall be represented by a delegate on a commission of bankers
authorised to receive the amount of interest and amortization which
shall be paid to it by the Chinese* Authorities designated for that
purpose, to divide it among the interested parties and to give a receipt
for the same.
(c) The Chinese Government shall deliver to the Doyen of the Diplomatic
Corps at Peking a bond for the lump sum, which shall subsequently be
converted into fractional bonds bearing the signature of the delegates-
of the Chinese Government designated for that purpose. This
operation and all those relating to issuing of the bonds shall be
performed by the above-mentioned Commission, in accordance with
the instructions which the Powers shall send their delegates.
(d) The proceeds of the revenues assigned to the payment of the bonds
shall be paid monthly to the Commission.
(e) The revenues assigned as security for the bonds are the following:—
(1.) The balance of the revenues of the Imperial Maritime Customs after
payment of the interest and amortization of preceding loans secured on those-
revenues, plus the proceeds of the raising to five per cent, effective of the
present tariff on maritime imports, including articles until now on the free
list, but exempting rice, foreign cereals and flour, gold and silver bullion
and coin.
(2.) The revenues of the native Customs, administered in the open ports by
the Imperial Maritime Customs.
(3.) The total revenues of the Salt Gabelle, exclusive of the fraction previously
set aside for other foreign loans.
The raising of the present tariff on imports to five per cent, effective ia
agreed to on conditions mentioned below. It shall be put in force two-
months after the signing of the present Protocol, and no exceptions shall be
made except for merchandise in transit not more than ten days alter the
said signing.
(1.) All duties levied on imports ad valorem shall be converted as far as
possible and as soon as may be into specific duties.
This conversion shall be made in the following manner:—The average
value of merchandise at the time of their landing during the three years
1897, 1898 and 1899, that is to say, the market price less the amount of
import duties and incidental expenses, shall be taken as the basis for the
valuation of merchandise.
FINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901 135
Pending the result of the work of conversion, duties shall be levied
ad valorem.
(2.) The beds of the rivers Whangpoo and Peiho shall be improved with the
financial participation of China.
Art. VII.—The Chinese Government has agreed that the quarter occupied by
i&he Legations shall be considered as one specially reserved for their use and placed
tinder their exclusive control, in which Chinese shall not have the right to reside and
'which may be made defensible.
The limits of this quarter have been fixed as follows on the annexed plan (Annex
No. 14.)—
On the East, Ketteler Street (10, 11, 12).
On the North, the line 5, 6, 7, 8, 9, 10.
On the West, the line 1, 2, 3, 4, 5.
On the South, the line 12-1 drawn along the exterior base of the
Tartar Avail and following the line of the bastions.
In the Protocol annexed to the letter of the 16th of January, 1901, China
•recognised the right of each Power to maintain a permanent guard in the said quarter
for the defence of its Legation.
Art. VIII.—The Chinese Government has consented to raze the forts of Taku
>and those which might impede free communication between Peking and the sea. Steps
‘have been taken for carrying this out.
Art. IX.—The Chinese Government conceded the right to the Powers in the
Protocol annexed to the letter of the 16th of January, 1901, to occupy certain points,
to be determined by an agreement between them for the maintenance of open com-
•raunication betAveen the capital and the sea. The points occupied by the Powers
«re:—Huang-ts’un, Lang-fang, Yang-ts’un, Tientsin, Chun-liang-Ch’6ng, Tong-ku,
Lu-t’ai, Tong-shau, 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:—
(a) Edict of the 1st of February, 1901 (Annex No. 15), prohibiting for
ever, under pain of death, membership in an anti-foreign society.
(V) 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 Avhich shall not be immedi-
ately repressed and the authors of Avhich shall not have been punished,
these officials shall be immediately dismissed Avithout 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 Avith 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 Avill be in a position to be represented on this
136 FINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901
Commission, and will pay each year a sum of 60,000 Haikwan Taels ‘
for maintaining the works.
(b) A Conservancy Board, charged with the management and control
of the works for straightening the Whangpoo and the improvement
of the course of that river, is hereby created.
This Board shall consist of members representing the interests of the Chinese
Government and those of foreigners in the shipping trade of Shanghai.
The expenses incurred for the works and the general management of the under-
taking are estimated at the annual sum of 460,000 Haikwan Taels for the first twenty
years. This sum shall be supplied in equal portions by the Chinese Government and
the foreign interests concerned. Detailed stipulations concerning the composition,
duties and revenues of the Conservancy Board are embodied in Annex No. 17.
Art. XII.—An Imperial Edict of the 24th of July, 1901 (Annex No. 18),
reformed the Office of Foreign Affairs, Tsungli Yamen, on the lines indicated by the-
Powers, that is to say, transformed it into a Ministry of Foreign Affairs, Waiwupu,
which takes precedence over the six other Ministries of State: the same Edict
appointed the principal members of this Ministry.
An agreement has also been reached concerning the modification of Court
Ceremonial as regards the reception of the Foreign Representatives, and has been the
subject of several Notes from the Chinese Plenipotentiaries, the substance of which
has been embodied in a memorandum herewith annexed (Annex No. 19).
Finally it is expressly understood that as regards the declarations specified above-
and the annexed documents originating with the foreign Plenipotentiaries, the-
French text only is authoritative.
The Chinese Government having thus complied to the satisfaction of the Powers
with the conditions laid down in the above-mentioned Note of December 22nd, 1900,.
the Powers have agreed to accede to the wish of China to terminate the situation
created by the disorders of the summer of 1900. In consequence thereof the foreign
Plenipotentiaries are authorised to declare in the names of their Governments that,
with the exception of the Legation guards mentioned in Article VII., the Interna-
tional troops will completely evacuate the city of Peking on the 17th of September,.
1901, and, with the exception of the localities mentioned in Article IX., will withdraw
from the Province of Chihli on the 22nd of September, 1901.
The present Final Protocol has been drawn up in twelve identical copies and signed*
by all the Plenipotentiaries of the contracting countries. One copy shall be given
to each of the Foreign Plenipotentiaries, and one copy shall be given to the Chinese
Plenipotentiaries.
(Signed) A. vox 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.
Mnifdje
3lluftrierte3dtuwj
QkluelL, reichhattig vnd inhressard
bieteLsie deni £e$^r arwegende
VrtkrfmUmd vnd ihm,
keimMche odderinprwdidern
XvpjfeHiepdruck.
'daltjakrliche Sezvgspreise
wisoNjefilkk Pqt4o:
Wirdsche^edvng. £ 1.4. -
Wochen-CLvsgabe £-. 7.6
£-'6.-
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,
have 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, EL von Borch, Consul-General.
Who, after having communicated to each other their full powers, which are
found to be in good and due form, have agreed upon the following dispositions:
Art. I.—The two High Contracting Parties have the right mutually to send
duly accredited diplomatic representatives who shall reciprocally enjoy in the country
of their residence the privileges and immunities that are accorded to them by the
law of nations.
Art. II.—The two High Contracting Parties accord to each other reciprocally
the right to appoint, in all the places where there is established a consulate or a vice-
consulate of a third nation, consuls, vice-consuls, and consular agents who shall be
treated with the consideration and regard that are accorded to the agents of the same
grade of other nations.
Art. III.—The nationals of one of the two Republics residing in the territory
* of the other shall have the right, in conformity with the laws and regulations of the
country, to travel, to reside, and to engage in commerce or industry, in all the
places where the nationals of another nation are allowed to do so.
They shall be placed, their persons as well as their properties, under the juris-
diction of the local courts: they shall conform themselves to the laws of the country
where they reside. They shall not pay any imposts, taxes, or contributions higher
than those paid by the nationals of the country.
Art. IV.—The two High Contracting Parties recognize that all the matters
- concerning tariff are regulated solely by the internal legislation of each of them.
Any duties higher than those paid by the nationals of the country shall not, however,
be levied on the products, raw or manufactured, having origin in one of the two
Republics or in a third country at their importations, exportations, or transit.
Art. V.—The Declaration of the Republic of Germany on this day and the
- stipulations of the present Agreement shall be taken as the basis for the negotiation
■ of a definitive treaty.
Art. VI.—The present Agreement is drawn up in Chinese, German, and
French: in case of difference in interpretation the French text shall prevail.
Art. VII.—The present Agreement shall be ratified as soon as possible and
-come into force on the day when the two Governments shall have made known to
each other that the ratifications have been effectuated.
Done at Peking, in double copies, the 20th day, 5th Moon, 10th Year of the
Republic, corresponding to May 20th, 1921.
Notices of ratification were exchanged at 10 o’clock, July 1st, at the Wai-
• chiaopu Building.
(Signed) Dr. W. W. Yen,
Minister of Foreign Affairs, China.
(Signed) H. von Borch,
Representative of the German Government.
TREATY OF PEACE BETWEEN CHINA AND GERMANY
Declaration
The undersigned, being the duly authorized representative of the Government,
of the Republic of Germany, has the honour to make known in the name of his
Government to the Minister of Foreign Affairs of the Republic- of China the-
following :
The Government of the Republic of Germany, animated by the desire to
reestablish the relations of friendship and commerce between China and Germany^
Considering that such relations should be based upon the principles of perfect
equality and absolute reciprocity in conformity with the generally recognized rules o£
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
Your Excellency, May 20th, 1921.
I have the honour to acknowledge the receipt of Your Excellency’s letter of
even date in which it is stated:—
As an explanation to the German Declaration and the Sino-German Agree-
ment I have the honour, at the instruction of my Government, to make the follow-
ing declarations:
(1.) Customs tariff on Chinese goods imported into Germany. The statement
that the import, export and transit duties to be paid by nationals of either of the-
Two High Contracting Parties shall not be higher than those paid by nationals of
the country, as provided for in Article 4 of the Agreement, does not preclude China
from the privilege of applying Article 264 of the Versailles Treaty.
Payment of Indemnity
(2.) The payment of indemnity. The statement in the German Declaration.,
that Germany is prepared to reimburse the Chinese Government the expenses on
the internment of German militaries in various camps of internment in China 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 139
to pay in advance a portion thereof in a lump sum, which represents the equvialent
one-half of the proceeds from the liquidated German property and one-half of the
values of the sequestrated but not yet liquidated German property, which amount
will eventually be agreed upon and which will consist of $4,000,000 in cash and the
balance in Tsin-Pu and Hu-Kuang railway bonds.
(3.) Chinese property in Germany. The movable and immovable properties of
•^Chinese residents of Germany will be returned at the ratification of the agree-
ment.
(4.) Chinese students in Germany will be returned at the ratification of the
agreement.
(5.) Chinese students in Germany. In regard to the Chinese students in Ger-
many the German Government will be pleased to assist them with its best efforts
in securing admission to schools or acquiring practical experience.
Queries Answered
As to the queries addressed by Tour Excellency, I have the honour to reply as
follows:
(1.) The security to be given in future to the property of Chinese or German
residents. The Chinese Government promises to give full protection to the peaceful
undertkings of Germans in China and agrees not to further sequestrate their pro-
perties except in accordance with the generally recognized principles of international
(law and the provisions of the laws of China, provided that the German Government
will treat the Chinese residents in Germany in like manner.
(2.) Judicial guarantee. Lawsuits of Germans in China shall be tried in the
modern courts according to the modern codes, with the right of appeal, and in
accordance with the regular legal procedure. During the period of litigation the
assistance of German lawyers and interpreters, who have been duly recognized by
the court, is permitted.
(3.) In regard to the lawsuits in the Mixed Court in which Germans are in-
volved either as one or both parties, the Chinese Government will in the future try
to find a solution so as to insure justice and fairness to all parties concerned.
(4.) China’s Trading with the Enemy Act. All the laws and regulations con-
- cerning trade with the enemy will lose their effect from the day of the ratification
■ of the treaty. All German trade-marks which had been registered at the Customs
House will recover their validity if they are registered again, after the ratification of
the Agreement, at the Customs House by their owners. Prior to the general ap-
plication of the national tariff in China, the imports of Germans may pay the
•Customs duties according to the tariff rate in general use.
(5.) The liquidation of Sino-German indebtedness. The Chinese Govern-
= ment has no intention to join the Clearing House system, as provided for in Article
296 of the Versailles Treaty. Furthermore, the Chinese Government, in considera-
tion of the fact that Germany undertakes, as stated above, to pay a lump sum as a
portion of the indemnity for war losses sustained by the Chinese Government,
agrees to effectually cease, at the signature of the Agreement, all liquidation of Ger-
man properties, and on receipt of the aforesaid indemnity and after the ratification
• of the Agreement agrees to return to German owners all the proceeds from the
liquidation of German property and all the German property still under sequestra-
tion. The aforesaid procedure shall be considered as a settlement of all the matters
■concerning the liquidation, sequestration or control of German property as stated
in the second sentence of Article 133 of the Versailles Treaty.
As to the Deutsch-Asiatische Bank and the Ching-Hsin Mining Corporation,
the Chinese authorities concerned will discuss methods of settlement with the Bank
and the Corporation themselves; the unliquidated premises of the said bank in
Peking and Hankow will, however, be returned to the original owner in accordance
•with the procedure stated above.
(Signed) W. W. Yen,
RUSSIA
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 Mikhailovitch
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 e re-
established.
The Government of the Republic of China agrees to take the necessary steps
to transfer to the Government of the Union of Soviet Socialist Republics the
Legation and Consular buildings formerly belonging to the Tsarist Government.
Art. II.—The Government of the two Contracting Parties agree to hold, within
one month after the signing of the present Agreement, a Conference which shall
conclude and carry out detailed arrangements relative to the questions in accord-
ance with the principles as provided in the following Articles.
Such detailed arrangements shall be completed as soon as possible and, in any
case, not later than six months from the date of the opening of the Conference as
provided in the preceding paragraph.
Art. III.—The Governments of the two Contracting Parties agree to annul
at the Conference as provided in the preceding Article, all Conventions, Treaties,
Agreements, Protocols, Contracts, etcetera, concluded between the Government of
China and the Tsarist Government and to replace them with new treaties, agree-
ments, etcetera, on the basis of equality, reciprocity and justice, as well as the spirit
of the Declarations of the Soviet Government of the years of 1919 and 1920.
Art. IV.—The Government of the Union of Soviet Socialist Republics, in
accordance with its policy and Declarations of 1919 and 1920, declares that all
Treaties, Agreements, etcetera, concluded between the former Tsarist Government
and any third party or parties affecting the sovereign rights or interests of China
are null and void.
The Chinese Government on its part declares that all Treaties, Agreements^
etcetera, concluded between China and any third party or parties affecting the
sovereign rights or interests of the Union of Soviet Socialist Republics are null an void.
RTJSSO-CHINESE AGREEMENT 141
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. VI.—The Governments of the two Contracting Parties mutually pledge
themselves not to permit, within their respective territories the existence and/or
activities of any organisations or groups whose aim is to struggle by acts of violence
against the Governments of either Contracting Party.
The Governments of the two Contracting Parties further pledge themselves not
to engage in propaganda directed against the political and social systems of either
Contracting Party.
Art. VII.—The Governments of the two Contracting Parties agree to redemar-
cate their national boundaries at the Conference as provided in Article II. of the
present Agreement, and pending such redemarcation, to maintain the present
boundaries.
Art. VIII. —The Governments of the two Contracting Parties agree to regulate
at the afore-mentioned Conference the questions relating to the navigation of rivers,
lakes, and other bodies of water which are common to their respective frontiers on
the basis of equality and reciprocity.
Art. IX.—The Governments of the two Contracting Parties agree to settle at.
the afore-mentioned Conference the question of the Chinese Eastern Railway in con-
formity with the principles as hereinafter provided :—
(1) The Governments of the two Contracting Parties declare that the
Chinese Eastern Railway is a purely commercial enterprise.
The Governments of the two Contracting Parties mutually declare that
with the exception of matters pertaining to the business operations which are
under the direct control of the Chinese Eastern Railway, all other matters
affecting the rights of the National and the Local Governments of the Republic
of China—such as judicial matters, matters relating to civil administration,
military administration, police, municipal government, taxation, and landed
property (with the exception of lands required by the said railway)—shall be
administered by the Chinese Authorities.
(2) The Government of the Union of Soviet Socialist Republics agrees to
the redemption by the Government of the Republic of China, with Chinese
capita], of the Chinese Eastern Railway, as well as all appurtenant properties,
and to the transfer to China of all shares and bonds of the said Railway.
(3) The Governments of the two Contracting Parties shall settle at the
Conference as provided in Article II. of the present Agreement the amount
and conditions governing the redemption as well as the procedure for the
transfer of the Chinese Eastern Railway.
(4) The Government of the Union of Soviet Socialist Republics agrees to be
responsible for the entire claims of the shareholders, bondholders and creditors
of the Chinese Eastern Railway incurred prior to the Revolution of March 9th,
1917.
142 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 a^d reciprocity.
Art. XIV.—The Governments of the two Contracting Parties agree to discuss
at the afore-mentioned Conference the questions relating to the claims for the com-
pensation of losses.
Art. XV.—The present Agreement shall come into effect from the date of
signature.
In witness whereof, the respective Plenipotentiaries have signed the present
Agreement in duplicate in the English language and have affixed thereto their seals.
