Hongkong Directory 1931

[HERMAN & BUCKNALL STEAMSHIP fel™

104 106 Leadenhall SlreeK london.EC3.

AGENTS AT ALL PORTS

GENERAL AGENTS FOR FAR EAST ~ Bank Line Lhd. Hongkong

TWO POPULAR HOTELS IH CEHTRAL LOMDOrt

OPPOSITE THE BRITISH MUSEUM

THACKERAY HOTEL

GREAT RUSSELL STREET.

LONDON, W.C. 1.

NEAR THE BRITISH MUSEUM

# 51 '

 

KINGSLEY HOTEL

HART STREET, BLOOMSBURY SQUARE,

LONDON, W.C. 1.

200 Rooms in each Hotel. Modem Arrangements.

COMFORT. REFINEMENT.

Hot and Cold Water and Electric Fires

in all Bedrooms.

Bedroom, Breakfast and Attendance

FROM 8/6 per night.

SPECIAL INCLUSIVE TERMS ON APPLICATION.

TELEGRAMS:

Thackeray Hotel: “THACKERAY, LONDON."

Kingsley Hotel: " BOOKCRAFT, LONDON."

news

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THE

DIRECTORY & CHRONICLE

CHINA, JAPAN, COREA, INDO-CHINA,

STRAITS SETTLEMENTS, MALAY STATES,

SIAM, NETHERLANDS INDIA, BORNEO,

THE PHILIPPINES, &c.

WITH WHICH ARE INCORPORATED “THE CHINA DIRECTORY” AND

“THE HONGKONG DIRECTORY ANi> HONG LIST FOR THE FAR EAST”

; s ' f

FC>U THE YEAR

1931

SIXTY-NINTH YEAR OF PUBLICATION

THE HONGKONG- DAILY PRESS, LTD.

11, ICE HOUSE STREET, HONGKONG, AND 53, FLEET STREET, LONDON, E.C. 4.

MDCCCCXXXI.

A

INDEX-DIRECTORY

_A_ PAGE Tg~ PAGE 'F—Cont. PAGE

Agencies iu Far East... 1835 Kedah 1395 Port Arthur 644

Alphabetical List of Keelung... ... ... 507 Port Edward 668

Foreign Eesidents ... 1557 Kelantan 1389 Pt. Dickson (see N. Sembilan)

Amoy 943 Kiaochau 671 „ Swettenham (see Selangor)

Annam ... ... ... 1181 Kirin ... 642 Prov. Wellesley (see Penang)

Annam, Provinces du ... 1184 Kiukiang 887 Q

Antung 646 Klang (see Selangor) Quinhon 1186

B Kobe 467 IR

Bagnio 1464 Kongmoon 977 Rubber Estates, etc. ... 1994

Bangkok 1214 Kouang-tcheou-wan ... 985 S

Batavia 1419 Kowloon Frontier ... 975 Saigon 1191

Borneo 1517 Kuala Kangsar (see Perak) Samshui 979

Brunei 1532 Kuala Lumpur (see Selangor) Sandakan (see N. Borneo)

Buitenzorg 1419 Kuantan (see Pahang) Santuao 933

C Kuliang 936 Sarawak... ... ... 1517

Cambodge 1211 Kunsan 521 Selangor 1351

Canton 957 Kweilin 983 Semarang 1433

Cebu 1509 Kyoto 464 Seoul ... ... ... 512

Changchun 641 Kyushu 497 Seremban (see N. Sembilan)

Changsha ... ... 913 Shanghai fi83

Chefoo 658 Labuan ... 1530 Shasi ... ... ... 912

Chemulpo 516 Lappa ... 976 Shidzuoka 435

China ..; 523 Lungchingtsun... ... 642 Shimonoseki ... ... 497

Chinkiang 879 Lungchow y93 Siam ... ... ... 1213

Chinnampo ... ... 520 Lungkow 665 Singapore 1237

Chinwangtao 615 1VT Song-jin 52 L

Cholon ... 1210 Macao ... ... ... 1147 Soochow... ... ... 876

Chosen (Corea) 510 Macassar 1439 Sourabaya ... ... 1427

Chungking 920 Malacca 1318 Steamers, Coasting ... 1552

Classified List of Mer- Malay States (Fed.) ...1325 Straits Settlements ... 1231

chants and Manufac- Malay States (Unfed.)... 1379 Sumatra... ... ... 1442

turers in Far East ... 1897 Manchurian Trade Cent. 622 Swatow 949

Cochin China 1190 Manila 1462 ... 1001

Corrections & Add’ns. XXXVII Masampo ... ... 519

T* .

Dairen

3D

... 648

Medan (see Sumatra)

Mengtsz... ... ... 995 Taihoku (Taipeh) ... 505

Merchants & Manufactur- Tainan, Takao & Anping 508

Daitotei (Twatutia) ... 505 Taiping (see Perak)

Davao, P.I XLIV ers, Classified List of... 1897

Moji and Shimonoseki... 494 Taku 613

Mokpo 520 Tamsui 504

Mukden ... 622 Telegraphic Addresses... 2031

UST

Teluk Anson (see Perak)

Foochow 935 Tengyueh 999

Formosa 502 Nagasaki 498

Nagoya 437 Tientsin 565

Fusan 518 Tokyo 370

TT Nanking 881

Nanning 984 Tonkin ... ... ... 1162

Haiphong ... ... 1168 Tonkin, Provinces du ... 1175

Hakodate 440 Naval Squadron, British 1534

Naval Squadron, Japan. 1550 Tourane... ... ... 1184

Hangchow 925 Trengganu ... ... 1392

Hankow 890 Naval Squadron, U.S. ... 1540 Tsinan ... ... ... 678

Hanoi 1162 Negri Sembilan ... 1369

Netherlands India ... 1399 Tsingtao 671

Harbin 630

Hoihow (in Hainan) ... 990 Newchwang 617

Hokow 998 Nicolaevsk 364 Unsan Gold Mines 516

Hongkong 1003 Ningpo 929 "V

Hongkong Ladies List... 1140 North Borneo, State of... 1523 Yladivostock 363

H’kong. Peak Resdts.... 1144 -w

Hu§ 1181 Osaka ... 443 Wei-hai-wei 667

Hunchun 643 Wenchow 931

Padang ... ... 1436 Wonsan,Gensan,Yuensan 518

Ichang 918 Pahang ... ... 1375 Wuchow... ... ... 981

Iloilo 1506 Pakhoi ... ... 987 Wuhu 885

Indo-China 1161 Peiteiho ... ... 615 ~zr

Ipoh (see Perak) Penang ... ... 1296 Yochow ... ... ... 910

Peping ... ... 549 Yokohama 420

Japan ... J. 365 Perak ... 1335 Yunnanfu ... ... 997

Jesselton (see B.N. Borneo) Perlis . 1398 Z

Johore ... • 1380 Philippine Islands ... 1451 Zamboanga 1513

INDEX - DIRECTORY

PAGE

Alphabetical List Ch i na—Continued Japan—Continued

Foreign Residents ... 1557 Southern Ports—Continued Nagoya 437

Annam 1181 Samshui 979 Osaka ... 443

Annam, Provinces du ... 1184 Santuao ... 933 Shidzuoka ... ... 435

Hue 1181 Swatow 949 Shimonoseki 497

Quinhon ... 1186 Wenchow ... ... 931 Tokyo ... ... ... 370

Tourane... ... ... 1184 Wuchow 981 Yokohama ... ... 420

Borneo 1517 Vs.ngtsze Ports Macao

Brunei 1532 Changsha ... ... 913 Macao 1147

Jesselton (see N. Borneo) Chinkiang ... ... 879 Malay States

Kudat (see N. Borneo) Chungking 920 (Federated & TJnfederated)

Labuan 1530 Hankow ... 890 Ipoh (see Perak)

North. Borneo, State of 1523 Ichang 918 Johore 1380

Sandakan (see N. Borneo) Kiukiang 887 Kedah 1395

Sarawak ... 1517 Nanking 881 Kelantan ... ... 1389

Tawao (see N. Borneo) Shasi ... ... ... 912 Klang (see Selangor

China 523 "Wuhu ... 885 Kuala Kangsar (see Perak)

Central Ports Ybchow 910 Kuala Lumpur (see Selangor)

Shanghai 683 Kuantan (see Pahang)

Chosen (Corea) 510 Malay States (Fed.) ... 1325

Soochow... ... ... 876 Chemulpo ... ... 516 Malay States (Unfed.) 1379

Frontier Ports

Chinnampo ... ... 520 Muar (see Johore)

Kouang-tcheou-wan ... 985 Fusan 518 Negri Sembilan ... 1369

Kowloon Frontier ... 975 Kunsan 521 Pahang ... 1375

Lappa 976 Masampo ... ... 519 Perak 1335

Lungchow 993 Mokpo 520

Mengtsz Perlis 1398

995 Seoul 512 Pt. Dickson (see N. Sembilan)

Szemab ... 1001 Song-jin... ... ... 521 „ Swettenham (see Selangor)

Tengyueh 999 Unsan Gold Mines ... 516 Selangor... ... ... 1351

Tunnanfu ... ... 997 Wonsan, Gensan,Yuensan 518 Seremban (see Negri Sembilan)

Northern Ports Taiping (see Perak)

Antung '.. 646 Classified Lists

Agencies in Far East... 1835 Teluk Anson (see Perak)

Changchun 641 Trengganu ... ... 1392

Ohefoo 658 Merchants & Manufac-

turers in the J’ar East 1897 Ulu Selangor (see Selangor)

Chinwangtao 615

Dairen 648 Kubber Estates, etc. ... 1994 Naval Squadrons

Harbin ... 630 Cochin-China 1190 Naval Squadron, Brit.... 1534

Hunchun 643 Cambodge 1211 Naval Squadron, Japan. 1550

Kiaochau 671 Cholon ... 1210 Naval Squadron, U.S.... 1540

Kirin ... 642 Saigon 1191 Netherlands India 1399

Lungchingtsun... 642 Corrections & Add’ns. Batavia ... 1419

Lungkow 665 Tokyo-Davao, P.I. xxxvn Buitenzorg ... ... 1419

Manchurian Trade Cent, Eastern Siberia 363 Macassar 1439

Mukden ... Nicolaevsk 364 Medan (see Sumatra)

Newehwang 617 Vladivostook ... ... 363 Padang ... 1436

Peiteiho... 615 Semarang 1433

Peiping 649 Formosa 502 Sourabaya ... ... 1427

Port Arthur 644 Daitotei

Keelung

(Twatutia) ... 505

507

Sumatra, East Coast of 1442

' Port Edward 668 Philippine Islands 1451

Taku 613 Tainan, Takao & Anping 508 Baguio 1464

Tientsin 565* Taihoku (Taipeh) ... 505 Cebu 1509

Tsinan 678 Tamsui 504 Davao XLIV

Tsingtao 671 Hongkong 1003 Iloilo ... 1506

Wei-hai-wei 667 Ladies’ List 1140 Manila 1462

Sonthern Ports Peak Residents 1144 Zamboanga 1513

Amoy ... 943 Indo-China 1161 Siam 1213

Canton ... ... ... 957 Haiphong 1168 Bangkok 1214

Foochow ... ... 935 Hanoi 1162 Steamers

Hangchow 925 Tonkin 1162 Coasting 1552

Hoibow (in Hainan) ... 990 Tonkin, Provinces du ... 1175 Straits Settlements

Hokow 998 Japan 365 1231

Kongmoon 977 Hakodate 440 Malacca ... 1318

Kuliang 936 Kobe 467 Penang 1296

Kweilin 983 Kyoto 464 Prov. Wellesley (see Penang)

Nanning 984 Kyushu 497 Singapore ... ... 1237

Ningpo 929 Moji 494 Telegr. Addresses

Pakhoi 987 Nagasaki ... ... 498 For the Far East ... 2031

INDEX-TREATIES, CODES AND GENERAL

PAOB

Advertisers, Index to v

Great Britain, Chungking Agreement, 1890 17

Calendar, Anprlo Chinese xxxiv Great Britain, Emigration Convention, 1904 34

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

Chinese Festivals xxxv Great Britain, Nanking, 1842. 3

Chinese Money 878 Great Britain, Opium Agreement, 1911 39

Great Britain, Sup. Commercial Treaty with China 22

Chinese Passengers’ Act. 338

Great Britain, Tibet-Sikkim Convention, 1890 18

Chinese Weights and Measures 648

Consortium Agreement, 1920 180 Great Britain, Tientsin, 1858 5

Foreign Jurisdiction Act, 1890 228 Great Britain, Weihaiwei Convention, 1898 21

Harbour Regulations, Japan 362 Japan, Agreement, China-Korean Boundary, 1909,178

Hongkong Chair & Jinricksha Fares, and Boat Hires. .956 Japan, Agreement Regarding Manchurian Ques-

tions, 1909 179

Hongkong Chamber of Commerce Scales, etc. xxxm Japan, Commercial, Peking, 1896 101

Hongkong, Charter of the Colony of 306 Japan, Protocol, New Ports, Peking, 1896 106

Hongkong, Constitution of Councils 326 Japan, Regarding Manchuria, 1905 115

Hongkong Legislative Council, Rules of 326 Japan, Regarding Shantung, 1915 117

Hongkong—Royal Instructions 310 Japan, Regarding S. Manchuria and Mongolia,1915,119

Hongkong—Royal Instructions (Additional), 1922 319 Japan, Settlement of Outstanding Questions

Hongkong—Royal Instructions (Additional), 1928 321 relative to Shantung 121

Hongkong—Royal Instructions (Additional), 1929 323 Japan, Transfer of Shantung, 1922 192

Hongkong Port Regulations 342 Japan, Shimonoseki, 1895 93

Hongkong Stock Exchange , 924 Japan, Supplementary Treaty of Commerce,

Hongkong Storm Signal Codes and Stations xxxvi 1903 107

Hongkong Time Signals XLIV Portugal, 1888 85

Insurance, Japanese Ordinance 341 Portugal, 1904 93

Japanese Weights, Measures and Money 501 Russo-Chinese Agreement, 1924 136

Malay States Federation Agreement, 1896 222 United States of America, Additional, 1869 71

Manila Invoice Charges 1460 United States of America, Commercial, 1903 78

Money, Weights and Measures of Hongkong, Straits United States of America, Immigration, 1894 76

Settlements and Philippine Islands 1516 United States of America, Immigration and Com-

Orders in Council (Amendment) China & Corea, 1907, 275 mercial, 1880 73

Orders in Council (Amendment) China & Corea, 1909, 278 United States of America, Tientsin, 1858 65

Orders in Council (Amendment) China* Corea, 1910 . .280 With Japan:—

Orders in Council, China (Amendment), 1913 281 Great Britain, 1894 144

Orders in Council, China (Amendment) 1914., 288 Great Britain, Commerce and Navign., 1911 153

Orders in Council, China (Amendment), 1915 289

Great Britain, Estates of deceased persons, 1900..151

Orders in Council, China (Amendment No. 2), 1920 . .290

Great Britain, Japan-India Commercial, 1904 152

Orders in Council, China (Amendment No. 3), 1920 ..290

Korea, Treaty of Annexation, 1910 139

Orders in Council, China (Amendment), 1921 291

Russia, Convention, 1916 171

Orders in Council (Companies), China, 1915 293

Russia, Railway Convention, 1907 168

Orders in Council (Companies), China (Amendment),

1919 297 Russia, Treaty of Peace, 1905 164

Orders in Council (Treaty of Peace), China, 1919 299 Russo-Japanese Convention, 1925 172

Orders in Council, H.B.M., China and Corea 234 United States, 1886, Extradition Treaty 162

Port Regulations for H.B.M. Consulates in China 349 With Korea:—

Shanghai Chamber of Commerce Scales, etc 682 Great Britain, Trade Regulations 141

Siam, Foreign Jurisdiction, 1909 208 With Siam:—

Siamese Money, Weights and Measures 1230

France, 1904 210

Statutory Rules and Orders (China and Corea), 1909 . .302

France, 1907 212

Tables of Consular and Marriage Fees 303

Great Britain, 1856 196

Treaty Ports, etc 224

Great Britain, 1909 202

Treaties:—With China Great Britain, 1913, re Fugitive Criminals 207

Final Protocol with Eleven Powers, 1901 128 Great Britain, Registration of Subjects, 1899 v.. .201

France, Additional Convention, 1895 63 ' Great Britain, Trade Regulations with 199

France, Convention, 1887 61 Japan,1898 216

France, Convention of Peace, 1860 42 Russia, 1899 220

France, Peking, 1860 51 Great Britain and France, Siamese Frontier, 1896 ..221

France, Tientsin, 1885 53 Great Britain and Portugal, Opium, 1913 223

France, Trade Reglns. for Tonkin Frontier, 1886.. 56 United States Consular Court Fees 358

Germany, Peking, 1921 133 United States Consular Courts in China, Regulations . .360

Great Britain, Btirmah Convention, 3897 18 United States Court for China, Jurisdiction 355

Great Britain, Chefoo Convention, 1876 13 Washington Conference Resolutions, 192L-22 183

INDEX TO ADVERTISERS

PAGE PAGE

A.B.C. DIRECTORY OF AMERICAN BUYER’S GUIDE 2089

MERCHANTS AND MANUFACTURERS 2154

CALCULATING MACHINES :—

A. B.O. DIRECTORY OF BRITISH MER-

Original-Odhner (Dodwell & Co.)

CHANTS AND MANUFACTURERS ... 2092 Back cover

A.B.C. DIRECTORY OF CANADIAN MER- CEMENT MANUFACTURERS :—

CHANTS AND MANUFACTURERS ... 2152 Indo-China Portland Cement Co.,

Ld., Haiphong (Indo-China) ...xxxn

A.B.C. DIRECTORY OF CONTINENTAL Indo-China Lafarge Aluminous

MERCHANTS & MANUFACTURERS ... 2124 Cement Co., Ld., Haiphong ... XXXII

ACCOUNTING MACHINES:— CHEMICAL PRODUCTS :—

Elliott-Fisher (Dodwell & Co.) ... Union Chimique Beige, Brussels... 2122

Back cover

ACME COMMODITY CODE

COAL MERCHANTS :—

Acme Code Co., U.S.A 1084B Dodwell & Co., Ld Back cover

ADDING MACHINES:—

Kailan Mining Administration,

Sunstrand (Dodwell & Co.)... Back cover Tientsin Inside back cover

ADVERTISING AGENTS :— COTTON GOODS MANUFACTURERS :—

Millington, Ld 1088B E. Spinner k Co., Manchester and

Bombay... {Hongkong Tab page) 1002B

ART PRODUCTIONS:—

Raphael Tuck & Sons, London ...

Inside back cover H’kong. & Whampoa Dock Co., Ld. 1088A

BANKS :— New Engineering & Shipbuilding

Bank of Canton, Ld XXVIII Works, Ld., Shanghai 820B

Bank of Montreal, Canada 762A

Banque Franco-Chinoise pour le DUPLICATORS :—

Commerce et ITndystrie xxm D. Gestetner (Eastern), Ld., Hong-

Banque de Paris et des Pays-Bas... XXII kong ... Facing Hongkong Tab page

Chartered Bank of India, Australia

ELASTIC FABRICS:—

and China xxv

Wm. Preston & Son, Ld., England 2161

Hongkong and Shanghai Bank ... xxiv

Hongkong Savings Bank xxvm ENGINEERS AND MACHINISTS:—

International Savings Society, Hongkong Excavation, Pile Driv-

Shanghai 820A ing & Construction Co. ... 1084A & B

Mercantile Bank of India xxvi H’kong. & Whampoa Dock Co., Ld. 1088A

National City Bank of New York XXVII New Engineering & Shipbuilding

BALL AND ROLLER BEARINGS :—

Works, Shanghai ... _ 820B

The Ekman Foreign Agencies, Rapid Magnetting Machine Co.,

Ld., Shanghai 762A

Ld., Birmingham 2089

Reiss, Massey & Co., Ld 1118A

BISURATED MAGESIA :—

Bismag Top edge of book FERTILISERS :—

Union Chimique Beige, Brussels... 2122

BOOKSELLERS AND PUBLISHERS:—

Acme Code Co., U.S.A 1084B GASOLENE AND KEROSENE :—

Directory & Chronicle for China, Asiatic Petroleum & Co xx

Japan, etc. (Hongkong Daily Standard Oil Co. of New York ...

Press, Ld., publishers) ... xxi & 1084A All Tab pages

BRICK MANUFACTURERS :— GLASS MANUFACTURERS:—

Kailan Mining Administration, S. & C. Bishop & Co., Lancashire... 2164

Tientsin Inside back cover Yao Hua Mechanical Glass Co.,

Ld., Tientsin Inside back cover

BUILDING ENGINEERS & CONTRACTORS:—

Hongkong Excavation, Pile Driv- GUNS AND RIFLES :—

ing & Construction Co. ... 1084A & B The Midland Gun Co., England... 2089

B

VI INDEX TO ADVERTISERS-Continued

PAGE PAGE

HARDWARE MANUFACTURERS:— MANUFACTURERS OF PETROL TAP

Rapid Magnetting Machine Co., AND CARBURETTER FLOODER:—

Ld., Birmingham 2089 Bowden Wire, Ld., London 364B

Shankey-Sheldon (Harris & Shel- ( Japan Tab page)

don, Ld.), London ... 364B & 1002B

(Japan and Hongkong Tab pages)

MERCHANTS, COMMISSION AGENTS, ETC. : —

HOLLOWWARE :— A.B.C. Directory of American Mer-

T. L. Grosvenor, England 2091 chants and Manufacturers ... 2154

A.B.C. Directory of British Mer-

HORSE SHOE NAILS:— chants and Manufacturers ... 2092

Aktiebolaget, O. Mustad & Son, A.B.C. Directory of Canadian Mer-

Sweden 2123 chants and Manufacturers ... 2152

A.B.C. Directory of Continental

HOTELS: — Merchants and Manufacturers... 2124

Adelphi Hotel, Singapore 1240A Bolton & Co., F. B., Brisbane

Kingsley Hotel, London Facing all Tab pages

Inside front cover Dickinson & Co., John, England

Thackeray Hotel, London ... do. (Paper) 2090

Dodwell & Co., Ld Back cover

IMPORTERS AND EXPORTERS:— Edward Le Bas & Co., England... 2091

Bolton & Co., F. B., Brisbane ... Johnston, Horsburgh & Co., Lon-

Facing all Tab pages don (Paper) 1240B

Dodwell

Edward Le Bas & Co., England... 2091 Reiss, Massey & Co 1118A

Loxley & Co., W. R 1102B Sutton & Sons, England (Seeds)... 2091

Reiss, Massey & Co., Ld 1118A

MOTOR SPIRITS :—

INDUSTRIAL CHEMICALS:— Asiatic Petroleum Co., Ld xx

Union Chimique Beige, Brussels .. 2122 Front cover and Canton Tab page

Standard Oil Co. of New York ...

INSDRANCE: LIFE, FIRE AND MARINE :—

All Tab pages

Dodwell & Co., Ld Back cover NEWSPAPERS :—

General Accident, Fire and Life Elephant Bra/id (Wm. Soanes,

Assurance Corpn., Ld. ...Front cover London) 1230B

Pearl Assurance Co., Ld., {Straits Settlements Tab page)

London Front cover

Reiss, Massey & Co. _ 1118A OFFICE EQUIPMENT:—

Union Insurance Society of Roneo (Dodwell & Co.) Back cover

Canton, Ld Hinge of cover Sankey-Sheldon (Harris & Shel-

don, Ld.), London ... 364B & 1002B

IRON AND BRASS FOUNDERS :— (' Japan and Hongkong Tab pages)

H’kong. & Whampoa Dock Co., Ld. 1088A

New Engineering & Shipbuilding

OIL MERCHANTS :—

Works, Shanghai 820B

Asiatic Petroleum Co., Ld xx

Rapid Magnetting Machine Co.,

Birmingham 2089 (Front cover and Canton Tab page)

De Bataafsche Petroleum Mij.,

KHAKI MATERIALS:— Dutch East Indies xx

E. Spinner & Co., Manchester and Franco - Asiatique des Petroles,

Bombay ...{Hongkong Tab page) 1002B

Indo-China xx

Rising Sun Petroleum Co., Japan xx

LINEN WORKS:— Standard Oil Co. of New York ...

C. T. Tai

ORES AND SEPARATORS:—

MACHINERY :— Rapid Magnetting Machine Co„

Dodwell & Co Back cover Ld., Birmingham 2089

H’kong. & Whampoa Dock Co., Ld. 1088A

New Engineering & Shipbuilding OXY-ACETYLENE WELDING & CUTTING :—

Works, Ld., Shanghai 820B Far East Oxygen & Acetylene Co.

Rapid Magnetting Machine Co., (S.O.A.E.O.), Shanghai ... ... 762B

Ld., Birmingham 2089 New Engineering & Shipbuilding

Reiss, Massey & Co., Ld 1118A Works, Shanghai 820B

INDEX TO ADVERTISERS—Continued VII

PAGE PAGE

PACIFIERS, “GRIP-TIGHT” PNEUMATIC:— STEAMSHIP LINES :—

Lewis Woolf, Ld., England 2090 American Express Co. ... All Tab pages

Apcar Line 1118B

PAINT MERCHANTS

British India S. N. Co., Ld. ... 1118B

Bituminous Paint—Asiatic Petro- Canadian Pacific S.S., Ld xxx

leum Co., Ld. ' xx Dodwell & Co., Ld Back cover

PAPER MANUFACTURERS :— Douglas Steamship Co xxxi

John Dickinson & Co., England... 2090 Eastern and Australian Line ... 1118B

Ellerman & Bucknall S.S. Co., Ld...

Johnston, Horsburgh & Co.,

London 1240B

Inside front cover

Reiss, Massey & Co., Ld 1118A

Indo-China Steam Nav. Co ... xxix

P. & O. Steam Nav. Co 1118B

PHARMACEUTICAL PRODUCTS:—

STEEL FURNITURES:—

Union Chimique Beige, Brussels 2122

Sankey-Sheldon (Harris & Shel-

PLUMMER BLOCKS AND HANGERS :— don, Ld.), London 364B & 1002B

The Ekman Foreign Agencies, {Japan and Hongkong Ted) pages)

Ld., Shanghai 762A

TEA AND RUBBER CHEST MANU-

RUBBER TYRES :— FACTURERS:—

W. R. Loxley & Co. ...Fore-edge of book Luralda, Ld., London 2161

SAUCE:— TIMBER AND LUMBER MERCHANTS:—

-Mason’s O.K Bottom edge of book Solignum, Ld., London 682B

{Shanghai Tab page)

SAVINGS SOCIETY:—

International Savings Society, TRADE MARKS OF BRITISH MERCHANTS

Shanghai 820A

AND MANUFACTURERS 2161

SEED MERCHANTS:—

TRAVELLING AGENTS:—

Sutton & Sons, England 2091

American Express Co. ... All Tab pages

SHIPBUILDERS :—

H’kong. & Whampoa Dock Co. ... 1088A TYPEWRITING MACHINES:—

New Engineering and Shipbuild- Underwood Typewriters

ing Works, Shanghai 820B (Dodwell & Co.) Back cover

SPLIT BELT PULLEYS AND LINESHAFTING WOOD PRESERVE: —

ACCESSORIES:— Solignum, Ld., London. 682B

The Ekman Foreign Agencies, {Shanghai Tab page)

Ld., Shanghai 762A

WOOLLEN GOODS MANUFACTURERS:—

STATIONERY :— E. Spinner V Co., Manchester and

John Dickinson & Co., England... 2090 Homh&y ...{Hongkong Tab page) 1002B

THE CALENDAR FOR 1931

THE CALENDAR FOR 1931

FEBRUARY-28 DAYS

SUNRISE SUNSET HONGKONG TEMPERATURE

... 7h. 03m. 6h. 12m. 1929 1930

... 6h. 56m. 6h. 20m. Mean Maximum ... ... 63.1 65.0

Mean Minimum 55.6 56.5

MOON’S PHASES

Mean ... 58.9 60.3

d. h. m. BAROMETER, 1930, AT SEA LEVEL

Full Moon Mean 30.15 inches

Last Quarter...

New Moon ... 1929 RAINFALL 1930

First Quarter... 0.585 inch 1.380 inches.

r REMARKABLE EVENTS

SEPTUAGESIMA. Inhabitants of Hongkong- declared British subjects, 1841. The Addi-

tional Article to Chefoo Convention came into force, 1887. First meeting of Interna-

tional Commission on Opium at Shanghai, 1909. 1,000 men of Shanghai Defence Force

arrived in Hongkong, 1927. Hon. Mr. J. P. Braga appointed to Legislative Council,

Hongkong, as first Portugese representative, 1929.

CANDLEMAS. The German Club at Hongkong opened, 1872. Weihaiwei citadel captured

by Japanese, 1895. Opening of Tytam Tuk Reservoir by Sir Henry May, 1918.

Great robbery in the Central Bank, Hongkong, discovered, 1865. Agreement opening West

River signed, 1897. New Alice Memorial Hospital Hongkong opened, 1929.

Anti-foreign riot at Chinkiang, 1889. Local Administrative bodies in China suppressed.

1914.

Japan broke off diplomatic relations with Russia, 1904. Japanese str. “Tatsu Maru”

seized by Chinese gunboate near Macao for alleged smuggling arms, 1908.

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

SEXAOESIMA. The Spanish fleet leaves Cavite, 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 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, 1904.

The Japanese constitution granting representative government proclaimed by the

Emperor in person at Tokyo, 1889. Mr. Kwok Siu Lau gave $50,000 to Hongkong

Uuiversity, 1928.

China’s New Currency Laws published, 1914.

Surrender of Liukungtao Island forts and remainder of the Chinese fleet to the

Japanese, 1895. Manchu Rulers of China announce their abdication, 1912. Sir Robert

Ho Tung gives $50,000 to Hongkong University, 1915. Earthquake shock felt in Hong-

kong, 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.

QUINQUAGESIMA. Ports of Hongkong and Tinghai declared free, 1841. The Chinese frigate

“ Yu-yuen ~ and corvette “ Chin-cheng” sunk by the French in Sheipoo harbour, 1885.

Insurgents evacuated Shanghai, 1855. Stewart scholarship at Central School, Hong-

kong, founded, 1884. Alice Memorial Hospital, Hongkong, opened, 1887.

SHROVE TUESDAY, The U.S. paddle man-of-war “ Ashuelot” wrecked near Swatow, 1883.

Cantonese capture Hangchow, 1927.

ASH WEDNESDAT.

Lord Amherst’s Embassy, returning from China, shipwrecked in the Java Sea, 1817.

General strike at Shanghai, 1927. Hankow agreement signed, 1927.

Sir Robt. Hart born, Milltown, Ire’d., 1835. China’s ProvincialAssemblies suppressed, 1914.

Mr. A. R. Margary, of H.B.M.’s Consular Service, was murdered at Manwyne, Yunnan,

by Chinese, 1875. Statue of Li Hung Chang unveiled at Shanghai, 1906. Consort of

the Emperor Kwangsu died, 1913. Hongkong A.D.C. Centenary Production, 1914.

1ST IN LENT. 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.

Tues. Chusan evacuated by the British troops, 1841. 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.

-Wed. 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.

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.

Fri. 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 1931

MARCH-31 DAYS

SUNRISE SUNSET HONGKONG TEMPERATURE

... 6b. 46m. 6b. 27m. 1929 1930

... 6h. 33m. 6h. 33m. Mean Maximum 70.6 68.8

Mean Minimum 61.1 60.1

MOON’S PHASES

Mean ... 64.9 63.9

BAROMETER, 1930, AT SEA LEVEL

Full Moon Mean 30.08 inches

Last Quarter ...

New Moon

First Quarter...

CHRONOLOGY OF REMARKABLE EVENTS

2NDINLK.NT. ST. DAVID’S DAY. Bombardment of the Chinhai forts by French men-of-

war, 188ft. Twenty-six opium divans closed in Hongkong, 1909. Mr. Herrmann,

manager of Siemens Schuckert at Yokohama, arrested in connection with Japanese

Naval scandal. 1914. (1,000 British Troops in Shanghai, 1927.

Mon. First Dutch Embassy left China, 1657.

TUBS. Foreign Ministers received in audience by the Emperor at the Tsz Kuang Po, 1891.

Wed.

Thurs. Expulsion of Chinese Custom House from Macao by Governor Amaral, 1849.

Hostilities at Canton recommenced. Fort Napier taken by the English, 1841.

Departure of Governor, Sir J. P. Hennessy, from Hongkong, 1882.

Bun. 3RD IN LENT.Arrival in Hongkong of Prince Henry of Prussia, 1898. Russo-Chinese-

Manchurian Convention signed, 1902. Tiger killed in the New Territory, 19)5.

Mon. Attack on Messrs. Farnham and Rohl at Shanghai, 1872. Earthquake in Tokyo, 1927.

Tues. 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 occupied

Moukden, 1905. Yuan Shih Kai inaugurated as President of the Chinese Republic, 1912.

Wed. Governor Sir R. G. MaoDonnell arrived in Hongkong, 1866. Hongkong University

opened by H.E. Sir F. W. Lugard, 1912. King Eward Hotel, Hongkong, completely

gutted by fire with serious loss of life, 1929.

24 Imperial Commissioner Ki-chen, degraded by the Emperor, left Canton as a prisoner,

1841. Capture of Bac-Ninh, by the French, 1884. Death of Dr. Sun Yat Sen, in

. Peiping, 1925.

25

26 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 Peiping

burnt down, 1900.

Sun. 27 4TH IN LENT. Governor Sir H. Robinson left Hongkong for Ceylon, 1865. Jubilee of

Hongkong Chamber of Commerce, 1912.

28 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.

Tues. 17 ST. PATRICK’S DAY. Lord Macartney’s Embassy left China, 1794. Severe earthquake in

Formosa, 1906.

Wed. 18 Edict of Commissioner Lin to surrender all opium in Canton, 1839. Chungking declared

open to foreign trade, 1891.

Thurs. 19 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 w'ere fired upon, 34 being killed and 31 wounded, 1922.

Fri. 20 Fall of Shanghai to Southerners, 1927.

Satur. 21 British ship “"Sarah,” first free-trader, sailed from Whampoa, 1834. Mr. F. A. Aglen

appointed Deputy inspector of Chinese Maritime Customs, 1910. Pirating of “Hop

5TH IN LENT. Death of Sir Harry Parkes, H.B.M. Minister to China, 1885. Sir Robert

Hart left Peiping for Home, 1908. Hongkong Aerodrome opened, 1928.

Captain Elliot forced his way to Canton, 1839. Aguinaldo captured by the Americans in

the Philippines, 1901. British naval raid on Bias Bay, 1927.

6 First Section of Manila-Dagupan railway opened, 1891, Attempted assassination of

Li Hung-chang at Shimonoseki, 1895. Nanking taken by Southerners, foreign women,

shamefully outraged by Nationalist soldiers, 1927.

Wed. 7 ANNUNCIATION.

Thurs. 8 Great flood at Foochow, 1874 Newchwangplaced under Russian martial-law.

Fri. 9 Launch of the “Autolyeus,” at Taikoo Dock, 1917. Protocol of Convention between

China and Portugal signed at Lisbon, 1887.

Satur. 10

20,289 chests of opium burned by Lin at Canton, 1839. Foundation-stone of New Customs

House at Canton laid, 1914, Sino-Japanese agreement settling the Tsinan incident

signed, 1929.

Sun. 29 PALM SUNDAY. Seizure'and occupation of the Pescadores by the French fleet, 1885.

Mon. 30 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.

31 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.

THE CALENDAR FOR 1931 XI

APRIL—30 DAYS

SUNRISE SUNSET ' HONGKONG TEMPERATURE

1st 6h. 17m. 6h. 38m. 1929 1930

16th 6h. 04m. 6h. 43m. Mean Maximum 76.5 77.4

Mean Minimum 67.8 70.6

MOON'S PHASES

Mean 71.2 73.5

d. h. BAROMETER, 1930, AT SEA LEVEL

Full Moon ... 3 4 Mean 29.93 inches

Last Quarter... 10 4

New Moon ... 18 9 1929 RAINFALL 1930

First Quarter .. 25 9 1.540 inches 2.100 inches

DAYS OF [DAYS OF CHRONOLOGY OF REMARKABLE EVENTS

WISER MONTH

Wed. 14 The port of Hoihow (in Hainan) opened, 1876. The ports of Pakhoi, Wenchow, Wuhu

and Ichang opened, 1877. B.N. Borneo adopted the Straits Settlements currency,

1905. Dowager Empress of Japan died, 1914.

Thurs. 2 15 French flag hoisted at Kwang-chau-wan, 1898. Belilios Reformatory opened at Hong-

kong, 1900.