Done at the City of Peking this fourteenth day of March, One Thousand Nine
Hundred and Twenty-four.
(Signed) Lov Mikhailovitch Karakhan.
Chingting Thomas Wang.
fLUSSO-JAPANESE CONVENTION
Signed at Peking, January 20th, 1925
The following is the official English text in the Russo-Japanese Convention:—
Convention embodying basic rules of the relations between Japan and the
Union of Soviet Socialist Republics.
Japan and the Union of Soviet Socialist Republics, desiring to promote relations
■of good neighbourhood and economic co-operation between them, have resolved to
conclude a convention embodying basic rules in regulation of such relations and, to
that end, have appointed as their Plenipotentiaries, that is to say :—
His Majesty the Emperor of Japan:
Kenkichi Toshizawa, Envoy Extraordinary and Minister Plenipotentiary to
the Republic of China, Jushii, a member of the First Class of the
Imperial Order of the Sacred Treasure;
The Central Executive Committee of the Union of Soviet Socialist Republics:
Lev Mikhailovitch Karakhan, Ambassador to the Republic of China;
Who, having communicated to each other their respective full powers, found
to be in good and due form, have agreed as follows:—
Article I
The High Contracting Parties agree that with the coming into force of the
present Convention, diplomatic and consular relations shall be established between
them.
Article II
The Union of Soviet Socialist Republics agrees that the Treaty of Portsmouth
of September 5th, 1905, shall remain in full force.
It is agreed that the Treaties, Conventions and Agreements, other than the
said Treaty of Portsmouth which were concluded between Japan and Russia prior
to November 7th, 1917, shall be re-examined at a Conference to be subsequently
held between the Governments of the High Contracting Parties and are liable to
revision or annulment as altered circumstances may require.
Article III
The Governments of the High Contracting Parties agree that upon the coming
into force of the present Convention, they shall proceed to the revision of the
Fishery Convention of 1907, taking into consideration such changes as may have
taken place in the general conditions since the conclusion of the said Fishery
Convention.
Pending the conclusion of a convention so revised, the Government of the
Union of Soviet Socialist Republics shall maintain the practices established in 1924
relating to the lease of fishery lots to Japanese subjects.
Article IV
The Governments of the High Contracting Parties agree that upon the coming
into force of the present Convention they shall proceed to the conclusion of a treaty
of commerce and navigation in conformity with the principles hereunder mentioned,
and that pending the conclusion of such a treaty, the general intercourse between
the two countries shall be regulated by those principles.
224 RUSSO-JAPANESE CONVENTION
(L) The subjects or citizens of each of the High Contracting Parties shall in
accordance with thei laws of the country (a) have full liberty to enter, travel and
reside in the territories of the other, and (b) enjoy constant and complete protection
for the safety of their lives and property.
(2) Each of the High Contracting Parties shall in accordance with the laws of
the country accord in its territories to the subjects or citizens of the other, to the
widest possible extent and on condition of reciprocity, the right of private ownership
and the liberty to engage in commerce, navigation, industries, and other peaceful
pursuits.
(3) Without prejudice to the right of each Contracting Party to regulate by
its own laws the system of international trade in that country, it is understood that
neither Contracting Party shall apply in discrimination against the other Party any
measures of prohibition, restriction or impost which may serve to hamper the
growth of the intercourse, economic or otherwise, between the two countries, it being
the intention of both Parties to place the commerce, navigation and industry of each
country, as far as possible, on the footing of the most favoured nation. The
Governments of the High Contracting Parties further agree that they shall enter
into negotiations, from time to time as circumstances may require, for the conclu-
sion of special arrangements relative to commerce and navigation to adjust and to-
promote economic relations between the two countries.
Article V
The High Contracting Parties solemnly affirm their desire and intention to live
in peace and amity with each other, scrupulously to respect the undoubted right of
a State to order its own life within its own jursidiction in its own way, to refrain
and restrain all persons in any governmental service for them, and all organisations-
in receipt of any financial assistance from them, from any act overt or covert liable
in any way whatever to endanger the order and security in any part of the-
territories of Japan or the Union of Soviet Socialist Republics.
It is further agreed that neither Contracting Party shall permit the presence in
the territories under its jurisdication—(a) of organisations or groups pretending to-
be the Government for any part of the territories of the other Party, or (6) of alien
subjects or citizens who may be found to be actually carrying on political activities-
for such organisations or groups.
Article YI
In the interest of promoting economic relations between the two countries, and'
taking into consideration the needs of Japan with regard to natural resources, the-
Government of the Union of Soviet Socialist Republics is willing to grant to Japan-
ese subjects, companies and associations, concessions for the exploitation of minerals,
forests and other natural resources in all the territories of the Union of Soviet
Socialist Republics.
Article YII
The present convention shall be ratified.
Such ratification by each of the High Contracting Parties shall, with as little
delay as possible, be communicated, through its diplomatic representative at Peking,
to the Government of the other Party, and from the date of the later of such com-
munications this Convention shall come into full force.
The formal exchange of the ratifications shall take place at Peking as soon as
possible.
In witness whereof the respective Plenipotentiaries have signed the present
Convention in duplicate in the English language and have affixed thereto their seals-
Done at Peking, this Twentieth day of January, One Thousand Nine Hundred
and Twenty-five.
[L.S.] E. Yoshizawa. [l.s.] L. Karakhaw.
‘ RCSSQsJAPANKSE G(>XVE>'Tr(>N ■2S5
PEO-TOGOL (A)
Japan and ,the UAioo of Soviet. Socialist. Republics, ia, proceeding this day to
the signatwie of the Conyentioa : eni^odyipg ; Easie: Eules of the relations between
them, have deeined it advisable to regulate certain questions in relation to the said
Convention, and have, through their respective Plenipotentiaries, agreed upon the
following stipulations:—
Article I
Each of the High Contracting Parties undertakes to place in the possession of
the other Party the movable and immovable property belonging to the Embassy
and Consulates of such other Party and actually existing within its own territories.
In case it is found that the land occupied by the former Eussia Government at
Tokyo is so situated as to cause difficulties to the town planning of Tokyo or to the
service of the public purposes, the Government of the Union of Soviet Socialist
Eepublics shall be willing to consider the proposals which may be made by the
Japanese Government looking to the removal of such difficulties.
The Government of the Union of Soviet Socialist Eepublics shall accord to the
Government of 'Japan all reasonable facilities in th&f selection of suitable sites and
buildings for the Japanese Embassy and Consulates to be established in the ter-
ritories of the Union of Soviet Socialist Republics.
Article II
It is agreed that all questions of the debts due to the Government or subjects
of Japan on account of public loans and treasury bills issued by the former Eussian
Governments,. to wit by the Imperial Government of Eussia and the Provisional
Government which succeeded it, are reserved for adjustment at subsequent negotia-
tions between the Government of Japan and the Government of the Union of Soviet
Socialist Eepublics.
Provided that in the adjustment of such questions, the Government or subjects
of Japan shall not, all other conditions being equal, be placed in any position less
favourable than that which the Government of the Union of Soviet Socialist
Eepublics may accord to the Government or nationals of any other country on
similar questions.
It is also agreed that all questions relating to claims of the Government of
either Party to the Government of the other, or of the nationals of either party to
the Government of the other, are reserved for adjustment at subsequent negotiations
between the Government of Japan and the Government of the Union of Soviet
Socialist Eepublics.,
Article III
In view of climatic conditions in Northern Saghalien preventing the immediate
homeward transportation of the Japanese troops now stationed there, these troops
shall be completely withdrawn from the said region by May 15th, 1925.
Such, withdrawal shall be commenced as soon as climatic conditions will per-
mit it and any and all district;s. in Northern Saghalien so evacuated by Japanese
troops shall immediately thereupon be restored in full sovereignty to the proper
authorities of the, Union of Soviet Socialist Eepublics.
The details pertaining to the transfer of administration and to the termination
of the occupation shall be arranged at Alexandrovsk between the Commander of the
Japanese Occupation Army and the Eepresentatives of the Union of Soviet Socialist
Eepublics. , : i
RUSSO-JAPANESE CONVENTION
Article IV
The High Contracting Parties mutually declare that there actually exists no
treaty or agreement of military alliance nor any other secret agreement which either
of them has entered into with any third Party and which constitutes an infringement
upon, or a menace to, the sovereignty, territorial rights or national safety of the
other Contracting Party.
Article V
The present Protocol is to be considered as ratified with the ratification of the
Convention embodying Basic Buies of the Relations between Japan and the Union
of Soviet Socialist Republics, signed under the same date.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol in duplicate in the English language, and have affixed thereto their seals.
Done at Peking, this Twentieth day of January, One Thousand Nine Hundred
and Twenty-five.
[l.s.] K Toshizawa. [l.s.] L. Karakhan.
PROTOCOL (B)
The High Contracting Parties have agreed upon the following as the basis for
the Concession Contracts to be concluded within five months from the date of the
complete evacuation of Northern Saghalien by Japanese troops, as provided for in
Article 3 of Protocol (A) signed this day between the Plenipotentiaries of Japan and
of the Union of Soviet Socialist Republics.
1. —The Government of the Union of Soviet Socialist Repu
to Japanese concerns recommended by the Government of Japan, the concession for
the exploitation of 50 per cent, in area of each of the oil fields in Northern Sag-
halien which are mentioned in the Memorandum submitted tp the Representative of
the Union by the Japanese Representative on August 29ch, 1924. For the purpose
of determining the area to be leased to the Japanese concerns for such exploitation,
each of the said oil fields shall be divided into checker-board squares of from fifteen
to forty dessiatines each, and a number of these squares representing 50 per cent, of
the whole area shall be alloted to the Japanese, it being understood that the squares
to be so leased to the Japanese are, as a rule, to be non-contiguous to one another,
but shall include all the wells now being drilled or worked by the Japanese. With
regard to the remaining unleased lots of the oil fields mentioned in the said Memo-
randum, it is agreed that should the Government of the Union of Soviet Socialist
Republics decide to offer such lots, wholly or in part, for foreign concession, Japanese
concerns shall be afforded equal opportunity in the matter of such concession.
2. —The Government of the Union of Soviet Socialist Rep
authorise Japanese concerns recommended by the Government of Japan to prospect
oil fields, for a period of from five to ten years, on the Eastern coast of Northern
Saghalien over an area of one thousand square versts to be selected within one year
after the conclusion of the Concession Contracts, and in ease oil fields shall have
been established in consequence of such prospecting by the Japanese, the Concession
for the exploitation of the 50 per cent, in area of the oil fields so established shall
be granted to the Japanese.
ETTSSO-JA PANESE CONVENTION 227
3. —The Government of the Union of Soviet Socialist Republics agrees
to Japanese concerns recommended by the Government of Japan the concession for
the exploitation of coal fields on the Western coast of Northern Saghalien over a
specific area which shall be determined in the Concession Contracts. The Government
of the Union of Soviet Socialist Republics further agrees to grant to such Japanese
concerns the concession regarding coal fields in the Done district over a specific
area to be determined in the Concession Contracts. With regard to the coal fields
outside the specific area mentioned in the preceding two paragraphs, it is also
agreed that should the Government of the Union of Soviet Socialist Republics
decide to offer them for foreign concession, Japanese concerns shall be afforded
equal opportunity in the matter of such concession.
4. —The period of the concessions for the exploitation of oil and co
stipulated in the preceding paragraphs shall be from forty to fifty years.
5. —As royalty for the said concessions, the Japanese concessionai
make over annually to the Government of the Union of Soviet Socialist Republics, in
case of coal fields, from 5 to 8 per cent, of their gross output, and, in case of oil
fields, from 5 to 15 per cent, of their gross output; provided that in the case of a
gusher, the royalty may be raised up to 45 per cent, of its gross output.
The percentage of output thus to be made over as royalty shall be definitively
fixed in the Concession Contracts and it may be graduated according to the scale of
annual output in a manner to be defined in such contracts.
6. —The said Japanese concerns shall be permitted to fell trees ne
purpose of the enterprises and to set up various undertakings with a view to
facilitating communication and transportation of materials and products. Details
connected therewith shall be arranged in the Concession Contracts.
7. —In consideration of the royalty above-mentioned and taking
account the disadvantages under which the enterprises are to be placed by reason of
the geographical position and other general conditions of the districts affected it is
agreed that the importation and exportation of any articles, materials or products
needed for and obtained from such enterprises shall be permitted free of duty, and
that the enterprises shall not be subjected to any such taxation or restriction as may
in fact render their remunerative working impossible.
8. —The Government of the Union of Soviet Socialist Republics shall a
reasonable protection and facilities to the said enterprises.
9. —Details connected with the foregoing Articles shall be arrange
Concession Contracts.
The present Protocol is to be considered as ratified with the ratification of the
Convention embodying Basic Rules of the Relations between Japan and the Union
of Soviet Socialist Republics, signed under the same date.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol in duplicate in the English Language, and have affixed thereto their
seals.
Done at Peking this Twentieth day of January, One Thousand Nine Hundred
and Twenty-five.
[L.S.] K. Yoshizawa. [l.s.] L. Kaeakhan.
RUSSO-JAPANESE CONVENTION
ANNEXED NOTES
In proceeding this day to the signature of the Convention embodying the
Basic Rules of the Relations between the Union of Soviet Socialist Republics and
Japan, the undersigned Plenipotentiary of the Union of Soviet Socialist Republics
has the honour to tender hereby to the Government of Japan an expression of
sincere regrets for the Nikolaievsk incident of 1920.
Peking, January 20th, 1925.
Monsieur le Ministre,
I have the honour on behalf of my Government to declare that the Government
of the Union of Soviet Socialist Republics agrees that the work which is now being
carried on by the Japanese in Northern Saghalien both in the oil and the coal fields,
as stated in the Memorandum handed to the Plenipotentiary of the Union of Soviet
Socialist Republics by the Japanese Plenipotentiary on August 29th, 1924, bo
continued until the conclusion of the Concession Contracts to be effected within five
months from the date of the complete evacuation of Northern Saarhalien by the
Japanese troops, provided the following conditions be abided by the Japanese : —
1. —The work must be continued in strict accordance w
Memorandum of August 29th, 1924, as regards the area, the number of workers
and experts employed, the machinery and other conditions provided in the
Memorandum.
2. —The produce such as oil and coal cannot be exporte
be applied to the use of the staff and equipment connected with the said work.
3. —The permission granted by the Government of
Socialist Republics for the continuation of the work shall in no way affect the
stipulations of the future concession contract.
4. —The question of operation of the Japanese wireless
Saghalien is reserved for future arrangement, and will be adjusted in a manner con-
sistent with the existing laws of the Union of Soviet Socialist Republics prohibiting
private and foreign establishment of wireless stations.
I avail myself of this opportaunity to convey to you, Monsieur le Ministre, the
assurances of my highest consideration.
(Signed) L. Karakhan.
His Excellency
Mr. Renkichi Yoshizawa,
Envoy Extraordinary and Minister Plenipotentiary of Japan.
AGREEMENT REGARDING THE CHINA-KOREAN
BOUNDARY
Signet> at Peking, September 4th, 1^09
The Imperial Government of Japan and the Imperial Government of China,
desiring to secure for Chinese and Korean inhabitants in the frontier region the
blessings of permanent peace and tranquillity, and considering it essential to the
■attainment of such desire that the two Governments should, in view of their
relations of cordial friendship and good neighbourhood, recognise the River Tumen
as forming the boundary between China and Korea, and should adjust all matters
relating thereto in a spirit of mutual accommodation, have agreed upon the following
stipu'ations:—
Art. I.—The Governments of Japan and China declare that the River Tumen
is recognised as forming the boundary between China and Korea, and that in the
region of the source of that river the boundary line shall start from the boundary
monument, and thence follow the course of the stream Shih-Ti-Shwei.
Art II.—The Government of China shall, as soon as possible after the signing
■of the present agreement, open Lung-Ching-tsun, Chu-tsz-Chie, Tou-tao-kou, Pai-
Tsao-kou to the residence and trade of foreigners, and the Government of Japan
may there establish Consulates or branch offices of Consulates. '1 he date of opening
such places shall be separately determined.
Art. III.—The Government of China recognise the residence of Korean people,
as heretofore, on the agricultural lands lying north of the River Tumen.
Art. IV.—The Korean people residing on the agricultural lands within the
mixed residence district to the north of the River Tumen shall submit to the laws of
China, and shall be amenable to the jurisdiction of the Chinese local officials, touch
Korean people shall be accorded by the Chinese authorities equal treatment with
Chinese subjects, and similarly in the matter of taxation and all other administrative
measures they shall be placed on equal footing with Chinese subjects. All cases,
•whether civil or criminal, relating to such Korean people shall be heard and decided
by the Chinese authorities in accordance with the laws of China, and in a just and
equitable manner. A Japanese Consular officer, or an official duly authorised by
aim, shall be allowed freely to attend the Court, and previous notice is to be given
to the Japanese Consular officers the hearing of important cases concerning lives of
persons. Whenever the Japanese Consular officers find that decision has been
given in disregard of law, they shall have right to apply to the Chinese authorities
for a new trial, to be conducted by officia's specially selected, in order to assure a
just decision.