•Fri. 3 16 Goon FRIDAY. “ Tai On ” pirated between Hongkong and Kongmoon, 1913.

Satur. 17 Protocol arranging the preliminaries of peace between France and China signed at

Paris, 1885. The Tsarevitch and Prince George of Greece arrived ngkong,

1891.

Sun. 18 EASTER DAY. Bogue Forts destroyed by General D’Aguilar, 1847. Wheelbarrow Riot

at Shanghai, 1897. Attempt to destroy with dynamite the Prince Regent’s Palace at

Peiping, 1910.

Mon. 19 BANK HOLIDAY. Convention between Sir John Francis Davis and the Viceroy Ki-ying

for the admission of Europeans into the city of Canton, 1842. H.R.H. The Prince

Wales visits Hongkong, 1922. Chinese raid Soviet Embassy at Peiping, 1927.

Hongkong . Mint opened, 1866. Indignation Meeting at Shanghai respecting Wheel-

barrow Riot, 1897. Great powder explosion at Canton, 1913. Sir Henry Gollan, chief

justice of Hongkong, left for Home, 1930.

8 21 Arrival of M. Paul Bert at Hanoi, 1886. Chinese Parliament inaugurated 1913.

9 22 Terrific tornado in Canton; 2,000 houses destroyed and 10,000 lives lost, 1878. Tartar

General at Canton assassinated, 1911.

23 37,000 Christians butchered in Japan, 1738. Death at.Peping of Marquis Tseng, 1890.

11 24

12 25 1ST AFTER EASTER. Presentation of colours to Hongkong Regiment, 1895. Russian

flagship “ Petropavlovsk ” sunk by a mine off Port Arthur, nearly every man drowned,

including Admiral Makaroff, 1904.

13 26 Soldiers’ Club opened at Hongkong, 1900. .Imperial Palace, Seoul, destroyed by fire,

1904. Aliens given the right to own land in Japan, 1910. H.M.S. “Tern ” fired on by

Szechuanese troops and Catholic Mission looted at Hankow, 1929. Shipping com-

panies advised to get water elsewhere than Hongkong, 1929.

14 S. Francis Xavier left Goa for China, 1552. Riots at Changsha, 1910.

Wed.' 15 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.

16

17 Telegraph to Shanghai opened, 1871. Execution at Kowloon city of 19 pirates, includ-

ing “Namoa” pirates, 1891. Treaty qf Peace between China and Japan signed at,

Shimonoseki, 1895.

■Satur. 18 Convention between China and Japan settling Corean differences signed at Tientsin,

1885. One-fourth of the opium divans at Shanghai closed, 1908. Town of Wagima,

Japan, destroyed by fire, 1910, Inaugural ceremony of Chinese National Government

at Nanking, 1927.

Sun. 19 2ND AFTER EASTER. The “Sir Charles Forbes,” the first steamer in China waters,

arrived, 1830. The Tsarevitch arrived at Hankow, 1891.

Mon. 20

Tues. 21 Resignation of Shanghai Municipal Council, 1897.

Wed. 22 East India Company ceased trade with China, 1834. Arrival of Governor J. Pope

Hennessy in Hongkong, 1877. Opening of new commercial port of Heungehow

near Macao, 1909. Bank of China authorised to issue $3,000,000 in subsidiary notes.

1910.

Thurs. ST. GEORGE’S DAY. P. M. steamer “Asia” wrecked near Foochow, 1911.

Fri. Chinese Imperial Edict issued disranking Roman Catholic missionaries, 190& Capture

of the citadel at Hanoi, Tonkin, by the French forces, 1882. First sod of the

Shanghai-Nanking Railway cut at Shanghai, 1905. Foundation stone of War Memo-

rial Nursing Home, Hongkong, laid, 1930,

8 Foundation stone of Queen’s College, Hongkong, laid, 1884. Contract for Quintuple

Loan of £25,000,000 signed at Peiping, 1913. H.R.H. the Duke of Gloucester arrived

in Hongkong for a short visit, 1929.

Sun. 9 3RD AFTER EASTER.

Mon. 10 Appointed by Chinese Government a Day of Prayer for Christian Churches, 1913.

Tue 11 Ratifications of Corean Treaty with England exchanged, 1884. Privy Council of Japan

constituted by Imperial decree, 1888. Sir F. D. Lugard laid foundation-stone of

Hongkong Seamen’s Institute, 1909. Daring piracy on the s.s. “Tai On” off Kai

Au, 1914.

Wed. 29 12 Battle of the Yalu, Russo-.Japan War: Russians defeated with great slaughter, 1904.

Thurs. 30 13 Arrival of General Grant in Hongkong, 1879.

XII THE CALENDAR FOR 1931

I I iJ'i ! E!

;

I

III

hi

THE CALENDAR FOR 1931 xm

JUNE—30 DAYS

SUNRISE SUNSET HOJSTGKONG TEMPERATURE

1st ..... ... 5h. 38m. 7h. 03m. 1929 1930

15th ... ... 5h. 38m. 7h. 08m. Mean Maximum .... .... 87.1 86.7

Mean Minimum 79.4 78.3

MOON’S PHASES

Mean 82.5 81.9

d. h. BAROMETER, 1930, AT SEA LEVEL

Last Quarter... 8 a Mean 29.81 inches

New Moon .... 16 11

First Quarter... 23 8 1929 RAINFALL 1930

Full Moon ... 30 8 4.195 inches 12.245 inches

CHRONOLOGY OF KKMARKABLK EVENTS

Mon. Opium Agreement between Hongkong aiid China came into force, 1887. Anti-foreign

riot at Tanyang, 1811. Canton-Samshui Railway completed. Burial of Sun Yat Sen,

1929. A system bringing water into the Colony by ships and putting the water into

specially erected tanks was begun, 1929.

Tues. Hongkong connected with London by wire, 1871. Formal transfer of Formosa from

China to Japan, 1895. Capture of Wuchow by Cantonese, 1929.

Wed. Ki G’S BIRTHDAY. Earthquake at Manila, 1863. Death of Sir Arthur Kennedy, 1883.

Keelung taken by Japanese, 1895. Marshall Chang Tso Lin left Peiping after occupy-

ing the capital for over 11 months, 1928.

Thurs. Treaty between France and Corea signed at Seoul, 1886. West River opened, 1897.

Murder of Chang Tso Lin, 1928.

Fri. Departure of the first O. & O. steamer from Hongkong to San Francisco, 1875. Anti-

foreign riot at Wusueh, 1891. Communication with Peiping cut off, 1900. French str.

“ R. Lebaudy ” pirated on West River, 1913.

Satur. Heavy rains in Hongkong, 1864. Death of Yuen Shih-kai, 1916. C. T. Wang appointed

foreign minister, 1928. Hongkong Flying Club opened, 1930.

Sun. 1ST AFTER TRINITY. Attempted anti-foreign riot at Kiukiang, 1891. Hongkong-Canton

steamer “Powan ” wrecked, 1908. Tornado in Macao, 1913.

Mon. Destruction of Mission premises at Wusieh by anti-foreign mob, 1891.

Suspension of New Oriental Bank, 1892. The P. & O. “ Aden ” wrecked off Socotra, 1897.

First meeting of Water Emergency Committee held in Council Chamber Hongkong,

1929. Tientsin Customs seized by Northerners, 1930.

Wed. Typhoon at Formosa, 1876. Admiral Seymour starts for Peiping, 1900. Arrival in

Hongkong of H.R.H. Prince Charles, heir to the Roumanian Throne, 1920.

Thurs. Portuguese prohibited trading at Canton, 1640.

Fri. Opening of the first railway in Japan, 1872. Tientsin handed over to Southerners, 1928.

•Satur. British steamer “ Carisbrooke” fired into and captured by Chinese Customs cruiser, 1875.

Imperial Edict condemning attacks on foreigners, 1891.

Sun. 2ND AFTER TRINITY. Russo-Chinese Treaty, 1728. Battle of Telissu Russo-Japan War.

Russians defeated 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.

Tidal Wave, Japan, 28,000 lives lost* 1896. Hope Dock opened at Aberdeen, 1867.

Tues. Woosung taken, 1842.

Wed. First foreign-owned junk leaves Chungking, 1891. Capture of Taku Forts by Allies, 1900.

Thurs. Explosion of the “Union Star” at Shanghai, 17 persons killed and 10 wounded, 1862.

Disastrous inundation at Foochow, 1877. Hours of water supply in Hongkong 6 to

9 a.m. and 3.30 to 6 p.m. only, 4 hours per day on Peak, 1929.

Shanghai occupied by British forces, 1842/ - Chang Tso Lin appoined “ dictator ’ of the

North, 1927. China enters upon “Educative period” of Dr. Sun Yat Sen’s scheme, 1929.

Satur. 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. The Governor proposed a vote of $100,000 to meet Hongkong water

emergency, 1929.

Sun. 21 3RD AFTER TRINITY. Massacre at Tientsin, 1870.

Mon. 22 Canton blockaded by English forces, 1840. '-Queen Victoria’s Diamond Jubilee celebra-

tion, 1897. Coronation of King George V., 1911. Inauguration of Tsan Ching Yuan,

Chinese Administration Council, 1914.

Prince of Wales born, 1894. Shock of earthquake in Hongkong, 1874. New premises of

the Hongkong and Shanghai Bank Shanghai, opened 1923. Attack on Shameen by

Chinese, 1925.

Wed. 24 MIDSUMMER DAY. ST. JOHN THE BAPTIST. British troops sent to Tongshan, 1928.

Thurs. 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. Long drought in Hong-

kong broke, 2 ins. of rain in 2 days, 1929.

Treaty between England and China signed at Tientsin, 1858. Additional Convention

between France and China signed at Peiping, 1887.

27 12 Treaty between France and China signed, 1858. Confiscation of the str. “ Prince Albert ”

by the British Consul and Customs at Canton, 1866.

Sun. 13 4TII AFTER TRINITY. Germans signed Preace, 1919. Agreement effected between Great

Britain and the United States for reciprocal protection of British and American Trade

Marks in China, 1905.

Mon. 29 14 The Foreign Ministers admitted to an audience of the Emperor of China at Peiping,

1873. Indian Mints closed to silver, 1893.

Tues. 30 15 British expedition to China arrived, 1840. Opening of a section of the Shanghai and

Wosuong 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 1931

JCJLY-31 DAYS

SUNRISE SUNSET HOSGKONO TEMPERATURE

1st 5h. 42m. 7h. llm. 1929 1930

15th 5h. 47m. 7h. llm. Mean Maximum 85.9 86.8

Mean Minimum 78.1 78.5

Mean 81.6 82.3

MOON’S PHASES

d. h. BAROMETER, 1930, AT SEA LEVEL

Last Quarter ... 8 7 52 A.M Mean 29.61 inches

New Moon ... 15 8 20 P.M.

First Quarter... 22 1 16 P.M. 1929 RAINFALL 1930

Full Moon ... 29 8 47 P.M. 22.700 inches 29.025 inches

DAYS OF [DAYS OF 5 & 6 I CHRONOLOGY OF REMARKABLE EVENTS

WBBK MONTH MOONS

Wed. J 1 16 DOMINION DAY, CANADA. Hakodate, Kanagawa, and Nagasaki, Japan, opened to trade,

1857. Two Swedish missionaries murdered at Sungpu, 1893. Restoration ol Emperor

of China by Chang Hsun, 1917.

Thurs. 2 17 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.

Fri. j 3 18 Steamer “Don Juan” burnt at sea near Philippines; 145 persons perished, 1893.

Hongkong low level electric tram service opened, 1904.

Satur. | 4 19 INDEPENDENCE DAY, U.S.A. Declaration American Independence, 1776. Telegraph cable

laid between Hongkong and Macao, 1884. U.S. Pacific Cable opened to Manila.

Sun. 5 20 5TH AFTER TRINITY. Tinghai first taken, 1840. Attack on British Embassy at Tokyo,

1886. Duke of Connaught’s Statue unveiled in Hongkong, 1902. Hongkong Legisla-

tive Council voted $50,000 for the relief of distress in the West River districts, 1914.

Mon. 6 21 Order of nobility instituted in Japan, 1884. Marshall Li Tsai Hsin left for Nanking, 1928.

Tues. I 7 22 Serious flooding of the West River involving great loss of life and damage to property, 1915.

Wed. | 8 23 Canton factories attacked by Chinese, 1846. Japanese occupy Sakhalin, 1905.

Thurs. | 9 24 First Dutch embassy arrived at Tientsin, 1656.

Fri. i 10 Portuguese fleet left Malacca for China, 1522. The Yangtsze blockaded by British fleet,

1840. Rebellion against Yuan Shih Kai broke out in the Yangtsze provinces, 1913.

Satur. 11 26 Amherst’s embassy arrived in China, 1816. Eight ins. rain in 4 days in Hongkong, 1929.

Sun. 12 27 6TH AFTER TRINITY. Foreign Inspectorate of Customs established in Shanghai, 1854.

Macao troops commenced operations to exterminate pirates at Colowan Island, 1910.

Mon. 13 28 First English ship reached China. 1635. French gunboats fired on by Siamese at

Paknam, 1803. Pirates attacked S. S. “Sainam” on West River, 1900. Nanking

“terminated” French trade conventions, 1928.

Tues. 14 29 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.

Wed. 15 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 Cape D’Aguilar opened, 1915.

Thurs. 16 British trade with China re-opened, 1842, The King of Cambodia arrived on a visit to

Hongkong, 1872. Chinese boycott of Shameen begins, 1924.

Fri. 17 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.

Satur. is Terrible earthquake at Manila, 1880. Floods cause collapse of houses at Po King

Fong, Hongkong, 71 deaths, 1925.

Sun. 19 5 7TH AFTER TRINITY. Nanking captured by the Imperialists, 1864. Indo-China s.s.

“Hopsang” sunk by Russians, Pechili Gulf, 1904. Great storm in Hongkong, 20.43

ins. of rain in 9 hours, 1926.

Mon. 20 6 Wreck of the C.M.S.N. Co.’s str. “Pautah” on Shantung Promontory, 1887.

Tues 21 Yellow River burst its banks at Chang-kiu, Shangtung, great inundation, 1889. Typhoon

in Hongkong, 1902. Death of Sir Kai Ho Kai of the Hongkong Executive Council, 1914.

Indian ran amok at district police station Hongkong, turning machine gun on station

force, 1930.

Wed.

Thurs. Attack on Japanese Legation at Seoul, Corea, 1882. 12 hour street fountain supply of

water in Hongkong, 1929.

Fri. British trade prohibited at Canton, 1834. Anglo-Chinese Burmah Convention signed

at Peping, 1886.

Sat. 25 “ 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.

Sun. 26 8TH AFTER TRINITY. Great flood at Chefoo kills 1,000, 1903.

Mon. 27 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

Hongkong, 1908. “Empress of China” wrecked, 1911.

Nanking re-taken by Imperialists, 1864. Sir Matthew Nathan arrived Hongkong, 1904.

Severe typhoon visits. Shanghai, 1915.

German gunboat “ litis ” wrecked off Shantung Promontory, 1896. Outbreak of rebellion

at Manila. 1896. Emperor Mutsuhito of Japan died, 1912. Radio service inaugurated

between Hongkong and Manila, 1927.

8 16 Severe typhoon at Macao, 1836.

FH!' ' 31 17

THE CALENDAK POE 1931

AUGUST-31 DAYS

SUNRISE SUNSET HONGKONG TEMPERATURE

... 5h. 54m. 7h. 04m. 1929 1930

... 6h. 00m. 6h. 55m. Mean Maximum 85.8 86.9

Mean Minimum 77.6 78.5

MOON’S PHASES Mean 81.1 82.1

BAROMETER, 1930, AT SEA LEVEL

Last Quarter .. Mean 29.76 inches

New Moon

First Quarter..

DAYS OP DAYS or I 6&7 CHRONOLOGY OF RBMARKABLK EVENTS

WKKK MONTH MOONS |

Satur. 1 LAMMAS DAY. Both China and Japan declared war, 1894. Kucheng massacre, 1896.

.1 Germany declared war against Russia, 1914.

Sun. 2 9TH AFTER TRINITY. 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.

Mon. 3 BANK HOLIDAY. British fleet arrived before Nanking, 1842. First Chinese Bazaar held

at Canton, 1908.

21 War declared by Great Britain against Germany, 1914. Macartney’s Embassy entered

Peiho, 1796. Bombardment of Keelung by French, 1884. Allied march on Peiping

started, 1900. Li Hung Chang visited Queen Victoria, 1896.

Wed. 5 22 I Political unrest in Kwangtung culminated in serious fighting 1916.

Thurs. 6 23 j Serious flood at Tientsin, 1871. Hongkong Volunteers mobilised, 1914.

Fri. 7 24 British Squadron arrived off the Peiho, 1840.

Satur. 8 25 Assassination of Mr. Haber, German Consul, at Hakodate, 1874.

Sun. 9 26 10TH AFTER TRINITY. 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 opponents in undisputed possession of the city and province.

Mon. 27 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.

Tues. 28 First public meeting of British merchants in Canton, called by Lord Napier, who

suggested the establishment of a Chamber of Commerce, 1834.

Wed.

Thurs. Tong-ur-ku taken, 1860. Japanese squadron sinks Russian cruiser llurik

174 British prisoners executed in Formosa, 1842. Manila occupied by U.S. Troops, 1898.

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.

Fri. British steamer “ Glenfarg ” sunk after striking a submerged rock near Goto Islands, 1914.

China declares war against Germany and Austria-Hungary, 1917.

2 Greatfire onFrench Concession, Shanghai, 991 houses destroyed, 1879. Peiping 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.

Sun. 3 11TH AFTER TRINITY. British trade of Canton stopped by Hong merchants, 1834. French

Treaty with Siam signed, 1856.

“Empress of India” sinks Chinese cruiser “Wong Tai” in collision near Swatow, 1903,

Destructive typhoon at Macao, 1913.

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 1908. Martial law declared along C.E.R., large bodies of

Wed. 19 Soviet troops invaded Manchouli, 1929.

Thurs. 20 First conference between Sir Henry Pottinger and Ki-ying on board the “Cornwallis,”

at Nanking, 1842. Taku forts taken by the Allied forces, 1860.

Fri. 21 Palace Revolution at Peping, Empress Dowager again assumes the Regency, 1898.

Chinese boycott of Shameen ends, 1924.

Satur. 22 9 Governor Amaral, Macao, assassinated, 1849. Seizure of steamer “Spark" by pirates

between Canton and Macao, 1874. Telegraph line to Peiping opened, 1884. Korea

annexed by Japanese, 1910. H.M.S. “Bedford” wrecked at Quelpart, 1910. Severe

typhoon struck Hongkong, 1929.

Sun. 23 10 12TH AFTER TRINITY. Large meeting in Hongkong to protest against the military con-

tribution, 1864. Chinese fleet at Pagoda Anchorage destroyed by French, 1884. Japan

declared war bn Germany, who had ignored her request to evacuate Kiaochow with a

view to its “ eventual restoration ” to China, 1914. Severe typhoon struck Macao, 1927.

Mon 24 11 Wreck of the C. N. Co.’s str. “Tientsin” near Swatow, 1887. Disturbances at Amoy,

Japanese landed marines, 1900.

Tues. 12 British Chamber of Commerce established at Canton, 1834. Treaty between Great Britain

and Japan signed, 1858. Japanese naval disaster at Mazura, 1927.

Wed. 26 13 British left Macao, 1839. British steamer “Dunearn” foundered in a typhoon off Goto

Islands, 1908.

Thurs. 27 14 Amoy taken by the English, 296 guns captured, 1841.

Fri. 15 Lord Amherst’s Embassy left for Yuen-ming-yuen, 1816. Slavery abolished in British,

possessions, 1833. Kimpai forts silenced by French, 1884. Hongkong Legislative

Council passes Ordinance to admit enemy aliens only on licence for 3 years, 1919.

Satur. 29 16 Treaty of Nanking signed, 1842. Final sitting of H.K. Water Emergency Commn., 1929.

Sun. 30 17 13TH AFTER TRINITY. Wreck of “Futami Maru” off Cape Calavite, 1900.

Mon 31 18 Severe typhoon on coast of China, 1848. Great War officially ends, 1921.

xvi THE CALENDAR FOR 1931

SEPTEMBER-30 DAYS

SUNRISE SUNSET HONGKONG TEMPERATURE

... 6h. 05m. 6h. 4,1m. 1929 1930

... 6h. 10m. 6h. 28m. Mean Maximum 85.4 83.7

Mean Minimum 77.8 76.4

MOON’S PHASES

Mean 81.2 79.4

BAROMETER, 1930, AT SEA LEVEL

Last Quarter ... Mean 29.87 inches

New Moon

First Quarter ..

Full Moon

OHRONOLOOT OF REMARKABLE EVENTS

Foundation-stone of Gap Rook lighthouse, near Hongkong, laid, 1890. Chinese Imperia-

Decree published announcing a decision to grant Constitutional Government. Extenl

sive floods in Shantung, 1914. Appalling earthquake, followed by fire, wrought

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

Wed. 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.

14TH AFTER TRINITY. H.R.H. Prince Alfred received by the Mikado of Japan, 1860

Chinese Court left Hsianfu on the way to Peiping, 1901. Assassination of Mr. McKinley,

President of the U.S.A. 1901. Sir James Mackay’s Treaty with China signed, 1902.

Mon. Attack on Dr. Greig, near Kirin, by soldiers, 1891. War breaks out in China between

Chihli and Fengtien factions, 1924.

Tues. Great typhoon in Hongkong, 1867. H.I.H. Prince Tsai Hsun visits Hongkong, 1909.

Naval raid on Bias Bay, 50 houses destroyed, 1927.

Wed. 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. Full water

supply to all distucts in Hongkong stopped, 1928.

Japanese flagship “Mikasa” foundered in Sasebo harbour, 1905. Sir Robert Hart died,

1911. Rider main districts restricted to 2 hours per day Hongkong, 1928.

Satur. JEWISH NEW YEAR. Convention signed at Chefoo by Sir Thomas Wade and Li Hung-

chang, 1876.

Sun. 15TH AFTER TRINITY. 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.

Wed. The battle of the Yalu, in which the Chinese were defeated by the Japanese, losing five

vessels, 1894.

Thurs. 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.

16TH AFTER TRINITY,

Count von Waldersee reached Shanghai 1900. Typhoon at Swatow, 1891. Piracy of

“Delhi Maru,” pirates led by woman, 1929.

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

810,000,000 for the development of Hankow, 1914. Appeal at Government House for

81,500,000 to meet immediate needs of Hongkong University, 1919. Major Zanni, Ar-

gentine aviator, reaches Hongkong, 1924. Swatow captured by “Reds,” children shot

in the streets, 1927.

Wed. 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.

Thurs. H.M.S. “Rattler” lost off Japan, 1868. Piratical attack on the German barque “Apenrade,”

near Macao, 1869. The Satsuma rebels in Japan 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.

Satur. Lord Napier arrived at Macao dangerously ill, 1834. Piracy,of s.s. “Anking,” 1928.

Sun. 17TII AFTER TRINITY. Commissioner Lin degraded, 1840. Lord Kitchener in Hongkong, 1909.

Mon. Yellow River burst its banks in Honan; calamitous inundation, 1887. H. A.L. str. “Lydia”

wrecked near Hainan Strait, 1910.

MICHAELMAS DAY. Hurricane at Manila, causing immense damage to shipping, 1865. S.S.

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

Wed. Vro Rruriio fnrf.a Haaf.mVoH hv fVra RrihiaK1S41 S S. ‘{'FTs5fisho,, Hank after Striking'

THE CALENDAR FOR 1931 XVII

OCTOBER—31 DAYS

SUNRISE SUNSET HONGKONG TEMPERATURE

6h. 15m. 6h. 12m. 1929 1930

15th 6h. 19m. 5h. 59m. Mean Maximum 80.6 81.7

Mean Minimum ... ... 73.2 73.1

Mean 76.5 76.8

MOON’S PniSEs

d. h. m.

Last Quarter... 5 4 15 A.M.

New Moon ... 11 9 6 P.M.

First Quarter... 18 5 20 P.M.

Full Moon ... 26 9 34 P.M.

DAIS OF DAYS OF I 8 & 9 I CHRONOLOSY OF REMARKABLE EVENTS

WKKK MONTH MOONS

Thurs. 1 20 The Hongkong Daily Press started, 1857. Inauguration of Hongkong College of

Medicine, 1887. Hyogo declared an open port, 1892. Gold Standard adopted in Japan,

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

Fri.

Satur.

2

3

21

22

Tamsui bombarded by French, 1884. Piracy of s.s. Ningshin

H.E. SirR. E. Stubbs to assume theGovernorship, 1919. Rendition of Wei-Hai Wei,1930.

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. Hongkong Govt. Radio Service opened, 1928.

Bun. 4 23 18TII AFTER TRINITY. Attack on foreigners at Wenchow, 1884. Terrible fire at Amoy,

1902. Typhoon at Hongkong, 1894. Canton-Kowloon Railway opened for through

traffic, 1911. Foundation-stone of new wing to the Tung Wah Hospitai, Hongkong,

laid by H.E. The.Governor, 1920. Searchlight Tattoo, Hongkong, 1928.

Mon. 5 French expedition left Chefoo for Corea, 1866. Arrival in Hongkong of Governor Sir

William Des Voeux, 1887. Marshal Tsao Kun elected President of China, 1923.

Tues. 6 25 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 Peping, hut not received by the Emperor, 1869. Chinese Court

left Kaifengfu on its way to Peiping, 1901.

Wed. 26 “Ironsides” take Kweilin, 1929.

Thurs. 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, 1904. Opening concert of Hongkong Government

broadcasting, 1929.

Fri. Shanghai captured, 1841. Chinhai taken, 1841.

Satur. 10 Lord Napier died at Macao, 1834. Wreck off the Pescadores of the P. & O. str. “Bokhara,”

1892. Yuan Shih Kai inaugurated President of the Chinese Republic, 1913.

Sun. 11 19TH AFTER TRINITY. The first Chinese merchant str. (“Meifoo”) left Hongkong for Lon-

don with passengers to establish a Chinese firm there, 1881. Outbreak of revolution ir>

China at Wuchang, 1911.

Mon. 12 2 Revolt in the Philippines, 1872. Carvalho Yeo, a clerk in the H.K. Treasury, committed

for trial on charges of defrauding the Government of over $260,000, 1928.

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

Mikado, 1872. Allies capture Paotingfu, 1900.

Wed. Amendment to Women and Girls Ordinance, Hongkong, 1929.

£265,0i 0 of Boxer Indeminty granted to Hongkong University ,1930.

Fri. 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 fight Merchants Volunteer

Corps in Canton, 1924. Nationalist envoys murdered at Chefoo, 1928.

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

“ Greyhound,” 1885.

18 20TH AFTER TRINITY.

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

welcomed American Battleship Fleet, 1908. Priacy of the s.s. “Irene,”1927.

20 10 Terrific typhoon at Manila ; enormous damage to property, 1882.

Wed.' 21 H.R.H. Prince Alfred arrived at Shanghai, 1869.

22 12 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.

Fri. 23 King Chulalongkorn of Siam died, 1910. Gen. Feng Yu Hsiang deserts Wu Pei-fu, takes

possession of Peiping, 1924. Chiang Kai Shek became a Christian, 1930.

Satur. 24 Japanese cross the Yalu, 1894.

Sun. 25 21ST AFTER TRINITY. Treaty of Whampoa between France and China signed, 1844.

Kahding recaptured by the Allies, 1862.

Mon. Chin-lien-cheng taken by the Japanese, 1894.

Tues. 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. Miss Maude Roy den arrived in Hongkong, 1928.

29 19 Portuguese frigate “ D. Maria II.” blown up-at Macao, 1850. “Ironsides” invaded

Kwangtung and Kwangsi, 1929. Uprising of natives in Formosa, over 200 Japanese

massacred, 1930.

20 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-

kuan between Fengtien an4 Chihli forces, 1924.

.Satur. 31 H.R.H. Prince Alfred arrived at Hongkong, 1869. Sir R. E. Stubbs, Governor of Hong-

kong, leaves for Home, 1925.

XVIII THE CALENDAR FOR 1931

NOVEMBER—30 DAYS

SUNRISE SUNSET HONGKONG TEMPERATURE

1st 6h. 27m. 5h. 47m. 1929 1930

15th 6h. 35m. 5h. 40m. Mean Maximum 72.2 76.7

Mean Minimum 63.7 66.7

Mean 67.7 70.7

MOON’S PHASES

d. h. BAROMETER, 1930, AT SEA LEVEL

Last Quarter... 3 3 17 P.M. Mean 30.16 inches

New Moon ... 10 6 55 A.M.

First Quarter... 17 10 13 A.M. 1929 RAINFALL 1930

Full Moon ... 25 3 10 P.M. 1.375 inches 0.035 inch

DAYS OF DAYS OF 9 & 10

CHRONOLOGY OF REMARKABLE EVENTS

WKKK MONTH MOONS

N AFTER TRINITY. ALL SAINTS DAY. Theportof Quinhon, Annam, opened to foreign

trade, 1876. Riotous disturbances at Hongkong connected with the boycott of Japan-

ese goods, 1908. Mr. C. Clementi, New' Governor, arrives in Hongkong, 1925. All

rider mains in Hongkong disconnected, supply given through street fountains, 1928.

Wreck of the U.S. cruiser “Charleston" off North Luzon. Wireless telegraph service

opened between Macao and Hongkong, 1920.

IL 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.

President Yuan Shih Kai proclaimed Kuomintang a seditious organisation, 1913. Manchu

Satur. Fall of Tsingtao to Anglo-Japanese forces, 1914.

Peking Gazette,

Emperor evicted from Imperial Palace and Abdication Agreement revised, 1924.

English and French Treaties promulgated in the 1860.

Sun. 23RD AFTER TRINITY. Death of Li Hung-chang, 1901.

Mon. The French repulsed in Corea, 1866. Celebration of Queen Victoria’s Jubilee in Hongkong,

1887. Typhoon at Hongkong, 1900. Independence of Kwangtung province announced.

1911. German cruiser “Eraden” destroyed by H.M.A.S. “Sydney” at Cocos Island,

1914. Hon. Mrs. V. Bruce arrived in Hongkong on flight from England to Japan, 1930.

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

sination of Admiral Tseng Ju-cheng at Shanghai. 1915. Coronation of Emperor

Yoshihito of Japan, 1915. Coronation of Emperor Hirohito of Japan, 1928.

Wed. H.M.S. “Racehorse” wrecked off Chefooin 1864. New Chinese Tariff came into force, 1901.

Armistice arranged in Great War. 1918.

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

Palace, Peping, 1894.

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

interrupted, 1909. Attempted murder of Mr. T. Hamagiuchi, Prime Minister of Japan,

at Tokyo, 1930.

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

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

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

24TH AFTER TRINITY. H.M. gunboat “Gnat” lost on the Palawan, 1868. Opening of

Canton-Fatshan Railway, 1903. Death of the Chinese Empress Dowager Tze Au, 1908.

Shanghai opened to foreign commerce, 1843. Piracy of the s.s. “Sunning,” 1926.

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

General strike of printers commenced in Hongkong, 1911.

Wed. Important Harbour Improvement works at Macao announced, involving an expenditure

of over $10,000,000,1920.

Thurs. Terrific gunpowder explosion at Amoy, 1887. Jesuit fathers expelled from Macao, 1910.

“Sui An” pirated on her way from Macao to Hongkong, 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. Marshall Li Tsai Hsin entertained

at Government House, Hongkong, 1928.

Resignation en bloc

25TH AFTER TRINITY. Boiler explosion on board the str. “ Yesso” in H.K. harbour, 1877.

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. Mar-

shall 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. British Warship, sunk in 1859 at

Taku, discovered at mouth of Haiho, 1927.

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

of Nations Society formed in Hongkong, 1930.

M. Thiers accepts the apology of Ch’ung How, the Chinese Ambassador, for the murder

of the French at Tientsin (June 21st, 1870), 1871. Tung Wah Eastern Hospital, Hong-

kong, opened, 1929.

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

Hongkong, opened, 1900.

Sun. 1ST SUNDAY IN ADVENT. Opening of the Japanese Diet at Tokyo by the Emperor in

person, 1890. Revolt of troops at Macao, 1910.

ST. ANDREW’S DAY. St. Joseph’s Church, Hongkong, consecrated, 1872. The Japanese

cruiser “ Chishima Kan ” sunk in collision with the P. & O. steamer “ Ravenna” in the

Inland Sea, 61 lives lost, 1892. Armistice arranged between Chinese Revolutionists

and Imperialists, 1911. Manchu Emperor seeks sanctuary in Japanese Legation, 1924.

THE CALENDAR FOR 1931 XIX

DECEMBER—31 DAYS

SUNRISE SUNSET HONGKONG TEMPERATURE

1st 6h. 46m. 5h. 38m. 1929 1930

15 th 6h. 55m. 5h. 41m. Mean Maximum 68.8 68.2

31st 7h. 03m. 5h. 49m. Mean Minimum 60.9 60.6

Mean 64.7 64.0

MOON’S PHASES

BAROMETER, 1930, AT SEA LEVEL

Last Quarter ... 50 A.M. Mean ... ... ... .. 30.16 inches

New Moon 16 P.M.

First Quarter... 43 A.M. 1929 RAINFALL 1930

Full Moon ... 23 A.M. 0.420 inch 0.890 inch

PAYS OF! DAYS OF 110 & 11

WBKK MONTH I MOONS CHRONOLOGY OF REMARKABLR EVENTS

Queen Alexandra born, 1844. Treaty of Locarno signed, 1925. Chiang Kai Shek married

Dr. Sun Yat Sen’s sister-in-law, 1927.

Wed. 2 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.

4

S. Francis Xavier died on Sanchoan, 1552.

Fri””' First census of Hongkong taken, population 15,000,1841. “Ironsides” attacked Canton

6

but were repulsed, 1929.

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

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

and not heard of again, 1886.

Sun. 6 27 2ND IN ADVENT.

28 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.

Tues. 8 Piracy of the s.s. “Haiching,” 1929. Rotary started in Hongkong, 1930.

Wed. 9 Ningpo captured by the Taipings, 1861. Consecration of new Pei-tang Cathedral,

Peping, 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.

Fri. 3 Indemnity paid by Prince of Satsuma, 1863. Admiral Bell, U.S.N.,drowned at Osaka,

1867. Communist holocause in Canton, 1927. Peninsula Hotel, Kowloon, opened, 1928.

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

audience every New Year, 1890.

Sun. 5 3RD IN ADVENT. 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 Peiping, 1915. Canton captured by “Reds,”

streets littered with corpses, 1927.

Tues. All Roman Catholic Priests (not Portuguese) expelled from Macao, 1838.

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

May, 1915. Arrival of Bishop of Londou in Hongkong, 1926. Russian vice-consul

executed at Canton, 1927. Ricci Hall, Hongkong University Hostel opened, 1929.

Thurs. 17 9 United States District Court for China opened at Shanghai, 1906. Sir W. Des V®ux,

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. Sports Club, Hongkong, opened, 1928.

10 Sir Hugh Gough and the Eastern Expedition left China, 1842. General Cheung Wa

Cheung completed long distance flight of 3,607 miles, 1928.

Satur. 19 11 Gen. Cheng Ming Shu sworn in as Chairman of Kwangtung Provincial Administrative

Council, 1928.

Sun. 20 12 4TH IN ADVENT. Arrival of Princes Albert Victor and George of Wales at Hongkong in

the “Bacchante, 1881. Two cotton mills destroyed by Are at Osaka, 120 persons

burnt to death, 1893. Tuan Fane murdered, 1911. Britain accepts China’s tariff

proposals, 1928. Hongkong Flying Club formed, 1929.

Mon. 21 Steam navigation first attempted, 1736.

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

Plenipotentiary Elliot, 1836.

Wed. 15 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.

Thurs. British Consulate at Shanghai destroyed by fire, 1870.

Fri. CHRISTMAS DAY. Great fire in Hongkong, 368 houses destroyed, immense destruction

Satur. of property, 1878. Death of Emperor Taisho of Japan, 1926.

18 BOXING DAY. ST. STEPHEN. Great fire at Tokyo, 11,000 houses destroyed, 26 lives

lost, 1897.

Sun. 19 1ST AFTER CHRISTMAS. Dedication of Hongkong Masonic Hall, 1865.

Mon. 20 Canton bombarded by Allied forces of Great Britain and France, 1857. S.S. “Hydran-

Tues. 29 gea ” pirated by passengers in Bias Bay on her way from Hongkong to Swatow, 1923.

21

Wed. 30 22

Thurs. 1 31 23 Dr. Sun Yat Sen elected Provisional President of the Republic of China, 1911.

xx PETROLEUM REFINERS

SHELL MOTOR SPIRIT - - -

SHELL AVIATION SPIRIT - -

SHELL MOTOR LUBRICATING OIL

SHELL INDUSTRIAL OILS - -

KEROSENE FOR ALL PURPOSES -

FUEL OIL FOR ALL PURPOSES -

CANDLES—PARAFFIN WAX - -

LUBRICATING OILS—WHITE OILS

SHELL MINERAL TURPENTINE -

BITUMINOUS PAINT—ASPHALT -

Oil Fuel for Motor Ships, Steamers’ Bunkers and Industrial Purposes at

Aberdeen u Colombo Jarrow-on-Tyne abNonai a San Pedro

a Adelaide (Panama Canal)

Constanza

Karachi

Kingston (Jamaica)

Oslo

Palembang a Santos

Seattle

a Alexandria

Amsterdam

Antofagasta

a Copenhagen

Curacao Las Palmas

Leghorn

aa

a Pladjoe

Palermo

Pangkalan

“ Shanghai

aaShimonoseki

Singapore

Dover

aa Auckland (N.Z.)

Durban

Fall River

Falmouth

Lisbon

aa

Penang

Perim

Berandan

aa

Sourabaya

Southampton

a Avonmouth

Balboa a Frederica

Freemantle

London

(Shellhayen & Pernambuco * b

Stanlow

Stockholm

a (Panama Canal)

Balik Papan aa Gibraltar

Thameshaven)

Macassar

Portishead

Portland (Oregon) Svolvaer

aaBaltimore

Bangkok baGlasgow

Gothenburg

Madras

Malmo a Port Said

Port Sudan

Sydney

Tampa (Florida

aBarton

Batavia aHamburg

Hankow

Malta

Manila

Puerto Mexico

Quebec

a

6 Bergen Havana Maracaibo

aa Rio de Janeiro Trieste

aaa b

Boelebaai Ceram Havre Marseilles Rotterdam Trinidad

Bombay

Bordeaux a

« Hongkong

Honolulu

Melbourne

Miri a Rouen

St. Nazaire

a

Tunis

Tuxpan

Brisbane

Buenos Ayres a Houston (Texas)

Hull

Mombasa

Montevideo aa St. Vincent

Sabang

a

Vado

Valparaiso

aa

Bumpyo (Korea)

Calcutta a

a; Ichang

Iloilo

Montreal

Nagasaki

aa

Saigon

Saitozaki

Vancouver

aa

Canton

Cape Town

Cebu

Iquique

Jacksonville

(Florida)

Naples

New Orleans

New York

San Francisco

San Juan

(Porto Rico)

aa Vera Cruz

Wellington (N.Z.)

Yokohama

Diesel Oil as well as Fuel Oil available. b Diesel Oil only available.

Asiatic Petroleum Co-, £t

CHINA, STRAITS, SIAM AND THE PHILIPPINES.

Compagnie Franco-Asiatique des Petroles.

INDO-CHINA.

De Bataafsche Petroleum Maatschappij.

DUTCH EAST INDIES.

Rising Sun Petroleum Co., Ltd.

JAPAN, COREA AND FORMOSA.

BOOKSELLERS xxi

Directory and Chronicle For

China, Japan, Philippines, British Malaya, etc.

AGENTS:—

Europe

LONDON Lt. Col. H. L. furrow5, 53, Fleet Street, E.C. 4

Do Mr. F. Algar, 58/Q'racechurch Street, London, E.C. 3

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

PARIS Messrs. G. E. Fuel de Lobel & Cie., 53, Rue Lafayette

America

NEW YORK Acme Code Co., 93, Front Street

SAN FRANCISCO Acme Code Co., 311, California Street

Australia

/Messrs. Gordon & Gotch, 123, Pitt Street

SYDNEY H A Goddard, 255A, George Street

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

BRISBANE Messrs. Gordon & Gotch, Queen Street

Canada

VANCOUVER, B.C Mr. C. J. Ward, 1863, West 8th Avenue

India

CALCUTTA Messrs. Thacker, Spink & Co., 3, Esplanade East

iS0MBAY

i xr / “ Times of India ” Office

/Messrs. Thacker & Co.

Far East

TOKYO & YOKOHAMA: Messrs. Maruzen Co., Ltd.

KOBE

FORMOSA Mr. S. Elphipstpne, Taipeh . » ,

PEIPING ......Mr. H. Vetch, The French Book Store, Grand Hotel de Pekin

TIENTSIN Mr. H. Vetch, The French Book Store, 69-71, Rue de France

SHANGHAI, &C Messrs. Frost, Bland & Co., 29, Szechuen Road

FOOCHOW Messrs. Brockett & Co.

AMOY Messrs. Douglas, Lapraik & Co.

SWATOW.... Messrs. Bradley & Co., Ltd.

CANTON Mr. B. F. Wong

MACAO Mr. A. A. de Mello

SAIGON Compagnie de Commerce et de Navigation d’Extreme Orient

a . „„„„ . x-T. f Advertising and Publicity Bureau, Meyers Chambers,

Raffles Place - .

BRITISH MALAYA [^fessrs Kelly & Walsh, Ltd., 32, Raffles Place

MANILA Philippine Education Co.

BORNEO Mr. D. G. Wood, Sandakan

HONG KONG:

HONGKONG DAILY PRESS, LIMITED, 11, ICE HOUSE STREET

XXII FRENCH BANKS

BflPQUe D€

PARIS ec ces PA^S BAS

ESTABLISHED 1872.

CAPITAL (Fully Paid) - Frs. 300,000,000

RESERVE FUNDS - ■ Frs. 310,000,000

HEAD OFFICE: 3, Rue d’Antin, 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 XXIII

Banque Franco-Chinoise

Pour le Commerce et (’Industrie

Subscribed Capital (entirely paid up) Frs. 50,000,000

Surplus

Working Capital and Reserves (Provided by Banque Industrielle de Chine) Frs. 31,837,000

Frs. 50,000,000

CmtaeH 0 ’ JV&mintBtration :

M. GeIOLET

and des (G.), G.O.

Pays-Bas. , President,

Viee-Pr6sident du ConseilPresident honoraire dude Conseil

d’Administration d'Administration de la Banque de Paris

M.M. M.M. la Compagnie du Chemin de Fer du Nord.

'OudotDireeteur

(E.), o.de la Banque

Vice-President,

de Paris & des Pays-Bas. RoBEET(R.) (Leon), 128, Eue du Bae, Paris.

Atthalin (Andr^),

Direeteur o. de Paris & des Pays-Bas. Salle

de la Banque

Ancien Avocat General en Indochine.

(R. J.),de la Banque Nationale de Credit. ChienAncien

AudapDirecteur YungVice-Ministre

Ming, Vice-President,

ment Chinois. des Finances du Gouverne-

CaSENAVE (M.), O. ty, Ministre F16nipotentiaire. Liou Fou TchengGeneral

Ex-Directeur # des Postes Chinoises.

Devies (Maurice)de la Banque

d’Administration vice-pNationale

resident dude Conseil

Credit. Li TCHANG Yl, Commissaire des Finances de ,1a

GeAHMONT (M.) ty, Negociant Industriel a Saigon. Province de Foukien.

'OoiEE (E.) Aneien Ministre. TCHOU Sin LAN, 0. # Ing6nieur Civil.

PoieieeAdministrateur

(Henry), o.de la Banque Franyaise et TcHU Tcheng TcHANG, de la Banque de Chine.

Italienne pour l’Am6rique du Sud. TSI TCHE,k Charge

Paris. d’affaires de la Republique de Chine

iREGNAULT

Ancien (E.), G.O. de France au Japan.

Ambassadeur Wei Tao Ming, des Finances du Gouvernement

Administrateur

de Tunisie. du Credit Foneier d’Algerie et Vice-Ministre

Chinois.

Canute &e Btrertinn &e ^aria:

M. OUDOT (E.), Frendent,

MM. ATTHALIN, AUDAP, CASENAVE, GEAMMONT, CHIEN YUNG MING, LIOU FOU TCHENG.

Canute be Birertfan YUNGbeMING,Pekin:

TCHOU SINMM.LAN,CARRERE,GUEEARDPresident, CHIEN

et Messieurs les Directeurs Vice-President,

des Agences de Shanghai et lYkin.

Contntiaaatre bn Couuernement Jfranraia:

M. de CELLES, C. ■$>, Directeur honoraire au Ministfere des Finances.

CamnxiaaaireM. bn TSENGCouuernement

YOUNG POU. Chtnats:

Birerteur (general: Birerteur (general Chinoia:

M. CABREBE (G.) M. CHIEN YUNG MING.

Brancbes

PARIS

XYONS

France:

HAIPHONG HUE

SAIGON Indo-China:

PNOM-PENH || THANHOA TOURANE PEIPING China: I SHANGHAI

MARSEILLES HANOI QUINHON VINN-BENTHUY HONGKONG | TIENTSIN

HEAD OFEICE:—Paris: 74, rue

LONDON Representative:—!, Broad Street Place. E.C. 2. Saint-Lazare.

bankers

BANQUE DESOCIETE PARIS GENEEALE

ET DES PAYS-BAS France:

POUR FAVORISEBI LE COMMERCE BANQUEETNATIONALE

L’INDUSTRIE.DE CREDIT.

MIDLAND BANK, LTD. London:

LLOYDS(Overseas

BANK, Branch).

LTD. (Colonial |and ForeignBANCA COMMEECIALE ITALIANA.

Department).

IRVING BANK COLUMBIA TRUST Co. NEW I York: MANUFACTURERS TRUST Co.

iBANCA COMMERCIALS ITALIANA. | INTERNATIONAL ACCEPTANCE BANK.

Correspondents Throughout the World.

XXIV BANKS

Hongkong and Shanghai Banking Corporation.

AUTHORISED

PAID-UP CAPITAL

CAPITAL $50,000,000

$20,000,000

RESERVE FUNDS:-

STERLING £6,500,000

RESERVESILVERLIABILITY OF PROPRIETORS $9,500,000$20,000,000

HEAD OFFICE:—HONG KONG.

BOARD OF DIRECTORS:

Hon. J. A.C.PLUMMER,

Mr. Esq.,Deputy

G. S. MACKIE, Chairman

W. A.H. H.BELL, Esq.

COMPTON, Esq. Hon. T.Mr.E. Chairman

J. J. PATERSON.

B. LANDER LEWIS,

G. MISKIN, Esq. Esq. T.PEARCE, Esq. Esq.

H. R. SHAW,

J. P. WARREN, Esq.

BRANCHES:

AMOY HONGKONG

ILOILO PEIPING

BANGKOK IPOH PENANG

BATAVIA JOHORE RANGOON

BOMBAY KOBE SAIGON

CALCUTTA KOWLOON SAN FRANCISCO

CANTON KUALA LUMPUR SHANGHAI

CHEFOO LONDON Do. (HONGKEW)

COLOMBO LYONS SINGAPORE

DAIREN

FOOCHOW MALACCA

MANILA SOURABAYA

HAIPHONG MOUKDEN SUNGEIPATANI

TIENTSIN

HAMBURG

HANKOW MUAR

NAGASAKI TOKYO

HARBIN NEW YORK TSINGTAO

YOKOHAMA

CHIEF MANAGER:—V. M. GRAYBURJV, Esq.

MANAGER: SliangHai—A. B. EOWSON, Esq.

LONDON OFFICE—9, GRACECHURCH STREET, E.C.

LONDON bankers :-WESTMINSTER BANK, LIMITED.

HOIV O.

Interest Allowed

On Current Deposit Accounts at the rate of 1 per cent, per annum on the

minimum monthly balance.

On Fixed Deposits:— Kates may be 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.

V. M. GRAYBURN,

Hongkong, December, 1930. Chief Manager.

BANKS XXV

Chartered Bank of India, Australia and China

Head Office: —38, BISHOPSGATE, LONDON.

INCORPORATED BY ROYAL CHARTER 1853.

CAPITAL, in 600,000 Shares of £5 each £3,000,000

RESERVE FUND £4,000,000

Court of Directors

Sir MONTAGU CORNISH TURNER, Sir HENRY PELHAM WENTWORTH

Chairman. MACNAGHTEN.

COLIN FREDERICK CAMPBELL, Esq. Sir Wm. FOOT MITCHELL.

Sir Wm. H. NEVILLE GOSCHEN, k.b.e. ARCHIBALD ROSE, Esq., c.i.e.

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

EDWARD FAIRBAIRN MACKAY, Esq. A. D’A. WILLIS, Esq.

Chief manager

W. E. PRESTON

J. S. BRUCE managers 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

Amritsar Kuching (Sarawak) Singapore

Bangkok Hamburg Madras Sitiawan

SOURABAYA

Batavia Hankow

Harbin Manila

Medan

Bombay Taiping

Tavoy (F.M.S.)'

Calcutta Hongkong

Iloilo New

PenangYork Tientsin

Canton

Cawnpore Ipoh Peiping (Peking) Tokyo

Cebu Karachi Rangoon Tongkah (Bhuket)'

Colombo Klang Saigon Tsingtao

Dairen (S. Manchuria) Kuala Kangsar Seremban (F.M.S.) Yokohama

Kobe Semarang Zamboanga (Phi-

Delhi Kuala Lumpur Shanghai lippine Islands)

Correspondents in the Chief Commercia places throughout the world.

3, Queen’s Road, Hongkong, 1931. A. H< FERGUSON, Manager.

XXVI BANKS

THE

Mercantile rank ^

^ OF INDIA, T IMITED.

Authorised Capital £3,000,000

Subscribed Capital £1,800,000

Paid-up Capital £1,050,000

Reserve Fund and Rest £1,612,047

HEAD OFFICE: 15, CRACECHURCH ST., LONDON, E.C. 3.

BANKERS:

The Bank of England. Midland Bank, Ltd.

BRANCHES:

BANGKOK IPOH MADRAS

BATAVIA KANDY NEW YORK

BOMBAY KARACHI PENANG

CALCUTTA KOTA BHARU PORT LOUIS (Mauritius)

COLOMBO KUALA KRAI RANGOON

DELHI (Kelantan) SHANGHAI

GALLE KUALA LIPIS (Pahang) SIMLA

HONGKONG KUALA LUMPUR SINGAPORE

HOWRAH KUANTAN (Pahang) SOURABAYA

HONGKONG BRANCH.

Every description of Banking and Exchange Business transacted.

Travellers’ Cheques issued.

Trustee and Executorships undertaken.

INTEREST allowed on Current Accounts and Fixed Deposits at

Rates that may be ascertainted on application.

Telegraphic Address: "PARADISE.”

7, Queen’s Road Central, F. THOROUCOOD

Hongkong, ist January, 1931. Manager.

BANKS XXVII

THE

NHTIONHL CITY BANK

OF

NEW YORK.

Head Office:—

55, WALL STREET, NEW YORK.

Capital, Surplus and Undivided Profits U.S. $224,554,298

Branches in:—

ARGENTINA CUBA JAPAN PORTO RICO

BELGIUM DOMINICAN MANCHURIA REPUBLIC OF

BRAZIL REPUBLIC MEXICO PANAMA

CHILE ENGLAND PERU STRAITS

CHINA INDIA PHILIPPINE SETTLEMENTS

URUGUAY

COLOMBIA ITALY ISLANDS VENEZUELA

Commercial and Travellers' Letters 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.

We are also able to offer our Customers the services of the

Branches of the International Banking Corporation, in San Francisco

and Spain, and also of The National City Bank of New York

(France) S.A., in Paris and Nice.

F. IV!cD. COURTNEY,

Hongkong, January, 1931. Manager.

XXVIII BANKS

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 Hongkong

and Shanghai Bank, to be placed on FIXED DEPOSIT at current rates.

For the Hongkong and Shanghai Banking Corporation,

V. M. GRAYBURN,

Hongkong, December, 1930. Chief Manager.

The Bank of Canton,

Limited.

Head Office: HONGKONG.

Authorized Capital ... Hongkong $11,000,000

Capital, Paid Up ,, $8,665,600

Reserve Fund ... ,, $1,000,000

Branches:

NEW YORK, SAN FRANCISCO, SHANGHAI, CANTON,

HANKOW, BANGKOK.

Correspondents:

In all the Principal Cities of the World.

London Bankers 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 POOIMG SHANj Chief Manager.

SHIPPING XXIX

$ftl>0*4jmra Steam Babiemtion Co:., PC

Fleet:—37 Steamers. 98,366 Gross Tons.

The Company’s

Kumsang, Nam Ocean and

sang, Mausang, Coasting

Suisang, FleetSteamers : .Kittsa^,Kwaisang,

Hosang,

Kwongsang, Fooshing,

Chipshing, Waiship-g, Yats}dng,

Yusang Tingsang, Yuensang,

and Leesang.

Hinsang,

Fausang, Hof ChaJcsang,

sang, Hang sang, Cheongshing,

The Company’s

Luenho, Yangtsze

Suiwo,Paowo. River

Pingwo, Kutwo, FleetSteamers:

Kiangwo, Tungwo, Changwo,Knngwo,

Fuhwo,Loongwo,

Kingwo, Tuclcwo,

Kiawo,

Siangwo and

SERVICES:—

CALCUTTA

ServiceHongkong

between Calcutta, AND JAPAN

Penang, LINE. —

Singapore,An excellent fleetAmoy,

Hongkong,every of freight

Shanghai and passenger steamersThemaintain

vessels onaKvmsang,.

Regular

leave

Namsang, Suisang forandtheYuensang,

above ports

all of approximately

which have superior and and and

10 up-to-date

days includeJapanthePorts,

first-class Fvfsung,accommodation,

passenger Homvg, this run

and

areaccepted

fitted onwiththrough

wireless.Bills ofFully qualified Doctors are carried. Round Trips

Lading to Rangoon, Port Swettenham, Madras and Dutch East-Indies. to Japan at Moderate Rates. Cargo

TsingtauCANTON-HONCKONC-SHANCHAI

Hangsang, viaChaTcsang

Swatow,&nAandEwaisang, LINE.-Regular

vice-versa.whichSteamers Sailings

includeeverytheSunday

on thispassenger-accommodation

line Ewongsang, and Wednesdiiy .to-; Shanghai

I'poshing, Ygtsjiing, and

Hopsang,

Through Tickets and Bills of Lading issued tohaveall Northern

limited and Yangtsze Ports. and are etjuipped with wireless.

betweenabout CANTON-HONCKONC-TIENTSIN

Hongkong Tientsin, callingLINE.at —Swatow,

A Regular Serviceandis occasionally

run from theWeihttiyei

end pf February to December,

leaving every 10anddays. Foochow, and Chefoo, steamers

Mausang, both steamers having wireless and good passenger accommodation. Cargo accepted oh through Billsan

BORNEO LINE. — Sailings between Hongkong and Sandakan are maintained every It) days by the Hinsang

Lading for Kudat, Jesselton, Tawao and Lahad Datu,

are fittedSHANCHAI-WEIHAIWEI-CHEFOO

Wednesdays withandexcellent

Saturdays.firstA class

AND TIENTSIN

accommodation

Modified' and LINE.

Service is maintained

—about

leaveduringThe neweverysteamers Fausang,Sailings

the WinterthreeMonths.

days. TingsangfromandShanghai

Zeesang1

WednesdaySHANCHAI-TSINCTAU

and Saturday. LINE.— a Bi-weekly Service is maintained, steamers leaving Shanghai every

YANCTSZE

Five Sailings from Shanghai LINE.—Theevery twinweek

screwforsteamers Eungwo,

Chinkiang, Zoongwo,

Nanking, Wuhu,Tuckwo,

KiukiangSuiuo,and.Eutuo

Hankow andconnecting

Zuenho maintain

at the-

asteavementioned

Hankow port

for with theonsteamers

Ichang Mondays Eiangwo,

and Pingwo,calling

Thursdays, Tungwoatand YochowPaouo.and Shasi.

The Eianguo,

The Tungwoleaves

Changwo and Hankow

Siangwo-

weekly, for Yochow, Changsha and Siangtan.

connect ICHANC-CHUNCKINC LINE.—TheIchangFuhwoandandLowerEiawo, the largestduringvesselsthenowSummer

operating through the Gorges,

maintainswithSailings the Company’s

between Ichang Hankow, and Chungking duringRiver

the Service

Low Water Season. TheseMonths,

steamersandhavetheexcellent

Eingwo

first-class passenger accommodation and are fitted throughout with electric fans.

Round atTripReduced

and vice-versa, TicketsRates.

are issued From SHANGHAI To HANKOW and From TIENTSIN To SHANGHAI,

General Managers, Hongkong and Shanghai.

XXX SHIPPING

WIHTE EMPRESSES

0/ the PACIFIC

Largest and Fastest Steamships

on the Pacific Ocean

Displacement Gross

Tonnage Registered

Tonnage

Empress of Japan 39 000 26,000

Empress of Canada 32,250 21,500

Empress of Asia 25.350 16,900

Empress of Russia 25,200 16,800

12 Days from China and 8 Days

from Japan to Canada

Regular Fortnightly Service.

HONGKONG-MANILA'SHANGHAPTIENTSIN

NAGASAKI-KOBE'YOKOHAMA and TOKYO.

CANAIIIAN PACIFIC

WOUI.11% «ilfEATEKTTltAVEI. SYSTEM

SHIPPING XXXI,

Douglas steamship Companpt £«

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 $85.00 including Meals while the

steamer is in port.

Fleet of Steamers:—

“ MAIMING ” Tons 2,300

“ HAIYANG ” ... ... ... „ 2,289

“ HAICHING ” „ 2,080

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.

:xxxn CEMENT MANUFACTURERS

PORTLAND CLIENT CO., LTD.

Telephones : Telegraphic

Nos. 66 Address:

& 328. “CIPORTIN

HAIPHONG.”

English French

A.B.C. Code A. Z. Code

5th & 6th 3rd Edition,

Editions, Cogef

Bentley’s Lugagne.

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.”

IND0-C1A LAFARGE ALUMINOUS CEMENTS

SCALES OE COMMISSIONS AND BROKERAGES

HONGKONG GENEKAL CHAMBER OF COMMERCE

Adopted at the Annual General Meeting held \9th May, 1903

Purchasing or selling Tea, Raw Silk, and Cotton ... ... ... 21 per cent.

Purchasing or selling Opium 2 „

Purchasing or selling all other Goods and Produce ... ... ... ... 3 ,,

Purchasing or selling Ships and Landed Property 5 „

Purchasing or selling Stocks and Shares

Inspecting Tea ...

Inspecting Silk

Guaranteeing Sales

Guaranteeing Remittances

Drawing or endorsing Bills of Exchange

Drawing or negotiating Bills of Exchange without recourse

Purchasing or realising Bullion or Bills of Exchange

Remitting

Paying andthereceivingProceedsMoney of Bullion or BillsAccount

in Current of Exchange

Paying Ship’s Disbursements ... ...

Collecting Freight

•Obtaining Freight or Charter

Obtaining Freight or Charter and collecting same Freight

Adjusting Insurance Claims on Amount Recovered

Effecting Insurance, on the Insured Amount

Prosecuting or defending successfully Claims, either at Law or by Arbitration

Prosecuting or defending unsuccessfully

Managing Estates and collecting Rents (on Gross Receipts)

Transhipping and forwarding Jewellery and Bullion 0*

Forwarding or transhipping Cargo 1 „

Transhipping or forwarding Opium $2 per chest.

■Goods withdrawn or re-shipped 4 Commission,

•Granting Letters of Credit ... 1 per cent.

For doing ship’s business when no inward or outward Commission is earned, 20 cts. per Register ton.

The otherwise

conversion into Hongkong currency rateof sterling freight inward to Hongkong, onpayable in Hongkong, shall, unless

the close ofstipulated,

a mail shallbe made

be theatratetheapplicable

for Bank

to suchBillspurpose

on London

duringpayable demand;

the subsequent week.and the rate ruling at

Brokerage on Bills and Bullion 4 per cent. Payable by Seller,

Brokerage on Produce and General Merchandise $ „

Brokerage on Fire Arms 1 „

Brokerage for

procuring Freight Negotiating and completing Charters and )

J ^ ” by Ship.

Brokerage for Negotiating sale or purchase of Landed Property 1 „

_

- ' zz_ _z ^__- - ^ r - ■ * = -

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HngloCbmese Calenbav for 1931

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took <>5 s n r 00

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£ ” g 2®

CHINESE FESTIVALS ANI) OBSERVANCES IN 1931 XXXV

1931

Jan. Slight Cold.

Great Cold.of Spring.

Beginning

Worship

The god ofof the the hearth

god of the hearth

reports at nightfall.

to heaven.

1719 Chinese

Coming New Year’s Day.

Mar. 3 Feast ofofLanterns,

Rain. FSte of Shang-yuen, ruler of heaven.

Mencius

Vernal born, B.C.Fete

371. ofF@te of theof gods of land.worshipped by students.

dayEquinox,

FStepeople offromHung-shing,

drowning,

the god

god of the

and for onsending

literature,

Canton

rain river,timespowerful to preserve

Apr, Tsing-ming

ancestors’orgraves. Tomb FeteFestival;

of Kwanyin, day inpeople

thisgoddess of mercy.

ofworship

drought. at their

F6teandofofHiuen

Peh-te, T’ien Shang-ti, the supreme

Tauist god of the North Pole. ruler of the sombre heavens

May 6 Beginning

Fete of Tienof Heu,Summer.Queen of Heaven, Holy mother, goddess of sailors.

IV. Moon SmallofFullness.

17 6 Fete

SproutingKinSeeds.Hwa, the Cantonese goddess of parturition.

National

Summer fete day. Dragon boat festival and boat races.

Solstice.

National

Anniversary fete of the son of Kwan Ti, god of war.

July 8 Slight Heat. of the Formation of Heaven and Earth.

Great

Fete ofofHeat.

the Goddess

Fete

Beginning Kwan Ti, godofofMercy.

of Autumn. war.

Firstsouls,

day ofwhen the seventh

Buddhist moon. During priests

this moonreadismasses

held theto festival ofsouls

all

from purgatory,

incantations scatterandriceTauist

accompanied by tofinger

feedplay

starving

imitating

releasemagic

ghosts,mystic

reciteSanskrit

characters

paper clothes which

for are

the onsupposed

benefit oftoofthethe

comfort

souls ofsouls

the indrowned,

purgatory, burn

andfamily.

visit

family

Exhibitions shrines to pray

of groups behalf

ofcombined deceased

statuettes,withdwarftheseplants, members of the

silk festoons, and

ancestral

enlivened tablets

by music are

and fireworks. ceremonies which are

Fete

Fete of the

ofof Chung seven goddesses of the Pleiades, worshipped by women.

Fete

White the godYuen, god of the element earth.

of wealth.

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

Autumnal

National feteEquinox.

Fete

Fete of

of the godday.of(born

Confucius theWorship

Sun.

552

of the moon, and Feast of Lanterns.

B.C.), the founder of Chinese ethics and politics.

Cold Dew.

19 IX. Moon 9 Chung Yang Festival,

ancestors’ graves kite-flying

and ascend day; peopleforon pleasure.

mountains this day worship at their

24 14

Nov.8 7 2829 Fete Frost Descent.

day ofofHwa Kwang, the god of fire.

Beginning Winter.

2324 X. Moon 14 Slight Snow.

Dec. 8 1529 Fete HeavydaySnow.

of Ha Yuen, the god of water.

23 XI. Moon 15 Winter Solstice.

HONG KONG STORM SIGNAL CODES

DAY SIGNALS.

1- T A depression or typhoon exists which may

2— Strong wind with squalls may possibly occur from the S.W. (S-W).

3— JL Strong wind with squalls may possibly occur from the S.E. (E-S.)

4- #■ Typhoon dangerous but dangei

5— A Gale expected from the N.W. (W-N).

d from the S.W. (S-W).

7— | Gale expected from the8 N.I (N-E).

8— # Ga’e expected from the S.E

S.E. (E-S).

1010 — + Wind of typhoon force expe Ha,

or

”"1' c‘,m'

NIGHT SIGNALS (Lamps).

12 3456789 10

II s §§ P II 11 = II = P

lo in ,h ev , on

” "" ” - *"‘ - "' ““on

SUPPLEMENTARY WARNINGS.

CORRECTIONS AND ADDITIONS

The following Changes, were received too late for inclusion in the bohy of the

Directory:—

TOKYO TIENTSIN

On pcic 375— 1 On page 581—

The following entry should read — The following entry should read'—

Chartered Bank of India, Australia jitj Kao lin

and China—Tokyo Agency: 14, Maru-

nouchi, 2-chome, Kojimachi-ku; P.O. Collins & Co., Ltd., Merchants and

Box 85 (Central); Tel. Ad: Temple Commission Agents, and Hydraulic

J. C. Marks, manager Presspackers — 75, Consular Road;

J. Miller, sub-accountant ; Teleph. 31051; Tel.andAd:London

ches at Shanghai Collins. Bran-

On page 407— Directors—C.

C. H. R. Morling

Rutherford, Howard (London),

Payne,

The following entry should read— Win. S. D. O’Hara and Ernest

Satoh

C. F. Reed (Shanghai)

1, Minamidemma-cho, Kyobashi-ku C. S. Morton I P. NT. Voetzky

On page 416— F. E. Offord | As Kapoostin

The following entry should read—

Toyo ShokwaI — 6, Marunouchi San- On page 589—

chome Kojimachi ku Th^ following entry should read—

KOBE ^ & iili m &

Golden Star Oil Co., The—79, Fuku-

On page 490— shima Road, Japanese Concession;

Teleph. 21555; Tel. Ad: Arachis

The following entry should read— is Mori, partner

San San & Co., Import and Export J.C. Goennert,

Gnarowsky, manager

engineer

Merchants—31, Kaigan-dori, 3-chome;

Teleph. 294 (Sannomiya); P.O. Box -345; T. Aoyagi, assistant

Tel. Ad: Sansan;

andH. Bentley’s Codes: A.B.C. 5th edn.

W. Yung, manager HARBIN

On page 639—

PEIPING The following entry should read—

On page 551— Jjl$ X JtB "hT M Su ho tah kung jiang

The following entry should read*— Skoda Works, Ltd. (Far Eastern Office of

# m *1 x n * the Skoda Works, Ltd., Plzen, Czechoslo-

Association of Chinese and American ical vakia),

andSteel Works,Machinery—9,

Electrical Builders of Mechan-

Ryno-

Engineers—6,

President—Yang Tsai Chang Hutung

Pao-Ling chnaya Street, Pristan; Teleph. 45-05;

Secretary—C. Tan Tel. Ad: Skoda works

Editor—Miss Ruth Booker Karel

of FarJan.Eastern

Hora,Branches

e.e , gen’l.(Shanghai)

manager

Treasurer—H. A. Raider Y. Y. Kamburov, m.e., manager (absent)

c

XXXVIII CORRECTIONS AND ADDITIONS

Harbin, Continued:— Shanghai, Continued—

N. Kusik, manager pro. tern. On page 743—

J. A.Titera, administrator

N. Bolotin, e.e., engineer The following entry should read—

B.N. A.Z. Komar,

Lisunor,shipbuilding

sales-engineersalesman CoMPAGNIE FlNANCIERE BeLGO-ChINOISE

L. Fritsche, m.e., engineer, shipbldg. —6, Kiukiang Road; Teleph. 62739; Tel.

J. Hladik, M.E., engr., locomotives Ad:J. Belgochine Hers, general agent

C.H. T.Chow,

Yue, translator

e.e., salesman E. Devleeschouwer, signs per pro.

. S. Karpisek, secretary

V. Symon, assist, do.

Mrs. A.N. A.N. Tichoorazova, cashier

Heyking G. Shumkov On Page 765

Mrs. E. P. Lialina ' The following entry should read—

Miss L. Konicek Y. Maikov

J. N. Pokrovsky A.Mrs.Bieloskov Morozova

A. P. Tichonov

Tsung ko kien ye di tsai kong ssu

Fonciere et Immobiliere de Chine, S.A.,

DAIREN Land and Estate Agents, Construction

ofmentHouses, Supervision

of Estates, and Manage-

Mortgages — Head

On page 654— Office: 9, Avenue Edward VII; Teleph.

The following entry should read— 17008 E.J. Donne,

Chariot,vice-do.

president

® » M. Speelman, managing director

Ibsen, Thor., Importer—181, Yamagate- E.Directors

Sigaut, — J. Bordelongue, do.

dori;

Codes: Teleph. 7070; Lieber’s,

Bentley’s, Tel. Ad: A.B.C.

Thoribsen;

5th Chollot,

Yu Fong R.andFano,

Yih J. Gautier, J.ShiaJ.

Churtong

edn. Improved, Acme and Private P. Miss

J. Chollot, e.c.p.,secretary

technical mgr.

A. Luraschi, signs per pro. E. Moritz,

—. Loonef, clerk of works

On page 656— Miss M. Breen, stenographer

Chaou Fong Wong, accountant

The following entry should read1— S. F. Yang, draughtsman

% 7*

Russian Asiatic Co., The, General Im- On Page 778

porters—181,

7070; Tel. Ad: Troika Yamagata-dori; Teleph. The following entry should read—

A. Luraschi, signs per pro. Hilsberg, Wm.,Electric

Importer

Watches and Clocksof forSwiss

any

purpose—72,

18938; P.O. Box 1313 Road; Teleph.

Szechuen

SHANGHAI

On page 795—

On page 704— The following entry should read—

The following entry should read—

Kong Dah Co., Dealers in all kinds of

Belgian Benevolent Society—6, Kiu- Rice, Office:Flour,

132-138,Grain and Conty;

Route Fodder —Teleph.

Head

kiang Road 32070. Branch Offices: 95-7, Route Pere

President—J.

Yice-presdts.—P. HersBoon and A. Loonis Robert(Teleph. 34507); 633-5, Rue Amiral

Secretary—A. Lampo Bayle; and 162-4, Rue du Pere Fore

CORRECTIONS AND ADDITIONS xxxix

Shanghai, Continued'.— Nanking, Contimied'.—

On page 852— English

Mrs. M. Searle Bates[ Miss Adelaide

Ho Sih-ku

The following entry should read— Francis P. Jones j M. Wixon

Sino-Continental. Co., Importers and Samuel J. Mills | John G. Young

Exporters—35, Jinkee Road; Teleph. History

11955; P.O. Box 1817; Tel. Ad: Contcosino M. Searle Bates

A. Leonsonn Chen Kung-luh | Liu Chi-hsuen

Dick Huang Library Science

G. Kleffel Chen Chang-wei | Tsao Tsu-ping

Mrs. M. Kleffel, secretary Physical Education

CA.Ph. Grieffenhagen

Gregoire | P. C. Luh Tsu Shao-wu

Political Science

Heo Ai-chang | Liu Tsong-pen

NANKING Psychology

Liu Nai-ching

Religion

On page 884— B.Wang

Burgoyne

Chuin Chapman

The following entry should read— Wang Chwen-yong | John G. Young

Sociology

7^1 It Chin ling da sho Hu Chen I Lewis S. C. Smythe

University of Nanking Ko Siang-feng | Wu Ching chao

President’s Office president College of Science

Chen Yu-gwan, Wei Hsioh-ren, dean

Yuen Ching-hsien Chemistry

Miss Minnie H. Purcell Chen Yu-gwan

Treasurer’s Office Chang Sing- Sheo Loh

Miss Elsie M. Priest, treasurer Feng chen Tao Yen-chao

Ti-yuen

Sie Siang, accountant Li Shu-hsien J. Claude Thomson

Business Manager Pan Zung-heo Wang Ying-lai

Wu Shan Mathematics

Chang Tsi-hwa I Wu Yuin-hwai

Construction Department Pan Ting-kwan I Yu Kwan-lan

Chi Chao-chang (Charles T. Gee) Physics

Registrar’s Office Ching Pu (P. King) I Mao Teh-en

Liu Nai-ching, registrar Liu Pao-chi | Wei Hsioh-ren

Tsien Tswen-tien Zoology

Liu Ching-hsi | Swen Shu-fang Nelson S. Chen

College of Arts Fan Teh-shen | JohnTheron Illick

Liu Tsong-pen (Lawrence Lew), dean College of Agriculture and Forestry

John H. Reisnea, co-dean

Chinese

Chang Sheo-i Sie Kia-shen, do.