Art. V.—The Government of C!bina engages that lands and buildings owned
bv Korean people in the mixed residence district to the north of the River Tumen
shall be fully protected, equallv with properties of Chinese subjects. Ferries shall
be established on the River Tumen at places properly chosen, and people on either
side of the river shall be entirely at liberty to cross to the other side, it being, however,
•understood that persons carrying arms shall not be permitted to cross the frontier
without previous official notice or passports. In respect of Qereals produced in the
mixed residence district, Korean people shall be permitted to export them out of
'the said district, except in time of scarcity, in which case such exportation may be
prohibited. Collection of firewood and grass shall be dealt with in accordance with
the practice hitherto followed.
Art. VI.—The Government of China shall undertake to extend the Kirin-
■Changchun Railway to the southern boundary of Yenchi, and to connect it at
Hoiryong with a Korean railway, and such extension shall be effected upon the
same terms as the Kirin-Changchun Railway. The date of commencing the work
-of proposed extension shall be determined by the Government of China considering
< ithe actual requirements of the situation and upon consultation with the Government
■of Japan.
230 CHINA-KOREAN BOUNDARY AGREEMENT
Art. VII.—The present agreement shall come into operation immediately upon
its signature, and thereafter the Chientao branch office of the Residency-General, as
well as all the civil and military officers attached thereto, shall be withdrawn as
soon as possible and within two months. The Government of Japan shall within
two months hereafter establish its Consulates at the places mentioned in Art. II.
In witness whereof the undersigned, duly authorised by their respective Gov-
ernments, have signed and sealed the present agreement in duplicate in the*
Japanese and Chinese languages.
CHINA-JAPAN AGREEMENT REGARDING
MANCHURIAN QUESTIONS
Signed at Peking, September 4th, 1909
The Imperial Government of Japan and the Imperial Government of China,,
actuated by the desire to consolidate relations of amity and good neighbourhood
between the two countries by settling definitively matters of common concern in
Manchuria and by removing for the future all cause of misunderstanding, have
agreed upon the following stipulations:—
Art. I.—The Government of China engages that in the event of its under-
taking to construct a railway between Hsin-min-tun and Fakumen it shall arrange
previously with the Government of Japan.
Art. II.—The Government of China recognises that the railway between
Taschichao and Tingkow is a branch line of the South Manchurian Railway, and it
is agreed that the said branch line shall be delivered up to China simultaneously
with the South Manchurian Railway upon the expiration of the term of concession for
that main line. The Chinese Government further agrees to the extension of the said
branch line to the port of Vingkow.
Art. III.—In regard to coal mines at Fushun and Yuentai, the Governments of
Japan and China are agreed as follows:—
a. —The Chinese Government recognises the right of the Jap
work the said coal mines.
b. —The Japanese Government, respecting the full sovere
gages to pay to the Chinese Government a tax on coals produced in those mines, the
rate of such tax to be separately arranged on the basis of the lowest tariff for coals
produced in any other part of China.
c. —The Chinese Government agrees that, in the matter of
produced in the said mines, the lowest tariff of export duty for coals of any other
mines shall be applied.
d. —The extent of the said coal mines, as well as all the
shall be separately arranged by Commissioners specially appointed for that purpose.
Art. TV.—All mines along the Antung-Mukden Railway and the main line
of the South Manchuria Railway, excepting those at Fushun and Yuentai, shall be
exploited as joint enterprises of Japanese and Chinese subjects upon the general
pmciples which the Viceroy of the Three Eastern Provinces and the Governor of
Shingking Province agreed upon with the Japanese Consul-General in 1907, corres-
ponding to the 33rd year of Kuanghsu. Detailed regulations in respect of such mines
shall in due course be arranged by the Viceroy and the Governor with the Japanese-
Consul-General.
Art. V.—The Government of Japan declares that it has no objection to the
extension of the Peking-Mukden Railway to the city wall of Mukden. Practical
measures for such extension shall be adjusted and determined by the local Japanese
and Chinese authorities and technical experts.
In witness whereof the undersigned, duly authorised by their respective Govern-
ments, have signed and sealed the present agreement in duplicate in the Japanese
and Chinese languages. (Signatures follow.)
NEW CONSORTIUM AGREEMENT
Signed on October 15th, 1920
The following is the full text of the new Consortium agreement:—
The Hongkong and Shanghai Banking Corporation, having its office at 9
(Gracechurch Street in the City of London (hereinafter called the Hongkong
Bank”) of the first part,
The Banque de L’Indo-Chine having its office at 15 bis Eue Laffite, Paris
((hereinafter called “the French Bank”) of the second part,
The Yokohama Specie Bank, Limited, having its office at Yokohama in Japan
((hereinafter called “ the Japanese Bank ”) of the third part, and,
Messrs. J. P. Morgan & Co., Messrs. Kuhn, Loeb & Co., the National City Bank
of New York, the Guaranty Trust Company of New York, Messrs. Lee, Higginson
& Co., of Boston, and the Continental and Commercial Trust and Savings Bank
of Chicago (hereinafter called “the American Managers”) acting as to the United
Kingdom by Messrs. Morgan, Grenfell & Co., of 22 Old Broad Street in the City
of London and as to France by Messrs. Morgan, Marjes & Co., of Paris, of the
fourth part.
Whereas the Hongkong Bank, the French Bank, the Japanese Bank, and the
American Managers are acting for the purposes of this Agreement as the
representatives of the British, French, Japanese and American Groups respectively,
And whereas the British, French, Japanese and American Groups were formed
with the object of negotiating and carrying out Chinese loan business.
And whereas their respective Governments have undertaken to give their
oomplete support to their respective national groups, the parties hereto, in all
•operations undertaken pursuant to the agreement hereinafter contained and have
further undertaken that in the event of competition in the obtaining of any specific
loan contract the collective support of the diplomatic representatives in Peking of
the four Governments will be assured to the parties hereto for the purpose of
obtaining such contract,
And whereas the said national groups are of the opinion that the interests of the
•Chinese people can in existing circumstance best be served by the co-operative action
of the various banking groups representing the investment interests of their
respective countries in procuring for the Chinese Government the capital necessary
for a programme of economic reconstruction and improved communications,
And whereas with these objects in view the respective national groups are
prepared to participate on equal terms in such undertakings as may be calculated to
assist China in the establishment of her great public utilities and to these ends
welcome the co-operation of Chinese capital.
Now it is hereby agreed by and between the parties hereto as follows:—
1. —Each Group reserves to itself the right of increasing or red
number of its own members but so that any member of a group dropping out shall
remain bound by the restrictive provisions hereof and any member of a group coming
in shall become subject to the restrictive provisions hereof and so that no group
shall (without the consent of the others) be entitled to admit into its group a new
member who is not of its nationality and domiciled in its market. The admission
•of any new group shall be determined by the parties hereto, subject to the approval
of their respective Governments.
2. —This agreement relates to existing and future loan agreem
involve the issue for subscription by the public of loans to the Chinese Government
-or to Chinese Government Departments or to Provinces of China or to companies or
•corporations owned or controlled by or on behalf of the Chinese Government or any
Chinese Provincial Government or to any party if the transaction in question is
guaranteed by the Chinese Government or Chinese Provincial Government but does
2?2 NEW CONSORTIUM AGREEMENT
not relate to agreements for loans to be floated in China. Existing agreements-
relating to industrial undertakings upon which it can be shown that substantial
progress has been made may be omitted from the scope of this agreement.
3. —The existing agreements and any future loan agr
agreement relates and any business arising out of such agreements respectively shall
be dealt with by the said groups in accordance with the provisions of this agreement..
4. —This agreement is made on the principle of complete
between the parties hereto and each of the parties hereto shall take an equal share in
all operations and sign all contracts and shall bear an equal share of all charges in
connexion with any business (except stamp duties and any charges of and in
connexion with the realization by the parties hereto in their respective markets of
their shares in the operations) and the parties hereto shall conclude all contracts-
with equal rights and obligations as between themselves and each party shall have
the same rights, privileges, prerogatives, advantages, responsibilities and obligations
of every sort and kind. Acccordingly preliminary advances on account of or in
connexion with business to which this agreement relates shall be borne by each of the
parties hereto in equal shares and each of the parties hereto shall be entitled t6-
participate equally in the existing agreement and will offer to the other parties hereto
an equal participation with itself in any future loan business falling within the
scope of this agreement. Should one or more of the parties hereto decline a
participation in the existing agreements or any of them or in any such future loan
business as aforesaid the party or parties accepting a participation therein shall be
free to undertake the same but shall issue on its or their markets only.
5. —All contracts shall so far as possible be made so a
liability on the parties hereto hut each of the parties hereto shall severally liquidate
its own engagements or liabilities. The parties hereto will so far as possible come to-
an understanding with regard to the realization of the operations but so that such
realization in whatever manner this may take place shall be for the separate benefit
of each of the parties hereto as regards their respective participations therein
and so that each of the parties hereto shall be entitled to realize its participation in
the operations only in its own market, it being understood that the issues in the-
respective markets are to be made at substantial parity.
6. —Any one or more of the parties hereto who shall have
participation in any business hereunder shall be entitled by notice in writing to call
upon the other or others of the parties hereto who propose to issue their own
respective participations to issue for the account of the party or parties giving such
notice or notices either all or one-half of the amount winch may constitute the
participation of the party or parties giving such notice or notices and the party or
parties so called upon shall issue the said amount or amounts (hereinafter called “ the
Residuary Participation”) specified in such notice or notices upon and subject to the
terms and conditions following, viz.:—
(1) Such notice or notices must be received by the other or others of the-
parties hereto before the execution of the final agreement for the issue of the-
loan or (in the case of an issue of a part only of the loan) of so much
thereof as the parties hereto may from time to time agree to issue.
(2) The party or parties to whom such notice or notices shall have been given
shall be entitled to decide among themselves and without reference to the
party or parties giving such notice or notices as to which one or more of
them shall issue the Residuary Participation but in default of any such
decision they shall issue the same equally between them.
(3) In issuing the Residuary Participation no distinction shall be made between
the Residuary Participation and the amount or amounts issued on its or
their own account by the party or parties issuing the Residuary
Participation which shall in all respects be subject to the conditions of the
respective Syndicates which may be formed for the purpose of effecting, the
NEW CONSORTIUM AGREEMENT 233
(4) Each of the parties issuing jthte Residuary Pai-tsieipation shall be' entitled
to decide for itself and without reference to the party or parties^ giving such
notice or notices as to what expenses shall be incurred in relation to the issue
of the total amount issued by such party.
(5) The party or parties issuing the Residuary Participation shall be entitled
between them to charge.the party or parties giving such notice or notices
with a commission of not exceeding per cent, on the nominal amount of
■ the Residuary Participation and also with a pro rata share of the expenses
which the issuing party or parties may in their sole discretion incur in
relation to the whole issue and being in the proportion which the Residuary
Participation bears to the total nominal amount of the issue.
{6) The party or parties issuing the Residuary Participation shall not by virtue
of this agreement incur any responsibility to subscribe for the Residuary
Participation or to cause the same to be subscribed.
{7} Each party issuing the Residuary Participation shall apply all subscriptions
received by it pro rata between the Residuary Participation issued by it and
the amount issued by such party on its own account.
(8) Each of the parties issuing the Residuary Participation will apply for and
use its best endeavours to obtain a quotation on its market for the total
amount issued by it.
(9) No issue of the Residuary Participation or any part thereof shall be made
by the party or parties giving such notice or notices unless mutually agreed
by the parties hereto.
7. —No participation shall be given by any one of the parties hereto o
own market. Any participation given in its own market by any one of the parties
hereto shall be for its own market only or in the event of the issue including any of
the Residuary Participation for the accounts pro rata of the issuing Bank and the
party or parties giving such participation. The party giving the same shall use its
Rest endeavours to secure that no part of such participation shall be transferred to
parties outside the market of the party giving the same. Any other participation
shall be given only with the consent of all parties hereto and shall be borne in equal
shares by the parties hereto.
8. —This agreement shall remain in force for the period of live years
date hereof provided nevertheless that a majority of the parties hereto may by
twelvemonths’ previous notice in writing addressed to the other parties hereto
determine this agreement at any time.
In witness whereof the duly authorized representatives of the respective parties
hereto have set their hands the day and year first above written.
For the Hongkong and. Shanghai Banking Corporation.
On behalf of the British Group: C. S. Addis.
For the Banque de L'Indo-Chine.
On behalf of the French Group: Th. de la Chaume^
For the Yokohama Specie Bonk, Ltd.
On behalf of the Japanese Group : K. Takeuchi.
For and on behalf of the American Group: J. P. Morgan & Col
Kuhn, Loeb & Co.'
The National City Bank of Neiv York: by J. A. Stillman, President.,
The Guaranty Trust Company of New York: by J. R. Swan, Vice-President.
Continental & Commercial Trust Savings Bank, Chicago by John Jay Abbott,-
Vice-President*
b A. H. Wiggin, Chairman.
Chase National Bank, New York City : y Lee, Higginson & Co.
WASHINGTON CONFERENCE RESOLUTIONS
THE QUADRUPLE ALLIANCE
OFFICIAL TEXT
At the fourth plenary session of the Conference on Limitation of Armaments,
held on December 10th, 1921, Senator Lodge made public the following draft of a
treaty and accompanying reservations:—
The United States of America, the British Empire, France and Japan, with
a view to the preservation of the general peace and the maintenance of their
rights in relation to their insular possessions and insular dominions in the
regions of the Pacific Ocean, have determined to conclude a treaty to this effect
and have appointed as their plenipotentiaries :—
The President of the United States
His Majesty the King of the United Kingdom of Great Britain and
Ireland, and of the British Dominions beyond the seas, Emperor of
India
And
For the Dominion of Canada
For the Commonwealth of Australia
For the Dominion of New Zealand
For India
The President of the French Republic
His Majesty the Emperor of Japan
Who, having communicated their full powers found in good and due form, have
agreed as follows:—
Article I.—The high contracting parties agree as between themselves to
respect their rights in relation to their insular possessions and insular dominions in
the region of the Pacific Ocean. If there should develop between any of the
high contracting parties a controversy arising out of any Pacific question and
involving their said rights, which is not satisfactorily settled by diplomacy and is
likely to affect the harmonious accord now happily subsisting between them, they
shall invite the other high contracting parties to a joint conference to which the
whole subject will be referred for consideration and adjustment.
Article II.—If the said rights are threatened by the aggressive action of any
other Power, the high contracting parties shall communicate with one another
fully and frankly in order to arrive at an understanding as to the most efficient
measures to be jointly or separately taken to meet the particular situation.
Article III.—This Agreement shall remain in force for ten years from the
time it shall take effect, and after the expiration of said period it shall continue to
be in force subject to the right of any of the high contracting parties to terminate
it upon twelve months’ notice.
Article IY.—This Agreement shall be ratified as soon as possible in accord-
ance with the constitutional methods of the high contracting parties and shall
take effect on the deposit of ratifications, which shall take place at Washington,
and thereupon the Agreement between Great Britain and Japan which was con-
cluded at London on July 13th, 1911, shall terminate.
Reservations.—The signing of this Treaty is on the part of the United States
subject to (reservations affecting) the island of Yap and what are termed the
Mandate Islands in the Pacific Ocean, north of the Equator, the negotiations in
regard to which are almost concluded, and also the reservations with respect to
what are termed the Mandate Islands in the Pacific Ocean south of the Equator.
WASHINGTON CONFERENCE RESOLUTIONS
It should also be observed that the controversies to which the proposed Treaty refers
do not include questions which, according to the principles of international law,
lie exclusively within the domestic jurisdiction of the respective Powers.
In the course of his address, Senator Lodge stated : “ To put it in a few words,
the Treaty provides that the four signatory Powers will agree between themselves
in regard to their insular possessions and dominions in the region of the Pacific,
and that if any controversy should arise as to such rights all the high contracting
parties shall be invited to a joint conference looking to the adjustment of such
controversy. They agree to take similar action in the case of aggression by any
other Power upon these insular possessions or dominions. This Agreement is to
remain in force for ten years, and, after ratification under the constitutional
methods of the high contracting parties, the existing agreement between Great
Britain and Japan, which was concluded at London on July 13, 1911, shall
terminate. Each signer is bound to respect the rights of the others, and before
taking action in any controversy to consult with them. There is no provision for
the use of force to carry out any of the terms of the Agreement, and no military or
naval stations lurk anywhere in the background or under cover of these plain and
direct clauses. The surest way to prevent war is to remove the cause of war.
This is an attempt to remove the cause of war over a great area of the globe’s
surface by reliance upon the good faith and honest intentions of the nations which
signed this Treaty solving all differences through a process of diplomacy and joint
consideration and conciliation.
TERRITORIAL AND ADMINISTRATIVE INTEGRITY OF CHINA
The Far Eastern Committee of the Conference unanimously adopted a resolu-
tion declaring in favour of the territorial and administrative integrity of China.
The resolution, which was drafted and presented by Senator Root, was signed by
eight Powers, China refraining from appending her signature as being unfitting
in a document regarding herself.