Hu Agricultural Economics

Hu Siao-shih

Tsiang-tung |I Li

KaoSiao-yuen

Ping-chwen John Lossing Buck

B. Burgoyne Chapman

Hwang Chi-kan j Liu Chi-hsuen Chang Lu-lwan

Tsu Tseh-ling, director of institute

of Chinese cultural studies Chiao Chi-ming Shen

Hsu Chen

Hsien yao

Swen Wen-yu

Li Tsui Ruh-tsuin

Economics

Ko Siang-feng | Wu Shi-shui LiuMing-liang

Rwen-tao Wan WangKwoh-ting

Lih-o

Education Ma Lih-yin Yang Wei

Liu Nai-ching ] WangChwen-yong Pan Hong-sheng Yieh Meo

Shao Teh hsing Yin Lien-ken

XL CORRECTIONS AND ADDITIONS

Nanking, Continued'.— Chungking, Continued:—

Agronomy

Chen Fang-cha Acting Commissnr.—P. J. Keating

Chen Yien-shan I| Shen

Heh Ching-ming WangTsong-han

Sheo Deputy do. —Lo Yao-ching

District Accountant—M. C. E. C.

Botany Fischer (acting Deputy Commr.)

Chiao Chi-yuen I Wang

Pang Sheo-peng Tai Fan-lan

Pen-chuen

AlbertN.Steward | Wei Ching-chao

Forestry T /® ^ Chufu

Chen

K. H. lCheo

ung I Hwang Shu-tsai Union Franco-Chinoise de Navigation

Chu Hwei-fang | Shen Hsioh-li Directors—E. Charrier, E. Bousquie

Horticulture C, T. Huang, Chinese manager

T. F. Li, Chinese assist, manager

Chang Wen-tsai | Tang Ih

Hu Chang-chi H. C. Teng, clerk-in-charge

Rural Extension

Chang

Chang Chi-wen

Yuen-wei | Cheo Ming-i

Library CANTON

Liu

Chen Chang-wei librarian

Kwoh-chuin,

Chen Tsu-kwei Liu Shen-pu

Cheo Keh-ying On page 966—

Chiu Shui-leng Tsao WangTsu-ping

Chao-yong The following entry should read—

Ho Si-fang Wan Kwoh-ting

Middle School f| Cheong wah

Djang Fang, principal Canton Overseas Trading Co., Ltd.,

Exporters, Importers, Manufacturers,

Shipping and Commission Agents—2,

Sha Kee Road (2nd floor); Teleph. 13722;

HANKOW Tel.

edn.,Ad:

Acme,Conscience; Codes:

Bentley’s and otherA.B.C. 6th

Standard

On page 909— Codes

W. S. Mak, managing director

The following entry should read'— H.

H. T.F. Leung,

Leung, director

do.

^ ^ ^ An chen hung sze J. R. Chan

Tang & Co., Ltd., W. A., Antimony Pro- W. H.

Y. S. HoMak |I S.C. K.S. Wong

Mak

ducers andConcession;

Japanese Distributors—67,

Tel. Ad:Yamatogai,

Watangco;

Codes: Acme, A.B.C. 6th edn., Bentley’s, On page 970—

Universal and Private

The following entries should read-

CHUNGKING Karan.ua & Co., C. M., Silk Merchants

Exporters

Concession, and Importers—21,

Shameen; French

Tel. Ad: Patell

On page 923— P. B. Dhabher

The following entries should read— B. R. Iranee

ft m % ® m »\ w Kruse & Co., Importers and Exporters—

Si chwan yu wu hwan li chu

Post Office (Western Szechwan District) 64,P.British Concession, Shameen

Hell (Hamburg)

—Head Office: Chengtu; Teh Ad: G. Hartig (Hongkong)

Postos, Chengtu G. Philipp

CORRECTIONS AND ADDITIONS XLI

Canton, Continued'.— Canton, Continued’.—

On page 970— On page 974—

The following entry should read— The following entry should read—

t * S iBJ is * * Strong & Co., Exporters—37, British

Kwangtung River Conservancy Com- Concession, Shameen

A. F.Schubert,

mission (Before: Board of Conservancy

Works of Kwangtung)—White Cloud Kraemer,manager

signs per pro.

Road (opposite Canton-Kowloon Rail- Sole Agents for

way Station); Teleph. 11437; Tel. Ad: Strong & Co., London

Conservanc; Code used:of Bentley’s

Principal Member Commission—

Koo Ying Fun

Members of Commission — Hu Han KOUANG TCHEOU WAN

Min, Sun Fo,

Te-sheng, LamChan

ChikTsaiMin,Tong,

Fan KeeWu

Mo, Wong

Shu, ChanChungChak,Wai,

Lam Chan

Wan MingKoi, On page 987—

Tang Yin Hwa and Lee Hoi Wan The following entry should read—

Engineer-in-Chief — Major

Olivecrona (R. Swed. CorpsG.of E.),

W. c.E.

D.

Engineering Assistants—Capt. N. R. Administrateur-Tche-Kam Maire—Va yssieres, cheva-

Bjuke

H. Fan(R.andSwed. CorpsSuen

To Wai of E.), c.E., T. lier de la Legion d’Honneur, admini-

strateur de 3eme classe des services

civils de ITndochine

On page 972— Commissaire de police—Galas

The following entry should read— Hopital Indigene—IXrs. Kodjon Tsin et

Pierre Wong

British Episcopal Church Establish- Kong-Koc de la vide—Tsang-Hoc-Tam

ment, Christ Church—Shameen

Trustees — The Bishop of Victoria,

H.B.M. Consul-General, H.B.M.

Vice-Consul HONGKONG

Committee—Rev.

C. Willson, o.b.e.,P.andJenkins, Major

V. P. Waters

Hon. Secy, and Treas.—L. B. Wood ^ On page 1078—

On page 973— The following entry should read—

The following entry should read— Gale UnionCo.Building

(Fed. Inc.,(5th U.S.A.),

floor); L.Teleph.

E.—

22302; Tel. Ad: Gale; Codes: Acme and

m m m m Airco

L. E. Gale, president (Shanghai)

Rafeek & Co., Shipowners, Importers W. G. Brophy, manager,for Far East

and Exporters, Commission Agents and A. W. Summers, manager for Hong-

Manufacturers’

28, Representatives—27

French Concession, Shameen; and Tel. kongI. M.

andDunnet,

South China

Ad: Rafeek; Codes: Acme, A.B.C. 5th Agencies Miss stenographer

edn., Bentley’s and Private United Aircraft & Transport Corpn.

A. E. M. Rafeek, sole proprietor Detroit Aircraft Corporation

S. Rafeek | I. A. Neiman Ryan Aircraft Corporation

Agencies Waco Aircraft Co.

Slazengers, Ld. Scintilla Magnetoes

Kosmos Drug Co., Ld. Stromberg Carburettors

XLII CORRECTIONS AND ADDITIONS

Hongkong, Continued'.— Hongkong, Continued'.—

On page 1079— Naval Establishments at Hongkong

The following entry should read1— Commodore

charge of A.Naval

H. Walker, o.b.e. (In

Establishments

at Hongkong)

^lj ^ Chee lee

Gerin, Drevard & Co., Exporters — (Broad Pendant in “ Tamar ”)

French Bank Building, Queen’s Road Personal Staff

Cent.; Teleph. 20114; Tel. Ad: Gerivard. Secretary—Paymaster Commander

Head Office: Canton W. K. C. Grace

J.M.Baud,

Drevard, partner

do. Staff

Staff Officer (Operations)—Comdr.

C. Arnulphy, manager F. M.Secretary—Paymaster

C. Curtis

Assist. Lieut.

On page 1095— H. R. Petreduties—Lieut.-Comdr.

Fqr special

The following entry should read— ForT. duty

A. Powell

in Commodore’s Office—

Payr. Sub-Lieut. W. R. Vallance

ft

Chun sun se tuk se hap ma se ta chong sze Civil Secretary and Cashier—H. J.

Johnson, S. Scull

Proctors Stokes & Master,

and Notaries Solicitors,

Public—Offices: Assist. Cashier—H. Marlow

Prince’s

Agents Buildings, Ice House

Platt &Street.

Agents inat London:

Shanghai:Stephenson, Co.

Har- Comdr. of the Dockyard—Lieut.

Commander L. M. Bridge, r.n.

wood & Tatham, 16, Old Broad St., E.C. Assistants to the Commander of the

Daniel John Lewis, sol. & notary pub. Dockyard

G.M. G.M. N.Watson,

Tinson, do.

do. Addington,—D.s.c.,

Lieut.-Comdr. L. G.

R.N., and Comd.

D.F.B.H.Evans, solicitor Boatswain P. Mahoney

Kwok, do. Chief Constructor—S.

R.C.N.C., M.I.N.A. R. Tickner,

M. A. Baptista Constructor — W. H. Wallond,

F. M. Xavier I Mrs. K. Taylor R.C.N.C., M.I.N.A.

A.A. Tate

Rauf I Mrs.

Mrs. P.F. M. Harrop

L. Webber Assistant Constructor—S. I. Hill,

R.C.N.C., M.I.N.A.

Chief

H. B.Engineer—Engineer

Sears, d.s.o., r.n. Captain

On page 1113— First Assistant—Commander (E) T.

The following entry should read'— E. Docksey, r.n. H. P. Southby,

Assists.—Comdr.(E)J.

r.n., and Lieut. (E) J.D. Ainger,R.N.

0^, Dockyard

NAVAL Civil Engr.—E. M. Moon, a.m.i.c.e.

Commander-in-Chief Assist. Engr.—C. P. Gibson, b.sc.,.

a.m.i.c.e.

(Flag in “Suffolk”) Assist. Surveyor—E. V. Pollington

Vice-Admiral—Sir

Kelly, k.c.b., c.m.g.,William

m.v.o. A.(Com-

H. Superintending Electrical Engineer

—W. H. Chatten, a.m.i.e.e.

mander-in-Chief, China Station) Electrical

a.m.i.e.e. Engineer—J. Thomson,

Personal Staff

Secretary—Paymaster

Wethey, o.b.e.— Commander

E. H.Lieut.-Comdr.

Flag Lieut.-Com- Naval Store Officer—E. J. Rabbit,

mander L. A. H. Wright Deputy do. o.b.e.

—F. Bishop

CORRECTIONS AND ADDITION XLIII

Hongkong, Continued:— Hongkong, Continued:—

Assist. Naval Store Officers—C. D. On page 1127—

Bartlett, J. C. Lyal, M.c., and F. C.

Wilkins The following entry should read—

Expense Accounts Officer—W. G.Trice

n & m m

Assist. do. —C. C. Teller Sunley & Co., Importers and Exporters

—P.O. Box 232

Chap.—Rev. H. F. St. Foley,B.A.,R.N.

Medical Officer—Surg. Comdr. P. G. MANILA

Hunt, r.n.

On pages 1469 and 1470—

H.M. Victualling Yard

Deputy The following entry should read—

O. S. N.Victualling

Rickards Store Officer—

‘ Assistant Store Officer—W. Brown Philippine National Bank

Board of Directors—R. Corpus (pre-

R.N. Armament Depot sident), E. B. Schwulst (vice-pres.),

C. M. Cotterman, V. Madrigal, J. L.

Naval Armament Supply Officer— de

Lagdameo Leon, J.(members),

C. Rockwell, andSalvador

Santos

W. C. Shields, m.b.e. Martinez (secretary)

Assistant Nav. Armament Supply

Officer-F. H. Fosse . Executive Officersacting general manager

M. Cuaderno,

D. Pekson, assist, to the genl. mgr.

Naval Ordnance Inspection Depot Santiago Mercado, cashier

Assist. Inspector of Naval Ordnance S. A. Warner, chief accountant

—Comdr. (retd.) E. O. Priestly, F. P. Paterno, manager (foreign dept.)

D.S.C., R.N. Leon Ancheta, assist, mgr. do.

Roman

N. M. Balboa, J. Lacson,

assist,attorney

do.

Geo.

D. T. C.Dikit, Porter,

assist,auditor

do.

On page 1118—

The following entry should read— On page 1483—

» # ± JS * ^ The following entry should read—

Remedios, J. M. D’Almada, Solicitor, &c. Hanson, Orth & Stevenson, Inc., Mer-

—YorkTeleph.

floor); Building,

27758;Chater

Tel. Ad:Road (2nd chants Steamship and Insurance Agents

Dalrem

J. M. D’Almada Remedios, solicitor Charles

Michael D.J. Smith, Orth, president

vice-president

Marcus da Silva, articled clerk

A. A. Noronha, do. Edward C. Walters, 2nd do.

H. Telles Jorge, accountant F. L. Laurence, treasurer

C.Ismail

A. Basto, B.F.T? A.B.D Batterton,

D- T T ir., secretary

XT Forrest

-Ell-

Chan,assist, do.

interpreter W. McGavin

Richards J. H.

J. R. Thornton

Cheung Li Cho,

Wong Tso Chan, clerk do. F. M. Chalmers R. J. Hughes

Lau Man Sang, do. S. Craig W. F. Winter

G. G. Walker C. Hofmann

i

XLIV CORRECTIONS AND ADDITIONS

Manila, Continued:— CEBU

Agencies

NorwichUnion

UnionandFire InsuranceInsce.

Society On page 1511—

Scottish

Yorkshire InsuranceNational

Co., Ld. Co.

Marine The following entries should read—

British Insurance Co., Ld. Co., Ld.

Traders’ Insurance Hanson, Orth & Stevenson, Inc.,Agents

Mer-

London Assurance Corporation

New Zealand Insurance Co., Ld. chants, Steamship and Insurance

Osaka Marine and Fire Insce. Co., Ld. F. B. Richards, agent

R. J. Hughes

Peninsular & Oriental Steam Nav. Co. Agencies—(Same as Manila) | C. Hofmann

Ben Line Steamers

Blue Funnel

Ellerman Line (NewS.S.YorkCo.Service)

& Bucknall (Euro-

pean Service)

Osaka Shosen Kaisha

Chicago WMilwaukee

Andrew, eir & Co. & St. Paul R4y. Isaac S. Eceta (Member of National

John Letham & Sons Association of Cost Accountants), Con-

White Horse Distillers, Ld. sulting Accountant and Auditor^—P O

Box 189

ILOILO

DAVAO

On page 1508—

The following entry should read—

Hanson, Orth & Stevenson, Inc., Mer- Hanson, Orth & Stevnson,

chants, Steamship Inc.,Agents

and Insurance Mer-

chants, Steamship and Insurance

J. R. Thornton,asagent Agents B. A. Batterton, jr., agent

Agencies—Same N. W. Ramsay

Manila with the ad- Agencies—(Same

dition of— as Manila with the ex-

States Line

Steamship Co. ception of the Blue Funnel Line—New

Bank York Service)

HONG KONG TIME SIGNALS.

The Time Ballit ison dropped

Saturdays KowloonatSignal

10 a.m.Hillandis1dropped

p.m., anddaily at 10 a.m.andandHolidays

4 p.m., when

exceptitonis

dropped at 10when a.m. only. on Sundays

the The Ball

ball fail tois hoisted

drop athalf-mast at time

theat correct the 55thwillminute

ithour, and fullat mast

beif possible.

lowered at thepast

5 minutes 57ththeminute.

hour andShould

the

ordinary routine repeated the following

Should the Time Ball

“ Z ” on the Storm Signal mast. be out of order, the above routine will be carried out with the flag «

Time Signals are also given at nighth by means n ofhthree

ra white lamps mounted vertically on

the Observatory wireless mast. From 8 55' O’ to 9 0 0* p.m. the

momentarily every second, except at the 28th, 29th and 54th to 59th second of each minute. lamps are extinguished

The hours refer to Hongkong Standard Time (8 hours East of Greenwich).

Royal Observatory, Hongkong. T. F. Director*

CLAXTON,

TREATIES, CODES, &C.

P

li

I

TREATIES WITH CHINA

GREAT BRITAIN

TREATY BETWEEN HER MAJESTY AND THE EMPEROR OF CHINA

Signed, in the English and Chinese Languages, at Nanking,

29th August, 1842

Ratifications Exchanged at Hongkong, 26th June, 1843

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

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

misunderstandings and consequent hostilities which have arisen between the two

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

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

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

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

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

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

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

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

agreed upon and concluded the following Articles:—

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

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

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

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

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

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

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

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

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

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

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

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

duly discharged by Her Britannic Majesty’s subjects.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1*

NANKING TftEATY, 1842

to British subjects by some of the said Hong merchants, or Co-Hong, who have become

insolvent, and who owe very large sums of money to subjects of Her Britannic Majesty.

Art. YI.—The Government of Her Britannic Majesty having been obliged to send

out an expedition to demand and obtain redress for the violent and unjust proceeding

of the Chinese high authorities towards Her Britannic Majesty’s officers and subjects,

the Emperor of China agrees to pay the sum of twelve millions of dollars, on account

of expenses incurred; and Her Britannic Majesty’s plenipotentiary voluntarily agrees,

on behalf of Her Majesty, to deduct from the said amount of twelve millions of

•dollars, any sums which may have been received by Her Majesty’s combined forces,

as ransom for cities and towns in China, subsequent to the 1st day of August, 1841.

Art. VII.—It is agreed that the total amount of twenty-one millions of dollars,

described in the three preceding Articles, shall be paid as follows:—

Six millions immediately.

Six millions in 1843; that is, three millions on or before the 30th June, and

three millions on or before 31st of December.

Five millions in 1844; that is, two millions and a half on or before the 30th of

June, and two millions and a half on or before the 31st of December.

Four millions in 1845; that is, two millions on or before 30th of June, and

two millions on or before the 31st of December.

And it is further stipulated that interest at the rate of 5 per cent, per annum,

shall be paid by the Government of China on any portion of the above sums that are

not punctually discharged at the periods fixed.

Art. VIII.—The Emperor of China agrees to release, unconditionally, all subjects

of Her Britannic Majesty (whether natives of Europe or India), who may be in con-

finement at this moment in any part of the Chinese Empire.

Art. IX.—The Emperor of China agrees to publish and promulgate, under his

imperial sign manual and seal, a full and entire amnesty and act of indemnity to all

subjects of China, on account of their having resided under, or having had dealings

and intercourse with, or having entered the service of Her Britannic Majesty, or of

Her Majesty’s officers; and His Imperial Majesty further engages to release all

Chinese subjects who may be at this moment in confinement for similar reasons.

Art. X.—His Majesty the Emperor of China agrees to establish at all the

ports which are, by Article II. of this Treaty, to be thrown open for the resort of

British merchants, a fair and regular tariff of export and import customs and other

dues, which tariff shall be publicly notified and promulgated for general information;

and the Emperor further engages that, when British merchants shall have once

paid at any of the said ports the regulated customs and dues, agreeable of the tariff

to be hereafter fixed, such merchandise may be conveyed by Chinese merchants

to any province or city in the interior of the empire of China, on paying a further

amount of transit duties, which shall not exceed per cent, on the tariff value of

such goods.

Art. XI.—It is agreed that Her Britannic Majesty’s chief high officer in China

shall correspond with the Chinese high officers, both at the capital and in the provinces,

under the term “ communication the subordinate British officers and Chinese high

officers in the provinces under the term “ statement,” on the part of the former, and

on the part of the latter, “ declaration,” and the subordinates of both countries on a

footing of perfect equality; merchants and others not holding official situations, and

therefore not included in the above, on both sides for use the term “ representation ”

in all papers addressed to, or intended for, the notice of the respective Govern-

ments.

Art. XII.—On the assent of the Emperor of China to this 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.

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

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

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

year of Taou Kwang.

Heney Pottingee,

Her Majesty's Plenipotentiary.

And signed by the seals of four Chinese Commissioners.

TIENTSIN TREATY, 1858

Ratifications exchanged at Peking, 24th October, 1860

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

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

misunderstanding between the two countries and to place their relations on a more

satisfactory footing in future, have resolved to proceed to a revision and improvement

of the Treaties existing between them; and, for that purpose, have named as their

Plenipotentiaries, that is to say :—

Her Majesty the Queen of Great Britain and Ireland, the Right Honourable the

Earl of Elgin and Kincardine, a Peer of the United Kingdom, and Knight of the

Most Ancient and Most Noble Order of the Thistle.

And His Majesty the Emperor of China, the High Commissioner Kweiliang, a

Senior Chief Secretary of State, styled of the East Cabinet, Captain-General of the

Plain White Banner of the Manchu Banner force, Superintendent-General of the

Administration of Criminal Law; and Hwashana, one of His Imperial Majesty’s

Expositors of the Classics, Manchu President of the Office for the Regulation of the

Civil Establishment, Captain-General of the Bordered Blue 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

fhe 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

Ajfreat Britain, may reside, with his family and establishment, permanently at the

-capital, or may visit it occasionally at the option of the British Government. He

TIENTSIN TREATY, 1858

shall not be called upon to perform any ceremony derogatory to him as representing

the Sovereign of an independent nation on a footing of equality with that of China,

On the other hand, he shall use the same forms of ceremony and respect to His

Majesty the Emperor as are employed by the Ambassadors, Ministers, or Diplomatic

Agents of Her Majesty towards the Sovereigns of independent and equal European

nations.

It is further agreed, that Her Majesty’s Government may acquire at Peking a

site for building, or may hire houses for the accommodation of Her Majesty’s Mission,

and the Chinese Government will assist it in so doing.

Her Majesty’s Representative shall be at liberty to choose his own servants and

attendants, who shall not be subject to any kind of molestation whatever.

Any person guilty of disrespect or violence to Her Majesty’s Representative, or to

any member of his family or establishment, in deed or word, shall be severely punished.

Art. 1Y.—It is further agreed that no obstacle or difficulty shall be made to the

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

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

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

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

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

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

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

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

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

by the British Government.

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

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

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

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

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

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

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

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

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

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

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 Yice-Consuls in charge shall rank with Intendants of Circuit; Yice-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 totrade to a distance-

not exceeding 100 li, and for a period not exceeding five days.

TIENTSIN TREATY, 1858

The provisions of this Article do not apply to crews of ships, for the due restraint

of whom regulations will be drawn up by the Consul and the local authorities.

To Nanking, and other cities, disturbed by persons in arms against the G-ovem-

inent, no pass shall be given, until they shall have been recaptured.

Art. X.—British merchant ships shall have authority to trade upon the Great

River (Yangtsze). The Tipper and Lower Yalley 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

right of residence, buying or renting houses, of leasing land therein, and of building

•churches, hospitals and cemeteries.

Art. XII.—British subjects, whether at the ports or at other places, desiring to

build or open houses, warehouses, churches, hospitals, or burial grounds, shall make

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

the people, equitably and without exaction on either side.

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

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

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

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

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

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

to the laws of China.

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

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

•of Great Britain.

Justice shall be equitably and impartially administered on both sides.

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

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

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

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

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

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

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

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

Art. XVIII.—The Chinese authorities shall at all times afford the fullest

protection to the persons and property of British subjects, whenever these shall have

been subjected to insult or violence. In all cases of incendiarism or robbery, the

local authorities shall at once take the necessary steps for the recovery of the stolen

TIENTSIN TREATY, 1858

property, the suppression of disorder, and the arrest of the guilty parties, whom they

will punish according to law.

Art. XIX.—If any British merchant-vessel, while within Chinese waters, be

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

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

stolen property, that it may be handed over to the Consul for restoration to the owner.

Art. XX.—If any British vessel be at any time wrecked or stranded on the coast

of China, or be compelled to take refuge in any port within the dominions of the

Emperor of China, the Chinese authorities, on being apprised of the fact, shall

immediately adopt measures for its relief and security ; the persons on board shall

receive friendly treatment and shall be furnished, if necessary, with the means of

conveyance to the nearest Consular station.

Art. XXI.—If criminals, subjects of China, shall take refuge in Hongkong or

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

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

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

vessels of British subjects at the open ports, they shall not be harboured or concealed,

but shall be delivered up, on due requisition by the Chinese authorities, addressed to

the British Consul.

Art. XXII.—Should any Chinese subject fail to discharge debts incurred to a

British subject, or should he fraudulently abscond, the Chinese authorities will do their

utmost to effect his arrest and enforce recovery of the debts. The British authorities

will likewise do their utmost to bring to justice any British subject fraudulently

absconding or failing to discharge debts incurred by him to a Chinese subject.

Art. XXIII.—Should natives of China who may repair to Hongkong to trade

incur debts there, the recovery of such debts must be arranged for by the English

Court of Justice on the spot; but should the Chinese debtor abscond, and be known

to have property real or personal within the Chinese territory, it shall be the duty of

the Chinese authorities on application by, and in concert with, the British Consul,

to do their utmost to see justice done between the parties.

Art. XXIV.—It is agreed that British subjects shall pay, on all merchandise

imported or exported by them, the duties prescribed by the tariff; but in no case shall

they be called upon to pay other or higher duties than are required of the subjects

of any other foreign nation.

Art. XXV.—Import duties shall be considered payable on the landing of the

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

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

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

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

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

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

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

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

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

of the British G-overnment, to consider its revision together, so that the tariff, as

revised, may come into operation immediately after the ratification of this Treaty.

Art. XXVII.—It is agreed that either of the high contracting parties to this

Treaty may demand a further revision of the tariff, and of the Commercial Articles of

this Treaty, at the end of ten years; but if no demand be made on either side within

six months after the end of the first ten years, then the tariff shall remain in force for

ten years more, reckoned from the end of the preceding ten years, and so it shall

be at the end of each successive ten years.

Art. XXVIII.—Whereas it was agreed in Article X. of the Treaty of Nanking

that British imports, having paid the tariff duties, should be conveyed into the interior,

free of all further charges, except a transit duty, the amount whereof was not to

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

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

TIENTSIN TREATY, 1858

complained that charges are suddenly and arbitrarily imposed by the provincial

authorities as transit duties upon produce on its way to. the foreign market, and on

imports on their way into the interior, to the detriment of trade ; it is agreed that

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

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

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

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

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

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

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

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

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

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

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

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

shall be issued, which shall exempt the goods 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. XXXIY.—Sets of standard weights and measures, prepared according to

the standard issue'1 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 eonfusion.

Art. XXXY,—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 and1 duties and is ready to take her

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

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

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

10 TIENTSIN TREATY, 1858

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

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

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

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

punished proportionately to the amount exacted.

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

bills of lading, etc., shall be lodged in the hands of the Consul, who will within a

further period of twenty-four hours report to the Superintendent of Customs the name

of the ship, her registered tonnage, and the nature of her cargo. If, owing to neglect

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

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

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

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

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

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

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

officers, any mistake he may discover in bis manifest without incurring this penalty.

Art. XXXVIII.—After receiving from the Consul the report in due form, the

Superintendent of Customs shall grant the vessel a permit to open hatches. If the

master shall open hatches, and begin to discharge any goods, without such permission,

he shall be fined 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 chests

shall be assumed as the tare upon the whole; and upon this principle shall the

tare be fixed upon other goods and packages. If there should be any other points in

dispute which cannot be settled, the British merchant may appeal to his Consul, who

will communicate the particulars of the case to the Superintendent of Customs, that

it may be equitably arranged. But the appeal must be made within twenty-four

hours or it will not be attended to. While such points are still unsettled, the

Superintendent of Customs shall postpone the insertion of the same in his books.

Art. XLIV.—Upon all damaged goods a fair reduction of duty shall be allowed

proportionate to their deterioration. If any disputes arise, they shall be settled in

the manner pointed out in the clause of this Treaty having reference to articles which

pay duty ad valorem.

Art. XLV.—British merchants who may have imported merchandise into any of

the open ports, and paid the duty thereon, if they desire to re-export the same, shall

be entitled to make application to the'; Superintendent of Customs, who, in order to

prevent fraud on the revenue, shall cause examination to be made by suitable officers,

to see that the duties paid on such goods, as entered in the Custom-house books,

correspond with the representations made and that the goods remain with their

original marks unchanged. He shall then make a memorandum of the port-clearance

TIENTSIN TREATY, 1858 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. XLVI.—The Chinese authorities at each port shall adopt the means they

may judge most proper to prevent the revenue suffering from fraud or smuggling.

Art. XLVII.—British merchant-vessels are not entitled to resort to otherthanthe

ports of trade declared open by Treaty; they are not unlawfully to enter other ports in

China, or to carry on clandestine trade along the coast thereof. Any vessel violating this

provision shall, with her cargo, be subject to confiscation by the Chinese Government.

Art. XLVIII.—If any British merchant-vessel be concerned in smuggling, the

goods, whatever their value or nature, shall be subject to confiscation by the Chinese

authorities, and the ship may be prohibited from trading further, and sent away as

soon as her account shall have been adjusted and paid.

Art. XLIX.—All penalties enforced, or confiscations made, under this Treaty

shall belong and be appropriated to the public service of the Government of China.

Art. L.—All official communications addressed by the Diplomatic and Consular

Agent of Her Majesty the Queen to the Chinese Authorities shall, henceforth, be writ-

ten in English. They will for the present be accompanied by a Chinese version, but it

is understood that, in the event of there being any difference of meaning between the

English and Chinese text, the English Government will hold the sense as expressed in

the English text to be the correct sense. This provision is to apply to the Treaty now

negotiated, the Chinese text of which has been carefully corrected by the English original.

Art. LI.—It is agreed that henceforward the character “I” (barbarian) shall not

be applied to the Government or subjects of HerBritannicMajesty 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. LIV.—The British Government and its subjects are hereby confirmed in all

privileges, immunities, and advantages conferred on them by previous Treaties: and

it is hereby expressly stipulated that the British Government and its subjects will be

allowed free and equal participation in all privileges, immunities and advantages that

may have been, or may be hereafter, granted by His Majesty the Emperor of China

to the Government or subjects of any other nation.

Art. LY.—In evidence of her desire for the continuance of a friendly under-

standing, Her Majesty the Queen of Great Britain consents to include in a Separate

Article, which shall be in every respect of equal validity with the Articles of this

Treaty, the condition affecting indemnity for expenses incurred and losses sustained

in the matter of the Canton question.

12

Art. LYI.—The ratifications of this Treaty, under the hand of Her Majesty the

Queen of Great Britain and Ireland, and of His Majesty the Emperor of China, re-

spectively, shall be exchanged at Peking, within a year from this day of signature.

In token whereof the respective Plenipotentiaries have signed and sealed this.

Treaty. Done at Tientsin, this twenty-sixth day of June, in the year of our Lord one

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

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

[l.s.] Elgin and Kincabdine.

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

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

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

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

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

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

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

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

to Her Majesty’s Representatives inChinabythe authorities of the Kwangtung Province.

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

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

the Chinese authorities of Kwangtung.

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

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

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

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

[l.s.] Elgin and Kincaedine.

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

AGREEMENT IN PURSUANCE OE ARTICLES XXVI.

AND XXVIII. OE THE TREATY OE TIENTSIN *

Signed at Shanghai, 8th November, 1858

Whereas it was provided, by the Treaty of Tientsin, that a conference should be

held at Shanghai between Officers deputed by the British Government on the one part

and by the Chinese Government on the other part, for the purpose of determining the

amount of tariff duties and transit dues to be henceforth levied, a conference has been

held accordingly; and its proceedings having been submitted to the Right Honourable

the Earl of Elgin and Kincardine, High Commissioner and Plenipotentiary of Her

Majesty the Queen on the one part; and to Kweiliang, Hwashana, Ho Kwei-tsing,

Ming-shen, and Twan Ching-shih, High Commissioners and Plenipotentiaries of His

Imperial Majesty the Emperor, on the other part, these High Officers have agreed

and determined upon the revised Tariff hereto appended, the rate of transit dues

therewith declared, together with other Rules and Regulations for the better explana-

tion of the Treaty aforesaid ; and do hereby agree that the said Tariff and Rules—

the latter being in ten Articles, thereto appended—shall be equally binding on the

Governments and subjects to both countries with the Treaty itself.

In witness whereof they hereto affix their Seals and Signatures.

Done at Shanghai, in the province of Kiangsu, this eighth day of November, in

the year of our Lord eighteen hundred and fifty-eight, being the third day of the

tenth moon of the eighth year of the reign of Hien Fung.

[l.s.]

Seal of Chinese Plenipotentiaries. Elgin and ofKincardine.

Signatures the Five Chinese Plenipotentiaries.

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 Yunnan Case

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

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

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 ne

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, fr

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 he 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 fami

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 written

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

Yamen.

Section II.—Official Intercourse

Under this heading are included the conditions of intercourse between high

officers in the capital and the provinces, and between Consular officers and Chinese

officials at the ports; also the conduct of judicial proceedings in mixed cases.

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

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 Representatives to consider with them a

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

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

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

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

an understanding on these points essential.

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

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

XVI. of the Treaty of Tientsin; and this is the course to be respectively followed by

the officers of either nationality.

Section III.—Trade

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

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

agrees to move his Government to allow the ground rented by foreigners (the so-called

Concessions) at the different ports, to be regarded as the area of exemption from

lekin; and the Government of China will thereupon allow 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 agreem

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 Grovernment

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 ZeZcm, in order to the prevention of evasion of the Treaty. The

amount of lekin to be collected will be decided by the different Provincial Govern-

ments according to the circumstances of each.

4. —The Chinese Government agree that Transit Duty Cert

framed under one rule at all ports, no difference being made in the conditions set forth

therein; and that, so far as imports are concerned, the nationality of the person

possessing and carrying these is immaterial. Native produce carried from an inland

■centre to a port of shipment, if bond fide intended for shipment to a foreign port,

may be, by treaty, certified by the British subject interested, and exempted by

payment of the half duty from all charges demanded upon it en route. If produce be

not the property of a British subject, or is being carried to a port not for exportation,

it is not entitled to the exemption that would be secured it by the exhibition of a

transit duty certificate. The British Minister is prepared to agree with the Tsung-li

Yamen upon rules that will secure the Chinese Government against abuse of the

privilege as affecting produce.

The words nei-ti (inland) in the clause of Article VII. of the Buies appended to

the Tariff, regarding carriage of imports inland, and of native produce purchased

inland, apply as much to places on the sea coasts and river shores as to places in the

interior not open to foreign trade; the Chinese Government having the right to make

arrangements for the prevention of abuses thereat.

5. —Article XLV. of the Treaty of 1858 prescribed no limit 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 Biver is to be

sanctioned, shall be given effect to within six months after receipt of the Imperial

Decree approving the memorial of the Grand Secretary Li. The date for giving effect

to the stipulations affecting exemption of imports from 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, \%th January, 1891

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

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

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

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

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

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

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

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

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

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

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

of vessels shall be placed on the same footing as merchandise carried by steamers

between Shanghai and Ichang, and shall be dealt with in accordance with Treaty

Tariff Rules, and the Yangtsze Regulations.

III. —All regulations as to the papers and flags to be ca

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 jn 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.

IY.—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 junks and also vessels of Chinese

type, even when the latter may be entitled to carry the British flag, to

take out at the Maritime Custom-house special papers and a special flag

when intended to be employed by British subjects in the transport of goods

between Ichang and Chungking, and without such papers and flag no vessels

of either class shall be allowed the privileges and immunities granted under this

Additional Article. Provided with special papers and flag, vessels of both classes

■shall be allowed to ply between the two ports, and they and their cargoes shall be

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

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

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

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

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

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

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

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

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

between Ichang and Chungking.

Y.—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 he considered as

forming part of the Chefoo Agreement, and as having the same force and validity as

if it were inserted therein word for word. It shall be ratified, and the ratifications

exchanged at Peking, and it shall come into operation six months after its signature,

provided the ratifications have then been exchanged, or if they have not, then on

the date at which such exchange takes place.

Done at Peking in triplicate (three iu 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, ITth August, 1890

Art I.—The boundary of Sikkim and Thibet shall be the crest of the mountain

range separating the waters flowing into the Sikkim Teesta and its affluents from

the waters flowing into the Thibetan Machu and northwards into other rivers of

Thibet. The line commences at Mount Gipmochi on the Bhutan frontier, and follows

the above-mentioned water-parting to the point where it meets Nepaul territory..

Art. II.—It is admitted that the British Government, whose protectorate over

the Sikkim State is hereby recognised, has direct and exclusive control over the

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

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

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

with any other country.

Art. III.-T-The Government of Great Britain and Ireland and the Government

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

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

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

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

satisfactory arrangement by the high contracting Powers.

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

reserved for further examination and future adjustment.

Art. VI.—The high contracting Powers reserve for discussion and arrangement

the method in which official communications between the British authorities in

India and the authorities in Thibet shall be conducted.

Art. VII.—Two Joint Commissioners shall within six months from the ratifica-

tion of this Convention be appointed, one by the British Government in India, the'

other by the Chinese Resident in Thibet. The said Commissioners shall meet and

discuss the questions which by the last three preceding articles have been reserved.

Art. VIII.—The present Convention shall be ratified, and the ratifications shall

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

THE BURMAH CONVENTION

Signed at Peking, 4th February, 1897

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

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

1895, of territory forming a portion of Kiang Hung, in derogation of the provision

THE BURMAH CONVENTION 19

of the Convention between Great Britain and China of March 1st, 1894, it has been

! agreed between the Governments of Great Britain and China that the following

js additions and alterations shall be made in the last-named Convention, hereinafter

j referred to as the Original Convention.

(Articles I. to XI. refer to the Burmah Frontier and trade across it between Burmak

'• 5 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 Rangoon, and that Great Britain

might appoint a Consul to reside at Manwyne, and that the Consuls of the two

Governments should each within the territories of the other enjoy the same

I 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

j and trade at these places under the same conditions as at the Treaty Ports in

| China.

The Consuls appointed as above shall be on the same footing as regards

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

Treaty Ports.

Art. XIV. (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

1 respecting the opening of ports on the West River to foreign trade, and had received

an Imperial Decree in approval of which they officially communicated a copy.

It has now been agreed that the following places, namely, Wuchow Fu in

a Kwangsi, and Samshui city and Bongkun Market in Kwangtung, shall be opened as

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

Samshui and Wuchow and Hongkong and Canton by a route from each of these

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

that the following four places shall be established as ports of call for goods and

passengers under the same regulations as the ports of call on the Yangtsze River,

namely, Kongmoon, Kamchuk, Shiuhing and Takhing.

It is agreed that the present Agreement, together with the Special Article, shall

come into force within four months of the date of signature, and that the ratifications

thereof shall be exchanged at Peking as soon as possible.

In witness whereof the undersigned duly authorised thereto by their respective

Governments have signed the present agreement.

20 KOWLOON EXTENSION AGREEMENT, 1898

Done at Peking in triplicate (three copies in English and three in Chinese),-

the fourth day of February in the Year of our Lord one thousand eight hundred

and ninety-seven.

(Sd.) Clauoe 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, ) Yamen.

THE WEIHAIWEI CONVENTION, 1898

Ratifications exchanged in London, 5th October, 1898

In order to provide Great Britain with a suitable naval harbour in North China,,

and for the 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 Bussia.

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.

Pkince 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.

1923, and the transfer to Chinese control took place in October, 1930.

SUPPLEMENTARY COMMERCIAL TREATY WITH CHINA

Signed at Shanghai, 5th September, 1902

Ratifications exchanged at Peking, 28th July, 1903

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

the British Dominions beyond the Seas, Emperor of India, and His Majesty the Em-

peror of China, having lesolved to enter into negotiations with a view to carrying out

the provisions contained in Article XI. of the Final Protocol signed at Peking on the

7th of September, 1901, under which the Chinese Government agreed to negotiate the

amendments deemed useful by the Foreign Governments to the Treaties of Commerce

and Navigation and other subjects concerning commercial relations with the object of

facilitating them, have for that purpose named as their Plenipotentiaries, that is to

say:—

His Majesty the King of Great Britain and Ireland, His Majesty’s Special Com-

missioner, Sir James Lyle Mackay, Knight Commander of the Most Eminent Order of

the Indian Empire, a member of the Council of the Secretary of State for India, etc.

And His Majesty the Emperor of China, the Imperial Commissioners Lii Hai-huan,

President of the Board of Public Works, etc., and Sheng Hsuan-huai, Junior Guardian

of the Heir Apparent, Senior Vice-President of the Board of Public Works, etc.

Who having communicated to each other their respective full powers, and

•found them to be in good and due form, have agreed upon and concluded the

following Articles:—

Art. I.—Delay having occurred in the past in the issue of Drawback Certificates

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

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

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

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

applicant to receive such Drawback Certificates.

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

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

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

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

the place where the import duty was paid.

But if, in 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 from Hongkong to the Treaty Ports in the Canton Province and vice versa

shall together not be less than the duties charged by the Imperial Maritime Customs

on similar goods carried by steamer.

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

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

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

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

present and future.

THE BRITISH COMMERCIAL TREATY WITH CHINA

It being, moreoyer, 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 Elver. 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 tu

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. YI.—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. Vll.—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 at

24 THE BK1TISH COMMERCIAL TREATY WITH CHINA

destination, impedes the free circulation of commodities and injures the interests of

trade, hereby undertake to discard completely those means of raising revenue with

the limitation mentioned in Section 8.

The British Government, in return, consent to allow a surtax, in excess of the

Tariff rates for the time being in force, to be imposed on foreign goods imported by

British subjects, and a surtax in addition to the export duty on Chinese produce

destined for export abroad or coastwise.

It is clearly understood that after lekin barriers and other stations for taxing

goods in transit have been removed, no attempt shall be made to revive them in any

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

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

terms of the Final Protocol signed by China and the Powers on the 7th day of Sep-

tember, 1901; that payment of the import duty and surtax shall secure for foreign

imports, whether in the hands of Chinese or non-Chinese subjects, in original packages

or otherwise, complete immunity from all other taxation, examination or delay ; that

the total amount of taxation leviable on native produce for export abroad shall, under

no circumstances, exceed 7| per cent, ad valorem.

Keeping these fundamental principles steadily in view, the high contracting

parties have agreed upon the following methods of procedure :—

Section 1.—The Chinese Government undertake that all barriers of whatsoever

kind, collecting lekin or such like dues or duties, shall be permanently abolished on all

roads, railways, and waterways in the Eighteen Provinces of China and the Three

Eastern Provinces. This provision does not apply to the Native Custom-houses at

present in existence on the seaboard or waterways, at open ports, on land routes, and

on land frontiers of China.

Section 2.—The British Government agree that foreign goods on importation, in

addition to the effective 5 per cent. Import duty as provided for in the Protocol of 1901,

shall pay a special surtax equivalent to one and a half times the said duty to com-

pensate for the abolition of lekin, of transit dues in lieu of lekin, and of all other

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

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

opium and native produce as provided for in Sections 3, 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 Hid 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, iXative 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.

Nativeatproduce,

on arrival the first when

Nativetransported from after

Custom-house, one place to another

leaving the placein oftheproduction,

interior, shall,

pay

duty equivalent to the export surtax mentioned in Section 7.

When this duty has been paid, a certificate shall be given which shall describe the

;nature of the goods, weight, number of packages, etc., amount of duty paid and

Intended destination. This certificate, which shall be valid for a fixed period of not

THE BRITISH COMMERCIAL TREATY WITH CHINA 25

less than one year from date of payment of duty, shall free the goods from all taxation,

examination, delay, or stoppage at any other Native Custom-houses passed en route.

If the goods are taken to a place not in the foreign settlements or concessions of an

open port, for local use, they become there liable to the Consumption Tax described

in Section 8.

If the goods are shipped from an open port, the certificate is to be accepted by

the Custom-house concerned, in lieu of the export surtax mentioned in Section 7.

Junks, boats, or carts shall not be subjected to any taxation beyond a small and

reasonable charge, paid periodically at a fixed annual rate. This does not exclude the

right to levy, as at present, tonnage (Chuan Chao) and port dues (Chuan Liao) on

junks.

Section 4.—Foreign opium duty and present lekin—which latter will now become

a surtax in lieu of Ze&m—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

.26 THE BEITISH COMMERCIAL TREATY WITH CHINA

remains the loss of lekin revenue on internal trade to be met, and it is therefore agreed

that the Chinese Government are at liberty to impose a Consumption Tax on articles

of Chinese origin not intended for export.

This tax shall be levied only at places of consumption and not on goods while in

transit, and the Chinese Government solemnly undertake that the arrangements which

they may make for its collection shall in no way interfere with foreign goods or with

native goods for export. The fact of goods being of foreign origin shall of itself free

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

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

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

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

interior.

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

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

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

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

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

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

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

-steamer. As mentioned in Section 8, 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.

on rawA rebate

cotton ofimported

the import

fromduty andcountries,

foreign two-thirdsand

of oftheallimport

duties,surtax is toConsump-

including be given

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 Teh Iron

Works in Hupeh and other similar existing Government Works at present exempt from

taxation; or to that of Arsenals, Government Dockyards, or establishments of that

nature for Government purposes which may hereafter be erected.

Section 10.—A member or members of the Imperial Maritime Customs Foreign

Staff shall be selected by each of the Governors-General and Governors, and appointed,

in consultation with the Inspector-General of Imperial Maritime Customs, to each pro-

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

Native Opium Taxes. These 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 to demand investigation

where from the evidence before him he is satisfied that illegal exactions or obstructions-

have occurred.

Section 12.—The Chinese Government agree to open to foreign trade, on the same

footing as the places opened to foreign trade by the Treaties of Nanking and Tientsin,

the following places, namely:—

Changsha in Hunan;

Wanhsien in Szechuen;

Nganking in Anhui;

Waichow (Hui-chow) in Kwangtung; and

Kongmoon (Chiang-men) in Kwangtung.

Foreigners residing in these open ports are to observe the Municipal and Police

Regulations on the same footing as Chinese residents, and they are not to be entitled

to establish Municipalities and Police of their own within the limits of these Treaty

Ports except with the consent of the Chinese authorities.

If this Article does not come into operation the right to demand under it the

opening of these ports, with the exception of Kongmoon, which is provided for in

Article 10, shall lapse.

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

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

By that date all 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.) Andthattheir assent is neither directly nor indirectly made dependent on the

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

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

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

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

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

engagements.

Section 16.—When the abolition oflekin and other forms of internal taxation on

goods as provided for in this Article has been decided upon and sanctioned, an Imperial

Edict shall be published in due form on yellow paper and circulated, setting forth the

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

goods, except as provided for in this Article.

The Edict shall state that the Provincial High Officials are responsible that any

official disregarding the letter or spirit of its injunction shall be severely punished and

removed from his post.

Art. IX.—The Chinese Government, recognising that it is advantageous for the

country to develop its mineral resources, and that it is desirable to attract Foreign as

well as Chinese capital to embark in mining enterprises, agree within one year from the

signing of this Treaty to initiate and conclude the revision of the existing Mining

Regulations. China will, with all expedition and earnestness, go into the whole

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

other countries, regulations which seem applicable to the condition of China, she will

re-cast her present Mining Rules in such a way as while promoting the interests of

THE BRITISH COMMERCIAL TREATY WITH CHINA

Chinese subjects and not injuring in any way the sovereign rights of China, shall offer

;no impediment to the attraction of foreign capital, or place foreign capitalists at a

.greater disadvantage than they would be under generally accepted foreign regulations.

Any mining concession granted after the publication of these new Rules shall be

-subject to their provisions.

Art. X. —Whereas in the year 1898 the Inland Waters of China were opened to all

•such steam vessels, native or foreign, as might be especially registered for that trade

at the Treaty Ports, and whereas the Regulations dated 28th July, 1898, and Supple-

mentary Rules dated September, 1898, have been found in some respects inconvenient

in working, it is now mutually agreed to amend them and to annex such new Rules

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

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

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

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

under the same regulations as apply to the “ Ports of 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), Mah Ning (Ma-

ning), Kau Kong (Chiu-chiang), Kulow (Ku-lao), Wing On (Yung-an), How Lik

(Houli), Luk Pu (Lu-pu), Yuet Sing (Yiieh-ch'eng), Luk To (Lu-tu) andFungChuen

!(Feng-ch‘uan).

Art. XJ.—His Britannic Majesty’s Government agree to the prohibition of the

general importation of morphia into China, on condition, however, that the Chinese

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

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

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

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

foreign medical practitioner.

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

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

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

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

importing morphia without a permit shall be liable to have such morphia con-

fiscated.

This Article will come into operation on all other Treaty Powers agreeing to its

•conditions, but any morphia actually shipped before that date will not be affected by

this prohibition. *

The Chinese Government on their side undertake to adopt measures at once to

prevent the manufacture of morphia in China.

Art. XII.—China having expressed a strong desire to reform her judicial system

and to bring it into accord with that of Western nations, Great Britain agrees to

give every assistance to such reform, and she will also be prepared to relinquish her

extra-territorial rights when she is satisfied that the state of the Chinese laws, the

arrangement for their administration and other considerations warrant her in so

doing.

Art. XIII.—The missionary question in China being, in the opinion of the

Chinese Government, one requiring careful consideration, so that, if possible, troubles

such as have occurred in the past may be averted in the future, Great Britain agrees

to join in a Commission to investigate this question, and, if possible, to devise means

for securing permanent peace between converts and non-converts, should such a

Commission be formed by China and the Treaty Powers interested.

Art. XIV.—Whereas under Rule V. appended to the Treaty of Tientsin of 1858.

British merchants are permitted to export rice and all other grain from one port of

China to another under the same conditions in respect of security as copper “ cash,”

it is now agreed that in cases of expected scarcity or famine from whatsoever cause in

any district, the Chinese Government shall, on giving twenty-one days’ notice, be at

liberty to prohibit the shipment of rice and other grain from such district.

THE BRITISH COMMERCIAL TREATY WITH CHINA 29

Should any vessel specially chartered to load rice or grain previously contracted

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

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

cargo.

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

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

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

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

Tribute or Army 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

•remain in force for 10 years more, reckoned from the end of the preceding 10 years,

and so it shall be at the end of each successive 10 years.

Any Tariff concession which China may hereafter accord to articles of the produce

or manufacture of any other State shall immediately be extended to similar articles

of the produce or manufacture of His Britannic Majesty’s Dominions by whomsoever

imported.

Treaties already existing between the United Kingdom and China shall continue

in force in so 'far as they are not. abrogated or modified by stipulations of the present

Treaty.

Art. XVI.—The English and Chinese Texts of the present Treaty have been care-

fully compared, but in the event of there being any difference of meaning between

them, the sense as expressed in the English text shall be held to be the correct sense.

The ratifications of this Treaty, under the hand of His Majesty the King of

Great Britain and Ireland and of His Majesty the Emperor of China respectively shall

he 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.

[n.s.] Jas. L. Mackay.

Annex A.—(1)

(Translation)

Lu, President of the Board of Works ;

Sheng, Junior Guardian of the Heir Apparent, Vice-President of the Board of

Works; rr >

Imperial Chinese Commissioners for dealing with questions connected with tbe

Commercial Treaties, to

Sir James Mackay, His Britannic Majesty’s Special Commissioner for the dis-

cussion of Treaty matters.

30 THE BEITISH COMMERCIAL TREATY WITH CHINA

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

(Received August 15, 1902;

We have the honour to inform you that we 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. Mackat.

Lu Hai-huan and Sheng Hsuan-huai,

etc., etc., etc.

Annex B—(1)

(Tkanslation)

Lu, President of the Board of Works ;

Sheng, Junior Guardian of the Heir Apparent, Vice-President of the Board of

Works ;

Imperial Chinese Commissioners for dealing with questions connected with the-

Commercial Treaties, to

Sir James L. Mackat, His Britannic Majesty’s Special Commissioner.

Shanghai, September 2nd, 1902.

We have the honour to inform you that on the 22nd of August, we, in conjunction,

with the Governors-General of the Liang Chiang and the Hu-kuang Provinces, Their

Excellencies Liu and Chang, addressed the following telegraphic Memorial to the-

Throne:—

“ Of the revenue of the different Provinces derived from lehin of all kinds, a

““ Government,

portion is appropriated for theisservice

and the balance reservedof for

the the

foreign

localloans, a portionof for

expenditure thethe Peking

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 lekin

is thereto pledged, these additional taxes shall be allocated to the various Provinces

“ to make up deficiencies and replace revenue, in order that no hardships may be

“ entailed on them. With a view to preserving the original intention underlying the

“ proposal to increase the duties in compensation for the loss of revenue derived from

“ lekin and other imposts on goods, it is further stipulated that the surtaxes shall not

“ be appropriated for other purposes, shall not form part of the Imperial Maritime

■“Customs revenue proper, and shall in no case be pledged as security for any new

“ foreign loan.

“It is therefore necessary to memorialize for the issue of an Edict, giving effect

“ to the above stipulations and directing the Board of Revenue to find out what

•“proportion of the provincial revenues derived from lekin of all kinds, now about

“ to be abolished, each Province has hitherto had to remit, and what proportion it

“ has been entitled to retain, so that, when the Article comes into operation, due

“ apportionment may be made accordingly, thus providing the Provinces with funds

available for local expenditure and displaying equitable and just treatment towards

“all.”

On the 1st instant an Imperial Decree “ Let action, as requested, be taken,”

was issued, and we now do ourselves the honour reverently to transcribe the same

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 Revenue, but that out of these surtaxes each

Province is obliged to remit to Peking the same contribution as that which it has

hitherto remitted out of its 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,

Tour obedient Servant,

(Signed) Jas. L. Mackat.

Their Excellencies,

l u Hai-huan and Sheng Hsuan-huai,

etc., etc., etc.

32 THE BRITISH COMMERCIAL TREATY WITH CHINA

Annex B—(3)

(Translation)

Lit, President of the Board of Works;

Sheng, Junior Q-uardian of the Heir Apparent, Vice-President of the Board of

Works;

Imperial Chinese Commissioners for dealing with questions connected with the

Commercial Treaties, to

Sir James L. Mackay, His Britannic Majesty’s Special Commissioner.

Shanghai, September 5th, 1902.

We have the honour to acknowledge the receipt of your communication of to-day’s

date with regard to the allocation of the surtax funds allotted to the Provinces, and to

inform you that the views therein expressed are the same as our own.

We would, however, wish to point out that, were the whole amount of the alloca-

tion duepaid over to the Provinces, unnecessary expense would be incurred in the

retransmission by them of such portions thereof as would have to be remitted to

Peking in place of the contributions hitherto payable out of lehin revenue. The

amount, therefore, of the allocation due to the Provinces, arranged between them and

the Board of Revenue, will be retained in the hands of the Maritime Customs, who

will await the instructions of the Provinces in regard to the remittance of such

portion thereof as may be necessary to fulfil their obligations, and (on receipt of

these instructions) will send forward the amount direct. The balance will be held

to the order of the Provinces.

In so far as 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 t

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 BRITISH COMMERCIAL TREATY WITH CHINA

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 s

waterways of China opened to steam navigation being to afford facilities for the rapid

transport of both foreign and native merchandise, they undertake to offer no impedi-

ment to the transfer to a Chinese company and the Chinese flag of any British

steamer which may now or hereafter be employed on the inland waters of China

should the owner be willing to make the transfer.

In event of a Chinese company registered under Chinese law being formed to run

steamers on the inland waters of China the fact of British subjects holding shares in

such a company shall not entitle the steamers to fly the British flag.

6. —Registered steamers and their tows are forbidden, just as junk

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 distu

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

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.

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 Navig

of July and September, 1898. The latter, where untouched by the present Rules,

remain in full force and effect; but the present Rules hold in the case of such of the

former Regulations as the present Rules affect. The present Rules, and the

Regulations of July and September, 1898, to which they are supplementary, are

provisional and may be modified, as circumstances require, by mutual consent.

Done at Shanghai this fifth day of September, in the year of Our Lord, 1902,

corresponding with the Chinese date, the fourth day of the eighth moon of the

twenty-eighth year of Kwang Hsu.

[l.s.] Jas. L. Mackat.

0

EMIGRATION CONVENTION

Between the United Kingdom and China respecting the Employment op

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, I860, by Article V.

of which His Imperial Majesty the Emperor of China consented to allow Chinese

subjects, wishing to take service in British Colonies or other parts beyond the seas,

to enter into engagements with British subjects, and to ship themselves and their

families on board of British vessels at the open ports of China in conformity with

Regulations to be drawn up between the two Governments for the protection of such

•emigrants:

And whereas the aforesaid Regulations have not hitherto been framed, His

Majesty the King of the United Kingdom of Great Britain and Ireland and of the

British Dominions beyond the Seas, Emperor of India, and His Majesty the Emperor

•of China have accordingly appointed the following as their respective Plenipo-

tentiaries, that is to say :

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

the British Dominions beyond the Seas, Emperor of India, the Most Honourable

Henry Charles Keith Petty-Pitzmaurice, Marquess of Lansdowne, His Majesty’s

Principal Secretary of State for Foreign Affairs ; and

His Majesty the Emperor of China, Chang Teh-Yih, Brevet Lieutenant-General

of the Chinese Imperial 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 local authorities at the specified Treaty port to take all the steps

necessary to facilitate emigration. The notification herein referred to shall only be

required once in the case of each Colony or Protectorate, except when emigration

under indenture to that Colony or Protectorate from the specified Treaty port has

not taken place during the preceding three years.

EMIGRATION CONVENTION ‘ 35

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 fhe Chinese Inspector; who,

together with the British Consular Officer at the port,.or his Delegate, shall make

known by Proclamation and by means of the native press the text of the Indenture

which the emigrant will have to sign, and any particulars of which the Chinese officer

considers it essential that the emigrant shall be informed, respecting the country to

which the emigrant is to proceed, and respecting its laws.

Art. III.—The British Consular officer at the port, or his Delegate, shall confer

with the Chinese Inspector as to the location and installation of the offices and other

necessary buildings, hereinafter called the Emigration Agency, which shall be erected

or fitted up by the British Government, and at their expense, for the purpose of

carrying on the business of the engagement and shipment of the emigrants, and in

which the Chinese Inspector and his staff shall have suitable accommodation for

carrying on their duties.

Art. IV.—(1.) There shall be posted up in conspicuous places throughout the

Emigration Agency, and more especially in that part of it called the Depot, destined

for the reception of intending emigrants, copies of the Indenture to be entered into

with the emigrant, drawn up in the English and Chinese languages, together with

copies of the special Ordinance, if any, relating to immigration into the particular

Colony or Protectorate for which the emigrants are required.

(2.) There shall be kept a Register in English and in Chinese, in which the names

of intending indentured emigrants shall be inscribed, and in this Register there shall

not be inscribed the name of any person who is under 20 years of age, unless he

shall have produced proof of his having obtained the consent of his parents or other

lawful guardians to emigrate, or, in default of these, of the Magistrate of the district

to which he belongs. After signature of the Indenture according to the Chinese

manner, the emigrant shall not be permitted to leave the 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. VIII.—The Indenture shall be signed, or in cases of illiteracy marked, by

the emigrant after the Chinese manner, in the presence of the British Consular Officer

or his Delegate and of the Chinese Inspector or his Delegate, who shall be respon-

sible to their respective Governments for its provisions having been clearly and fully

explained to the emigrant previous to signature. To each emigrant there shall be

presented a copy of the Indenture drawn up in English and Chinese. Such Inden-

ture shall not be considered as definitive or irrevocable until after the embarkation

of the emigrant.

Art. IX.—In every British Colony or Protectorate to which indentured Chinese

emigrants proceed, an officer or officers shall be appointed, whose duty it shall be to

insure that the emigrant shall have free access to the Courts of Justice to obtain the

redress for 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 do 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, 1883”).

Buies as to space on board (vide Section 58 of “The Indian Emigration

Act, 1883”).

Carriage of qualified surgeon, with necessary medical stores.

Storage of drinking water (vide Buie 113, as amended the 24th February, 1903,

under “The Indian Emigration Act, 1883”).

Provision of adequate distilling apparatus (vide Schedule “ C ” to the rules

under “ The Indian Emigration Act, 1883 ”).

The dietary for each indentured emigrant on board ship shall be as follows per

day:—

Bice, not less than If lb., or flour or bread stuffs .. If lb

Fish (dried or salt) or meat (fresh or preserved) .. Of „

Fresh vegetables of suitable kinds Is1 oz.»

Salt

Chinese tea H„

Chinese condiments in sufficient quantities. »

W ater, for drinking and cooking 1 gallon

or such other articles of food as may be substituted for any of the articles enumerat-

ed in the foregoing scale as being in the opinion of the doctor on board equivalent

thereto.

Notes Exchanged Between the Marquess op Lansdowne and the Chinese

Minister on Signing Convention op 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

38 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 18th, 1904

My Lord Marquess,—In reply to your Lordship’s note of this date, I have the

honour to state that the Chinese Government are in entire accord with His Britannic

Majesty’s Government as to the great importance they attach to the Consuls and Vice-

Consuls to be appointed under Article VI. of the Convention about to be concluded

between the two Governments being men of great experience, and will consider it a

duty which they owe to the emigrant to confine the selection of these officers to such

as in all respects conform to the requirements specified in the note above referred to,

which, together with the present one, it has been mutually agreed shall, in proof of

that understanding, be appended to the said Convention.—I have, &c.

(Signed) T. Y. Cha.no*.

The Marquess of Lansdowne, K.G.,

etc., etc., etc.

OPIUM AGREEMENT

[Done at Peking, May 8th, 1911]

Under the arrangement concluded between His Majesty’s Government and the

Chinese Government three years ago, His Majesty’s Government undertook that if

•during the period of three years from January 1st, 1908, the Chinese Government

should duly carry out the arrangement on their part for reducing the production

•and consumption of opium in China, they would continue in the same proportion of

ten per cent, the annual diminution of the export of opium from India, until the

completion of the full period of ten years in 1917.

His Majesty’s Government, recognizing the sincerity of the Chinese Govern-

ment, and their pronounced success in diminishing the production of opium in China

during the past three years, are prepared to continue the arrangement of 1907 for

the unexpired period of seven years on the following conditions:—

I. —From the first of January, 1911, China shall di

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

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 t

conveyed into any province in China which can establish by clear evidence that it

has effectively suppressed the cultivation and import of native opium.

It is understood, however, that the closing of the ports of Canton and Shanghai

to the import of Indian opium shall not take effect except as the final step on the

!part of the Chinese Government for the completion of the above measure.

IY.—During the period of this Agreement it shall be permissible for His

Majesty’s Government to obtain continuous evidence of this diminution by local

enquiries and investigation conducted by one or more British officials accompanied,

if the Chinese Government so desire, by a Chinese official. Their decision as to the

-extent of cultivation shall be accepted by both parties to .this Agreement.

During the above period one or more British officials shall be given facilities for

reporting on the taxation and trade restrictions on opium away from the Treaty

ports.

Y.—By the arrangement of 1907 His Majesty’s Government agreed to the

despatch by China of an official to India to watch the opium sales on condition that

such official would have no power of interference. His Majesty’s Government

further agree that the official so despatched may be present at the packing of opium

-on the same condition.

40 OPIUM AGREEMENT

VI. —The Chinese Government undertake to levy a u

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 begin

the new rate of consolidated import duty, China will at once cause to be withdrawn

all restrictions placed by the Provincial authorities on the wholesale trade in Indian

opium, such as those recently imposed at Canton and elsewhere, and also all taxation

on the wholesale trade other than the consolidated import duty, and no such

restrictions or taxation shall be again imposed so long as the Additional Article to

the Chefoo Agreement remains as at present.in force.

It is also understood that Indian raw opium having paid the consolidated

import duty shall be exempt from any further taxation whatsoever in the port of

import.

Should the conditions contained in the above two clauses not be duly observed,

His Majesty’s Government shall be at liberty to suspend or terminate this

Agreement at any time.

The foregoing stipulations shall not derogate in any manner from the force of

the laws already published or hereafter to be published by the Imperial Chinese

Government to suppress the smoking of opium and to regulate the retail trade in

the drug in general.

VIII. —With a view to assisting China in the s

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 desirabl

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 sign

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. [x.s.] Tsou Chia-lai.

OPIUM AGREEMENT 41

Annex

On the date of the signature of the Agreement a list shall be taken by the

Commissioners of Customs acting' in concert with the Colonial and Consular officials

of all uncertified Indian opium in bond at the Treaty Ports and of all uncertified

opium in stock in Hongkong which is bond fide intended for the Chinese market,

and all such opium shall be marked with labels and on payment of Tls. 110 con-

solidated import duty shall be entitled to the same Treaty rights and privileges in

China as certificated opium.

Opium so marked and in stock in Hongkong must be exported to a Chinese

port within seven days of the signature of the Agreement.

All other uncertificated Indian opium shall for a period of two months from the

date of the signature of the Agreement be landed at the ports of Shanghai and Canton

only, and at the expiration of this period all Treaty Ports shall be closed to uncerti-

ficated opium provided the Chinese Government have obtained the consent of the

other Treaty Powers.

The Imperial Maritime Customs shall keep a return of all uncertificated opium

landed at Shanghai and Canton during this period of two months, other than opium

marked and labelled as provided above, and such opium shall pay the new rate of

consolidated import duty and shall not be re-exported in bond to other Treaty ports.

In addition to the annual reduction of 5,100 chests already agreed upon, His

Majesty’s Government agree further to reduce the import of Indian opium during

each of the years 1912, 1913 and 1914 by an amount equal to one-third of the total

ascertained amount of the uncertificated Indian opium in bond in Chinese Treaty

Ports, and in stock in Hongkong on the date of signature, plus one-third of the

amount of uncertificated Indian opium landed during the ensuing two months at

Shanghai and Canton.

Done at Peking this eighth day of May one thousand nine hundred and eleven,

being the tenth day of the fourth month of the third year of Hsuan T’ung.

[L.S.] J. N. Jordan. [l.s.] Tsou Chia-lai.

FRANCE

TREATY OE PEACE, FRIENDSHIP, COMMERCE, AND

NAVIGATION BETWEEN FRANCE AND CHINA

Signed, in the French and Chinese Languages, at Tientsin, 27th June, 1858

Ratifications Exchanged at Peking, 25th October, 1860

His Majesty the Emperor of the French and His Majesty the Emperor of China,

being desirous to put an end to the existing misunderstanding between the two

Empires, and wishing to re-establish and improve the relations of friendship, com-

merce, and navigation between the two Powers, have resolved to conclude a new

Treaty based on the common interest of the two countries, and for that purpose have

named as their Plenipotentiaries, that is to say:—

His Majesty the Emperor of the French, Baron G-ros, Grand Officer of the Legion

of Honour, Grand Cross of the Order of the Saviour of Greece, Commander of the

Order of the Conception of Portugal, etc., etc., etc.

And His Majesty the Emperor of China, Kweiliang, Imperial High Commis-

sioner of the Ta-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-Tsing Dynasty, President of the Board of Finance, General of the Bordered

Blue Banner of the Chinese Banner Force, etc., etc., etc.;

Who, having exchanged their full powers, which they have found in good and

due form, have agreed upon the following Articles:—

Art. I.—There shall be perpetual peace and friendship between His Majesty the

Emperor of the French and His Majesty the Emperor of China, and between the

subjects of the two Empires, who shall enjoy equally in the respective States of the

high contracting parties full and entire protection for their persons and property.

Art. II.—In order to maintain the peace so happily re-established between the

two empires it has been agreed between the high contracting parties that, following

in this respect the practice amongst Western nations, the duly accredited diplomatic

agents of His Majesty the Emperor of the French and of His Majesty the Emperor of

China shall have the right of resorting to the capital of the empire when important

affairs call them there. It is agreed between the high contracting parties that

if any one of the Powers having a treaty with China obtains for its diplomatic

agents the right of permanently residing at Peking, France shall immediately enjoy

the same right.

The diplomatic agents shall reciprocally enjoy, in the place of their residence,

the privileges and immunities accorded to them by international law, that is to say,

that their persons, their families, their houses, and their correspondence, shall be

inviolable, that they may take into their service such employes,couriers, interpreters,

servants, etc., etc., as shall be necessary to them.

The expense of every kind occasioned by the diplomatic mission of France in

China shall be defrayed by the French Government. The diplomatic agents whom

TREATY BETWEEN FRANCE AND CHINA 43

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. Y.—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 re ourse 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 YI.—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

44 TEEATY BETWEEN FEANCE AND CHINA

Nanking, the French agents in China shall not deliver passports to their nationals

for this city until the.rebels have been expelled by the Imperial troops.

Art. VII.—French subjects and their families may establish themselves and

trade or pursue their avocations in all security, and without hindrance of any kind

in the ports and cities enumerated in the preceding Article.

They may travel freely between them if they are provided with passports, but

it is expressly forbidden to them to trade elsewhere on the coast in search of

clandestine markets, under pain of confiscation of both the ships and goods used in

such operations, and this confiscation shall be for the benefit of the Chinese Govern-

ment, who, however, before the seizure and confiscation can be legally pronounced,

must advise the French Consul at the nearest port.

Art. VIII.—French subjects who wish to go to interior towns, or ports not open

to foreign vessels, may do so in all security, on the express condition that they are

provided with passports written in French and Chinese, legally delivered by the

diplomatic agents or Consuls of France in China and vised by the Chinese authorities.

In case of the loss of his passport, the French subject who cannot present it

when it is legally required of him shall, if the Chinese authorities of the place refuse

him 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 45

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 Erench

books or themselves purchase Chinese boobs of all descriptions.

Art. XII.—Property of any kind appertaining to French subjects in the Chinese

empire shall be considered by the Chinese inviolable and shall always be respected

by them. The Chinese authorities shall not, under any circumstances whatever,

place French vessels under embargo nor put them under requisition for any service,

be it public or private.

Art. XIII.—The Christian religion having for its essential object the leading i f

men to virtue, the members of all Christian communities shall enjoy entiie security

for their persons and property and the free exercise of their religion, and efficient

protection shall be given the missionaries who travel peaceably in the interior

furnished with passports as provided for in Article VIII.

No hindrance shall be offered by the authorities of the Chinese Empire to the

recognised right of every individual in China to embrace, if he so pleases, Chris-

tianity, and to follow its practices without being liable to any punishment therefor.r

All that has previously been written, proclaimed, or published in China by

order of the Government against the Christian religion is completely abrogated and

remains null and void in all provinces of the empire.

Art. XIV.—No privileged commercial society shall henceforward be estahlihed

in China, and the same shall apply to any organised coalition having for its end the

exercise of a monopoly of trade. In case of the contravention of the present article

the Chinese Authorities, on the representations of the Consul or Consular Agent,

shall advise as to the means of dissolving such associations, of which they are also

bound to prevent the existence by the preceding prohibitions, so as to remove all that

may stand in the way of free competition.

Art. XV.—When a French vessel arrives in the waters of one of the ports open

to foreign trade she shall be at liberty to engage any pilot to take her immediately

into the port, and, in ihe same manner, when, having discharged all legal charges

she shall be ready to put to sea, she shall not be refused pilots to enable her to

leave the port without hindrance or delay.

Any individual who wishes to exercise the profession of pilot for French vessels

may, on the presentation of three certificates from captains of ships, be commissioned

by the French Consul in the same manner as shall be in use with other nations.

The remuneration payable to pilots shall be equitably regulated for each parti-

cular port by the Consul or Consular Agent, who shall fix it, having regard to the

distance and circumstances of the navigation.

Art. XVI.—After the pilot has brought a French trading ship into the port,

the Superintendent of Customs shall depute one or two officers to guard the ship and

prevent fraud. These officers may, according to their convenience, remain in their

own boat or stay on board the ship.

Their pay, food, and expenses shall be a charge on the Chinese Customs, and

they shall not demand any fee or remuneration whatever from the captain or

consignee. Every contravention of this provision shall entail a punishment pro-

portionate to the amount exacted, which also shall be returned in full.

Art. XVII.—Within the twenty-four hours following the arrival of a French

merchant vessel in one of the ports open to foreign trade, the captain, if he be not

unavoidably prevented, and in his default the supercargo or consignee, shall report

at the French Consulate and place in the hands of the Consul the ship’s papers, the

bills of lading, and the manifest. Within the twenty-four hours next following the

Consul shall send to the Superintendent of Customs a detailed note indicating the

name of the vessel, the articles, the tonnage, and the nature of the cargo; if, in

consequence of the negligence of the captain this cannot be accomplished within the

forty-eight hours following the arrival of the vessel, the captain shall be liable to a

penalty of 50 Dollars for each day’s delay, to the profit of the Chinese Government,

but the said penalty shall in no case exceed the sum of 200 Dollars.