Following is the text of the resolution:—“ It is the firm intention of the
Powers attending the Conference, firstly, to respect the sovereignty, independence
and territorial and administrative integrity of China; secondly, to provide the fullest,
unembarrassed opportunity for China to develop and to maintain an effective and
stable Government; thirdly, to use their influence for the purpose of effectively
establishing and maintaining the principle of equal opportunity for commerce and
industry to all nations throughout Chinese territory; fourthly, to refrain from taking
advantage of present conditions in order to seek special rights and privileges
abridging the rights of subjects of friendly States, and also to refrain from
countenancing any action inimical to the security of such States.”
The Far Eastern Committee passed a resolution, suggested by Sir Auckland
Geddes, under which the Powers attending the Conference declared their inten-
tion “ not to enter into any treaty, agreement, arrangement, or understanding with
one another, or individually or collectively with any Power or Powers, which
infringes or impairs the principles declared by the resolution adopted by the Com-
mitte on the iJlst ult.” (i.e., Senator Root’s resolution declaring for the territorial
and administrative integrity of China).
WASHINGTON CONFERENCE RESOLUTIONS
FOREIGN POST OFFICES IN CHINA
Representatives of the nine Powers sitting as a Committee on the Pacific and
Far Eastern questions adopted a resolution in favour of the relinquishment of
foreign post-office privileges in China. All the Powers agreed upon January 1st, 1923,
as the date of relinquishment.
The text of the resolution is:— “ Recognising the justice of the desire expressed
by the Chinese Government to secure the abolition of foreign postal agencies in
China, save or except in leased territories or otherwise specifically provided for by
Treaty, it is resolved:
“ I:—That the four Powers having such postal agencies agree to their
abandonment, subject to the following conditions : First, that an efficient Chinese
postal service be maintained; second, that an assurance be given by the Chinese-
Government that they contemplate no change in the present postal administration
as far as the status of the foreign Co-Director-General is concerned.
“II:—To enable China and the Powers concerned to make the necessary
dispositions this arrangement shall come into force not later than (date blank).
Pending the complete withdrawal of foreign postal agencies the four Powers concerned
severally undertake to afford full facilities to the Chinese Customs authorities to*
examine all postal matter (except ordinary letters, whether registered or not, which
upon external examination appear to contain written matter) passing through with a
view to ascertaining whether they contain articles of dutiable contraband or other-
wise contravening the Customs regulations and laws of China.”
EXTRA-TERRITORIAL RIGHTS IN CHINA
A resolution was unanimously adopted by the Far Eastern Committee relative to-
the Extra-Territorial Question. It provides that the Powers concerned shall establish
a Commission, to which each shall appoint a member, to enquire into the present
practice of extra-territorial jurisdiction in China, and into the laws, the judicial system
and methods of judicial administration, with a view to reporting findings of fact, with
recommendations regarding the means to improve the existing conditions of adminis-
tration of justice in China and to assist the efforts of the Chinese Government to
effect such legislation and judicial reforms as will warrant the Powers in relinquishing
progressively or otherwise their rights of extra-territoriality.
The Commission shall be constituted within three months after the adjournment
of the Conference, and be instructed to submit its report and recommendations within
a year after the Commission’s first meeting. Each of the Powers shall be deemed free
to accept or reject all or any portion of the recommendations, but in no case are any
of the Powers to make acceptance directly or indirectly dependent on China’s granting
any special concession, favour, benefit, or immunity, whether political or economic.
An additional resolution provides that non-signatory Powers having extra-terri-
torial rights in China may accede to the resolution in regard to extra-territoriality
within three months after the adjournment of the Conference.
A further additional resolution expresses China’s satisf .ction with the sympathy
of the Powers in regard to the abolition of extra-territoriality, and declares China’s
intention to appoint a Chinese member of the Extra-Territoriality Commission, it
being understood that China is free to accept or reject any or all of the recommenda-
tions of the Commission. China is prepared to co-operate in the work of the
Commission and in every way to facilitate the successful accomplishment of its task.
WASHINGTON CONFERENCE RESOLUTIONS
RADIO STATIONS IN CHINA
A report was submitted by the Sub-Committee on. Drafting relating to radio
d stations for China which states that representatives; of the nine Powers at the
>1 Conference decided that all radio stations in China, whether maintained under the
i provisions of the International Protocol of September, 1901, or, in fact maintained
on the grounds of any of the foreign Legations in China, shall be limited in use to
sending and receiving Grovemment messages and shall not receive or send commercial,
personal, or unofficial messages, including Press matter.
1 It is provided, however, that in case all other telegraphic communication is inter-
rupted, then, upon official notification, accompanied by proof of such interruption, to
the Chinese Ministry of Communications such stations may afford temporary facilities
for messages excluded as before-mentioned until the Chinese Government notify the
termination of the interruption.
All radio stations on Chinese territory operated by foreign Governments’ sub-
jects under treaties or concessions shall limit the messages sent or received by the
terms of the treaty or concession under which the respective stations are maintained.
Any radio station maintained without the authority of the Chinese Government shall
be transferred to China to be operated under the direction of the Chinese Ministry of
Communications, against compensation to the owners for the value of the installation,
as soon as the Ministry is prepared to operate the same effectively for general public
benefit. Should any question arise regarding radio stations in leased territories,
the South Manchuria railway zone, or the French Concession in Shanghai they
shall be regarded as matters for discussion between the Chinese Government and the
Governments concerned. Owners or managers of all foreign radio stations shall
confer with the Chinese Ministry of Ccmmunicatio'ns for the purpose of seeking a
common arrangement to avoid interference in the use of wave lengths by wireless
stations in China; subject to such a general arrangement as may be made by the
International Conference convened for revision of the rules established by the
London International Radio Telegraph Convention of 1912*
TEXT OF THE NINE-POWER AGREEMENT
The following is the text of the two treaties regarding China approved
on February 4th, 1922, by the Conference at Washington:—
The United States of America, Belgium, the British Empire, China, France,
Italy, Japan, the Netherlands and Portugal:
Desiring to adopt a policy designed to stabilize conditions in the Far East,
to safeguard the rights and interests of China, and to promote intercourse between
China and the other Powers upon the basis of equality of opportunity, have
resolved to conclude a Treaty for that purpose and to that end have appointed
as their respective plenipotentiaries (Here follow the names of the plenipoten-
tiaries), who, having communicated to each other their full powers, found to be in
good and due form, have agreed as follows—
Article I.
The contracting Powers, other than China, agree:
,1.—To respect the sovereignty, the independence, and the territorial
and administrative integrity of China.
2.—To provide the fullest and most unembarrassed opportunity to China
to develop and maintain for herself an effective and stable Government.
238 WASHINGTON CONFERENCE RESOLUTIONS
3. —To use their influence for the purpose of effectually
maintaining the principle of equal opportunity for the commerce and industry
of all nations throughout the territory of China.
4. —To refrain from taking advantage of conditions in Chin
special rights or privileges which would abridge the rights of subjects or citizens
of friendly States, and from countenancing action inimical to the security of such
States.
Article II.
The contracting Powers agree not to enter into any treaty, agreement,
arrangement or understanding, either with one another or individually or
collectively, with any Power or Powers, which would infringe or impair the
principles stated in Article I.
Article III.
With a view to apply more effectually the principles of the open door or
equality of opportunity in China for the trade and industry of all nations, the
contracting Powers, other than China, agree they will not seek nor support
their respective nations in seeking :
(a) Any arrangement which might purport to establish in favour of their
interests any general superiority of rights with respect to commercial or economic
development in any designated region in China.
(b) Any such monopoly or preference as would deprive the nationals of any
other Power of the right of undertaking any legitimate trade or industry in
China, or of participating with the Chinese Government or with any local authority
in any category of public enterprise, or which by reason of its scope, duration or
geographical extent is calculated to frustrate the practical application of the
principle of equal opportunity.
It is understood that the foregoimr stipulations of this article are
not to be so construed as to prohibit the acquisition of such properties or rights as
may be necessary to the conduct of a particular commercial, industrial or financial
undertaking or to the encouragement of invention and research.
China undertakes to be guided by the principles stated in the foregoing
stipulations of this article in dealing with applications for economic rights and
privileges from Governments and nationals of all foreign countries, whether parties
to the present treaty or not.
Article IV.
The contracting Powers agree not to support any agreements by their respective
nationals with each other designed to create spheres of influence or to provide for
the enjoyment of mutually exclusive opportunities in designated parts of Chinese
territory.
Article V.
China agrees that throughout the whole of the railways in China she will not
exercise or permit unfair discriminations of any kind. In particular there shall be
no discrimination whatever, direct or indirect, in respect of charges or of facilities
on the ground of the nationality of passengers or the countries from which or to
which they are proceeding, or the origin or ownership of goods or the country from
which or to which they are consigned, or the nationality or ownership of the ship or
other means of conveying such passengers or goods before or after their transport
on the Chinese railways.
The contracting Powers, other than China, assume a corresponding obligation
in respect of any of the aforesaid railways over which they or their nationals are in a
position to exercise any control in virtue of any concession, special agreement or
otherwise.
WASHINGTON CONFEKENCE KESOLUTIONS
Article YI.
The contracting parties, other than China, agree fully to respect China’s rights
as a neutral in time of war to which China is not a party; and China declares that
when she is a neutral she will observe the obligations of neutrality.
Article VII.
The contracting Powers agree that whenever a situation arises which, in the
opinion of any one of them, involves the application of the stipulations of the present
treaty, and renders desirable discussion of such application, there shall be full and
frank communication between the contracting Powers concerned.
Article VIII.
Powers not signatory to the present Treaty which have governments recognised
by the signatory Powers and which have treaty relations with China shall be invited
to adhere to the present Treaty. To this end the Government of the United States
will make tho necessary communications to non-signatory Powers and will inform the
contracting Powers of the replies received. Adherence by any Power shall become
effective on receipt of notice thereof by the Government of the United States.
Article IX.
The present treaty shall be ratified by the contracting Powers in accordance
with their respective constitutional methods, and shall take effect on the date of the
deposit of all the ratifications, which shall take place at Washington as soon as
possible. The Government of the United States will transmit to the other con-
tracting Powers a certified copy of the proces verbal of the deposit of ratifications.
The present treaty, of which the English and French texts are both authentic,
shall remain deposited in the archives of the Government of the United States, and
duly certified copies thereof shall be transmitted by that Government to the other
contracting Powers.
In faith whereof the above-named plenipotentiaries have signed the present
Treaty.
Done at the City of Washington, the sixth day of February, one thousand
nine hundred and twenty-two.
THE BOARD OF REFERENCE.
The following resolution was adopted as a supplement to the general Far
Eastern Treaty:
The United States of America, Belgium, the British Empire, China, France,
Italy, Japan, the Netherlands and Portugal:
Desiring to provide a procedure for dealing with questions that may arise in
connection with the execution of the provisions or Articles III. and V. of the Treaty
to be signed at Washington on February 6th, 1922, with reference to their general
policy, designed to stabilize conditions in the Far East, to safeguard the rights and
interests of China, and to between China and the other Powers upon the basis of
equality of opportunity;
Resolve, That there shall be established in China a Board of Reference to
which any questions arising in connection with the execution of the aforesaid articles
may be referred for investigation and report.
The special conference, provided in Article II. of the treaty to be signed at
Washington on February 6th, 1922, with reference to the Chinese Customs Tariff
shall formulate for the approval of the Powers concerned a detailed plan for the
constitution of the Board.
240 WASlitNGTO^ CONFET?ENCE r.£SOL;UTIONS;
TREATY ON tfHE CHINESE TARIFF
The treaty relative tb tlie Chinee'Tariff ;4n The United States of America, Belgium, the British'^EmpireV China, France,
Italy, Japan, the Netherlands and Portugal:
With a view to increasing the revenues, of the Chinese. Government have
resolved to : conclude a treaty relating to the revision of the Chinese Customs Tariff
and, cognate: matters, and to that end have appointed as their plenipotentiaries
(Here follows the names of, the plenipotentiaries), who, haying communicated to each
other their full powers, found to be in good and due form, have agreed as follows
. , Aetiole; I. . .
The representatives of the contracting Powers having adoptedj on the 4th day of
February,’1922, in the City of Washington, a resolution, which is appended, as an
annex to this article, with respect to the revision of Chinese customs duties .for the
purpose of making such duties equivalent to an effective 5 per cent., ad valorem, in
accordance with existing treaties concluded by China with other nations, the con-
tracting Powers hereby confirm the said resolution and undertake to accept the
tariff rates fixed as a result of such revision. The said tariff rates shall become
effective as soon as possible, but not earlier than two months after publication
thereof. ,
■ Annex
With a view to providing additional revenue to meet the needs of the Chinese
Government, the Powers represented at this Conference, namely, the United States of
America, Belgium, the British Empire, China, France, Italy, Japan,,the Netherlands
and Portugal, agree: , , ,
That the Customs schedule of duties oh imports into China, adopted by the
Tariff Revision Commission at Shanghai on December 19th, 1918, shall forthwith be
revised so that rates of duty shall be equivalent to' 5 per cent, effective, as provided
for in the several commercial treaties to which China is a party.
A Revision Commission shall meet at Shanghai at'the earliest practicable date
to effect this revision forthwith and on the general lines ofthe last revision. ,
This Commission shall be composed of representatives of the Powers above
named and of representatives of. any additional Powers, having governments at
present recognized by the Powers represented at this Conference and who have
treaties with China providing for a tariff on imports and exports not to exceed 5
per < ent. ad valorem and who desire to participate therein. :
The revision shall proceed as rapidly as possible with a view to its completion
withinTqur months from the da,te. qf the adoption of this resolution by the Con-
ference on the Limitation of Armaments and Pacific and Far Eastern Questions.
The revised tariff shall become effective as soon as possible, but not earlier than
two months after its publication by the Revision Commission;
The Government of the United States, as convener of the present Conference, is
requested forthwith to communicate the tertos of this resolution to the Governments
of Powers not represented at this Conference but who participated in the revision of
1918 aforesaid.
Aeticle II.
Immediate steps Shall be taken: through a special conference to prepare the way
for the speedy abolition of lildn and for the fulfilment of the other conditions laid
down in Article VIII. of .the treaty pf September 5th, 1902, between Great Britain and
China; in Article IV. and V, of the treaty of October 8th, 1908, between the United
States and China; and in Article I. of the supplementary t reaty of October 8th, 1903,
between Japan and China, with a view to levying the surtaxes provided for in these
Articles.
\ WASHINGTON. CONFERENCE RESOLUTIONS £41
The special Conference shall be composed of-representatives of the signatory
Powers, and of such other Powers as may desire to participate and may adhere to
the present treaty, in accord with the provisions of Article yin., in sufficient time to
:allow their representatives to take part. It shall meet in China within three months
( after the coming into force of the present treaty bh a day and at a place to be
designated by the Chinese Government.
Article III.
. . Tho special conference provided for in Article IL. shall consider the interim
provision to be applied prior to the abolition oi lihin and the fulfilment of the other
conditions laid down in the articles of the treaties mentioned in Article II.; and it
.shall authorize the levying of a surtax on dutiable imports as from such date, for
such purposes and subject to such conditions as it may determine.
The surtax shall be at a uniform rate of per centum ad valorem, provided
that in case of certain articles of luxury which, in the opinion of the special Conference,
can bear a greater increase without unduly impeding trade, the total surtax may be
increased, but may not exceed 5 per centum ad valorem.
Article TV.
Following the immediate revision of the Customs schedule of duties on imports
into China mentioned in Article L, there shall be a further revision thereof, to take
■effect at the expiration of four years following the completion of the aforesaid im-
mediate revision, in order to insure that the Customs duties shall correspond to the
ad valorem rates fixed by the special Conference provided in Article II. .
Following this further revision there shall be for the same purpose periodical
revisions of the Customs schedule of duties of imports into China every seven years,
dn lieu of the decennial revision authorized by existing treaties with China.
In order to prevent delay, any revision made in pursuance of this Article shall
be effected in accord with rules to be prescribed by the special Conference provided
Tor in Article II.
Article V.
In all matters relating to Customs duties there shall be effective equality of treat-
iinent and of opportunity for all the contracting Powers.
Article VI.
The principle of uniformity in the rates of Customs duties levied at all the land
and maritime frontiers of China is hereby recognised. The special Conference
provided for in Article II. shall make arrangements to give practical effect to this
principle, and it is authorised to make equitable adjustments in those cases in which
a Customs privilege to be abolished was granted in return for some local economic
advantage.
In the meantime, any increase in the rates of Customs duties resulting from
tariff revision or any surtax hereafter imposed in pursuance of the present Treaty
shall be levied at a uniform rate ad valorem at all land and maritime irontiers of
China.
Article VII.
The charge for transit passes shall be at the rate of 2| per centum ad valorem
until the arrangements provided for by Article II. come into force.
Article VIII.
Powers not signatory to the present Treaty, whose Governments are at present
irecognised by the signatory Powers and whose present treaties with China provide
for a tariff on imports and exports not to exceed 5 per centum ad valorem, shall be
Invited to adhere to the present Treaty.
242 WASHINGTON CONFERENCE RESOLUTIONS
The Government of the United States undertakes to make the necessary com-
munications for this purpose and to inform the Governments of the contracting'
Powers of the replies received. Adherence by any Power shall become effective on
receipt of notice thereof by the Government of the United States.
Aeticle IX.