46 TREATY BETWEEN FRANCE AND CHINA

Immediately after the reception of the consular note the Superintendent of

Customs shall give a permit to open hatches. If the captain, before having received

the said permit, shall have opened hatches and commenced to discharge, he may

be fined 500 Dollars, and the goods discharged may be seized, the whole to the profit

of the Chinese Government.

Ait. XVIII.—French captains and merchants may hire whatever boats and

lighters they please for the transport of goods and passengers, and the sum to be

paid for such boats shall be settled between the parties themselves, without the

intervention of the Chinese authority, and consequently without its guarantee in case

of accident, fraud, or disappearance of the said boats. The number of these boats

shall not be limited, nor shall a monopoly in respect either of the boats or of the

carriage of merchandise by porters be granted to any one.

Art. XIX.—Whenever a French merchant shall have merchandise to load or

discharge he shall first remit a detailed note of it to the Consul or Consular Agent,

who will immediately charge a recognised interpreter to the Consulate to communicate

it to the Superintendent of Customs. The latter shall at once deliver a permit for

shipping or landing the goods. He will then proceed to the verification of the goods

in such manner that there shall be no chance of loss to any party.

The French merchant must cause himself to be represented (if he does not prefer

to attend himself) at the place of the verification by a person possessing the requisite

knowledge to protect his interest at the time when the verification for the liquida-

tion of the dues is made; otherwise any after claim will be null and of no effect.

With respect to goods subject to an ad valorem duty, if the merchant cannot

agree with the Chinese officers as to their value, then each party shall call in two or

three merchants to examine the goods, and the highest price which shall be offered

by any of them shall be assumed as the value of the said goods.

Duties shall be charged on the net weight; the tare will therefore be deducted.

If the French merchant cannot agree with the Chinese officer on the amount

of tare, each party shall choose a certain number of chests and bales from among the

goods respecting which there is a dispute; these shall be first weighed gross, then

tared and the average tare of these shall be taken as the tare for all the others.

If during the course of verification any difficulty arises which cannot be settled,

the French merchant may claim the intervention of the Consul, who will immediately

bring the subject of dispute to the notice of the Superintendent of Customs, and both

will endeavour to arrive at an amicable arrangement, but the claim must be made

within twenty-four hours; otherwise it will not receive attention. So long as the

result of the dispute remains pending, the Superintendent of Customs shall not enter

the matter in his books, thus leaving every latitude for the examination and solution

of the difficulty. *•

On goods imported which have sustained damage a reduction of duties propor-

tionate to their depreciation shall be made. This shall be equitably determined, and,

if necessary, in the manner above stipulated for the fixing of ad valorem duties.

Art. XX.—Any vessel having entered one of the ports of China, and which has

not yet used the permit to open hatches mentioned in Article XIX., may within two

days of arrival quit that port and proceed to another without having to pay either

tonnage dues or Customs duties, but will discharge them ultimately in the port where

sale of the goods is effected.

Art. XXI.—It is established by common consent that import duties shall be

discharged by the captains or French merchants after the landing and verification

of the goods. Export duties shall in the same manner be paid on the shipment of

the goods. When all tonnage dues and Customs duties shall have been paid in full

by a French vessel the Superintendent of Customs shall give a general 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 47

Chinese Government. These payments may be made in ingots or foreign money,

the relative value of which to sycee shall be determined by agreement between the

Consul or Consular Agent and the Superintendent of Customs in the different ports,

according to time, #place, and circumstances.

Art. XXII.— After the expiration of the two days named, in Art. XX., and

before proceeding to discharge her cargo, every vessel shall pay tonnage-dues accord-

ing to the following scale:—Vessels of one hundred and fifty tons and upwards at

the rate of four mace per ton; vessels of less than one hundred and fifty tons mea-

surement at the rate of one mace per ton.

Any vessel clearing from any of the open ports of China for any other of the

open ports, or trading between China and such ports in Cochin-China as belong tO'

France, or any port in Japan, shall be entitled, on application of the master, to

a special certificate from the Superintendent of Customs, on exhibition of which

the said vessel shall be exempted from all further payment of tonnage-dues in any

open port of China for a period of four months, to be reckoned from the date of

her port-clearance; but after the expiration of four months she shall be required to

pay tonnage-dues again.

Small French vessels and boats of every class, whether with or without sails,

shall be reckoned as coming within the category of vessels of one hundred and fifty

tons and under, and shall pay tonnage-dues at the rate of one mace per ton once in

every four months.

Native craft chartered by French merchants shall in like manner pay tonnage-

dues once in every four months.

Art. XXIII.—All Fiench goods, after having discharged the Customs duties

according to the tariff in one of the ports of China, may be transported into the interior

without being subjected to any further charge except the transit dues according to

the amended scale now in force, which dues shall not be augmented in the future.

If the Chinese Customs Agents, contrary to the tenour of the present Treaty,

make illegal exactions or levy higher dues, they shall be punished according to the

laws of the empire.

Art. XXIV.—Any French vessel entered at one of the ports open to foreign

trade and wishing to discharge only a part of its goods there, shall pay Customs dues

only for the part discharged ; it may transport the remainder of its cargo to another

port and sell it there. The duty shall then be paid.

French subjects having paid in one port the duties on their goods, wishing to

re-export them and send them for sale to another port, shall notify the Consul or

Consular Agent. The latter shall inform the Superintendent of Customs, who, after

having verified the identity of the goods and the perfect integrity of the packages,

shall send to the claimants a declaration attesting that the duties on the said goods

have been paid. Provided with this declaration, the French merchants on their

arrival at the other port shall only have to present it through the medium of the

Consul or Superintendent of Customs, who will deliver for this port 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 alwajs

delegate an employ^ of his administration to be present.

Every unauthorised transhipment, except in case of peril by delay, will entail

the confiscation, to the profit of the Chinese Government, of the whole of the goods

illicitly transhipped.

Art. XXVI.—In each of the ports open to foreign trade the Superintendent of

Customs shall receive for himself, and shall deposit at the French Consulate, legal

Substituted (or the original Article in 1865.

48 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 in order to be in harmony with the changes brought about by time

in the value of the products of the soil or industry of the two empires.

By the payment of these duties, the amount of which it is expressly provided

shall not be increased nor augmented by any kind of charge or surtax whatever,

French subjects shall be free to import into China, from French or foreign ports, and

equally to export from China, to any destination, all goods which shall not be, at the

date of the signing of the present Treaty and according to the classification of the

annexed tariff, the object of a special prohibition or of a special monopoly. The

Chinese Government renouncing therefore the right of augmenting the number of

articles reputed contraband or subject of a monopoly, any modification of the

tariff shall be made only after an understanding has been come to with the French

Government and with its full and entire consent.

W ith 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 settle-

ment of its accounts.

If any foreign vessel fraudulently makes use of the French flag the ‘French

Government shall take the necessary measures for the repression of this abuse.

Art. XXIX.—His Majesty the Emperor of the French may station a vessel of war

in any principal port of the empire where its presence may be considered necessary to

maintain good order and discipline amongst the crews of merchant vessels and to

facilitate the exercise of the Consular authority; all necessary measures shall be taken

to provide that the presence of these vessels of war shall entail no inconvenience, and

their commanders shall receive orders to cause to be executed the 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

TEEATY BETWEEN EEANCE AND CHINA 49

/for tlie salvage of the ship and the preservation of the cargo. The whole shall then

l 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 delris 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 other, trade in the

•ordinary manner, and import and export every kind of merchandise not prohibited.

Art. XXXII.—Should sailors or other persons desert from French ships-of-war,

or leave French trading vessels, the Chinese authority, on the requisition of the

Consul, or failing the Consul that of the captain, shall at once use every means to

discover and restore the aforesaid fugitives into the hands of one or the other of them.

In the same manner, if Chinese deserters or persons accused of any crime take

refuge in French house or on board of French vessels, the local authority shall

address the Consul, who, on proof of the guilt of the accused, shall immediately take

the measures necessary for their extradition. Each party shall carefully avoid

•concealment and connivance.

Art. XXXIII.—When sailors come on shore they shall be under special dis-

ciplinary regulations framed by the Consul and communicated to the local authority,

in order to prevent as far as possible all occasion of quarrel between French sailors

and the people of the country.

Art. XXXIV.—In case of French trading vessels being attacked or pillaged by

pirates within Chinese waters, the civil and military authorities of the nearest place,

upon learning of the occurrence, shall actively pursue the authors of the crime and

shall neglect nothing to secure their arrest and punishment according to law. The

pirated goods, in whatever place or state they may be found, shall be placed in the

hands of the Consul, who shall restore them to the owners. If the criminals cannot

be seized, or the whole of the stolen property cannot be recovered, the Chinese officials

shall suffer the penalty inflicted by the law in such circumstances, but they shall not

be held pecuniarily responsible.

Art. XXXV.—When a French subject shall have a complaint to make or claim

to bring against a Chinese, he shall first state his case to the Consul, who, after

having examined the affair, will endeavour to arrange it amicably. In the same

manner, when a Chinese has to complain of a French subject, the Consul shall

attentively hear his claim and endeavour to bring about an amicable arrangement.

But if in either case this be impossible, the Consul shall invoke the assistance of a

•competent Chinese official, and these two, after having conjointly examined the affair

shall decide it equitably.

Art. XXXVI.—If hereafter French subjects suffer damage, or are subjected

to any insult or vexation by Chinese subjects, the latter shall be pursued by.the

local authority, who shall take the necessary measures for the defence and pro-

tection of French subjects ; if ill-doers or any vagrant part of the population com-

mence to pillage, destroy, or burn the houses or warehouses of French subjects or

any other of their establishments, the same authority, either on the requisition of the

•Consul or of its own motion, shall send as speedily as possible an armed force to

disperse the riot and to arrest the criminals, and shall deliver the latter up to the

severity of the law; the whole without prejudice of the claims of the French subjects

to be indemnified for proved losses.

Art. XXXVII.—If Chinese become, in future, indebted to French captains or

merchants and involve them in loss by fraud or in any other manner, the latter shall

mo 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.

50 TREATY BETWEEN FRANCE AND CHINA

In case of fraud or non-payment on the part of French merchants, the Consul

shall, in the same manner afford every assistance to the claimants, but neither he

nor bis Government shall in any manner be held responsible.

Art. XXXVIII.—If unfortunately any fight or quarrel occurs between French

and Chinese subjects, as also if during the course of such quarrel one or more persons

be killed or wounded, by firearms or otherwise, the Chinese shall be arrested by the-

Chinese authority, who will be responsible, if the charge be proved, for their punish-

ment according to the laws of the country. With regard to the French, they shall

be arrested at the instance of the Consul, who shall take the necessary measures that

they may be dealt with in the ordinary course of French law in accordance with the

forms and practice which shall be afterwards decided by the French Government.

The same course shall be observed in all similar circumstances not enumerated

in the present convention, the principle being that for the repression of crimes and

offences committed by them in China French subjects shall be dealt with according

to the laws of France.

Art. XXXIX.—Disputes or differences arising between French subjects in China

shall, equally, be settled by the French authorities. It is also stipulated that the

Chinese authorities shall not in any manner interfere in any dispute between French

subjects and other foreigners. In the same way they shall not exercise any authority

over French vessels; these are responsible only to the French authorities and the-

captain.

Art. XL.—If the Government of His Majesty the Emperor of the French shall

consider it desirable to modify any of the clauses of the present Treaty it shall be at

liberty to open negotiations to this effect with the Chinese Government after an

interval of ten years from the date of the exchange of the ratifications. It is also

understood that no obligation not expressed in the present convention shall be

imposed on the Consuls or Consular Agents, nor on their nationals, but, as is

stipulated, French subjects shall enjoy all the rights, privileges, immunities, and

guarantees whatsoever which have been or shall be accorded by the Chinese Govern-

ment to other Powers.

Art. XLT.—His Majesty the Emperor of the French, wishing to give to His

Majesty tbe 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

t>eing 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 already paid by the Canton Customs on account of the

sum of two million Taels stipulated by the Treaty of Tientsin shall be considered as

having been paid in advance and on account of the eight million Taels referred to in

the present Article.

The provisions of the Article of the Secret Treaty of Tientsin as to the mode of

payment of the two million Taels are annulled. Payment of the remainder of the sum

of eight million taels to be paid by the Chinese Government as provided by the present

-Convention shall be made in quarterly instalments consisting of one-fifth of the gross

Customs revenues at the ports open to foreign trade, the first term commencing on

the 1st October of the present year, and finishing on the 31st December following.

This sum, specially reserved for the payment of the indemnity due to France, shall

be paid into the hands of the Minister for France or of his delegates in Mexican

dollars or in bar silver at the rate of the day of payment.

52 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 followed in effecting the payment of the-

whole of the indemnity, the verification of the amount, the giving of receipts, and in

short fulfilling all the formalities required in such case.

Art. V.—The sum of eight million Taels is allowed to the French Government to

liquidate the expenses of its armament against China, as also for the indemnification-

of French subjects and proteges of France who sustained loss by the burning of the-

factories at Canton, and also to compensate the Catholic missionaries who have

suffered in their persons or property. The French Government will divide this sum

between the parties interested, after their claims shall have been legally established,

in satisfaction of such claims, and it is understood between the contracting parties

that one million of Taels shall be appropriated to the indemnification of French subjects-

or proteges of France for the losses they have sustained or the treatment to which

they have been subjected, and that the remaining seven million Taels shall be applied

to the liquidation of the expenses occasioned by the war.

Art. VI.—In conformity with the Imperial edict issued on the 20th March, 1856,

by the August Emperor Tao Kwang, the religious and charitable establishments which-

have been confiscated during the persecutions of the Christians shall be restored to

their proprietors through the Minister of France in China, to whom the Imperial

Government will deliver them, with the cemeteries and edifices appertaining to them.

Art. VII.—The town and port of Tientsin, in the province of Pechili, shall be

opened to foreign trade on the same conditions as the other towns and ports of the-

Empire where such trade is permitted, and this from the date of the signature of the

present Convention, which shall be obligatory on the two nations without its being

necessary to exchange ratifications, and which shall have the same force as if it were

inserted word for word in the Treaty of Tientsin.

The French troops now occupying this town shall, on the payment of the five

hundred thousand taels provided by Article IV. of the present Convention, evacuate

it and proceed to occupy Taku and the north-east coast of Shantung, whence they

shall retire on the same conditions as govern the evacuation of the other points-

occupied on the shores of the Empire. The Commanders-in-Chief of the French force

shall, however, have the right to winter their troops of all arms at Tientsin, if they

judge it convenient, and to withdraw them only when the indemnities due by the

Chinese Government shall have been entirely paid, unless the Commanders-in-Chief

shall think it convenient to withdraw them before that time.

Art. VIII.—It is further agreed that when the present Convention shall have

been signed and the ratifications of the Treaty of Tientsin exchanged, the French

forces which occupy Chusan shall evacuate that island, and that the forces before

Peking shall retire to Tientsin, to Taku, to the north coast of Shantung, or to-

the town of Canton, and that in all these places or in any of them the French

Government may, if it thinks fit, leave troops until such time as the total sum of'

eight million taels shall have been fully paid.

Art. IX.—It is agreed between the high contracting parties that when the

ratifications of the Treaty of Tientsin shall have been exchanged an Imperial edict

shall order the high authorities of all the provinces to permit any Chinese who wishes

to go to countries beyond the sea to establish himself there or to seek his fortune, to

embark himself and his family, if he so wishes, on French ships in the ports of the

empire open to foreign trade. It is also agreed, in the interest of the emigrants, to

ensure their entire freedom of action and to safeguard their rights, that the competent

Chinese authorities shall confer with the Minister of France in China for the making

of regulations to assure for these engagements, always voluntary, the guarantees of

morality and security which ought to govern them.

TREATY BETWEEN FRANCE AND CHINA 53

Art. X.—It is well understood between the contracting parties that the tonnage

dues which bj 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 PRANCE 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, Governor-General of the Province

of Chihli, of the First degree of the Third Order of Nobility, with the title of Sou-yi;.

Assisted by Hsi Chen, Imperial Commissioner, Member of the Tsung-li Yamen,

President of the Board of Punishments, Administrator of the Treasury at the Ministry

of Finance, Director of Schools for the Education of Hereditary Officers of the

Left Wing of the Yellow Bordered Banner ;

And Teng Chang-su, Imperial Commissioner, Member of the Tsung-li Yamen,

Director of the Board of Ceremonies ;

Who, having communicated their full powers, which have been found in good

and due form, have agreed upon the following Articles:—

Art. I.—France engages to re-establish and maintain order in those provinces of

Annam which border upon the Chinese empire. For this purpose she will take the

necessary measures to disperse or expel the bands of pirates and vagabonds who

endanger the public safety, and to prevent their collecting together again. Nevertheless,

the French troops shall not, under any circumstances, cross the frontier which separates.

’54 TEEATY 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 he concluded.

As regards the relations between China and Annam, it is understood they shall

be of such a nature as shall in no way injure the dignity of the Chinese empire or

give rise to any violation of the present Treaty.

Art. III.—Within a period of six months from the signature of the present

Treaty commissioners appointed by the high contracting parties shall proceed to the

spot in order to define the frontier between China and Tonkin. They shall place

landmarks wherever necessary to render the line of demarcation clear. In those

cases where they may not be able to agree as to the location of these landmarks or on

such rectifications of detail as it may be desirable to make, in the interest of the two

nations, in the existing frontier of Tonkin, they shall refer the difficulty to their

respective Governments.

Art. IV.—When the frontier shall have been agreed upon, French or French

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

bhe 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 Republic

shall be at liberty to maintain Consuls there whose powers and privileges shall be

identical with those of Agents of the same rank in the open ports.

On his part, His Majesty the Emperor of China shall be at liberty, with the

concurrence of the French Government, to appoint Consuls in the principal towns of

Tonkin.

TREATY BETWEEN FRANCE AND CHINA 55-

Art. VI.—A special code of Regulations, annexed to the present Treaty, shall

define the conditions under which trade shall be carried on by land between Tonkin

and the Chinese provinces of Yunnan, of Kwang-si, and of Kwang-tung. Such

Regulations shall be drawn up by Commissioners, who shall be appointed by the-

high contracting parties, within three months from the signature of the present

Treaty.

All goods dealt with by such trade shall be subject, on import and export

between Tonkin and the provinces of Yunnan and Kwang-si, to duties lower than

those laid down by the present tariff for foreign trade. The reduced tariff shall

not, however, be applied to goods transported by way of the land frontier between

Tonkin and Kwang-tung, and shall not be enforced within the ports already open

by Treaty.

Trade in arms, engines, supplies, and munitions of war of any kind whatsoever

shall be subject to the Laws and Regulations issued by each of the contracting

States within its own territory.

The export and import of opium shall be governed by special arrangements to-

be inserted in the above-mentioned code of Regulations.

Trade by sea between China and Annam shall likewise be dealt with by a separate

code of Regulations. In the meanwhile, the present practice shall remain unaltered.

Art. VII.—With a view to develop under the most advantageous conditions the

relations of commerce and of good neighbourship, which it is the object of the present

Treaty to re-establish between France and China, the G-oveminent 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 G-overnment 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) [l.s.] Paten6tre.

„ [li.s.j Hsi Chen.

„ [l.s.J Li Hung-chang.

, [l.s.J Teng Chang-su.

TRADE REGULATIONS EOR THE TONKIN ERONTIER

JOINTLY DETERMINED ON BY

ERANCE AND CHINA

Signed at Peking, 25th April, 1886

[Translated from the French Text]

Whereas in Article VI. of the Treaty between the President of the French Re-

public and His Majesty the Emperor of China, signed the 9th day of June, 1885, it is

stated that “ Regulations for the conduct of overland trade between Tonkin and the

■Chinese provinces of Yunnan, Kwang-si, and Kwang-tung 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, GL Cogordan, Minister Plenipotentiary

of France to China, Officer of the Legion of Honour, Knight of the Order of the Crown

of Italy, &c., &c., together with E. Bruwaert, Consul of the first class, Assistant

Commissioner for Treaty negotiations, Knight of the Order of Gustav of Sweden, and

of the Order of Leopold of Belgium ;

And His Majesty the Emperor of China, Li, Grand Preceptor of the Heir Ap-

parent, Grand Secretary of State, Superintendent of Trade for the Northern Seaboard,

Joint Commissioner of Admiralty, Governor of Chihli, and a member of the first

degree of the Third Order of the Hereditary Nobility, with the title of Sou-yi;

Who, after having communicated to each other their respective full powers, and

found them to be in due form, have concluded the following Articles:—

Art. I.—In accordance with the terms of Article V. of the Treaty of the 19th

June, 1885, the high contracting parties agree that for the present two places shall

be opened to trade, one to the north of Langson and the other above Lao-kai. China

will establish Custom-houses there, and France shall have the right to appoint

Consuls, who shall enjoy all rights and privileges conceded in China to the Consuls

of the most favoured nation.

The work of the Commission charged with the delimitation of the two countries

not being completed at the time of the signature of the present Convention, the place

to be opened to trade north of Langson shall be selected and determined in the

course of the present year by arrangement between the Imperial Government and the

representative of France at Peking. As to the place to be opened to trade above

Lao-kai, this will also be determined by common accord when the frontier between

the two countries shall have been defined.

Art. II.—The Imperial Government may appoint Consuls at Hanoi and at

Haiphong. Chinese Consuls may also be sent later on to other large towns in

Tonkin by arrangement with the French Government.

TRADE REGULATIONS FOR THE TONKIN FRONTIER 5T

The agents shall he 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 Annam.

They shall receive for their persons, their families, and their goods the same

protection as the most favoured European nation, and, like the latter, may not be made

the object of any ill-treatment. The official and private correspondence and telegrams

of Chinese officials and merchants shall be freely transmitted through the French

postal and telegraphic administrations.

Frenchmen will receive from China the same privileged treatment.

Art. 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 j 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 a

fresh declaration at the Custom-house, and pay, without reduction, the transit dues-

fixed by the general rules of the Chinese Maritime Customs.

■58 TRADE REGULATIONS FOR THE TONKIN FRONTIER

After this payment the Customs will deliver a transit pass which will enable the

carriers to go to the localities mentioned in the pass for the purpose of disposing of

the said merchandise.

Under these conditions, no new duties will be levied at the interior barriers or

lelcin stations.

Merchandise for which transit passes have not been obtained will be liable to all

the barrier and lekin duties imposed upon indigenous products in the interior of the

country.

Art. VII.—Merchandise bought by Frenchmen and persons under French

protection in the interior markets of China may be brought into the open places on

the frontier, for the purpose of being from thence exported to Tonkin, under the

conditions fixed by Rule VII. annexed to the Treaty of the 27th June, 1858, with

regard to the transit of merchandise for export.

When Chinese merchandise for export arrives at these places, declaration

shall be made at the Custom-house as to the nature and quantity of the merchandise,

as well as the name of the person accompanying it.

The Customs authorities will proceed to verification.

Such of this merchandise as shall have been bought in the interior by a merchant

furnished with a transit pass, and which consequently has not paid any lekin

or barrier duty, shall in the first place pay the transit duty fixed by the general

tariff of the Chinese Maritime Customs.

It shall then pay the export duty, diminished by one-third. Articles not earned

in the tariff will remain subject to the duty of 5 per cent, ad valorem.

After payment of these duties the merchandise will be allowed to pass free, and

to be sent beyond the frontier.

The merchant who, not being furnished with a transit pass, has bought gcods

in the interior, shall pay the duties levied at the barriers and lekin stations; receipts

shall be delivered to him, and on arriving at the Custom-house he shall be exempted

from payment of the transit dues on presentation of these receipts.

French merchants and persons under French protection importing or exporting

merchandise through the Customs offices on the frontiers of Yunnan and Kwangsi,

and Chinese merchants importing or exporting merchandise to or from Tonkin,

will not have to pay any toll on their carriages or beasts of burden. On the navigable

water-courses on the frontier, vessels may, on the one side and the other, be subjected

to the payment of tonnage-dues, conformably to the rales 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,toconformably

subjected payment oftothe

the import

general duties,

rules ofandthetheChinese Maritime

certificates Customs,

or bonds given be

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

TRADE REGULATIONS FOR THE TONKIN FRONTIER

open ports, when once they have been paid, bonds or exemption certificates will never

be given in respect of these.

Art. IX.—Chinese merchandise which, after having paid transit and export dues

at one of the frontier Customs stations, may be sent to the other frontier Customs

station to be sold, shall be subjected on its arrival at the second station only to a

payment—called a re-importation duty—of one-half the export duty already collected.

The merchandise confox-mably to the rules established in the open ports may not be

transported into the interior by foreign merchants.

If this Chinese merchandise be transported to one of the open ports of China, it

will be assimilated to foreign merchandise, and shall pay a new import duty in full,

conformably to the general tariff of the Imperial Maritime Customs.

This merchandise will be allowed to pay transit duty on being sent into the in-

terior. Chinese merchandise imported from a Chinese seaport into an Annamite port

in order to be transported to the land frontier and then to re-enter Chinese territory

will be treated as foreign merchandise and will pay the local import dues. This-

merchandise will be allowed to pay the transit duty on being sent into the interior.

Art. X.—Declarations to the Chinese Customs must be made within thirty-six

hours of the arrival of the goods under a penalty of Tls. 50 for each day’s delay; but

the fine shall not exceed Tls. 200. An inexact declaration of the quantity of the goods,

if it is proved that it has been made with the intention of evading payment of the

duties, will entail upon the merchant confiscation of his goods. Goods not provided

with a permit from the chief of the Customs, which are clandestinely introduced

by by-ways, and unpacked or sold, or which are intentionally smuggled, shall be

entirely confiscated. In every case of false declaration or attempt to deceive the

Customs as regards the quality or the real origin or real destination of goods

for which transit passes have been applied the goods shall be liable to con-

fiscation. The penalties shall be adjudged according to the conditions and proce-

dure fixed by the Eules 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

J merchandise will be examined by the French Customs authorities on the frontier,

who will specify its nature, quantity, and destination in a certificate which shall be

produced whenever required by the French authorities during its transport across

Tonkin, as well as at the port of shipment.

In order to guarantee the Franco-Annamite Customs against any possible fraud,

such Chinese produce, on entering Tonkin, shall pay the import duty.

A transit permit will accompany the goods to the place of leaving the country,

whether this be the port of transhipment or the land frontier, and the sum paid by

the proprietor of the merchandise will, after deducting the transit dues, be then

restored to him in exchange for the receipt delivered to him by the Tonkin Customs.

TRADE REGULATIONS FOR THE TONKIN FRONTIER

Every false declaration or act evidently intended to deceive the French admini-

stration as to the quality, quantity, real origin, or real destination of merchandise

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

where confiscation has been declared, the merchant shall be free to recover his goods

on payment of a sum equivalent to their value, which shall be duly determined by

an arrangement with the French authorities.

The same rules and the same transit duty will be applicable in Ann am to Chinese

merchandise despatched from a Chinese port to an Annamite port in order to get to

the Chinese frontier Customs by crossing Tonkin.

Art. XIII.—The following articles, that is to say, gold and silver ingots, foreign

money, flour, Indian meal, sago, biscuits, preserved meats and vegetables, cheese,

butter, confectionery, foreign clothing, jewellery, plated ware, perfumery, soaps of all

kinds, charcoal, firewood, candles (foreign), tobacco, wine, beer, spirits, household

•stores, ship’s stores, personal baggage, stationery, carpeting, cutlery, drugs, foreign

medicines, and glassware, shall be verified by the Chinese Customs on 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. XIY.—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. XY.—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.

Tire introduction into Tonkin of arms, munitions of war, and immoral publica-

tions is also prohibited.

Art. XYI.~ 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 XXXIY. of the treaty of

the 27th June, 1858.

CONVENTION BETWEEN FRANCE AND CHINA, 1887 61

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

Ahe 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 Annatn shall,

on the request of the Chinese authorities and on proof of their guilt, be sought for,

arrested, and extradited in all cases where the subjects of the countries enjoying the

most liberal treatment in the matter of extradition might be extradited from France.

Frenchmen guilty or accused of crimes or offences, who seek refuge in China,

-shall, at the request of the French authorities and on proof of their guilt, be arrested

and delivered up to the said authorities to be tried according to the regular process

of law.

On both sides all concealment and connivance shall be avoided.

Art. XVIII.—In any difficulty not provided for in the preceding provisions

recourse shall be had to the rules of the Maritime Customs, which, in conformity

with existing Treaties, are now applied in the open towns or ports.

In case these rules are insufficient the representatives of the two countries

shall refer the matter to their respective Governments.

In accordance with the terms of Article VIII. of the treaty of the 9th June,

1885, the present stipulations may be revised ten years after the exchange of the

ratifications.

Art. XIX.—The present Convention of Trade, after having been ratified by the

Governments, shall be promulgated in France, in China, and in Annam.

The exchange of the ratifications shall take place at Peking within one year from

the date of the signature of the Convention, or earlier if possible.

Done at Tientsin, in four copies, the 25th April, 1886, corresponding to the 22nd

day of the third moon of the twelfth year of Kwang Hsu.

(Signed) [l.s.] G. Cogordan.

„ [l.s.] E. 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,

i,' and also to ratify and trive 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

Vu-wen, member of the Tsung-li Yamen and Vice-President of the Board of Works.

The President of the Republic has appointed His Excellency Constaus, Deputv,

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.

62 CONVENTION BETWEEN FRANCE AND CHINA, 1887

Art. II.—Whereas it was agreed by the Treaty of 1886 that Lungchow in Kwangsi

and Mengtzu in Yunnan should he opened to trade, and whereas Manghao, which

lies between Paosheng and Mengtzu, is in the direct road between the two places by

water, it is agreed that this also should be opened to trade on the same conditions as-

the other ports, and that a deputy of the Consul at Mengtzu shall be allowed to

reside there.

Art. III.—In order to develop the trade between China and Tonkin as rapidly

as possible the tariff rules laid down in Articles YI. and VII. of the Treaty of 1886

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 Luugchow 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 tu

France.

Art. VIII.—The above Articles having been agreed to and translated into

Chinese, H.I.H. the Prince on behalf of China and H.E. the Minister on behalf of

France have signed duplicate copies and affixed their seals hereto.

Art. IX.—When the ratifications of this Convention and of the Treaty of 1886

shall have been exchanged they shall be put in force as if they were one Treaty.

Art. X.—The ratifications of the Convention shall be exchanged at Peking

when the assent of His Imperial Majesty the Emperor of China and of His Excellency

the President of the French Republic shall have been signified.

Signed at Peking on the 26th June, 1887.

E. Constans.

Prince Chi’ng.

Sun Yu-wen.

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

j modified and completed as follows:—It is agreed between the high contracting

parties that the town of Lungchow in Kwangsi and that of Mengtse in Yunnan

are open to French-Annamite commerce. It is intended besides that the port

\ open to commerce on the river route of Laokay 'to Mengtse will no longer be

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., XT., 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, and particularly by

the Mandarin-road, which leads either from Mongle or Ipang to Szemao and Puerh,

? the duties which these goods will be subject to being paid at Szemao.

Art. IV.—Article IX. of the Commercial Convention of April 25th, 1886, is

modified as follows:—(1) Chinese goods in transit from one of the other four towns

open to commerce on the frontier, Lungchow, Mengtse, Szemao, and Hokow, in

passing by Annam, will pay on leaving the reduced duties of four-tenths. A

■special certificate will be delivered stating the payment of this duty, and destined

to accompany the goods. When they have come to another town they shall be

| -exempt

from thefromfourpayment and import

above-named duty.and(2)transported

localities Chinese goods which shall

to Chinese ports,be maritime

exported

I 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

jl shall be freed

rule for all suchthe goods

half-duty of re-importation

in the in conformity

maritime or fluvial withtothecommerce.

ports open general

(3) Chinese goods which shall be transported from Chinese ports, maritime or

fluvial, open to commerce, by way of Annam, towards the four above-named

localities, shall be freed on leaving of all duty. A special certificate will be

ADDITIONAL CONVENTION BETWEEN FEANCE AND CHINA, 1895

delivered, stating the payment of this duty, and destined to accompany the goods.

When they shall have arrived at one of the frontier Customs they shall he freed

on entry by half duty of re-importation based on the reduction of four-tenths.

(4) The Chinese goods above mentioned, accompanied by the special certificate

above mentioned, shall be, before passing the export Customs, or after passing

Customs re-importation, submitted to the regulations governing native Chinese-

goods.

Art. V.—It is understood that China, for the exploitation of its mines in the

provinces of Yunnan, Kwangsi, and Kwangtung, will address itself, in the first

instance, to French commerce and engineers, the exploitation remaining otherwise

subject to the rules and the edicts by the Imperial Government which affects-

national industry. It is understood that railways already in existence or projected

in Annam can, after mutual agreement, and under conditions to be defined, be

prolonged on Chinese territory.

Art. YI.—Article II. of the Telegraphic Convention between France and China,,

signed at Chefoo, December 1, 1888, is completed as follows:—D.—A union shall be-

established between the secondary prefecture of Szemao and Annam by two stations-

which shall be Szemao in China and Muang Hahin in Annam, midway between

Laichow and Luang Prabang. The tariff shall be fixed in conformity with Article

VI. of the Telegraphic Convention of Chefoo.

Art. VII.—It is agreed that the commercial stipulations contained in the present

Convention beitig of a special nature, and the result of mutual concessions deter-

mined by the necessities of the relations between Lungchow, Hokow, Mengtse,

Szemao, and Annam, the advantages which result therefrom cannot be invoked by

the subjects and protected subjects of the two high contracting parties, but on these

points as well as on the fluvial and land ways here determined of the frontier.

Art. VIII.—The present stipulations shall be put in force as if they were in-

serted in the text of the additional Convention of June 26th, 1887.

Art. IX.—The terms of former Treaties, Agreements, and Conventions between

France and China not modified by the present Treaty remain in full force. The pre-

sent complementary Convention shall be ratified immediately by His Majesty the

Emperor of China, and after it has been ratified by the President of the French

Republic the exchange of ratifications shall be made at Peking with the least delay

possible.

Done at Peking in four copies, June twentieth, one thousand eight hundred and

ninety-five, corresponding to the twenty-eighth day of the fifth moon of the twenty-

first year of Kwang Hsu.

(Signed) A. Gerard.

„ Chino.

UNITED STATES

TREATY BETWEEN THE UNITED STATES OE AMERICA

AND CHINA

Signed, in the English and Chinese Languages, at Tientsin

18th June, 1858

Ratifications exchanged at Pehtang, 16th August, 1859

The United States of America and the Ta-Tsing Empire, desiring to maintain

firm, lasting, and sincere friendship, have resolved to renew, in a manner clear and

positive, by means of a Treaty or general Convention of Peace, Amity, and Commerce,

the rules which shall in future be mutually observed in the intercourse of their

respective countries; for which most desirable object the President of the United

States and the August Sovereign of the Ta-Tsing Empire have named for their

Plenipotentiaries, to wit: the President of the United States of America, William B.

Reed, Envoy Extraordinary and Minister Plenipotentiary to China; and His

Majesty the Emperor of China, Kweiliang, a member of the Privy Council and

Superintendent of the Board of Punishments, and Hwashana, President of the Board

of Civil Office and Major-General of the Bordered Blue Banner Division of the

Chinese Bannermen, both of them being Imperial Commissioners and Plenipotenti-

aries : And the said Ministers, in virtue of the respective full powers they have received

from their Governments, have agreed upon the following Articles :—

Art I.—There shall be, as there has always been, peace and friendship between

the United States of America and the Ta-Tsing Empire, and between their people

respectively. They shall not insult or oppress each other for any trifling cause, so as

to produce an estrangement between them; and if any other nation should act

unjustly or oppressively, the United States will exert their good offices, on being

informed of the case, to bring about an amicable arrangement of the question, thus

showing their friendly feelings.

Art. II.—In order to perpetuate friendship, on the exchange of ratifications by

the President, with the advice and consent of the Senate of the United States, and

by His Majesty the Emperor of China, this Treaty shall be kept and sacredly guarded

in this way, viz.: The original Treaty, as ratified by the President of the United

States, shall be deposited at Peking, the capital of His Majesty the Emperor of China,

in charge of the Privy Council; and, as ratified by His Majesty the Emperor of China,

shall be deposited at Washington, the capital of the United States, in charge of the

Secretary of State.

Art. III.—In order that the people of the two countries may know and obey the

provisions of this Treaty, the United States of America agree, immediately on the

exchange of ratifications, to proclaim the same and publish it by proclamation in the

Gazettes where the laws of the United States of America are published by authority;

and His Majesty the Emperor of China, on the exchange of ratifications, agrees

immediately to direct the publication of the same at the capital aijd by the Governors

of all the provinces.