The provisions of the present Treaty shall override all stipulations of treaties*
between China and the respective contracting Powers which are inconsistent there-
with, other than stipulations according most-favoured-nation treatment.
Aeticle X.
The present Treaty shall be ratified by the contracting Powers in accord with
their respective constitutional methods and shall take effect on the date of the
deposit of all the ratifications, which shall take place at Washington as soon as-
possible. The Government of the United States will transmit to the contracting
Powers a certified copy of the proces verbal of the deposit of ratifications.
The present Treaty, of which the English and French texts are both authentic,
shall remain deposited in the archives of the Government of the United States, and
duly certified copies thereof shall be transmitted by that Government to the other
contracting Powers.
In faith whereof the above-named plenipotentiaries have signed the present
Treaty.
Done at the City of Washington the sixth day of February, one thousand nine
hundred and twenty-two.
THE TRANSFER OF SHANTUNG
. THE TEXT OF THE AGREEMENT SIGNED DECEMBER 1st, 1922
The Governments of the Chinese Republic and the Japanese Empire, acting in
accordance with Article II. of the Treaty for the Settlement of Outstanding Questions
Relative to Shantung signed February 4th, 1922, at Washington, have for the pur-
pose of settlement of details as stated in the said Treaty appointed hereby their
commissioners respectively to form a Sino-Japanese Joint Commission, that is to say:
The Government of the Chinese Republic: Cheng-ting Thomas Wang, Director-
General for the Rehabilitation of Shantung Rights; Tsai-chang Tang, Councillor
-to the Ministry of Foreign Affairs; Tung-fan Hsu, Councillor to the Directorate-
General for the Rehabilitation of Shantung Rights; and Chen-Kan, Former Adviser
to the Inspectorate-General of Hunan and Hupeh.
The Government of the Japanese Empire: Yukichi Obata, Envoy Extraordinary
and Minister Plenipotentiary to China; Masanoske Akiyama, Chief of Tsingtao
Civil Administration; Kasuji Debuchi, Councillor of Embassy.
Who have agreed at Peking upon the following articles:—
Section I.—Transfer of the former German Leased Territory of Kiaochow
Art. I.—The Government of Japan, in accordance with Article I. of the Treaty for
the Settlement of Outstanding Questions Relative to Shantung on the transfer to
China of the former German Leased Territory of Kiaochow has decided to transfer
the entire administration to China at noon on the 10th day of the twelfth month of
the eleventh year of the Chinese Republic (or 10th day of the 12th month of the 11th
year of Taisho). After such transfer, all administrative rights and responsibilities
shall belong to China, but in accordance with the agreement those which should be-
long to the Japanese Consulate are not covered by this Article.
Art II.—The Governments of China and Japan shall appoint a committee with
jpowers of concluding detailed arrangements for the transfer or taking over of the
administration of public properties (including wharves and warehouses) as well as
the transfer or taking over of the necessary documents as stipulated in Articles III.
and IY. of the Treaty for the Settlement of Outstanding Questions Relative to
Shantung.
Art. III.—The committees of the Governments of China and Japan as stated in
the above-mentioned Article shall complete all matters concerning the transfer or
taking over within one month from the day of the transfer to China of the adminis-
'tration.
Art. IY.—The Government of China shall respect all the judgments of the
Japanese courts as well as the force of all the registrations, evidences, certificates, etc.
Section II.—Withdrawal of Japanese Troops
Art. Y.—All Japanese troops (including gendarmes) stationed at Tsingtao shall
be withdrawn within twenty days from the date as stated in Article I.
Section III.—Leasing of Land
Art. VI.—The Government of China agrees to extend the permit granted by the
Japanese Administration before the exchange of ratifications of the Treaty for the
Settlement of Outstanding Questions Relative to Shantung to thirty years upon its
expiration and under the same conditions.
Upon expiration of the above-mentioned thirty years such lease may still be con-
tinued but it shall be in accordance with Land Regulations of Kiaochow. Permit
-of land not yet expired, granted by the Japanese Administrations before the ex-
change of ratifications and on which no construction has been begun is, however, not
covered by the stipulations in the above paragraph.
244 THE TRANSFER OF SHANTUNG
Permit of land granted by the Japanese Administration after the exchange of
ratifications of the same Treaty shall all cease to be effective, but before the 10th day
of the 12tli month of the 11th year of the Chinese Republic land on which construc-
tions have been beuuu may be given prior consideration by the Kiaochow Adminis-
tration when they are leased.
Section IV.—Public Properties
Art. VII.—In accordance with Article VII. of the Treaty for the Settlement
of Outstanding Questions Relative to Shantung public properties which ought to be-
retained by Japan are as follows :
(a.) Properties needed by the Japanese Consulate.
(b.) Properties needed by the Japanese community.
All boundaries of the two kinds of the above-mentioned public properties to be-
retained are limited to what is indicated.
Art. VIII.—All public properties beyond what is stated in Article IV. shall be-
transferred to China.
Art. IX. — Public properties along the Kiaochow-Tsinanfu Railway which ought
to be retained by the Japanese Government in accordance with the agreement Tor
the withdrawal of Japanese troops shall be separately agreed upon by the two Govern-
ments when the names of places to be opened to international trade are decided upon..
Art. X.—The Government of Japan agrees to transfer to China without com-
pensation half of the Tsingtao-Sasebo Cable. The Tsingtao end of the said cable shall
be managed by the Government of China and the Sasebo end of the same by the-
Government of Japan.
Art. XI.—Arrangements for the management of the said cable shall be separately
agreed upon by the two Governments.
Art. XII.—The Government of China declares that upon expiration of the tele-
graph and cable monopoly granted to the foreign concerns she will discontinue it
upon its own initiative and will not further grant any monopoly to any Government,.
Company, or individual.
Art. XIII.—The Government of China agrees upon taking over the T.-ingtao-
and Tsinanfu Wireless Stations to open them to public use within the following spheres:
(1.) Between Tsingtao Wireless Station and steamers on the seas.
(2.) Between Tsingtao and Tsinanfu Wireless Stations (for so long a period as-
both stations exist).
Art. XIV.—The Government of China agrees to continue the use of Japanese
alphabets in the following telegraph services :
(1.) Tsingtao Cable service.
(2.) Tsingtao Wireless service.
(8.) Tsingtao, Szefang and Tsangkow services.
The above mentioned telegraph services at Szefang and Tsangkow, when
dispatching and receiving Japanese alphabets, shall require a special charge, the-
exact amount of which shall be agreed upon by the responsible authorities of China
and Japan.
Art. XV.—The Government of China agrees upon taking over the Kiaochow-
Tsinanfu Railway (including branch lines) to open the telegraph service at the
main stations along the railway to public use.
Art. XVI.—The Government of China agrees upon taking over the military
telephone service between Tsingtao and Tsinanfu to open it herself to public use and;
give the subscribers fair facilities.
Section VI.—Salt Interests
Art. XVlI.—The Governments of China and Japan acting ip accordance with.
Article V. of the Treaty for the Settlement of Outstanding Questions Relative to-
Shantung agree upon the following provisions for the exportation of salt along the-
shore of Kiaochow: . . ;
THE TRANSFER OF SHANTUNG 245
(1.) Japan shall, within a period of fifteen years beginning from the twelfth
year of the Chinese Republic, purchase annually Tsingtao salt between*
the maximun amount of 350,000,000 catties and the minimum amount
of 100,000,000 catties. But upon expiration of the above-mentioned
period further arrangement may be made.
(2.) The Government of China agrees to apply regulations for the inspection
of the quality of salt promulgated January of the 10th year of Taisho to
the Tsingtao salt purchased by Japan. But in case of the necessity for
change, further arrangement may be made.
(3.) The place for delivery of salt shall be the wharves of Munji or other
places designated by the Japanese responsible authorities. But, in case
of exportation of salt to other place than Munji, the difference of similar
reight charge for salt exported from other quarters shall be given (the
difference between Munji and the place to be designated).
(4.) The detailed arrangements for the purchase of salt by Japan as stated
above shall be agreed upon by the Chinese and Japanese responsible-
authorities.
Section YU.—Compensation for Public Properties and Salt Industries
Art. XVIII.—The Government of China agrees, in accordance with Article VI.
on the compensation for public properties to be transferred and Article XXV. on the
compensation for the Japanese salt industries along the shore of Kiaochow Bay of'
the Treaty for the Settlement of Outstanding Questions Relative to Shantung, to
deliver to the Government of Japan T. 16,000,000.
Two million yen of the above-mentioned amount shall be paid in c ish within
one month after transfer of public properties and salt industries.
Art. XIX.—The Government of China agrees in payment for the above-men-
tioned Y. 14,000,000 to deliver to Japan treasury notes upon the complete transfer of
public properties and salt industries.
Art. XX.—The conditions for the above-mentioned treasury notes are as follows:
(1.) The total value of Chinese treasury notes shall be 14,000,000 yen.
(2.) The Chinese treasury notes shall bear an annual interest of 6 per cent.
(3.) These notes shall be redeemed within a period of fifteen years. No
principal is to be paid on the first year. Beginning from the second
year, a sum to the amount of Y. 500,000 shall be paid two times a year on
the date of payment of interest, but at any time after the second year
upon three months’ notice all the treasury notes may be redeemed.
(4.) Besides the surplus to the Customs revenue and Salt Gabelle which will
serve as securities for these treasury notes the Chinese Government shall
give consideration to select other kind of reliable securities and reach an
agreement with the Japanese Minister at Peking at an early date. The
Government of China agrees to give priority to such treasury notes upon
re-organization of the Chinese foreign loans.
(5.) If the above-mentioned securities are not sufficient to meet the principaL
or interest of the treasury notes the Chinese Government agrees to pay
through other kind of sources.
(6.) Interest of the Chinese treasury notes shall be paid twice a year begin-
ning from the day of the delivery of such notes.
(7.) The place for the redemption of principal or interest of these treasury
notes is decided to be at Tokyo and to be managed through the Yokohama
Specie Bank, but if the place for delivery of payments or the name of
banks should be changed for the convenience of the Japanese Govern-
ment, it must be arranged with the Chinese Government.
(8.) The Government of China shall free the treasury notes and coupons as
well as the redemptions of the principal or interest of the said treasury
notes from all taxes or duties.
216 THE TEANSFEE OF SHANTUNG
(9.) These treasury notes may after delivery be partially or completely trans-
ferred to others at the convenience of the Japanese Government.*
(10.) These notes shall be known as the treasury notes in Japanese gold yen
for the compensation of public properties and salt industries at Tsingtao.
(11.) These treasury notes shall have attached to them half-yearly interest
coupons and shall bear all the conditions such as marks, numbers, date
of delivery, the signatures of Chinese representatives, seals, amount of
interest, period of redemption, security, certificate for the payment by the
Chinese Government, mode of payment for principal and interest, and the
underwriters. The treasury notes are to be divided into two kinds of
100,000 yen and 500,000 yen to be made up in accordance with the
numbers required.
(12.) Expenses for the printing of the treasury notes shall be borne by the
Chinese Government.
(13.) Pending the delivery of the formal Chinese treasury notes, the Chinese
Government shall give a provisional certificate.
Section YIII.—Mines
Art. XXI.—The Governments of China and Japan, with a view to organize a
Company in accordance with Article XXII. of the Treaty for the Settlement of Out-
standing Questions Relative to Shantung, shall cause entrepreneurs to be selected by
the capitalists respectively who will organize a company for the conduct of the
business.
Art. XXII.—Upon the establishment of the Company organized in accordance
with a special charter from the Chinese Government, the Japanese Government
shall transfer all the mines of Tzechuen, Fangtze and Chinglinchen to the said
company.
Art. XXIII.—The above-mentioned Company shall be a Sino-Japanese joint
concern. Its capital and additional investments shall be divided equally by Chinese
and Japanese nationals.
Art. XXIV.—The amount of the total payment to Japan to be made by the said
Company shall be Y. 5,000,000.
Art. XXV.—The detailed arrangements for the payment of the amount men-
tioned in the above Article shall be arranged after the latter’s establishment.
Section IX.—Maritime Customs
Art. XXVI—The Government of China agrees to continue the present bonded
warehouse system.
Art. XXVII.—The Government of China agrees to free from import duty such
articles mentioned in (c) of Article III. in the Amendment to the Maritime Customs
Agreement of 1905, as were purchased before the date of February 4th, 1922, for
four years beginning from the said date.
Art. XXVIII.—The Government of China agrees to accord similar treatment to
the factories within the former German Leased Territory of Kiaochow as given to
factories in the other ports after the 10th day of the 12th month of the 11th year,
but upon change of such regulations after such date all materials and articles im-
ported to the factories in accordance with the agreement of April 17th, 1907, which
could be proved to the Maritime Customs upon delivery of necessary certificates may
still take advantage of the said agreement.
In witness whereof the respective commissioners have signed the present
agreement in duplicates in the Chinese and Japanese languages, and have affixed
thereto their seals. Each Commission shall keep one copy in Chinese and another
copy in Japanese.
Done at the City of Peking, 1st day of 12th month of 11th year of the Chinese
Republic.
TREATIES WITH SIAM
GREAT BRITAIN
TREATY OF FRIENDSHIP AND COMMERCE
Ratifications Exchanged at Bangkok, 15th April, 1856
Art. I.—There shall henceforward be perpetual peace and friendship between^
Her Majesty and her successors, and Their Majesties the Kings of Siam and their
successors. All British subjects coming to Siam shall receive from the Siamese
Government full protection and assistance to enable them to reside in Siam in full
security, and trade with every facility, free from oppression or injury on the part of
the Siamese, and all Siamese subjects going to an English country shall receive from
the British Government the same complete protection and assistance that shall be
granted to British subjects by the Government of Siam.
Art. II.—The interests of all British subjects coming to Siam shall be placed under
the regulation and control of a Consul, who will be appointed to reside at Bangkok;
he will himself conform to, and will enforce the observance by British subjects of, all
the provisions of this Treaty, and such portions of the former Treaty negotiated by Cap-
tain Burney, in 1826, as shall still remain in operation. He shall also give effect to all
rules or regulations that are now or may hereafter be enacted for the government of
British subjects in Siam, and conduct of their trade, and for the prevention of viola-
tions of the laws of Siam. Any disputes arising between British and Siamese subjects
shall be heard and determined by the Consul, in conjunction with the proper
Siamese officers; and criminal offences will be punished, in the case of English
offenders, by their own laws, through the Siamese authorities. But the Consul shall,
not interfere in any matters referring solely to Siamese, neither will the Siamese
authorities interfere in questions which only concern the subjects of Her Britannic
Majesty.
It is understood, however, that the arrival of the British Consul at Bangkok shall
not take place before the ratification of this Treaty, nor until ten vessels owned by
British subjects sailing under British colours and with British papers shall have
entered the port of Bangkok for the purposes of trade, subsequent to the signing of
this Treaty.
Art. HI.—If Siamese in the employ of British subjects offend against the law of
their country, or if any Siamese having so offended, or desiring to desert, take refuge
with a British subject in Siam, they shall be searched for, and, upon proof of their
guilt or desertion, shall be delivered up by the Consul to the Siamese authorities. In
like manner any British offenders resident or trading in Siam who may desert, escape
to, or hide themselves in, Siamese territory, shall be apprehended and delivered over
to the British Consul on his requisition. Chinese not able to prove themselves to be
British subjects shall not be considered as such by the British Consul, nor be entitled
to his protection.
Art. IV.—British subjects are permitted to trade freely in all the seaports of Siam,,
but may reside permanently only at Bangkok, or within the limits assigned by this
Treaty. British subjects coming to reside at Bangkok may rent land, buy or build
248 TREATY BETWEEN GREAT BRITAIN AND SIAM
houses, but cannot purchase land within a circuit of 200 sen (not more than 4 miles
English) from the city walls, until they shall have lived in Siam for ten years, or shall
•obtain special authority from the Siamese Government to enable them to do so. But
with the exception of this limitation, British residents in Siam may at any time buy or
rent houses, lands, or plantations, situated anywhere within a distance of twenty-four
hours’ journey from the city of Bangkok, to be computed by the rate at which boats of
the country can travel. In order to obtain possession of such land or houses, it will be
necessary that the British subject shall, in the first place, make application through the
Consul to the proper Siamese officers; and the Consul, having satisfied himself of the
honest intention of the applicant, will assist him in settling, upon equitable terms, the
amount of the purchase money, will mark ont and fix the boundaries of the property,
•and will convey the same to the British purchaser under sealed deeds. Whereupon
he and his property shall be placed under the protection of the Governor of the district
and that of the particular local authorities; he shall conform, in ordinary matters, to
any just directions given him by them, and will be subject to the same taxation that is
levied on Siamese subjects. But if, through negligence and want of capital or other
•Cause, a British subject should fail to commence the cultivation or improvement of the
land so acquired within a term of three years from the date of receiving possession
thereof, the Siamese Government shall have the power of resuming the property, upon
returning to the British subject the purchase-money paid by him for the same.