Art. IV.—In order further to perpetuate friendship, the Minister or Commis-

sioner, or the highest diplomatic representative of the United States of America in

China, shall at all times have the right to correspond on terms of perfect equality and

confidence with the officers of the Privy Council at the capital, or with the Governor-

General of the Two Kwang, of Fohkien and Chekiang, or of the Two Kiang ; and

whenever he desires to have such correspondence with the Privy Council at the capita)

he shall have the right to send it through either of the said Governors-General, or by

3

TREATY BETWEEN THE UNITED STATES AND CHINA

general post; and all such communications shall he 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 come

to the mouth of the Pei-ho, in which he shall not bring ships-of-war, and he shall

inform the authorities of that place in order that boats may be provided for him to go

on his journey. He is not to take advantage of this stipulation to request visits to

the capital on trivial occasions. Whenever he means to proceed to the capital he

shall communicate in writing his intention to the Board of Rites at the capital, and

thereupon the said Board shall give the necessary direction to facilitate his journey,

and give him necessary protection and respect on his way. On his arriva.1 at the

•capital he shall be furnished with a suitable residence prepared for him, and he shall

defray his own expenses; and his entire suite shall not exceed twenty persons

•exclusive of his Chinese attendants, none of whom shall be engaged in trade.

Art. VI.—If at any time His Majesty the Emperor of China shall, by Treaty

voluntarily made, or for any other reason, permit the representative of any friendly

nation to reside at his capital for a long or short time, then, without any further

consultation or express permission, the representative of the United States in China

shall have the same privilege.

Art. VII.—The superior authorities of the United States and of China in

•corresponding together shall do so on terms of equality and in form of mutual

communication (chau-hwui). The Consuls and the local officers, civil and military,

in corresponding together shall likewise employ the style and form of mutual

•communication {chau-hwui). When inferior officers of the one Government address

the superior officers of the other they shall do so in the style and form of memorial

{shin-chin). Private individuals, in addressing superior officers, shall employ the

•style of petition (pin-ching). In no case shall any terms or style be used or suffered

which shall be offensive or disrespectful to either party. And it is agreed that no

present, under any pretext or form whatever, shall ever be demanded of the United

States by China, or of China by the United States.

Art. VIII.—In all future personal intercourse between the representative of

the United States of America and the Governors-General or Governors the interviews

shall be had at the official residence of the said officers, or at their temporary resi-

dence, or at the residence of the representative of the United States of America,

whichever may be agreed upon between them; nor shall they make any pretext for

declining these interviews. Current matters shall be discussed by correspondence

«o as not to give the trouble of a personal meeting.

Art. IX.—Whenever national vessels of the United States of America, in cruising

along the coast and among the ports opened for trade for the protection of the com-

merce of their country, or the advancement of science, shall arrive at or near any

of the ports of China, the commanders of said ships and the superior local authorities

■of government shall, if it be necessary, hold intercourse on terms of equality and

courtesy, in token of the friendly relations of their respective nations ; and the said

vessels shall enjoy all suitable facilities on the part of the Chinese Government in

procuring provisions or other supplies, and making necessary repairs. And the

United States of America agree that in case of the shipwreck of any American vessel

and its being pillaged;by pirates, or in case any American vessel shall be pillaged or

captured by pirates on the seas adjacent to the coast, without being shipwrecked, the

national vessels of the United States shall pursue the said pirates, and if captured

deliver them over for trial and punishment.

Art. X.—The United States of America shall have the right to appoint Consuls

and other commercial agents for the protection of trade, to reside at such places in the

TREATY BETWEEN THE UNITED STATES AND CHINA 67

dominions of China as shall be agreed to be opened, who shall hold official intercourse

and correspondence with the local officers of the Chinese Government (a Consul or a

Vice-Consul in charge taking rank with an intendant of circuit or a prefect), either

personally or in writing, as occasion may require, on terms of equality and reciprocal

respect. And the Consuls and local officers shall employ the style of mutual

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 inquirv 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-Genei*al of

the province where such port is, who shall forthwith recognize the said Consul and

grant him authority to act.

Art. XI.—All citizens of the United States of America in China, peaceably

attending to their affairs, being placed on a common footing of amity and good-

will with subjects of China, shall receive and enjoy for themselves and everything

appertaining to them the protection of the local authorities of Government, who shall

defend them from all insult or injury of any sort. If their dwellings or property be

threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the

local officers, on requisition of the Consul, shall immediately despatch a military force

to disperse the rioters, apprehend the guilty individuals, and punish them with the

utmost rigour of the law. Subjects of China guilty of any criminal act towards citizens

of the United States shall be punished by the Chinese authorities according to the laws

of China, and citizens of the United States, either on shore or in any merchant vessel,

who may insult, trouble, or wound the pers'ons or injure the property of Chinese, or

commit any other improper act in China, shall be punished only by the Consul or other

public functionary thereto authorized, according to the laws of the United States. Ar-

rests in order to trial may be made by either the Chinese or United States authorities.

Art. XII.—Citizens of the United States, residing or sojourning at any of the

ports open to foreign commerce, shall be permitted to rent houses and places of

business or hire sites on which they can themselves build houses or hospitals,

churches, and cemeteries. The parties interested can fix the rents by mutual and

equitable agreement; the proprietors shall not demand an exorbitant price, nor shall

the local authorities interfere, unless there be some objections offered on the part of

the inhabitants respecting the place. The legal fees to the officers for applying their

seal shall be paid. The citizens of the United States shall not unreasonably insist

on particular spots, but each party shall conduct themselves with justice and

moderation. Any desecration of the cemeteries by natives of China shall be severely

punished according to law. At the places where the ships of the United States

anchor, or their citizens reside, the merchants, seamen, or others can freely pass and

re-pass in the immediate neighbourhood; but in order to the preservation of the

public peace, they shall not go into the country to the villages and marts to sell their

goods unlawfully, in fraud of the revenue.

Art. XIII.—If any vessel of the United States be wrecked or stranded on the

coast of China and be subjected to plunder or other damage, the proper officers of the

Government, on receiving information of the fact, shall immediately adopt measures

for its relief and security; the persons on board shall receive friendly treatment, and

be enabled to repair at once to the nearest port, and shall enjoy all facilities for

obtaining supplies of provisions and water. If the merchant vessels of the United

States, while within the waters over which the Chinese Government exercises

jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities

civil and military, on receiving information thereof, shall arrest the said robbers or

pirates, and punish them according to law, and shall cause all the property which can

be recovered to be restored to the owners, or placed in the hands of the Consul. If

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

3*

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-chau, or Swatow, in the province of Kwangtung; Amoy,

Foochow, andTai-wan in Formosa, in the province of Fuhkien; Ningpo in the province

of Chekiang; and Shanghai in the province of Kiangsu, and any other port or place

hereafter by Treaty with other powers or with the United States opened to commerce;

and to reside with their families and trade there, and to proceed at pleasure with their

vessels and merchandise from any of these ports to any other of them. But said vessels

shall not carry on a clandestine or fraudulent trade at other ports of China, not declared

to be legal, or along the coasts thereof; and any vessel under the American flag violating

this provision shall, with her cargo, be subject to confiscation to the Chinese Govern-

ment ; and any citizen of the United States who shall trade in any contraband article

of merchandise shall be subject to be dealt with by the Chinese Government, without

being entitled to any countenance or protection from that of the United States; and

the United States will take measures to prevent their flag from being abused by the

subjects of other nations as a cover for the violation of the laws of the Empire.

Art. XV.—At each of the ports open to commerce, citizens of the United States

shall be permitted to import from abroad, and sell, purchase, and export all merchan-

dise of which the importation or exportation is not prohibited by the laws of the Empire.

The tariff of duties to be paid by the citizens of the United States, on the export and

import of goods from and into China, shall be the same as was agreed upon at the

Treaty of Wanghia, except so far as it may be modified by Treaties with other nations,

it being expressly agreed that citizens of the United States shall never pay higher

duties than those paid by the most favoured nation.

Art. XVI.—Tonnage duties shall be paid on every merchant vessel belonging to

the United States entering either of the open ports at the rate of four mace per ton of

forty cubic feet, if she be over one hundred and fifty tons burden; and one mace per

ton of forty cubic feet if she be of the burden of one hundred and fifty tons or under,

according to the tonnage specified in the register; which, with her other papers, shall,

on her arrival, be lodged with the Consul, who shall report the same to the Commis-

sioner of Customs. And if any vessel, having paid tonnage duty at one port, shall

go to any other port to complete the disposal of her cargo, or being in ballast, to

purchase an entire or fill up an incomplete cargo, the Consul shall report the same to

the Commissioner of Customs, who shall note on the port-clearance that the tonnage

duties have been paid, and report the circumstance to the collectors at the other

Custom-houses; in which case the said vessel shall only pay duty on her cargo, and

not be charged with tonnage duty a second time. The collectors of Customs at the

open ports shall consult with the Consuls about the erection of beacons or light-

houses, and where buoys and lightships should be placed.

Art. XVII.—Citizens of the United States shall be allowed to engage pilots to

take their vessels into port, and, when the lawful duties have all been paid, take them

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

partiesArt.or XVIII.—Whenever

determined by the Consul.

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

mutineers or desertersoffrom

the Chinese

on boardGovernment

the vessels ofshallthecause

Unitedto beStates

apprehended

in China all

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

shall be delivered up to justice on due requisition by the Chinese local officers,

addressed to those of the United States. The merchants, seamen, and other citizens

of the United States shall be under the superintendence of the appropriate officers of

their Government. If individuals of either nation commit acts of violence or disorder,

use arms to the injury of others, or create disturbances endangering life, the officers of

the two Governments will exert themselves to enforce order and to maintain the

public peace, by doing impartial justice in the premises.

Art. XIX.—Whenever a merchant vessel belonging to the United States shall

cast anchor in either of the said ports, the supercargo, master, or consignee, shall,

within forty-eight hours, deposit the ship’s papers in the hands of the 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

70 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 shrotfs

authorized by the Chinese G-overnment to receive the same. Duties shall be paid and

received either in sycee silver or in foreign money, at the rate of the day. If the

Consul permits a ship to leave the port before the duties and tonnage dues are paid

he shall be held responsible therefor.

Art. XXIII.—-When goods on board any merchant vessel of the United States

in port require to be transhipped to another vessel application shall be made to the

Consul, who shall certify what is the occasion therefor to the Superintendent of

Customs, who may appoint officers to examine into the facts and permit the

transhipment. And if any goods be transhipped without written permits, they shall

be subject to be forfeited to the Chinese Government.

Art. XXIY.—Where there are debts due by subjects of China to citizens of the

United States, the latter may seek redress in law; and, on suitable representation being

made to the local authorities through the Consul, they will cause due examination in

the premises, and take proper steps to compel satisfaction. And if citizens of the

United States be indebted to subjects of China, the latter may seek redress by

representation through the Consul, or by suit in the Consular Court; but neither

Government will hold itself responsible for such debts.

Art. 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.—Delations 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 71

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.] Rweiliang.

[l.s.] Hwashana.

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

*ind 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 Plenipol

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

72 ADDITIONAL TREATY BETWEEN THE UNITED STATES AND CHINA

on certain tracts of land, or resorting to certain waters of that Empire, for purposes

of trade, he has by'no means relinquished his right of eminent domain or dominion

over the said lands and waters, hereby agrees that no such concession or grant, shall

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 their property.

It is further agreed that if any right or interest in any tract of land in China,

has been, or shall hereafter be, granted by the government of China to the United

States or their citizens for purposes of trade or commerce, that grant shall in no

event be construed to divest the Chinese Authorities of their right of jurisdiction

over persons and property within said tract of land except so far as the right may

have been expressly relinquished by Treaty.

Art. II.—-The United States of America and His Majesty the Emperor of China,

believing that the safety and prosperity of commerce will thereby best 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 mauner or spirit incompatible with the Treaty stipulations of the parties.

Art. III.—The Emperor of China shall have the right to appoint Consuls at

ports of the United States, who shall enjoy the same privileges and immunities as

those which are enjoyed by public law and Treaty in the United States by the Consuls

of Great Britain and Russia, or either of them.

Art. IY.—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. Y.—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. YI.—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 73

institutions under the control of the Government of the United States, which are

enjoyed in the respective countries by the citizens or subjects of the most favoured

nation. The citizens of the United States may freely establish and maintain schools

within the Empire of China at those places where foreigners are by Treaty permitted

to reside; and, reciprocally, Chinese subjects may enjoy the same privileges and

immunities in the United States.

Art. VIII.—The United States, always disclaiming and discouraging all prac-

tices of unnecessary dictation and intervention by one nation in the affairs or domestic

administration of another, do hereby freely disclaim and disavow any intention or

right to intervene in the domestic administration of China in regard to the construc-

tion of railroads, telegraphs, or other material internal improvements. On the other

hand, His Majesty the Emperor of China reserves to himself the right to decide the

time and manner and circumstances of introducing such improvements within his

dominions. With this mutual understanding it is agreed by the contracting parties

that, if at any time hereafter his Imperial Majesty shall determine to construct, or

cause to be constructed, works of the character mentioned within the Empire, and

shall make application to the United States or any other Western Power for facilities

to carry out that policy, the United States will in that case designate or authorize

suitable engineers to be employed by the Chinese Government, and will recommend

to other nations an equal compliance with such applications ; the Chinese Government

in that case protecting such engineers in their persons and property, and paying

them a reasonable compensation for their services.

In faith whereof, the respective Plenipotentiaries have signed this Treaty and

thereto affixed the seals of their arms.

Done at Washington, the twenty-eighth day of July, in the year of our Lord one

thousand eight hundred and sixty-eight.

[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 Friendship was concluded between the United States of America and China, and

to which were added in the seventh year of Tung Chi, Anno Domini 1868, certain

! supplementary Articles to the advantage of both parties, which supplementary Articles

were to be perpetually observed and obeyed; and

Whereas the Government of the United States, because of the constantly in-

« creasing immigration of Chinese labourers to the territory of the United States, and

1 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

i South Carolina, as his Commissioners Plenipotentiary; and His Imperial Majesty

the Emperor of China has appointed Pao Chun, a member ofHis 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

74 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 B. Angell, of Michigan; John

F. Swift, of California; and William H. Trescott, of South Carolina, as his Com-

missioners Plenipotentiary; and His Imperial Majesty the Emperor of China has

appointed Pao Chun, a member of His Imperial Majesty’s Privy Council and Super-

intendent of the Board of Civil Office; and Li Hung Tsao, a member of His Imperial

Majesty’s Privy Council, as his Commissioners Plenipotentiary; and the said Com-

missioners Plenipotentiary, having conjointly examined their full powers, and having

discussed the points of possible modification in existing Treaties, have agreed upon

the following Additional Articles:—

Art. I.—The Governments of the United States and China, recognizing the

benefits of their past commercial relations, and in order to still further promote such

IMMIGRATION AND COMMERCIAL TREATIES BETWEEN THE U.S. & CHINA 75

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. IY.—When controversies arise in the Chinese Empire between citizens of

the United States and subjects of His Imperial Majesty, which need to be examined

and decided by the public officer of the two nations, it is agreed between the

Governments of the United States and China that such cases shall be tried by the

proper official of the nationality of the defendant. The properly authorized official

of the plaintiff’s nationality shall be freely permitted to attend the trial, and shall

be treated with the courtesy due to his position. He shall be granted all proper

facilities for watching the proceedings in the interest of justice, and if he so desire

he shall have the right to be present and to examine and to cross-examine witnesses.

If he is dissatisfied with the proceedings, he shall be permitted to protest against

them in debate. The law administered will be the law of the nationality of the officer

trying the case.

In faith whereof, the respective Plenipotentiaries have signed and sealed the

foregoing, at Peking, in English and Chinese, there being three originals of each text,

of even tenor and date, the ratifications of which shall be exchanged at Peking within

one year from the date of its execution.

Done at Peking, this seventeenth day of November, in the year of our Lord one

thousand eight hundred and eighty, Kuang Hsu sixth year, tenth moon, fifteenth day.

(Signed) James B. Angell. (Signed) Pao Chun.

„ John E. Swift. , Li Hung-tsao.

„ William H. Teescott.

IMMIGRATION PROHIBITION TREATY BETWEEN THE

UNITED STATES OE AMERICA AND CHINA, 1891

Ratifications Exchanged at Washington, 7th December, 1894

Whereas, on the 17th of November, a.o. 1880, and of Kwang Hsu, the sixth

year, the tenth month, and the 15th day, a Treaty was concluded between the United

States and China for the purpose of regulating, limiting, or suspending the coming

of Chinese labourers to and their residence in the United States, and, whereas the

Government of China, in view of the antagonism and much deprecated and serious

disorders to which the presence of Chinese labourers has given rise in certain parts

of the United States, desires to prohibit the emigration of such labourers from

China to the United States; and, whereas the two Governments desire to co-operate

in prohibiting such emigration and to strengthen in many other ways the bonds of

relationship between the two countries; and, whereas the two Governments are desirous

of adopting reciprocal measures for the better protection of the citizens or subjects

of each within the jurisdiction of the other; now, therefore, the President of the

United States has appointed Walter Q. Gresham, Secretary of State, as his

Plenipotentiary, and his Imperial Majesty the Emperor of China has appointed

Yang Yui, Officer of the Second Rank, Sub-director of the Court of Sacrificial

Worship and Envoy Extraordinary and Minister Plenipotentiary, and the said

Plenipotentiaries having exhibited their respective full powers, found to be in due

form and good faith, have agreed upon the following Articles:—

Art. I.—The high contracting parties agree that for a period of ten years

beginning with the date of the ratifications of this Convention, the coming, except

under the conditions hereinafter specified, of Chinese labourers to the'United States

shall be absolutely prohibited.

Art. II.—The preceding Article shall not apply to the return to the United

States of any registered Chinese labourer who has a lawful wife, child, or parent in

the United States or property therein of the value of $1,000, or debts of like amount

due to him and pending settlement. Nevertheless, every such Chinese labourer

shall, before leaving the United States, deposit, as a condition of his return, with

the Collector of Customs of the district from which he departs, a full description in

writing of his family or property or debts as aforesaid, and shall be furnished by

the said Collector with such certificate of his right to return under this Treaty as

the laws of the United States may now or hereafter prescribe, and not inconsistent

with the provisions of the Treaty; and should the written description aforesaid be

proved to be false, the rights of return thereunder, or of'continued residence after

return, shall in each case be forfeited. And such right of return to the United

States shall be exercised within one year from the date of leaving the United

States; but such right of return to the United States may be extended for an

additional period, not to exceed one year, in cases where by reason of sickness or

other cause of disability beyond his control such Chinese labourer shall be rendered

unable sooner to return, which facts shall be fully reported to the Chinese Consul

at the port of departure, and by him certified to the satisfaction of the Collector of

the port at which such Chinese subject shall land in the United States. And no

such Chinese labourer shall be permitted to enter the United States by land or sea

without producing to the proper officer of the Customs the return certificate herein

required.

IMMIGRATION PROHIBITION TREATY BETWEEN THE TJ.S. & CHINA 77

Art. III.—The provisions of the Convention shall not affect the right at present

enjoyed by Chinese subjects, being officials, teachers, students, merchants, or

travellers for curiosity or pleasure, but not labourers, of coming to the United

States and residing therein. To entitle such Chinese subjects as are above described

to admission into the United States they may produce a certificate either from their

Government or from the Government of the country where they last resided, vised

by the diplomatic or consular representative of the United States in the country or

port whence they depart. It is also agreed that Chinese labourers shall continue

to enjoy the privilege of transit across the territory of the United States in the

course of their journey to or from other countries, subject to such regulations by

the Government of the United States as may be necessary to prevent the said

privilege of transit from being abused.

Art. IY.—In pursuance of Article III. of the Immigration Treaty between the

United States and China, signed at Peking on the 17th day of November, 1880, it is

hereby understood and agreed, that Chinese labourers or Chinese of any other class,

either permanently or temporarily residing in the United States, shall have for the

protection of their persons and property all rights that are given by the laws of the

United States to citizens of the more favoured nations, excepting the right to

become naturalized citizens. And the Government of the United States reaffirms

its obligations, as stated in the said Article III., to exert all its power to secure the

protection to person and property of all Chinese subjects in the United States.

Art. Y.—The Government of the United States having, by an Act of Congress,

approved May 5th, 1892, as amended and approved November 3rd, 1893, required all

Chinese labourers lawfully within the United States, before the passage of the

first-named Act, to be registered, as in the said Acts provided, with a view of

affording them better protection, the Chinese Government will not object to the

enforcement of the said Acts, and reciprocally the Government of the United States

recognises the right of the Government of China to enact and enforce similar laws

and regulations, for the registration, free of charge of all labourers, skilled or

unskilled (not merchants, as defined by the said Acts of Congress), citizens of the

United States in China whether residing within or without the Treaty Ports. And

the Government of the United States agrees that within twelve months from the

date of the exchange of the ratifications of this Convention, and annually thereafter,

it will furnish to the Government of China registers or reports showing the full

name, age, occupation, and number or place of residence of all other citizens of the

United States, including missionaries residing both within and without the Treaty

Ports of China, not including, however, diplomatic and other officers of the United

States residing or travelling in China upon official business, together with their

body and household servants.

Art. VI. —This Convention shall remain in force for a period of ten years,

beginning with the date of the exchange of ratifications, and if six months before

the expiration of the said period of ten years neither Government shall have formally

given notice of its final termination to the other, it shall remain in full force for

another like period of ten years.

In faith whereof, we, the respective Plenipotentiaries, have signed this

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

Senior Wee-President of the Boardof oftheCommerce;

Board of Public Works; Wu Ting Fang,

Who, having met and duly exchanged their full powers, which were found to be

m proper form, have agreed upon the following amendments to existing Treaties of

Commerce and Navigation previously concluded between the two countries, and upon

the subjects hereinafter expressed connected with commercial relations, with the

object of facilitating them.

Art. I.—In accordance with international custom, and as the diplomatic

representative of China

and to enjoy there has the

the same right to reside

prerogatives, in theandCapital

privileges of the United

immunities States,

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

lu

and immunities accorded by international usage to such representatives,

aspectsnation.

of the most favoured be entitled to the treatment extended to similar representatives

The English text of all notes or despatches from United States officials to

Chinese officials, and the Chinese text of all notes or despatches from Chinese officials

to United States officials shall be authoritative.

Art. II.—As China may appoint consular officers to reside in the United States

and to enjoy there the same attributes, privileges and immunities as are enjoyed by

consular officers of other nations, the United States may appoint, as its interests may

COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA

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. III.—-Citizens of the United States may frequent, reside, and carry on trade,

industries and manufactures, or pursue any lawful avocation, in all the ports or

localities of China which are now open or may hereafter be opened to foreign trade

and residence; and, within the suitable localities at those places which have been or

may be set apart for the use and occupation of foreigners, they may rent or purchase

houses, places of business and other buildings, and rent or lease in perpetuity land

and build thereon. They shall generally enjoy as to their persons and property all

such rights, privileges and immunities as are or may hereafter be granted to the

subjects or citizens of the nation the most favoured in these respects.

Art. IV.—The Chinese Government, recognising that the existing system of

levying dues on goods in transit, and especially the system of taxation known as

lekin, impedes the free circulation of commodities to the general injury of trade,

hereby undertakes to abandon the levy of lekin and all other transit dues throughout

the Empire and to abolish the offices, stations and barriers maintained for their

collection and not to establish other offices for levying dues on goods in transit.

It is clearly understood that, after the offices, stations and barriers for taxing goods

in transit have been abolished, no attempt shall be made to re-establish them in any

form or under any pretext whatsoever.

The Government of the United States, in return, consents to allow a surtax, in

excess of the tariff rates for the time being in force, to be imposed on foreign goods

imported by citizens of the United States and on Chinese produce destined for export

abroad or coastwise. It is clearly understood that in no case shall the surtax on

foreign imports exceed one and one-half times the import duty leviable in terms of

the final Protocol signed by China and the Powers on the seventh day of September,

a.d. 1901; that the payment of the import duty and surtax shall secure for foreign

imports, whether in the hands of Chinese or foreigners, in original packages or other-

wise, complete immunity from all other taxation, examination or delay; that the total

amount of taxation, inclusive of the tariff export duty leviable on native produce for

export abroad shall, under no circumstances, exceed seven and one-half per cent.

ad valorem.

Nothing in this Article is intended to interfere with the inherent right of China

to levy such other taxes as are not in conflict with its provisions.

Keeping these fundamental principles in view, the high contracting parties

have agreed upon the following method of procedure:

The Chinese Government undertakes that all offices, stations and barriers of

whatsoever kind for collecting lekin, duties, or such like dues on goods in transit, shall

be permanently abolished on all roads, railways and waterways in the nineteen

Provinces of China and the three Eastern Provinces. This provision does not apply

to the native Customs offices at present in existence on the seaboard, at open ports

COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA

where there are offices of the Imperial Maritime Customs, and on the land frontiers

of China embracing the nineteen Provinces and the three Eastern Provinces.

Wherever there are offices of the Imperial Maritime Customs, or wherever such

may be hereafter placed, native Customs offices may also be established, as well as at

any point either on the seaboard or land frontiers.

The Government of the United States agrees that foreign goods on importa-

tion, in addition to the effective five per cent, import duty as provided for in the

Protocol of 1901, shall pay a special surtax cf one and one-half times the amount of

the said duty to compensate for the abolition of leJcin, 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 lelcin taxation, duties on goods in transit.

COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA 81

•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. V.—The tariff duties to be paid by citizens of the United States on goods

imported into China shall be as set forth in the schedule annexed hereto and made

part of this Treaty, subject only to such amendment and changes as are authorised

by Article IV. of the present Convention, or as may hereafter be agreed upon by the

present high contracting parties. It is expressly agreed, however, that citizens of

the United States shall at no time pay other or higher duties than those paid by the

citizens or subjects of the most favoured nation.

Conversely, Chinese subjects shall not pay higher duties on their imports into the

United States than those paid by the citizens or subjects of the most favoured nation.

Art. VI.—-The Grovernment of China agrees to the establishment by citizens of the

United States of warehouses approved by the proper Chinese authorities as bonded

warehouses at the several open ports of China, for storage, re-packing, or preparation

for shipment of lawful goods, subject to such needful regulations for the protection

of the revenue of China, including a reasonable scale of fees according to com-

modities, distance from the Custom-house, and hours of working, as shall be made

from time to time by the proper officers of the Government of China.

Art. VII.—The Chinese Government, recognising that it is advantageous for

the country to develop its mineral resources, and that it is desirable to attract foreign

as well as Chinese capital to embark in mining enterprises, agrees, within one year

from the signing of this Treaty, to initiate and conclude the revision of the existing

mining regulations. To this end China will, with all expedition and earnestness, go

into the whole question of mining rules; and, selecting from the rules of the United

States and other countries, regulations which seem applicable to the condition of

China, will recast its present mining rules in such a way as, while promoting the

interests of Chinese subjects and not injuring in any way the sovereign rights of

China, will offer no impediment to the attraction of foreign capital nor place foreign

capitalists at a greater disadvantage than they would be under generally accepted

foreign regulations ; and will permit citizens of the United States to carry on in

Chinese territory mining operations and other necessary business relating thereto,

provided they comply with the new regulations and conditions which may be imposed

by China on its subjects and foreigners alike, relating to the opening of mines, the

renting of mineral land, and the payment of royalty, and provided they apply for

permits, the provisions of which in regard to necessary business relating to such

operations shall be observed. The residence of citizens of the United States in

connection with such mining operations shall be subject to such regulations as shall

be agreed upon between the United States and China.

Any mining concession granted after the publication of such new rules shall be

subject to their provisions.

Art. VIII.—Drawback certificates for the return of duties shall be issued by the

Imperial Maritime Customs to citizens of the United States within three weeks of

the presentation to the Customs of the papers entitling the applicant to receive such

drawback certificates, and they shall be receivable at their face value in payment of

duties of all kinds (tonnage dues excepted) at the port of issue; or shall, in the case

of drawbacks on foreign goods re-exported within three years from the date of

importation, be redeemable by the Imperial Maritime Customs in full in ready money

at the port of issue, at the option of the holders thereof. But if, in connection with

any application for a drawback certificate*, the Customs authorities discover an

attempt to defraud the revenue, the applicant shall be dealt with and punished in

accordance with the stipulations provided in the Treaty of Tientsin, Article XXI., in

the case of detected frauds on the revenue. In case the goods have been removed

82 COMMERCIAL TREATY BETWEEN UNITED STATES AND CHINA

from Chinese territory, then the Consul shall inflict on the guilty party a fine to hfr

paid to the Chinese Government.

Art. IX.—Whereas the United States undertakes to protect the citizens of afiy

country in the exclusive use within the United States of any lawful trade-marks^

provided that such country agrees.by Treaty or Convention to give like protection to-

citizens of the United States :—

Therefore the Government of China, in order to secure such protection in the

United States for its subjects, now agrees to fully protect any citizen, firm or corpora-

tion of the United States in the exclusive use in the Empire of China of any lawful

trade-mark to the exclusive use of which they are entitled in the United States, or

which they have adopted and used, or intend to adopt and use as soon as registered,

for exclusive use within the Empire of China. To this end the Chinese Government

agrees to issue by its proper authorites proclamations having the force of law, for-

bidding all subjects of China from infringing on, imitating, colourably imitating, or

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 then-

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 he reprinted in the same form, no

work shall be entitled to copyright privileges under this Article. It is understood that

Chinese subjects shall he 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 83

The Chinese Government agrees that, upon the exchange of the ratifications of

-this Treaty, Mukden and Antung, both in the province of Sheng-king, will be opened

by China itself as places of international residence and trade. The selection of

fitting localities to be set apart for international use and occupation, and the regula-

tions for these places set apart for foreign residence and trade shall be agreed upon

by the Governments of the United States and China after consultation together.

Art. XIII.—China agrees to take the necessary steps to provide for a uniform

^national coinage which shall be legal tender in payment of all duties, taxes and other

obligations throughout the Empire of China by the citizens of the United States as

well as Chinese subjects. It is understood, however, that all Customs duties shall

continue to be calculated and paid on the basis of the Haikuan Tael.

Art. XIY.—The principles of the Christian religion, as professed by the Pro-

testant and Eoman 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-

dess and teach these doctrines shall not be harassed or persecuted on account ot their

faith. Any person, whether citizen of the United States or Chinese convert, who,

according to these tenets, peaceably teaches and practises the principles of Chris-

tianity shall in no case be interfered with or molested therefor. No restrictions shall

be placed on Chinese joining Christian Churches. Converts and non-converts, being

Chinese subjects, shall alike conform to the laws of China; and shall pay due respect

-to those in authority, living together in peace and amity; and the fact of being con-

verts shall not protect them from the consequences of any offence they may have com-

mitted before or may commit after their admission into the Church, or exempt them

from paying legal taxes levied on Chinese subjects generally, except taxes levied and

-contributions for the support of religious customs and practices contrary to their

religion. Missionaries shall not interfere with the exercise by the native authorities

of their jurisdiction over Chinese subjects; nor shall the native authorities make any

distinction between converts and non-converts, but shall administer the laws without

-partiality so that both classes can live together in peace.

Missionary societies of the United States shall be permitted to rent and to lease

in perpetuity, as the property of such societies, buildings or lands in all parts of the

Empire for missionary purposes and, after the title deeds have been found in order

and duly stamped by the local authorities, to erect such suitable buildings as may be

required for carrying on their good work.

Art. 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, 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

dor medical purposes, on payment of tariff duty, and under regulations to be framed

by China which shall effectually restrict the use of such import to the said purposes.

This prohibition shall be uniformly applied to such importation from all countries.

The Chinese Government engages to adopt at once measures to prevent the manu-

facture in China of morphia and of instruments for its injection.

Art. XVII.—It is agreed between the high contracting parties hereto that all

the provisions of the several Treaties between the United States and China which

were in force on the first day of January, a.d. 1900, are continued in full force and

-effect except in so far as they are modified by the present Treaty or other Treaties to

-which the United States is a party.

The present Treaty shall remain in force for a period of ten years beginning with

the date of the exchange of ratifications and until a revision is effected as hereinafter

provided.

It is further agreed that either of the high contracting parties may demand

;that the Tariff and the Articles of this Convention be revised at the end of ten years

84 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 Hsu eighth

month and eighteenth day.

Annex I.

As citizens of the United States are already forbidden by Treaty to deal in or

handle opium, no mention has been made in this Treaty of opium taxation.

As the trade in salt is a G-overnment monopoly in China, no mention has been

made in this Treaty of salt taxation.

It is, however, understood, after full discussion and consideration, that the col-

lection of inland duties on opium and salt and the means for the protection of the

revenue therefrom and for preventing illicit traffic therein are left to be administered

by the Chinese Government in such manner as shall in no wise interfere with the

provision of Article IV. of this Treaty regarding the unobstructed transit of other

goods.

Annex II.

Article IV. of the Treaty of Commerce between the United States and China of this

date provides for the retention of the native Customs offices at the open ports. For 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. IY.—Portugal engages to co-operate in opium revenue work at Macao in the-

same way as England in Hongkong.

Done at Lisbon, the 26th March, 1887.

Henrique de Barros Gomes.

James Duncan Campbell.

The Treaty

Ratifications Exchanged at Pelting 28th April, 1888

His Most Faithful Majesty the King of Portugal and the Algarves, and His

Imperial Majesty the Emperor of China, desiring to draw closer and to consolidate the-

ties of friendship which have subsisted for more than three hundred years between

Portugal and China, and having agreed in Lisbon on the 26th day of March, 1887, 2nd

day of 3rd moon of the 13th year of the reign of the Emperor Kwang Hsu, through

their representatives, on a Protocol of four Articles, have now resolved to conclude a

Treaty of Amity and Commerce to regulate the relations between the two States;

for this end they have appointed as their Plenipotentiaries, that is to say:—

His Most Faithful Majesty the King of Portugal, Thomas de Souza Roza, his

Envoy Extraordinary and Minister Plenipotentiary to the Court of Peking, Knight of

the Order of Nossa Senhora de Conceicao de Villa Vicosa, Grand Cross of the Order of

the Rising Sun of Japan and of the Crown of Siam, Commander of the Order of Charles

II. and of Isabella the Catholic of Spain, and Knight of the Iron Crown of Austria ;

His Imperial Majesty the Emperor of China, His Highness Prince Ching, Pre-

sident of the Tsung-li 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 pi-operty.

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.

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 10

this Treaty, which shall be as valid and binding to both the high contracting parties

as the present Treaty.

Art. V.—His Most Faithful Majesty the King of Portugal may appoint an

Ambassador, Minister, or other diplomatic agent to the Court of His Im-

perial Majesty the Emperor of China, and this agent, as well as the persons of his

suite and their families, will be permitted, at the option of the Portuguese Govern-

ment, to reside permanently in Peking, to visit that Court, or to reside at any other

place where such residence is equally accorded to the diplomatic representative of other

nations. The Chinese Government may also, if it thinks fit, appoint an Ambassador,

Minister, or other diplomatic agent to reside at Lisbon, or to visit that Court when

his Government shall order.

Art. VI.—The diplomatic agents of Portugal and China shall reciprocally enjoy

in the place of their residence all the prerogatives and immunities accorded by the

laws of nations; their persons, families, and houses, as well as their correspondence,

shall be inviolate.

Art. VII.—The official correspondence addressed by the Portuguese authorities to

the Chinese authorities shall be written in the Portuguese language accompanied by

a translation in Chinese, and each nation shall regard as authoritative the document

written in its own language.

Art. VIII.—The form of correspondence between the Portuguese and the Chi-

nese authorities will be regulated by their respective rank and position, based upon

complete reciprocity. Between the high Portuguese and Chinese functionaries at the

capital or elsewhere, such correspondence will take the form of dispatch (Chau-hoei);

between the subordinate functionaries of Portugal and the chief authorities of the

provinces, the former shall make use of the form of exposition (Xen-chen) and the

latter that of declaration (Cha-hsing) ; and the subordinate officers of both nations

shall correspond together on terms of perfect equality. Merchants and generally all

others who are not invested with an official character shall adopt, in addressing the

authorities, the form of representation or petition (Pin-ching).