Art. Y.—All British subjects intending to reside in Siam shall be registered at
the British Consulate. They shall not go out to sea, nor proceed beyond the limits
assigned by this Treaty for the residence of British subjects, without a passport from
the Siamese authorities, to be applied for by the Britsh Consul; nor shall they leave
Siam if the Siamese authorities show to the British Consul that legitimate objection
•exists to their quitting the country. But within the limits appointed under the
preceding article, British subjects are at liberty to travel to and fro under protection
of a pass, to be furnished them by the British Consul and counter-sealed by the proper
Siamese officer, stating, in the Siamese characters, their names, calling, and description.
The Siamese officers of the Government stations in the interior may, at any time, call
for the production of this pass, and immediately on its being exhibited they must
allow the parties to proceed; but it will be their duty to detain those persons who, by
travelling without a pass from the Consul, render themselves liable to the suspicion of
their being deserters; and such detention shall be immediately reported to the Consul.
Art. YI.—All British subjects visiting or residing in Siam shall be allowed the
free exercise of the Christian religion and liberty to build churches in such localities
as shall be consented to by the Siamese authorities. The Siamese Government will
place no restriction upon the employment by the English of Siamese subjects as
servants, or in any other capacity. But whenever a Siamese subject belongs to or owes
service to some particular master, the servant who engages himself to a British
subject without the consent of his master may be reclaimed by him; and the Siamese
Government will not enforce ah agreement between a British subject and any Siamese
in his employ unless made with the knowledge and consent of the master who has a
'right to dispose of the services of the person engaged.
Art. YII.—British ships of war may enter the river and anchor at Paknam,
but they shall not proceed above Paknam, unless with the consent of the Siamese
authorities; which shall be given when it is necessary that a ship shall go into dock for
repairs. Any British ship of war conveying to Siam a public functionary accredited
by Her Majesty’s Government to the Court of Bangkok shall be allowed to come up to
Bangkok, but shall not pass the forts called Pong Phrachamit and Pit-patch-nuck,
unless expressly permitted to do so by the Siamese Government; but in the absence
bf a British ship of war the Siamese authorities engage to furnish the Consul with a
-force sufficient to enable him to give effect to his authority over British subjects and
to enforce discipline among British shipping.
Art. VIII.—The measurement duty hitherto paid by British vessels trading to
Bangkok under the Treaty of 1826 shall be abolished from -the date of this Treaty
TEEATY BETWEEN GREAT BRITAIN AND SIAM 249
coming into operation, and British shipping and trade will henceforth be only subject
to the payment of import and export duties on the goods landed or shipped. ’On all
articles of import the duties shall be three per cent., payable at the option of the
importer, either in kind or money, calculated upon the market value of the goods.
Drawback of the full amount of duty shall be allowed upon goods found unsaleable
and re-exported. Should the British merchant and the Custom-house officers dis-
agree as to the value to be set upon imported articles, such disputes shall be referred
to the Consul and proper Siamese officer, who shall each have the power to call in an.
equal number of merchants as assessors, not exceeding two on either side, to assist
them in coming to an equitable decision.
Opium may be imported free of duty, but can only be sold to the Opium Farmer
or his agents. In the event of no arrangement being effected with them for the sale
of the opium, it shall be re-exported, and no impost or duty shall be levied thereon.
Any infringement of this regulation shall subject the opium to seizure and confisca-
tion. ,
Articles of export from the time of production to the date of shipment shall pay
one import duty, whether this be levied under the name of inland tax, transit duty, or
duty on exportation. The tax or duty to be paid on each article of Siamese produce
previous to or upon exportation is specified in the tariff attached to this Treaty ; and
it is distinctly agreed that goods or produce which pay any description of tax in the
interior shall be exempted from any further payment of the duty on exportation.,
English merchants are to be allowed to purchase directly from the producer the
articles in which they trade, and in like manner to sell their goods directly to the
parties wishing to purchase the same, without the interference, in either case, of any
other person.
The rates of duty laid down in the tariff attached to this Treaty are those that are-
now paid upon goods or produce shipped in Siamese or Chinese vessels or junks; and
it is agreed that Biitish shipping shall enjoy all the privileges now exercised by, or
which hereafter may be granted to, Siamese or Chinese vessels or junks.
British subjects will be allowed to build ships in Siam, on obtaining permission
to do so from the Siamese authorities.
Whenever a scarcity may be apprehended of salt, rice, or fish, the Siamese-
Govemment reserve to themselves the right of prohibiting, by public proclamation,,
the exportation of these articles.
Bullion or personal effects may be imported free of charge.
Art. IX.—The code of regulations appended to this Treaty shall be enforced by
the Consul, with the co-operation of the Siamese authorities; and they, the said'
authorities and Consul, shall be enabled to introduce any further regulations which
may be necessary in order to give effect to the objects of this Treaty.
All fines and penalties inflicted for infraction of the provisions and regulations-
of this Treaty shall be paid to the Siamese Government.
Until the British Consul shall arrive at Bangkok and enter upon his functions
the consignees of British vessels shall be at liberty to settle with the Siamese
authorities all questions relating to their trade.
Art. X.—The British Government audits subjects will be allowed free and equal
participation in any privileges that may have been, or may hereafter be, granted by
the Siamese Government to the government or subject of any other nation.
Art. XI.—After the lapse of ten years from the date of the ratification of this-
Treaty, upon the desire of either the British or Siamese Government, and on twelve
months’ notice being given by either party, the present and such portions of the-
Treaty of 1826 as remain unrevoked by this Treaty, together with the Tariff and
the Regulations hereunto annexed, or those that may hereafter be introduced, shall be
subject to revision by Commissioners appointed on both sides for this purpose, who
will be empowered to decide on and insert therein such amendments as experience-
shall prove to be desirable.
■GENERAL REGULATIONS UNDER WHICH BRITISH
TRADE IS TO BE CONDUCTED IN SIAM
Art. I.—The master of any English ship coming to Bangkok to trade must,
•either before or after entering the river, as may be found convenient, report the
arrival of his vessel at the Custom-house at Paknam, together -with the number of
his crew and guns, and the port from whence he comes. Upon anchoring his vessel
-at Paknam, he will deliver into the custody of the Custom-house officers all his guns
and ammunition; and a Custom-house officer will then be appointed to the vessel,
and will proceed in her to Bangkok.
Art. II.—A vessel passing Paknam without discharging her guns and ammuni-
tion as directed in the foregoing regulation will be sent back to Paknam to comply
with its provisions, and will be fined eight hundred ticals for having so disobeyed.
After delivery of her guns and ammunition she will be permitted to return to
Bangkok to trade.
Art. III.—When a British vessel shall have cast anchor at Bangkok, the master,
unless a Sunday should intervene, will within four and twenty hours after arrival
proceed to the British Consulate, and deposit there his ship’s papers, bills of lading,
etc., together with a true manifest of his import cargo; and upon the Consuls
reporting these particulars to the Custom-house permission to break bulk will at once
•be given by the latter.
For neglecting so to report his arrival or for presenting a false manifest, the
master will subject himself, in each instance, to a penalty of four hundred ticals ; but
he will be allowed to correct, within twenty-four hours after delivery of it to the
Consul, any mistake he may discover in his manifest, without incurring the above-
mentioned penalty.
Art. IV.—A British vessel breaking bulk, and commencing to discharge, before
due permission shall be obtained, or smuggling, either when in the river or outside
-the bar, shall be subject to the penalty of eight hundred ticals and confiscation of
the goods so smuggled or discharged.
Art. V.—As soon as a British vessel shall have discharged her cargo and
completed her outward lading, paid all her duties and delivered a. true manifest of
her outward cargo to the British Consul, a Siamese port-clearance shall be granted
her on application from the Consul, who in the absence of any legal impediment to
sher departure, will then return to the master his ship’s papers, and allow the vessel
to leave. A Custom-house officer will accompany the vessel to Paknam; and on
arriving there she will be inspected by the Custom-house officers of that station, and
will receive from them the guns and ammunition previously delivered into their
charge. The above regulations, numbered from 1 to 5, are obligatory under the
Treaty concluded between Great Britain and Siam; those which follow, numbered
from 6 to 14, are equally to be observed by masters of British vessels and their crews.
Art. VI.—Masters of British vessels, when reporting their arrival at Her Majesty’s
Consulate at the port of Bangkok, as directed by the fourth regulation above quoted,
shall notify in writing the names of all passengers and persons not forming part of
the registered crew.
Notice must likewise be given of the number and names of persons, who, as
passengers or in any other capacity (seamen borne on the muster-roll excepted), in-
tend to leave Siam in a British vessel.
Art. VII.—Seamen, lascars, and others belonging to British vessels in the port
are strictly prohibited to wear side knives and other weapons while on shore.
Art. VIII.—Should any seaman or apprentice absent himself without leave, the
master will report his absence, if such exceeds twenty-four hours, at the Consulate
•offices.
Art. IX.—Any British subject who entices a seaman or apprentice to desert,
incurs, according to the Merchant Shipping Act, 1854, paragraph 257, a penalty not
TARIFF OF DUTIES—SIAM 251
exceeding ten pounds; or any such subject who wilfully harbours or secretes a person
deserted from his ship incurs a penalty not exceeding twenty pounds, if it be proved,
that he had knowledge of his being a deserter.
In default of the payment of such fines, the offender is to be imprisoned in the
Consular gaol for any term not exceeding three months, with or without hard labour.
Art. X.—All cases of death, and especially of sudden death, occurring on board,
of British vessels in the port of Bangkok must be immediately reported at the
Consulate.
Art. XI.—The discharge of guns from vessels anchored in the port of Bangkok,
without notice having been previously given, and permission obtained through H.M.
Consul from the proper Siamese authority, is forbidden, under a penalty not exceed-
ing ten pounds.
Art. XII.—It is strictly prohibited to shoot birds within the precincts of the
Wats or Temples, either in Bangkok or elsewhere within the Siamese dominions, or to-
injure or damage any of the statues or figures, the trees or shrubs in such localities of
Siamese worship; any British subject or seaman of a British vessel guilty of such an act
renders himself liable to a penalty not exceeding twenty pounds, or in default thereof
to an imprisonment in the Consular gaol for a period of not more than one month.
Art. XIII.—When a vessel under the British flag is ready to leave the port of
Bangkok, the master will give notice at the Consulate office, and hoist a blue peter
twenty-four hours before departure, which is to fly until she breaks anchorage.
Art. XIV.—Should any vessel take in or discharge cargo subsequent to the issue-
of the Siamese port clearance, as directed by the fifth regulation above quoted, the
master, as in a case of smuggling, subjects himself to a penalty of 800 ticals (equal)
to .£100), and goods so taken or discharged will be liable to confiscation.
Art. XV.—Every fine or penalty levied under these regulations is (if not paid
in sterling money) at the rate of eight ticals Siamese currency for one pound.
Tariff of Export and Inland Duties to be levied on Articles of Trade
I.—The undermentioned Articles shall be entirely free from Inland or other
taxes, on production of transit pass, and shall pay Export Duty as follows:—
Ivory ..., Tical Salung Fuang Hun 0 per picul
Gamboge
Rhinoceros’ horns
Cardamons,
Cardamons, best
bastard
Dried mussels
Pelicans’ quills
Betel nut,
Krachi wood dried
Sharks’
Sharks’ fins, white
fins,seed
black
Lukkrabau
Peacocks’ tails
Buffalo and
Rhinoceros’ cow
hidesbones
Hide cuttings
Turtle shell
Soft ditto
Beohe-de-mer
Fish
Birds’maws
nests,feathers
uncleaned
Kingfishers’
Cutch per 100
per picul.
Beyche
Pungtaraiseedseed(Nux Vomica) ..
Gum
AngraiBenjamin
bark
Agilla wood
1 Ray skins
Old
Soft,deers’ hornsditto
or young 10 per cent.
252 AGEEEMENT RELATIVE TO THE REGISTRATION
3233 Deer bides, fine . Tical 8 Salung 0 Ftjang
00 Hun
00 per 100 hides
Deer
3435 Buffalo hides,
Deer sinews common 43 0
0 0 00 per picul
andbones
cow hides 10 00
373836 Elephants’
Tigers’ bones
Buffalo hornshides 0051 0
010 0 00
0 per skin
3940 Tigers’
Elephants’
skin 0 10
10 0
0
4112 Armadillo
4344 Sticklac
Hemp
skins 4110
12
0 0
00 003 per picul
Dried Fish, Plaheng . 12 80
4546 Sapamvood
Dried Fish, Plusalit . 021020 01
00
4748 Mangrove
Salt meat bark
4950 Rosewood 03 10O0
2 00
51 Rice Ebony 4 110 4 0 00 per koyan
II.—The undermentioned Articles being subject to the Inland or Transit duties
^herein named, and which shall not be increased, shall be exempt from export duty:—
5253 Sugar,„ White
Red
Tical
00 Salun 210 Fuang 0 Hun 0 per picul i
5455 Cotton, clean and uncleaned. 1010 per cent. 0 „
Paper
6657 Beans
Salt fish.andPlat 10 0 0 o0 p. 1,000 fish j
5859 Dried Prawns Peas one twelfth
60 Bees’ Tilseed
Silk, raw
626361 Tawool
Salt
wax 10
6
one fifteenth 0 0 per picul
64 Tobacco 120 00 00 p.per1,000koyan
bdles.
III.—All goods or produce unenumerated in this Tariff shall be free of Export
Duty, and shall only be subject to one Inland Tax or Transit Duty, not exceeding ’
-the rate now paid.
AGREEMENT RELATIVE TO THE REGISTRATION
OE BRITISH SUBJECTS IN SIAM
Signed at Bangkok, November 29th, 1899
The Governments of Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India, and of His Majesty the King of Siam,
•recognizing the necessity of having a satisfactory arrangement for the registration
•of British subjects in Siam, the undersigned, Her Britannic Majesty’s Minister
Resident and His Siamese Majesty’s Minister for Foreign Affairs, duly authorized to
that effect, have agreed as follows:—
Art. I.—The registration according to Article Y. of the Treaty of April 18th,
1885, of British subjects residing in Siam, shall comprise the following categories-. !
1. All British natural born or naturalized subjects, other than those of Asiatic
■descent.
2. All children and grandchildren bom in Siam of persons entitled to be
•in contemplation of English law.
Neither great-grandchildren nor illegitimate children born in Siam of persons
■mentioned in the first category are entitled to be registered.
OF BRITISH SUBJECTS IN SIAM 253
3. All persons of Asiatic descent, born within the Queen’s dominions, or
naturalized within the United Kingdom, or born within the territory of any Prince
or State in India under the suzerainty of, or in alliance with, the Queen, except
natives of Upper Burmah or the British Shan States who became domiciled in
Siam before January 1st, 1886.
4. All children born in Siam of persons entitled to be registered under the
third category.
No grandchildren born in Siam of persons mentioned in the third category are
entitled to be registered for protection in Siam.
5. The wives and widows of any persons who are entitled to be registered under
the foregoing categories.
Art. II.—The lists of such registration shall be open to the inspection of a
properly authorized representative of the Siamese Government on proper notice
being given.
Art. III.—If any question arises as to the right of any person to hold a British
•certificate of registration or as to the validity of the certificate itself, a joint inquiry
-shall be held by the British and Siamese authorities and decided according to the
•conditions laid down in this Agreement, upon evidence to be adduced by the holder
•of the certificate, in the usual way.
Art. IV.—Should any action, civil or criminal, be pending while such inquiry is
going on, it shall be determined conjointly in what Court the case shall be heard.
Art. V.—If the person, in respect of whom the inquiry is held, come within the
•conditions for registration laid down in Article I., he may, if not yet registered,
forthwith be registered as a British subject and provided with a certificate of
registration at Her Britannic Majesty’s Consulate; otherwise he shall be recognized
as falling under Siamese jurisdiction, and, if already on the lists of Her Britannic
Majesty’s Consulate, his name shall be erased.
In witness whereof the undersigned have signed the same in duplicate and have
affixed thereto their seals at Bangkok, on the 29th day of November, 1899, of the
Christian era, corresponding to the 118th year of Batanakosindr.
[Seal] (Signed) George Greville.
„ „ Devawongse Varoprakar.
TREATY BETWEEN GREAT BRITAIN AND SIAM
Signed at Bangkok, March 10th, 1909
Ratifications Exchanged at London, July 9th, 1909
His Majesty the King of the United Kingdom of Great Britain and Ireland and
of the British Dominions beyond the Seas, Emperor of India, and His Majesty the
King of Siam, being desirous of settling various questions which have arisen affect-
ing their respective dominions, have decided to conclude a Treaty, and have appointed
for this purpose as their Plenipotentiaries:
His Majesty the King of Great Britain, Balph Paget, Esq., his Envoy Extra-
ordinary and Minister Plenipotentiary, etc.; His Majesty the King of Siam, His
Royal Highness Prince Devawongse Varoprakar, Minister for Foreign Affairs, etc.;
who, after having communicated to each other, their respective full powers, and
found them to be in good and due form, have agreed upon and concluded the follow-
ing Articles:—
Art. I.—The Siamese Government transfers to the' British Government all
rights of suzerainty, protection, administration, and control whatsoever, which they
possess over the States of Kelautan, Tringganu, Kedah, Perlis, and adjacent islands.
The frontiers of these territories are defined by the Boundary Protocol annexed hereto.
254 TREATY BETWEEN GREAT BRITAIN AND SIAM
Art. II.—The transfer provided for in the preceding Article shall take place
within thirty days after the ratification of this Treaty.
Art. III.—A mixed Commission, composed of Siamese and British officers, shall
be appointed within six months after the date of ratification of this Treaty, and shall
be charged with the delimitation of the new frontier. The work of the Commission^
shall be commenced as soon as the season permits, and shall be carried out in
accordance with the Boundary Protocol annexed hereto.
Subjects of His Majesty the King of Siam residing within the territory de-
scribed in Article I. who desire to preserve their Siamese nationality will, during the
period of six months after the ratification of the present Treaty, be allowed to do so
if they become domiciled in the Siamese dominions. His Britannic Majesty’s
Government undertake that they shall be at liberty to retain their immovable
property within the territory described in Article I.
It is understood that in accordance with the usual custom where a change of
suzerainty takes place any Concessions within the territories described in Article I.
hereof to individuals or companies, granted by or with the approval of the Siamese
Government, and recognized by them as still in force on the date of the signature of
the Treaty, will be recognized by the Government of His Britannic Majesty.
Art. IV.—His Britannic Majesty’s Government undertake that the Government
of the Federated Malay States shall assume the indebtedness to the Siamese Govern-
ment of the territories described in Article I.
Art. V.—The jurisdiction of the Siamese International Courts, established by
Article VIII. of the Treaty of the 3rd September, 1883, shall, under the conditions
defined in the Jurisdiction Protocol annexed hereto, be extended to all British sub-
jects in Siam registered at the British Consulates before the date of the present Treaty,
This system shall come to an end and the jurisdiction of the International
Courts shall be transferred to the ordinary Siamese Courts after the promulgation
and the coming into force of the Siamese codes, namely, the Penal Codei the Civil
and Commercial Codes, the Codes of Procedure, and the Law for organization of
Courts.
All other British subjects in Siam shall be subject to the jurisdiction of the
ordinary Siamese Courts under the conditions defined in the Jurisdiction Protocol.
Art. VI.—^British subjects shall enjoy throughout the whole extent of Siam the
rights and privileges enjoyed by the natives of the country, notably the right of
property, the right of residence and travel.
They and their property shall be subject to all taxes and services, but these
shall not be other or higher than the taxes and services which are or may be imposed
by law on Siamese subjects. It is particularly understood that the limitation in the
Agreement of the 20th September, 1900, by which the taxation of land shall not
exceed that on similar land in Lower Burmah, is hereby removed.
British subjects in Siam shall be exempt from all military service, either in the
army or navy, and from all forced loans or military exactions or contributions.
Art. VII.—The provisions of all Treaties, Agreements, and Conventions between
Great Britain and Siam, not modified by the present Treaty, remain in full force.
Art. VIII.—The present Treaty shall be ratified within four months from its date.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, in the year 1909.
[Seal] (Signed) Ralph Paget.
„ „ Devawongse Varoprakab.
Annex 1
Boundary Protocol annexed to the Treaty
The frontiers between the territories of His Majesty the King of Siam and the
territory over which his suzerain rights have by the present Treaty been transferred
His to Majesty the King of Great Britain and Ireland are as follows:—
TREATY BETWEEN GREAT BRITAIN AND SIAM 255
Commencing from the most seaward point of the northern bank of the estuary
of the Perlis River and thence north to the range of hills which is the watershed
between the Perlis River on the one side and the Pujoh River on the other; then
following the watershed formed by the said range of hills until it reaches the main
watershed or dividing line between those rivers which flow into the Gulf of Siam on
the one side and into the Indian Ocean on the other; following this main watershed
so as to pass the sources of the Sungei Patani, Sungei Telubin, and Sungei Perak,
to a point which is the source of the Sungei Pergau; then leaving the main watershed
and going along the watershed separating the waters of the Sungei Pergau from
the Sungei Telubin, to the hill called Bukit Jeli or the source of the main stream of
the Sungei Golok. Thence the frontier follows the thalweg of the main stream of
the Sungei Golok to the sea at a place called Kuala Tabar.
This line will leave the valleys of the Sungei Patani, Sungei Telubin, and Sungei
Tanjung Mas and the valley on the left or west bank of the Golok to Siam and the
whole valley of the Perak River and the valley on the right or east bank of the
■Golok to Great Britain.
Subjects of each of the parties may navigate the whole of the waters of the
Sungei Golok and its affluents.
The island known as Pulo Langkawi, together with all the islets south of mid-
-channel between Terutau and Langkawi and all the islands south of Langkawi shall
become British. Terutau and the islets to the north mid-channel shall remain
to Siam.
With regard to the islands close to the west coast, those lying to the north of
the parallel of latitude where the most seaward point of the north bank of the
Perlis River touches the sea shall remain to Siam, and those lying to the south of
that parallel shall become British.
All islands adjacent to the eastern States of Kelantan and Tringganu, south of
a parallel of latitude drawn from the point where the Sungei Golok reaches the coast
at a place called Kuala Tabar shall be transferred to Great Britain, and all islands
to the north of that parallel shall remain to Siam.
A rough sketch of the boundary herein described is annexed hereto.
2. The above-described boundary shall be regarded as final, both by the Govern-
ments of His Britannic Majesty and that of Siam, and they mutually undertake that,
-so far as the boundary effects any alteration of the existing boundaries of any State
or province, no claim for compensation on the ground of any such alteration made
by any State or province so affected shall be entertained or supported by either.
3. It shall be the duty of the Boundary Commission, provided for in Article III.
•of the Treaty of this date, to determine and eventually mark out the frontier above
•described.
If during the operations of delimitation it should appear desirable to depart
from the frontier as laid down herein, such rectification shall not under any
•circumstance be made to the prejudice of the Siamese Government.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, 1909.
[Seal] (Signed) Ralph Paget.
„ Devawongse Varoprakab.
Annex 2
Protocol concerning the Jurisdiction applicable in the Kingdom of Siam to British
Subjects and annexed to the Treaty dated March 10, 1909.
Sec. 1.—International Courts shall be established at such places as may seem
desirable in the interests of the good administration of justice; the selection of these
places shall from the subject of an understanding between the British Minister at
Bangkok and the Siamese Minister for Foreign Affairs.
256 TREATY BETWEEN* GREAT BRITAIN A\D SIAM
. Sec. 2.—The jurisdiction,of the tntetnational Courts shall extend—
1. In civil matters: To all civil and commercial matters to, which British subjects
shall be parties.
2. In penal matters: To breaches of law of every kind, whether committed
by British subjects or to their injury.
Sec. 3.—The right of evocation in the International Courts shall be exercised
in accordance with the provisions of Article YIII. of the Treaty of the 3rd September^
1883.
The right of evocation shall cease to be exercised in all matters coming within
the scope of codes or laws regularly promulgated as soon as the text of such codes or
laws shall have been communicated to the British Legation in Bangkok. There shall
be an understanding between the Ministry for Foreign Affairs and the British
Legation at Bangkok for the disposal of cases pending at the time that the said*
codes and laws are communicated.
Sec. 4.—In' all cases, whether in the International Courts or in the ordinary
Siamese Courts in which a British subject is defendant or accused, a European legal
adviser shall sit in the Court of First Instance.
In cases in which a British born or naturalized subject not of Asiatic descent
may be a party, a European adviser shall sit as a Judge in the Court of First
Instance, and where such British subject is defendant or accused the opinion of the
adviser shall prevail.
A British subject who is in the position of defendant or accused in any case
arising in the provinces may apply for a change of venue, and should the Conrt
consider such change desirable the trial shall take place either at, Bangkok or before-
the Judge in whose Court the case would be tried at Bangkok. Notice of any such,
application shall be given to the British Consular officer.
Sec. 5.—Article IX. of the Treaty of the 3rd September, 1883, is repealed.. .
Appeals against the decisions of the International Courts of First Instance shall
be adjudged by the Siamese Court of Appeal at Bangkok. Notice of all such-
appeals shall be communicated to His Britannic Majesty’s Consul, who shall have-
the right to give a written opinion upon the case to be annexed to the record.
The judgment on an appeal from either the International Courts or the ordinary
Siamese Courts shall bear the signature of two European Judges.
Sec. 6.—An appeal on a question of law shall lie from the Court of Appeal at
Bangkok to the Supreme or Dika Court.
Sec. 7.—No plea of want of jurisdiction based on the rules prescribed,by the-
seht Treaty shall be advanced in any Court after a defence on the main issue has
m offered.
Sec. 8.—In order to prevent difficulties which may arise in future from the
transfer of jurisdiction contemplated by the present Treaty and Protocol, it is agreed
(a.) All cases in which action shall be taken subsequently to the date of the
ratification of this Treaty shall be entered and decided in the competent International
or Siamese Court, whether the cause of action arose before or after the date of
ratification.
(b.) All cases pending in His Britannic Majesty’s Courts in Siam on the date of
the ratification of this Treaty shall take their usual course in such Courts and in any
Appeal Court until such cases have been finally disposed of, and the jurisdiction of
His Britannic Majesty’s Courts shall remain n full force for this purpose.
The execution of the judgment rendered in any such pending case shall be carried
out by the International Courts.
In witness whereof the respective Plenipotentiaries have signed the present
Protocol and affixed their seals.
Done at Bangkok, in duplicate, the 10th day of March, 1909.
[Seal] (Signed) Balph Paget.
Devawongse Vaeoprakar.
TREATY BETWEEN GREAT BRITAIN AND SIAM 257
Annex 3
Mr; Paget to Prince Devawongse
M. le Ministre, March 10, 1909.
In view of the position of British possessions in the Malay Peninsula and of the
contiguity of the Siamese Malay provinces with British-protected territory, TTis
Majesty’s Government are desirous of receiving an assurance that the Siamese
Government will not permit any danger to arise to British interests through the use
of any portion of the Siamese dominions in the peninsula for military or naval
purposes by foreign Powers.
His Majesty’s Government would therefore request that the Siamese Govern-
ment shall not cede or lease, directly or indirectly, to any foreign Government any
territory situated in the Malay Peninsula south of the southern boundary of the
Monthon Rajaburi, or in any of the islands adjacent to the said territory; also that
within the limits above mentioned a right to establish or lease any coaling station, to
build or ow nany construction or repairing docks, or to occupy exclusively any harbours,
the occupation of which would be likely to be prejudicial to British interests from a
strategic point of view, shall not be granted to any foreign Government or Company.
Since this assurance is desired as a matter of political expediency only, the
phrase “coaling station” would not be held to include such small deposits of coal as
may be required for the purposes of the ordinary shipping engaged in the Malay
Peninsula coasting trade.
Prince Devawongse to Mr. Paget
M. le Ministre, Foreign Office, Bangkok, March 10, 1909.
I have the honour to acknowledge receipt of your note of this date, in which
you express the desire of your Government that the Siamese Government shall not
cede or lease, directly or indirectly, to any foreign Government any territory situated
in the Malay Peninsula south of the southern boundary of the Monthon Rajaburi
or in any of the islands adjacent to the said territory; also that within the limits
above-mentioned a right to establish or lease any coaling station, to build or own any
construction or repairing docks, or to occupy exclusively any harbours, the occupation
of which would be likely to be prejudicial to British interests from a strategic point
of view, shall not be granted to any foreign Government or company.
In reply, I beg to say that the Siamese Government gives its assurance to the
above effect, taking note that the phrase “coaling station” shall not include such
small deposits of coal as may be required for the purposes of the ordinary shipping
engaged in the Malay Peninsula coasting trade.
(Signed) Devawongse Varoprakar.
Prince Devawongse to Mr. Paget
M. le Ministre, Foreign Office, Bangkok, March 10, 1909.
With reference to the provision contained in Article IY. of the Jurisdiction
Protocol to the effect that in all cases in which a British subject is defendant or
accused a European adviser shall sit in Court, I would express the hope, on behalf of
His Majesty’s Government, that His Britannic Majesty’s Government will be prepared
in due course to consider the question of a modification of or release from this
guarantee when it shall be no longer needed; and, moreover, that in any negotiations
in connection with such a modification or release the matter may be treated upon its
merits alone, and not as a consideration for which some other return should be expected.
The Siamese Government appreciates that a Treaty like the one signed to-day
marks an advance in the administration of justice in the kingdom. The conclusion
of such a Treaty is in itself a sign of progress. It is the intention of the Siamese
Government to maintain the high standard in the administration of justice which it
has set before it, and towards which it has been working for some time.
In this connection I take pleasure in acknowledging the contribution which Mr.
J. Stewart Black has made to this work.
9
258 TREATY BETWEEN UNITED KINGDOM AND SIAM
I wish also to say that provision will be made for the treatment of European
prisoners according to the standard usual for such prisoners in Burmah and the
Straits Settlements.
(Signed) Devawongse Varopkakar.
Mr. Paget to Prince Devawongse
M. le Ministre, March 10, 1909.
With reference to the guarantee contained in the first paragraph of Article 1Y. of
the Jurisdiction Protocol, I have the honour to state that His Majesty’s Government
will be prepared in due course to consider the question of modification of or release
from this guarantee when it shall no longer be needed. His Majesty’s Government
are also willing that in any negotiations in connection with such a modification or
release the matter shall be treated upon its merits alone, and not as a consideration
for which some other return shall be expected.
His Majesty’s Government learn with much satisfaction that it is the intention
of the Siamese Government to maintain the high standard in the administration of
justice which it has set before it, and towards which it has been working for some
time; and I may assure your Royal Highness that it will be the aim of His Majesty’s
Government in every manner to second the efforts of His Siamese Majesty’s Govern-
ment in this direction.
I wish also to say that the International Courts referred to in Section 1 of the
Protocol on Jurisdiction annexed to the Treaty signed to-day need not necessarily be
Courts specially organized for this purpose. Provincial (“Monthon”) Courts or
District (“ Muang”) Courts may constitute International Courts, according as British
subjects may be established in greater or less number within the jurisdiction of those
Courts. The fact that an ordinary Court is designated as an International Court will
have as a consequence the introduction into that ordinary Court of all the provisions
relating to International Courts secured by the Protocol on Jurisdiction.
(Signed) Ralph Paget.
AGREEMENT BETWEEN THE UNITED KINGDOM AND
SIAM RESPECTING THE RENDITION OE EUGITIVE
CRIMINALS BETWEEN THE STATE OE
NORTH BORNEO AND SIAM
Signed at Bangkok, September 18th, 1913
The Government of His Britannic Majesty and the Government of His Siamese
Majesty, being desirous of regulating the rendition of fugitive criminals between
the State of North Borneo under the protection of His Britannic Majesty and the
territories of His Majesty the King of Siam, hereby agree as follows:—
Art. I.—The provisions of the Extradition Treaty between His Britannic
Majesty and His Majesty the King of Siam, signed at Bangkok on the 4th day of
March, 1911, shall be deemed to apply, so far as local circumstances permit, to the
rendition of fugitive criminals between the territories of His Majesty the King of
Siam and the State of North Borneo.
Art. II.—In pursuance of the provisions of Article 3 of the said Extradition Treaty
there shall reciprocally be no obligation on the part of the State of North Borneo to
surrender to Siam any person who is a subject of that State or a British subject.
Done in duplicate at Bangkok, the 18th day of September, in the year 1913 of
Christ, and in the year 2456 of Buddha.
[l.s.] Arthur Peel.
„ Devawongse Yaroprakar.
FOREIGN JURISDICTION
STATUTORY RULES AND ORDERS, 1909, No. 754
The Siam Ordek-in-Council, 1909
At. the Court at Buckingham,’ Palace, the 28th day of June, 1909
Present:
Lord President. Sir Frederick M. Darley.
Lord Steward. Mr. Herbert Samuel.
Earl Grey. Mr. C. E. H. Hobhouse.
Earl Carrington. Mr. Russell Rea.
Whereas by Treaty, grant, usage, sufferance, and other lawful means, His
Majesty the King has power and jurisdiction within the dominions of the King of
Siam:
And whereas the exercise of the power and jurisdiction aforesaid is now
regulated by the Siam Order-in-Council, 1906:
And whereas by a Treaty between His Majesty the King and His Majesty
the King of Siam, signed in Bangkok on the 10th day of March, 1909, the
States of Kelantan, Tringganu, Kedah, Perlis, and the adjacent islands,
were transferred to the Government of His Majesty, the frontiers of the said
territories being defined in the Boundary Protocol annexed to the said Treaty:
And whereas by Article of the said Treaty it was agreed that the jurisdiction of
the Siamese International Courts, established by Article YIII. of the Treaty of the 3rd
September, 18^3, between Her late Majesty Queen Victoria and His Majesty the
King of Siam, should, under the .conditions defined in the Jurisdiction Protocol
annexed to the said recited Treaty of the 10th March, 1909, and printed in the
Schedule to this Order, be extended to all British subjects in Siam registered at the
British Consulates before the date! of the said Treaty, and that this system should
come to an end, and the jurisdiction of the International Courts should be trans-
ferred to the ordinary Siamese Courts after the promulgation and the coming into
force of the Siamese codes, namely, the Penal Code, the Civil and Commercial Codes,
the Codes of Procedure, and the Law for Organization of Courts, and that all other
British subjects in Siam should be subject to the jurisdiction of the ordinary Siamese
Courts under the conditions defined in the said Jurisdiction Protocol.
Now, therefore, His Majesty, by virtue and in exercise of the powers in this
behalf by “ The Foreign Jurisdiction Act, 1890,” or otherwise in His Majesty vested,
is pleased, by and \yith the advice of His Privy Council, to order, and it is hereby
ordered, as follows :—
1. This Order may be cited as “The Siam Order-in-Council, 1909,” and shall be
read as one with the “Siam Order-in-Council, 1906,” hereinafter called the
“Principal Order.”
9*
FOREIGN JURISDICTION BETWEEN GREAT BRITAIN AND SIAM
2. From and after the commencement of this Order tbe Principal Order shall, ex-
cept as regards any judicial matters pending in any Court established by the Principal
Order on the day above mentioned, cease to be in force and operation in the States
of Kelantan, Tringganu, Kedah, Perlis, and the adjacent islands, being the
territories transferred to the control of His Majesty’s Government, the frontiers
whereof are defined by the Boundary Protocol annexed to the said Treaty.
3. With respect to any civil or criminal case arising within the limits of the
Principal Order, elsewhere than in the districts referred to in Article II., between
British subjects who were registered at the date of the said Treaty in accordance
with Part VIII. of the Principal Order, or in which a British subject so registered
may be a party as complainant, accused, plaintiff, or defendant, the Principal Order
shall not operate or have any effect so long as the said Treaty of the 10th March,
1909, continues in force, unless and until such case shall have been transferred by an
exercise of the right of evocation in accordance with the provisions of the Jurisdiction
Protocol annexed to the said Treaty and printed in the Schedule hereto to a Court
established under the Principal Order.
4. Notwithstanding anything contained in Article III., the Courts established by
the Principal Order shall continue to transact all non-contentious business in relation
to the probate of wills and the administration of estates of deceased British subjects
who were registered in accordance with Part VIII. of the Principal Order at the date
of the said Treaty; but, except as to non-contentious business, the provisions of
Article III. shall apply in matters of probate and administration.
5. “The Foreign Jurisdiction (Probates) Order-in-Council, 1908,” shall not
operate in Siam, except to the extent and in the cases where the provisions of the
Principal Order are in operation.
6. With respect to all civil or criminal cases, other than those referred to in
Articles III. and IV., arising within the limits of the Principal Order, elsewhere than in
the districts referred to in Article II., the Principal Order shall not operate or have
effect so long as the said Treaty continues in force.
7. Where a case is transferred from an International Court to a Court established
by the Principal Order, such Court shall give such directions as seem proper for its
determination, having regard to the proceedings (if any) in the International Court.
In determining such case the Court shall apply any Siamese law, other than a law
relating to procedure, which would have been applied in the International Court.
In a criminal case, if the accused is handed over by the International Court in
custody, he may be detained in custody as if he had been arrested under a warrant
on the day on which he is handed over.
8. Criminal or civil proceedings which have been instituted in any Court
established under the Principal Order before the commencement of this Order shall
not be affected by this Order.
9. Articles CXXXIX. to CLIII. (inclusive), CLV1. and CLVII. of the Principal
Order are hereby repealed, but such repeal shall not affect the past operation of such
Articles, or any right, title, obligation or liability accrued or the validity or invalidity of
anything done or suffered under such Articles before the commencement of this Order.
10. This Order shall commence and have effect on such date as the Minister
shall appoint.
And the Eight Honourable Sir Edward Grey, Baronet, one of His Majesty’s
Principal Secretaries of State, is to give the necessary directions herein.
A. W. Fitzroy.
FRANCE
TREATY BETWEEN ERANCE AND SIAM
Signed at Paris, February, 1904
I. —The frontier between Siam and Cambodia starts on the left ban
Great Lake, from the mouth of the River Stung Ruolos. It follows the parallel of
this point in an Eastward direction till it meets the River Freak Kompung Tiam;
then, turning Northward, it corresponds to the meridian of that point till it reaches
the Pnom Dong-rek Mountains. Thence it follows the watershed between the basins
of the Nam-Sen and the Mekong on the one side, and of the Nam-Mun on the other,
and joins the Pnon Padang range, the crest of which it follows towards the East as
far as the Mekong. Above that point the Mekong remains the frontier of the King-
dom of Siam, in conformity with Clause I. of the Treaty of October 3, 1893.
II. —With regard to the frontier between Louang-Prabang, on the
of the Mekong, and the Provinces of Muang-Phichai and Muang-Nan, it starts from
the Mekong at its confluence with the Nam-Huong, and follows the thalweg of that
river to its confluence with the Natn-Tang. Then, ascending the course of the said
River Nam-Tang, it reaches the watershed between the basins of the Mekong and the
Menan, at a point situated near Pou-Dene-Dene. From that spot it turns Northward,
•following the watershed between the two basins to the sources of the River Nam-Kop,
the course of which it follows till it meets the Mekong.
III. —The delimitation of the frontier between the Kingdom of S
territories forming French Indo-China shall be carried out. That delimitation shall
be made by mixed Commissions, composed of officers appointed by the two contracting
countries. The duties of those Commissions shall concern the frontier determined
by Clauses I. and II., as well as the region comprised between the Great Lake and
the sea. With the object of facilitating the work of the Commissions and of avoiding
•every possible difficulty in the delimitation of the frontier in the region comprised
between the Great Lake and the sea, the two Governments will come to an agreement
before nominating the mixed Commissions, fixing the principal points of the delimita-
-tion in that region, and especially the point at which the frontier will reach the sea.
The mixed Commissions shall be appointed and begin their work within four months
after the notification of the present Convention.
IV. —The Siamese Government renounces all Sovereign rig
territories of Louang-Prabang, situated on the right bank of the Mekong. Merchant
boats and wood rafts belonging to the Siamese shall have the right to navigate freely
that portion of the Mekong traversing the territory of Louang-Prabang.
V. —As soon as the Agreement stipulated for in Paragraph 2 of
relative to the delimitation of the frontier between the Great Lake and the sea, shall
have been established, and as soon as it has been officially notified to the French
authorities that the territory involved in this Agreement, and the territories situated
•to the East of the frontier, as indicated in Clauses I. and II. of the present Treaty,
are at their disposal, the French troops which provisionally occupied Chantabun, in
virtue of the Convention of October 3, 1893, shall leave that town.
VI. —The stipulations of Clause IV. of the Treaty of October 3,
replaced by the following:—“ His Majesty the King of Siam undertakes that the
droops he sends or keeps throughout the whole of the Siamese Basin of the Mekong
•shall always be troops of Siamese nationality, commanded by officers of that
nationality. The only exception to this rule is made in favour of the Siamese
Gendarmerie, at present commanded by Danish officers. Should the Siamese Govern-
ment wish to substitute for these officers foreign officers belonging to another
262 TREATY BETWEEN FRANCE AND SIAM
nationality, it must previously come to an understanding with the French Govern-
ment. So far as the Provinces of Siem-Reap, Battambang, and Sesupon are
concerned, the Siamese Government undertakes to keep there none but the Police
Contingents necessary for the maintenance of order. These contingents shall be
recruited exclusively on the spot, from among the native inhabitants.”
VII. —In future, in the Siamese portion of the Mek
Government wishes to construct ports, canals, railways (especially railways intended
to connect the Capital with any point in that basin), it will come to an agreement
with the French Government, if such works cannot be exclusively executed by
Siamese and with Siamese capital. The same would naturally apply to the working
of the said enterprises. With regard to the use of the ports, canals, and railways in
the Siamese portion of the Mekong Basin, as well as in the rest of the Kingdom, it is
understood that no differential rights shall be established, contrary to the principle of
commercial equality included in the Treaties signed by Siam.
VIII. —In execution of Clause VI. of the Convention o
of land of a superficial area to be determined shall be ceded by the Siamese Govern-
ment to the Government of the Republic at the following points situated on the right
bank of the Mekong:—Xieng-Kheng, Mong-Kheng, Mong-Sing; on the right or left
bank—Mong-Dahan, Kemmarat, and the mouth of the Nam-Mong. The two Gov-
ernments will come to an understanding to clear the course of the Nam-Moun, be-
tween its confluents with the Mekong and Pimun, of the obstacles which hinder
navigation. In case of those works being found impossible to execute, or too costly,
the two Governments will concert together for the establishment of communication
by land between Pimun and Mekong. They will also come to an understanding for
the construction between Bassak and the frontier of Louang-Prabang, of the railway
lines which may be recognised as necessary owing to the innavigability of the Mekong.
IX. —It is from the present moment agreed that the tw
facilitate the establishment of a railway connecting Pnom Penh and Battanbang, The
construction and working shall be undertaken either by the Governments themselves,
each undertaking the portion which is on its territory, or by a Franco-Siamese Com-
pany accepted by the two Governments. The two Governments are agreed on the
necessity of carrying out work for the improvement of the course of the river between
the Great Lake and Battanbang. With that object in view, the French Government
is ready to place at the disposal of the Siamese Government the technical agents it
may require, both for the execution and maintenance of the said works.
X. —The Government of his Majesty the King of Siam accep
French proteges such as they exist at the present moment, with the exception of the
persons whose licences may be recognised by both parties as having been illegally
obtained. A copy of these lists will be communicated to the Siamese authorities by
the French authorities. The descendents of the proteges thus maintained under
French jurisdiction shall not have the right to claim their licence if they do not be-
long to the category of persons described in the following Clause of the present
Convention.
XI. —Persons of Asiatic origin born in a territory subject to
tion, or placed under the Protectorate of France, except those who took up their
residence in Siam previous to the time when the territory on which they were bom
was placed under that domination, or that Protectorate, shall have the right to
French protection. French protection will be granted to the children of those
persons, but it shall not extend to their grandchildren.
,y XII.—So far as concerns the jurisdiction to which, for the future and without
•exception, all French subjects and all French proteges shall be subjected to in Siam,
•the two Governments agree to substitute for the existing regulations the following
1. In criminal matters, French subjects or French proteges shall only
be amenble to French judicial authority.
i 2. In civil matters, all actions brought by a Siamese against a Frenchman
: or French protege, shall be heard, before the French Consular. Court. A})
TREATY BETWEEN FRANCE AND SIAM
actions in which the defendant is a Siamese shall be heard before the Siamese
Court of Foreign Causes, instituted at Bangkok. Except in the provinces of
Xieng Mai, Lakhon, Lampoun, and Nan, all civil and criminal cases involving
French subjects and proteges shall be heard before the International Siamese
Court. But it is understood that in all these cases the French Consul shall
have the right of being present at the trial, or of being represented by a
duly authorised deputy, and of making all observations which may appear
to him to be required in the interest of justice. In the case of the
defendant being French or a French protege, the French Consul may, at any
time during the proceedings, if he thinks fit, and upon a written requisition,
claim to hear the case. The case shall then be transferred to the French
Consular Court, which, from this moment, shall alone be competent, and to
which the Siamese authorities are bound to give their assistance and good offices.
Appeals against the judgments delivered both by the Court of Foreign Causes,
as well as the International Court, shall be taken before the Court of Appeal at
Bangkok.
XIII. —With regard to the future admission to French pro
who are not born on territory under the direct authority or the protectorate of France,
or who may not find themselves legally naturalised, the Government of the Bepublic
shall enjoy rights equal to those which Siam may accord to any other Power.
XIV. —The Begulations under former Treaties, Agreements
between France and Siam, which are not modified by the present Convention, remain
in full force.
XV. —In case of difficulties in the interpretation of the pre
which is drawn up in French and Siamese, the French text alone shall stand.
XVI. —The present Convention shall be ratified within four
day of the signature, or earlier if possible.
ADDITIONAL TREATY BETWEEN ERANCE AND SIAM
Signed at Bangkok, March 23rd, 1907
{Translation)
The President of the French Bepublic, and His Majesty the King of Siam, in
continuation of the work of delimitation undertaken with a view to carrying out the
Convention of the 13th February, 1904, being desirous on the one hand of assuring
the final settlement of all questions relative to the common frontiers of Indo-China
and Siam, by a reciprocal and rational system of exchanges, and being desirous on
the other hand of facilitating the relations between the two countries by the progres-
sive introduction of an uniform system of jurisdiction, and by the extension of the
rights of French nationals established in Siam, have decided to conclude a fresh
Treaty, and have appointed for this purpose as their Plenipotentiaries, namely, the
President of the French Bepublic, M. Victor Emile Marie Joseph Collin (de Plancy),
Envoy Extraordinary and Minister Plenipotentiary of the French Eepublic in
Siam, Officer of the Legion of Honour and of Public Instruction; His Majesty the
King of Siam, His Koyal Highness Prince Devawongse Varoprakar, Chevalier of
the Order of Maha-Chakrkri, Grand Officer of the Legion of Honour, etc., Minister
for Foreign Affairs; who, furnished with full powers, which have been found in
good and due form, have resolved upon the following provisions:—
Art. I.—The Siamese Government cedes to France the territories of Battambang,
Siem-Eeap, and Sisophon, the frontiers of which are defined by Clause I. of the
Protocol of Delimitation annexed herewith.
Art. II.—The French Government cedes to Siam the territories of Dan-Sai and
Kratt, the frontiers of which are defined by Clauses I. and II. of the said Protocol.
ADDITIONAL TREATY BETWEEN FRANCE AND SIAM
as well as all the islands situated to the south of Cape Lemling as far as and inclusive
of Koh-Kut.
Art. III.—The handing over of these territories shall take place on one side and the
other not less than twenty days after the date on which the present Treaty is ratified.
Art. IV.—A mixed Commission, composed of French and Siamese officers and
officials, shall be appointed by the two contracting countries, not less than four
months after the ratification of the present Treaty, and shall be charged with
delimiting the new frontiers. It shall commence its operations as soon as the season
shall permit, and shall carry them out in conformity with the Protocol of Delimita-
tion annexed to the present Treaty.
Art. V.—All French Asiatic subjects and protected persons who shall be-
registered at the French Consulates in Siam after the signature of the present
Treaty, by application of Article XI. of the Convention of the 13th February, 1904,
shall be under the jurisdiction of the ordinary Siamese Tribunals.
The jurisdiction of the International Siamese Courts, the institution of which
is arranged for by Article XII. of the Convention of the 13th February, 1904, shall,
subject to the conditions given in the Protocol of Jurisdiction annexed herewith, be
extended, throughout the whole kingdom of Siam, to the French Asiatic subjects and
protected persons alluded to in Articles X. and XI. of the same Convention, and who-
are actually registered at the French Consulates in Siam.
The regime shall terminate and the jurisdiction of the International Courts
shall be transferred to the ordinary Siamese Tribunals, after the promulgation and
the bringing into force of the Siamese Codes (Penal Code, Civil and Commercial
Code, Codes of Procedure, Law of Judicial Organization).
Art. VI.—French Asiatic subjects and protected persons shall enjoy throughout
the whole kingdom of Siam the same rights and privileges which the natives of the-
country possess, notably rights of property, of free residence, and of free circulation.
They shall be subject to the ordinary taxes and “prestations.”
They shall be exempt from military service and shall not be subjected to extra-
ordinary requisitions and duties.
Art. VII.—The provisions of the old Treaties, Agreements, and Conventions-
between France and Siam, which are not modified by the present Treaty, remain in
full force.
Art. VIII.—In the event of any difficulty arising in connection with the-
interpretation of the present Treaty, drawn up in French and Siamese, the French
text shall be binding.
Art. IX.—The present Treaty shall be ratified in not less than four months-
from the date of signature, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the present
Treaty, and have affixed their seals.
Done at Bangkok, in duplicate, the 23rd March, 1907,
(Signed) V. Collin (de Plancy).
„ Devawongse Varoprakar.
Protocol concerning the Delimitation of the Frontiers, and annexed to the Treaty of
March 23rd, 1907
With a view to facilitating the labours of the Commission arranged for in Article
IV. of the Treaty of to-day’s date, and with a view to avoiding any possible difficulties
arising in regard to the delimitation, the Government of . the French Republic and
the Government of His Majesty the King of Siam have agreed upon the following:— .
Clause I.—The frontier between French Indo-China and Siam starts from the
sea at a point situated opposite the highest summit of the Island of Koh-Kut. It
follows from this point a north-easterly direction to the crest of Pnom-Krevanh. It is
formally agreed that, in all cases, the east slopes of these mountains, including the whole-
of the basin of the Klong-Kopo, should continue to form part of French Indo-China.
ADDITIONAL TREATY BETWEEN FRANCE AND SIAM
The frontier follows the crest of the Pnom-Krevanh in a northerly direction as
j: far as Pnom-Thom, which is situated on the main line of the watershed, between
| the rivers which flow towards the gulf of Siam, and those which flow towards the Great
j Lake. From Pnom-Thom, the frontier follows at first in a north-westerly direction,
[i then in a northerly direction, the actual frontier between the Province of Battambang
con the one hand, and that of Chantaboum and Kratt on the other, as far as the point
If where this frontier joins the river called Nam-Sai. It then follows the course of this
i river as far as its confluence with the Eiver of Sisopbon, and the latter river to a
] point situated 10 kilom. below the town of Aranh. Lastly, from this latter point, it
5 continues in a straight line to a point situated on the Dang-Reck, halfway between
1 the passes called Chong