Art. IX.—His Most Faithful Majesty the King of Portugal may appoint

Consuls-General, Consuls, Vice-Consuls, or Consular Agents in the ports or

other places where it is allowed to other nations to have them. These functionaries

will have powers and attributes similar to those of the Consuls of other nations,

and will enjoy all the exemptions, privileges, and immunities which at any time the

consular functionaries of the most favoured nation may enjoy.

The Consuls and the local authorities will show to each other reciprocal civilities

and correspond with each other on terms of perfect equality.

The Consuls and acting Consuls will rank with Taotais, Vice-Consuls, acting

Vice-Consuls, Consular Agents and interpreters-translators, with Prefects. The

Consuls must be officials of the Portuguese Government, and not merchants. The

Chinese Government will make no objection in case the Portuguese Government

■should deem it unnecessary to appoint an official Consul at any port and choose to

entrust a Consul of some other nation, for the time being, with the duties of Portu-

guese Consul at that port.

Art. X.—All the immunities and privileges, as well as all the advantages con-

cerning commerce and navigation, such as any reduction in the duties of navigation,

importation, exportation, transit or any other, which may have been or may be here-

after granted by China to any other State or to its subjects, will be immediately extended

to Portugal and its subjects. If any concession is granted by the Chinese Govern-

ment to any foreign Government under special conditions, Portugal, on claiming the

TREATY BETWEEN PORTUGAL AND CHINA 87-

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. XIV.—Portuguese subjects residing in the open ports may take into their

service Chinese subjects, and employ them in any lawful capacity in China, without

restraint or hindrance from the Chinese Government; but shall not engage them for

foreign countries in contravention of the laws of China.

Art. XV.—The Chinese authorities are bound to grant the fullest protection to-

the persons and to the property of Portuguese subjects in China, whenever they may

be exposed to insult or wrong. In case of robbery or incendiarism, the local autho-

rities will immediately take the necessary measures to recover the stolen property, to-

terminate the disorder, to seize the guilty, and punish them according to the law.

Similar protection will be given by Portuguese authorities to Chinese subjects in the

possessions of Portugal.

Art. XVI.—Whenever a Portuguese subject intends to build or open houses,

shops or warehouses, churches, hospitals, or cemeteries, at the Treaty ports or at

other places, the purchase, rent, or lease of these properties shall be made out accord-

ing to the current terms of the place, with equity, without exaction on either side,

without offending against the usages of the people, and after due notice given by the

proprietors to the local authority. It is understood, however, that the shops or ware-

houses above mentioned shall only be allowed at the ports open to trade, and not in

any place in the interior.

Art. XVII.—Portuguese subjects conveying merchandise between open ports

shall be required to take certificates from the Superintendent of Customs such as-

are specified in the regulations in force with reference to other nationalities.

But Portuguese subjects, who, without carrying merchandise, would like to go

to the interior of China, must have passports issued by their Consuls and counter-

signed by the local authorities. The bearer of the passport must produce the same

when demanded, and the passport not being irregular, he will be allowed to proceed

and no opposition shall be offered, especially to his hiring persons or vessels for the-

carriage of his baggage or merchandise.

If he be without a passport, or if he commits any offence against the law, he

shall be handed over to the nearest Consul of Portugal to be punished, but he must

not be subjected to an oppressive measure. No passport need be applied for by

persons going on excursions from the ports open to trade to a distance not exceeding

100 li and for a period not exceeding five days.

The provisions of this Article do not apply to crews of ships, for the due restraint

of whom regulations will be drawn up by the Consul and the local authorities.

Art. XVIII.—In the event of a Portuguese merchant vessel being plundered

by pirates or thieves within Chinese waters, the Chinese authorities are to employ

88 TREATY BETWEEN PORTUGAL AND CHINA

their utmost exertions to seize and punish the said robbers and to recover the stolen

goods, which, through the Consul, shall be restored to whom they belong.

Art. XIX.—If a Portuguese vessel be shipwrecked on the coast of China, or be

compelled to take refuge in any of the ports of the Empire, the Chinese authorities,

on receiving notice of the fact, shall provide the necessary protection, affording

projnpt assistance and kind treatment to the crews and, if necessary, furnishing them

with the means to reach the nearest Consulate.

Art. XX.—Portuguese merchant vessels of more than one hundred and fifty

tons burden will pay tonnage dues at the rate of four mace per ton ; if of one hundred

and fifty tons and under they shall be charged at the rate of one mace per ton. The

Superintendent of Cilstbms 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. XXIY.—All small vessels employed by Portuguese subjects in carrying

passengers, baggage, letters, provisions or any other cargo which is free of duty,

between the open ports of China, shall be free from tonnage dues; but all such vessels

carrying merchandise subject to duty shall pay tonnage dues every four months at

the rate of one mace per ton.

Art. XXV.—Portuguese merchant , vessels approaching any of the open ports

will be at liberty to take a pilot to reach the harbour; and likewise to take a pilot to

leave it, in case the said ship shall have paid all the duties due by her.

Art. XXVI.—Whenever a Portuguese merchant ship shall arrive at any of the

open ports of China, the Superintendent of Customs will send off one or more

Custom-house officers, who may stay on board of their boat or on board of the ship

as best suits their convenience. These officers will get their food and all necessaries

from the Custom-house, and will not be allowed to accept any fee from the captain

of the ship or from the consignee, being liable to a penalty proportionate to the

amount received by them.

Art. XXVII.—Twenty-four hours after the arrival of a Portuguese merchant

ship at any of the open ports, the papers of the ship, manifest, and other documents,

shall be handed over to the Consul, whose duty it will be also to report to the

Superintendent of Customs within twenty-four hours, the name, the registered

tonnage, and the cargo brought by the said vessel. If, through negligence or for

any other motive, this stipulation be not complied with within forty-eight hours

after the arrival of the ship, the captain shall be subject to a fine of fifty Taels for

each day’s delay over and above that period, but the total amount of the fine shall

not exceed two hundred Taels.

The captain of the ship is responsible for the correctness of the manifest, in

which the cargo shall be minutely and truthfully described, subject to a fine of five

hundred Taels as penalty in case the manifest should be found incorrect. This fine,

however, will not be incurred if, within twenty-four hours after the delivery of the

manifest to the Custom-house officers, the captain expressed the wish to rectify any

error which may have been discovered in the said manifest.

TEEATY BETWEEN PORTUGAL AND CHINA

Art. XXVIII.—The Superintendent of Customs will permit the discharging of

the ship as soon as he shall have received from the Consul the report drawn up in due

form. If the captain of the ship should take upon himself to commence discharging

without permission, he shall be fined five hundred Taels and the goods so discharged

shall be confiscated.

Art. XXIX.—Portuguese merchants having goods to ship or to land will have

to obtain a special permission from the Superintendent of Customs to that effect,

without which all goods shipped or landed shall be liable to confiscation.

Art. XXX.—No transhipment of goods is allowed from ship to ship without

special permission, under penalty of confiscation of all the goods so transhipped.

Art. XXXI.—When a ship shall have paid all her duties, the Superintendent

of Customs will grant her a certificate and the Consul will return the papers, in order

that she may proceed on her voyage.

Art. XXXII.—When any doubt may arise as to the value of goods which by the

Tariff are liable to an ad 'valorem duty, and the Portuguese merchants disagree with

the Custom-house officers as regards the value of said goods, both parties will call

two or three merchants to examine them, and the highest offer made by any of the

said merchants to buy the goods will be considered as their just value.

Art. XXXIII.—Duties will be paid on the net weight of every kind of merchandise.

Should there be any difference of opinion between the Portuguese merchant and the

Custom-house officer as to the mode by which the tare is to be fixed, each party will

choose a certain number of boxes or bales from among every hundred packages of

the goods in question, taking the gross weight of said packages, then the tare of each

of the packages separately, and the average tare resulting therefrom will be adopted

for the whole parcel.

In case of any doubt or dispute not mentioned herein, the Portuguese merchant

may appeal to the Consul, who will refer the case to the Superintendent of Customs;

this officer will act in such a manner as to settle the question amicably. The appeal,

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,

any fraud bethey are found

detected, to be the

the goods mayidentical goods;bybut

be confiscated theifChinese

during Government.

the examination

Should any Portuguese merchant wish to re-export to a foreign country any

goods imported, and upon which duties have been already paid, he will have to make

his application in the same form as required for the re-exportation of goods to

another port in China, in which case a certificate of drawback or of restitution of

duties will be granted, which will be accepted by any of the Chinese Custom-houses in

payment of import or export duties.

Foreign cereals imported by Portuguese ships into the ports of China may be

re-exported without hindrance if no portion of them has been discharged.

Art. XXXVI.—The Chinese authorities will adopt at the ports the measures which

they may deem the most convenient to avoid fraud or smuggling.

.90 TREATY BETWEEN PORTUGAL AND CHINA

Art. XXXVII.—The proceeds of fines and confiscations inflicted on Portuguese

subjects, in conformity to this Treaty, shall belong exclusively to the Chinese

Government.

Art. XXXVIII.—Portuguese subjects carrying goods to a market in the interior

of the country, on which the lawful import duties have already been paid at any of

the open ports, or those who buy native produce in the interior to bring to the ports

on the 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 only to those ports of China

which are declared open to commerce. It is forbidden to them, except in the case of

force majeure provided for in Article XIX., to enter into other ports, or to carry

on a clandestine trade on the coast of China, and the 'transgressor of this order shall

be subject to confiscation of his ship and cargo by the Chinese Government.

Art. XLIII.—All Portuguese vessels despatched from one of the open ports 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 91

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. LIY.—The present Treaty, with the Convention appended to it, shall be

ratified by His Most Faithful Majesty the King of Portugal and the Algarves and

His Imperial Majesty the Emperor of China. The exchange of the ratifications shall

be made, within the shortest possible time, at Tientsin, after which the Treaty,,

with the Convention appended, shall be printed and published in order that the

functionaries and subjects of the two countries may have full knowledge of their

stipulations and may fulfil them.

In faith whereof, the respective Plenipotentiaries have signed the present Treaty

and have affixed their seals thereto.

Done in Peking, this first day of the month of December in the year of Our Lord

Jesus Christ one thousand eight hundred and eighty-seven, corresponding to the

Chinese date of the seventeenth day of the tenth moon of the thirteenth year of

Kuang-Hsu.

[l.s.] (Signed) Thomas de Sotjza Roza.

[Chinese Seal] Prince Ch’ing.

Signatures of the Chinese Plenipotentiaries. SUN-IU-UEN.

;92 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 he 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. —Iso opium shall be imported into Macao in quantities

2. —All opium imported into Macao must, forthwith on ar

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, la

•from one store to another, or exported, without a permit issued by the Superintendent.

4. —The importers and exporters of opium in Macao must k

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

will be permitted to keep in their custody raw opium in quantities inferior to one chest.

6. —Regulations framed to enforce in Macao the execut

equivalent to those adopted in Hongkong for similar purposes.

Art. II.—Permits for the exportation of opium from Macao into Chinese ports,

after being issued, shall be communicated by the Superintendent of Opium to the

Commissioner of Customs at Kung-pac-kuan.

Art. III.—By mutual consent of both the high contracting parties the stipula-

tions of this Convention may be altered at any time.

In faith whereof the respective Plenipotentiaries have signed and sealed this

Convention.

Done in Peking this first day of December in the year of Our Lord Jesus Christ

one thousand eight hundred and eighty-seven, corresponding to the Chinese date of

the seventeenth day of the tenth moon of the thirteenth year of Kwang Hsu.

[l.s.] (Signed) Thomas de Souza Roza.

[Chinese Seal] 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 authorized by His Excellency Thomas de Souza Roza, Chief of the said

Mission, and Sir Robert Hart, k.c.m.o., Inspector-General of the Chinese Imperial

Maritime Customs, provided with the necessary instructions from the Chinese

Government, have agreed on the following:

1. —An office under a Commissioner appointed by the Foreign In

the Chinese Imperial Maritime Customs shall be established at a convenient spot on

Chinese territory, for the sale of opium duty certificates, to be freely sold to merchants

•and for such quantities of opium as they may require. The said Commissioner will

also administer the Customs stations near Macao.

2. —Opium accompanied by such certificates, at the rate of not m

Taels per picul, shall be free from all other imposts of every sort, and have all the

benefits stipulated for by the Additional Article of the Chefoo Convention between

China and Great Britain on behalf of opium on which duty has been paid at one of

the ports of China, and may be made up in sealed parcels at the option of the purchaser.

3. —The Commissioner of Customs responsible for the manage

■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 carg

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 leJcin tax before

entering Macao may be re-exported from Macao to Chinese ports without paying

■Customs duties and leMn 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

eontinues 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

1 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.

94 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 tho

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. Y.—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 t

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

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

acontracting parties. Such vessels may engage in all lawful trade, including the tow-

ge 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 under designation “Port

Wine ” shall not be entitled to the benefit of this Article unless accompanied by a

certificate of origin as above.

Art. VII.-—Portuguese subjects may frequent, reside at, and carry on trade,

industries and manufactures, and pursue any other lawful avocation in all the ports

and localities in China which have already 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 nse and occupation of foreigners,

Portuguese subjects may therein lease land, erect buildings, and in all respects enjoy rhe

same privileges and immunities as are granted to subjects of the most favoured nations.

Art. VIII.—Whereas China, with the object of reforming its fiscal system,

proposes to levy a surtax in addition to the tariff duties on all goods passing through

the Custom-houses, whether maritime or inland and frontier, in order to make good

the loss incurred by the complete abolition of lekin, the Portuguese Government agrees

that foreign goods imported into China by Portuguese subjects shall on entry pay

an import surtax equivalent to one and a half times the duty fixed by the Import

Tariff as now revised, and that Chinese produce exported abroad by Portuguese sub-

jects shall pay export duties, inclusive of the tariff export duty, not exceeding seven

and a half per cent, ad 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 paid to the Chinese Government.

Art. X.—China agrees to herself establish a svstem of uniform national coinage

and provide for a uniform national currency, which shall be freely used as legal

tender in payment of all duties, taxes, and other obligations by Portuguese subjects

as well as by Chinese subjects in the Chinese Empire. It is understood, however,

that all Customs duties shall continue to be calculated and paid on the basis of the

Haikwan Tael.

Art. XI.—The Government of His Most Faithful Majesty agrees to the prohibi-

tion by the Chinese Government of the importation into China of morphia and of

instruments for its injection, on condition, however, that the Chinese Go ernment

96 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 greater disadvantage than they would be under generally-

accepted toreign 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

iuvest 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 97

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. 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, Portugal

agrees to give every assistance to such reform, and will also be prepared to relinquish

extraterritorial rights when satisfied that the state of the Chinese laws, the arrange-

ments for their administration, and other considerations warrant it in so doing.

Art. XVI.—The missionary question in China demands, in the opinion of the

Chinese Government, careful consideration, so as to avert in the future troubles

which have occurred in the past. Portugal, as a nation specially interested in the

protection of its Catholic missions in Chinese territory, agrees to join in a commission

to investigate this question and, if possible, to devise means for securing permanent

peace between converts and non-converts, should such a commission be formed by

China and the Treaty Powers interested. No person, whether Portuguese subject or

Chinese convert who, according to the tenets of Christianity, peaceably teaches or

practises the principles of that religion, which aims at teaching men to do good, shall

be persecuted or harassed on account of his faith. But converts and non-converts,

being alike subjects of China, shall conform to her laws, and shall pay due respect

to those in authority, living together in peace and amity; and the fact of his being

a convert shall protect no one from the consequence of any offence he may have

committed before or may commit after his admission into the Church, or exempt him

from paying legal taxes and contributions levied for the support of religious customs and

practices contrary to his faith. Missionaries shall not interfere with the exercise by

the native authorities of their jurisdiction over Chinese subjects, nor shall the native

authorities make any distinction between converts and non-converts, but shall

administer the law without partiality, so that both classes may live together in peace.

Portuguese missions shall be permitted to rent and lease in perpetuity, as the

property of the mission, buildings or lands in all parts of the Empire for mission

fmrposes, and, after the title-deeds have been found in order and duly stamped by the

ocal authorities, to erect such suitable buildings as may be required for carrying out

their good work.

Art. XVII.—The present Treaty shall remain in force for a period of ten years

beginning with the date of the exchange of ratifications and until a revision is effected

as hereinafter provided.

It is further agreed that either of the two high contracting parties may

demand revision of the Tariff and the Articles of the Treaty six months before the

end of ten years from the date of the exchange of ratifications thereof. If no re-

vision is demanded before the end of the first term of the ten years, then these Articles

in their present form shall remain in full force for a further term of ten years

reckoned from the end of the first term and so on for successive periods of ten years.

Art. XVIII.—In order to prevent in the future any discussion, this Treaty is

written in Portuguese, Chinese and English, and signed in six copies, two in each lan-

guage. All these versions have the same sense and meaning, but if there should happen

to be any divergence in the interpretation of the Portuguese and Chinese versions,

the English text will be made use of to resolve the doubts that may have arisen.

Art. XIX.—The present Treaty shall be ratified by His Most Faithful Majesty

the King of Portugal and Algarves and His Imperial Majesty the Emperor .of China.

The exchange of the ratifications shall be made within the shortest possible time,

and the Treaty will be printed and published, in order that the functionaries and

subjects of the respective countries may have full knowledge of its stipulations and

may fulfil them.

In faith whereof the respective Plenipotentiaries have signed the present Treaty

and have affixed their seals thereto.

4

JAPAN

TREATY OE PEACE BETWEEN JAPAN AND CHINA

Signed at Shimonoseki (Bakan), Japan, on the 17th April, 1895

Ratifications Exchanged at Chefoo, China, on the 8th May, 1895

His Majesty 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

remove all cause for future complications, have named as their Plenipotentiaries for

the purpose of concluding a Treaty of Peace, that is to say:—

His Majesty the Emperor of Japan, Count Ito Hirobumi, Junii, Grand Cross of

the Imperial Order of Paullownia, Minister-President of State, and Viscount Mutsu

Munemitsu, Junii, First Class of the Imperial Order of the Sacred Treasure, Minister

of State for Foreign Affairs;

And His Majesty the Emperor of China, Li Hung Chang, Senior Tutor to the

Heir Apparent, Senior Grand Secretary of State, Minister Superintendent of Trade

for the Northern Ports of China, Viceroy of the Province of Chihli, and Earl of the

First Rank, and Li Ching Fong, 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 Row, 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 Row it follows the

course of that stream to its mouth, where it terminates. The mid-channel of the

River Liao shall be taken as the line of demarcation.

This cession also includes all islands appertaining or belonging to the Province

of Feng Tien situated in the eastern portion of the Bay of Liao Tung, and in the

northern part of the Yellow Sea.

(b.) The Island of Formosa, together with all islands appertaining or belonging

to the said Island of Formosa.

TREATY BETWEEN JAPAN AND CHINA

(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

be accorded by China most favoured nation treatment.

China makes, in addition, the following concessions, to take effect six months

after the date of the present Act:—

4*

100 TREATY BETWEEN JAPAN AND CHINA

1. The following cities, towns, and ports, in addition to those already opened,

shall be opened to the trade, residence, industries, and manufactures of Japanese

subjects under the same conditions, and with the same privileges and facilities as

exist at the present open cities, towns, and ports of China.

(a.) Shashih, in the Province of Hupeh.

(b.) Chung King, in the Province of Szechuan.

(c.) Suchow, in the Province of Kiang Su.

(d.) Hangchow, in the Province of Chekiang.

The Japanese Government shall have the right to station Consuls at any or all

of the above-named places.

2. Steam navigation for vessels under the Japanese flag for the conveyance of

passengers and cargo shall be extended to the following places:—

(a.) On the Upper Yangtsze River, from Ichang to Chung King.

(6.) On the Woosung River, and the Canal, from Shanghai to Suchow and

Hangchow.

The Rules and Regulations which now govern the navigation of the inland waters

of China by foreign vessels, shall, so far as applicable, be enforced in respect

of the above-named routes, until new Rules and Regulations are conjointly

agreed to.

3. Japanese subjects purchasing goods or produce in the interior of China or

transporting imported merchandise into the interior of China, shall have the right

temporarily to rent or hire warehouses for the storage of the articles so purchased or

transported, without the payment of any taxes or exactions whatever.

4. Japanese subjects shall be free to engage in all kinds of manufacturing

industries in all the open cities, towns, and ports of China, and shall be at liberty to

import into China all kinds of machinery, paying only the stipulated import duties

thereon.

All articles manufactured by Japanese subjects in China, shall in respect of

inland transit and internal taxes, duties, charges, and exactions of all kinds and also

in respect of warehousing and storage facilities in the interior of China, stand upon

the same footing and enjoy the same privileges and exemptions as merchandise

imported by Japanese subjects into China.

In the event of additional Rules and Regulations being necessary in connection

with these concessions, they shall be embodied in the Treaty of Commerce and

“Navigation provided for by this Article.

Art. VII.—Subject to the provisions of the next succeeding Article, the evacua-

tion of China by the armies of Japan shall be completely effected within three

months after the exchange of the ratifications of the present Act.

Art. VIII.—As a guarantee of the faithful performance of the stipulations of

this Act, China consents to the temporary occupation by the military forces of Japan,

of Wei-hai-wei, in the Province of Shantung.

Upon the payment of the first two instalments of the war indemnity herein

stipulated for and the exchange of the ratifications of the Treaty of Commerce and

Navigation, the said place shall be evacuated by the Japanese forces, provided the

Chipese Government consents to pledge, under suitable and sufficient arrangements,

the Customs Revenue of China as security for the payment of the principal and

interest of the remaining instalments of said indemnity. In the event 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 101

punish prisoners of war so restored to her by Japan. China also engages to at once

release all Japanese subjects accused of being military spies or charged with any

other military offences. China further engages not to punish in any manner, nor to

allow to be punished, those Chinese subjects who have in any manner been

compromised in their relations with the Japanese army during the war.

Art. X.—All offensive military operations shall cease upon the exchange of the

ratifications of this Act.

Art. XI.—The present Act shall be ratified by their Majesties the Emperor of

Japan and the Emperor of China, and the ratifications shall be exchanged at Chefoo

on the eighth day of the fifth month of the twenty-eighth year of Meiji, corresponding

to 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 Shimonoseki, in duplicate, this seventeenth day of the fourth month

of the twenty-eighth year of Meiji, corresponding to the twenty-third of the third

month of the twenty-first year of Kuang Hsu.

[l.s.] Count Ito Hirobumi, Junii, Grand Cross of the

Imperial Order of Paullownia, Minister-President

of State, Plenipotentiary of His Majesty the Emperor

of Japan.

.[l.s.] Viscount Mtjtsu Munemitsu, Junii, First Class

of the Imperial Order of the Sacred Treasure,

Minister of State for Foreign Affairs, Plenipotentiary

of His Majesty the Emperor of Japan.

[l.s.] Li Httng-chang, Plenipotentiary of His Majesty the

Emperor of China, Senior Tutor to the Heir Ap-

parent, Senior Grand Secretary of Northern Ports

of China, Viceroy of the Province of Chihli, and Earl

of the First Bank.

'[l.s.] Li Ching-fong, Plenipotentiary of His Majesty the

Emperor of China, Ex-Minister of the Diplomatic

Service, of the Second Official Rank.

TREATY OE COMMERCE AND NAVIGATION

Made at Peking, July 21st, 1896

His Majesty the Emperor of Japan and His Majesty the Emperor of China

ffiaving resolved, in pursuance of the provisions of Article VI. of the Treaty signed

at Shimonoseki on the 17th day of the 4th month of the 28th year of Meiji,

corresponding to the 23rd day of the 3rd month of the 21st year of Kwang-Hsii, to

conclude a Treaty of Commerce and Navigation, have for that purpose named as

their Pleninotentiaries, that is to say : —

102 TEEATY BETWEEN CHINA AND JAPAN

His Majesty the Emperor of Japan, Baron Hayashi Tadasu, Shosbii, Grand

Gross of the Imperial Order of the Sacred Treasure, Grand Officer of the Imperial

Order of the Rising Sun, Minister Plenipotentiary and Envoy Extraordinary; and

His Majesty the Emperor of China, Chang Yin-hoon, Minister of the Tsung-li

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. 1.—There shall be perpetual peace and friendship between His Majesty

the Emperor of Japan and His Majesty the Emperor of China, and between their

respective subjects, who shall enjoy equally in the respective countries of the high

contracting parties full and entire protection for their persons and property.

Art. II.—It is agreed by the high contracting parties that His Majesty the

Emperor of Japan may, if he see fit, accredit a Diplomatic Agent to the Court

of Peking and His Majesty the Emperor of China may, if he sees fit, accredit a

Diplomatic Agent to the Court of Tokyo.

The Diplomatic Agents thus accredited shall respectively enjoy all the pre-

rogatives, privileges and immunities accorded by international law to such Agents,

and they shall also in all respects be entitled to the treatment extended to similar

Agents of the most favoured nation.

Their persons, families, suites, establishments, residences and correspondence

shall be held inviolable. They shall be at liberty to select and appoint their

own officers, couriers, interpreters, servants, and attendants without any kind of

molestation.

Art. III.—His Majesty the Emperor of Japa,n may appoint Consuls-General,

Consuls, Vice-Consuls, and Consular Agents to reside at such of the ports, cities, and

towns of China which are now or may hereafter be opened to foreign residence and

trade, as the interests of the Empire of Japan may require.

These officers shall be treated with due respect by the Chinese Authorities, and

they shall enjoy all the attributes, authority, jurisdiction, privileges and immunities-

which are or may hereafter be extended to similar officers of the nation most favoured

in these respects.

His Majesty the Emperor of China may likewise appoint Consuls-General, Consuls,

Vice-Consuls, and Consular Agents to reside at any or all of those places in Japan

where Consular officers of other nations are now or may hereafter be admitted, and,

saving in the matter of jurisdiction in respect of Chinese subjects and property in

Japan which is reserved to the Japanese Judicial Courts, they shall enjoy the rights

and privileges that are usually accorded to such officers.

Art. IV.—Japanese subjects may, with their families, employes and servants,

frequent, reside and carry on trade, industries and manufactures or pursue any other

lawful avocations in all the ports, cities and towns of China, which are now or may

hereafter be opened to foreign residence and trade. They are at liberty to proceed to

or from any of the open ports with their merchandise and effects, and within the

localities at those places which have already been or may hereafter be set apart for

the use and occupation of foreigners, they are allowed to rent or purchase houses,

rent or lease land and to build churches, cemeteries and hospitals, enjoying in all

respects the same privileges and immunities as are now or may hereafter be granted

to the subjects or citizens ot the most favoured nation.

Art. V.—Japanese vessels may touch for the purpose of landing and shipping

passengers and merchandise, in accordance with the existing Rules and Regulations

concerning foreign trade there, at all those places in China which are now ports of

call, namely, Ngan-ching, Ta-tung, Hu-kow, Wu-sueh, Lu-chi-kow and Woosung

and such other places as may hereafter be made ports of call also. If any vessel

should unlawfully enter ports other than open ports and ports of call in China or

carry on clandestine trade along the coast or rivers, the vessel with her cargo shall be

subject to confiscation by the Chinese Government.

TREATY BETWEEN CHINA AND JAPAN 103

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 bis 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

respectshall

which of duty-free articles;

exempt the goods and

fromonallpayment thereofcharges

further inland a certificate shall be issued

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

104 TREATY BETWEEN CHINA AND JAPAN

rate mentioned in the last preceding Article, substituting export duty for import

duty, provided such, goods and produce are actually exported to a foreign country

within the period of 12 months from the date of the payment of the transit tax.

All Chinese goods and produce purchased by Japanese subjects at the open ports of

China, and of which export to foreign countries is not prohibited, shall be exempt

from all internal taxes, imposts, duties, lekin, charges and exactions of every

nature and kind whatsoever, saving only export duties upon exportation, and all

articles purchased by Japanese subjects in any part of China, may also, for the

purposes of export abroad, be transported from open port to open port subject to

the existing Rules and Regulations.

Art. XIII.—Merchandise of a bond fide foreign origin, in respect of which full

import duty shall have been paid, may at any time within three years from the date

of importation, be re-exported from China by Japanese subjects to any foreign

country, without the payment of any export duty, and the re-exporters shall, in

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

T1JEATY BETWEEN CHINA AND JAPAN 105

port of Japan, she shall likewise he 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

106 TEEATY 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 Hsii (July 21st, 1896).

[l.s.] Chang Yin-hoon.

,, Hayashi Tadasu.

PROTOCOL REGARDING NEW PORTS

Made at Peking, 19th October, 1896

Baron Hayashi Tadasu, Envoy Extraordinary and Minister Plenipotentiary of

His Majesty the Emperor of Japan, and the Minister of Foreign Affairs of His

Majesty the Emperor of China have agreed upon the following stipulations supple-

mentary to the Treaty of Commerce and Navigation :—

Art. I.—It is hereby agreed that special Japanese settlements shall be formed

at the places newly opened to commerce, and that affairs relating to roads and

police shall be under the control of the Japanese Consul.

Art. II.—Regulations with respect to steamers or ships owned or chartered

by Japanese subjects at Suchow, Hangchow, and Shanghai shall be determined

after conference with Japan, on the basis of the Provisional Regulations for the

conduct of business by foreign merchants at those places, issued by the Shanghai

Customs on August third of the twenty-second year of 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 107

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 Tadasau.

„ Prince King.

„ Yin 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 lekin, Japan consents to pay

the same surtax as is agreed upon between China and all the Treaty Powers. With

regard to the production tax, consumption tax, and excise, and the taxes on native

opium and salt, leviable by China, Japan also consents to accept the same arrange-

ments as are agreed upon between all the Treaty Powers and China. It is under-

stood, however, that the commerce, rights and privileges of J apan shall not, on account

of the above, be placed at any disadvantage as compared with the commerce, rights

and privileges of other Powers.

103 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA

Art. II.—The Chinese Government agrees to permit Japanese steamship, owners

to erect, at their own expense, appliances for hauling through the rapids of that part

of the Yangtzekiang between Ichang and Chungking; but as the interests of the

population of the provinces of Szechuen, Hunan and Hupeh are involved, it is there-

fore necessary that the approval of the Imperial Maritime Customs be obtained before

such appliances may be so erected. These appliances, which shall be at the disposal

of all vessels, both steamers and junks, shall not obstruct the waterway nor interfere

with the free passage of junks or of persons on the banks on the river. Such ap-

pliances shall be subject to special regulations to be drawn up by the Imperial

Customs.

Art. III.—The Chinese Government agrees that any Japanese steamer capable

of navigating the inland waterways, upon reporting at the Imperial Maritime Cus-

toms, may proceed for the purpose of trade from a Treaty Port to places inland so

reported, on complying with the Original and Supplementary Begulations 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 law any Japanese

or Chinese subject who may be the author, proprietor, or seller of any publication

calculated to injure the well-being of China.

Art. VI.—China agrees to establish itself, as soon as possible, a system of

uniform national coinage, and provide for a uniform national currency, which shall be

freely used assegai 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,

on the basis however, that all Tael.

of the Haikwan Customs duties shall continue to be calculated and paid

Art. VII.—As the weights and measures used by the mercantile and other classes

for general and commercial purposes in the different provinces of China vary

and do not accord with the standards fixed by the Imperial Government Boards, thus

SUPPLEMENTAEY TREATY BETWEEN JAPAN AND CHINA 109

resulting in detriment to the trade of Chinese and foreigners, the Governors-General

and Governors of all the provinces, after careful inquiry into existing conditions, shall

consult together and fix upon uniform standards which, after a Memorial to the

Throne for sanction, shall be adopted and used in all transactions by officials and

people throughout all the Empire. These standards shall be first used in the places

opened to foreign trade and gradually extended to inland places. Any differences

resulting from divergence between the new weights and measures and those now in

vogue shall be equitably settled, whether by way of increase or decrease, according

to the amount of such difference.

Art. YIII.—The Eegulations for Steam Navigation Inland of the fifth moon of

the twenty-fourth year of Kuang Hsii 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. XI.—The Government of China having expressed a strong desire to reform

its judicial system and to bring it into accord with that of Japan and Western

nations, Japan agrees to give every assistance to such reform, and will also be pre-

pared to relinquish its extraterritorial rights when satisfied that the state of the

Chinese laws, the arrangements for their administration, and other considerations

warrant it in so doing.

Art. XII.—The present Treaty is signed in the Japanese, Chinese and English

languages. In order, however, to prevent future discussions, the Plenipotentiaries of

the high contracting parties have agreed that in case of any divergence in the in-

terpretation between the Japanese and Chinese texts of the Treaty, the difference

shall be settled by reference to the English text.

Art. XIII.—The present Treaty shall be ratified by His Majesty the Emperor of

Japan and His Majesty the Emperor of China, and the ratifications thereof shall be

exchanged at Peking as soon as possible, and not later than six months from the

110 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-ninth

year of Kuang Hsu.

[l.s.] Hioki Eki.

„ Odagiri Masnoske.

(Signed) Lu Hai-huan.

„ Sheng Hsuan-huai.

„ Wu T‘jng-fang.

Annex 1

INLAND WATERS STEAM NAVIGATION

Additional Rules

1. —Japanese steamship owners are at liberty to lease ware

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 th

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

and jetties on the same footing as Chinese proprietors of similar properties in the

neighbourhood. Japanese merchants may only employ Chinese agents and staff to

reside in warehouses so leased at places touched at by steamers engaged in inland

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 shall be responsible

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- Theof main

waterways Chinaobject

openedof the

to Japanese Government

steam navigation beingin todesiring

afford tofacilities

see the forinland

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

SUPPLEMENTAEY TREATY BETWEEN JAPAN AND CHINA 111

Japanese steamer which may now or hereafter he employed on the inland waters of

China, should the owner be willing to make the transfer. In the event of a Chinese

company registered under Chinese law being formed to run steamers on the inland

waters of China, the fact of Japanese subjects holding shares in such a company shall

not entitle the steamer to fly the Japanese flag.

6. —Registered steamers and their tows are forbidden, just as j

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 d

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 mei-chants and only as the owners of steamers may see prospect of

remunerative trade. In cases where it is intended to run steam vessels on w ater-

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,

port or ports to another open port or ports, or from one open port or ports to places

inland, and thence back to such port or ports. She may, on making due report to

the Customs, land or ship passengers or cargo at any recognised places of trade

passed in the course of the voyage; but may not ply between inland places

exclusively except with the consent of the Chinese Government.

9. —Any cargo and passenger boats may be towed by steamers

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 Regulatio

fifth and seventh moons of the twenty-fourth year of Kuang Hsii, which remain in

full force and effect in so far as they are not modified by the Rules now agreed upon.

The present Rules, and the Regulations of the fifth and seventh moons of the

twenty-fifth year of Kuang Hsu may hereafter be modified, as circumstances require,

by mutual consent.

Done at Shanghai this eighth day of the tenth moon of the thirty-sixth year of

Meiji, corresponding to the eighteenth day of the eighth moon of the twenty-ninth

year of Kuang Hsu.

[l.s.] Hioki Eki.

„ Odagiri Masnoske.

(Signed) Lu Hai-huan.

„ Sheng Hsuan-huai.

„ Wu T‘ing-fang.

Annex 2

Imperial Japanese Commissioners for Treaty Revision to Imperial Chinese

Commissioners for Treaty Revision

Shanghai, the 8th Day of the 10th Month of the 36th Year of Meiji.

Gentlemen,—According to Article III. of present Treaty, the Chinese Govern-

ment agree that any Japanese steamer capable of navigating the Inland Waterways,

upon reporting at the Imperial Maritime Customs, may proceed for purpose of trade

from a treaty port to places inland, so reported, on complying with the Original and

Supplementary Regulations for Steam Navigation Inland.

112 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.

„ Odagiri Masnoskb.

Annex 3

Imperial Chinese Commissioners for Treaty Revision to Imperial Japanese

Commissioners for Treaty Revision

Shanghai, the 18th Day of the 8th Moon of the 26th Year of Kuang Hsu.

Gentlemen,—We have the honour to acknowledge the receipt of your Excel-

lencies’ despatch of this date, written with a view of preventing future misunder-

standings, to the effect that, in accordance with the provisions of Article III. of the

present Treaty, all classes of Japanese steamers, whatever their size, provided they are

capable of navigating the Inland Waterways, may on complying with the Regulations

receive an Inland Waters Certificate, and ply to and from inland places, and that the

Chinese Government will in no case raise difficulties and stop them.

During the negotiations of this Article, we received a list from your Excellencies

of the Japanese steamers, viz.:—Sanyo Maru, Setagawa Maru, Hiuga Maru, Urato

Maru, Neisei Maru, Heian Maru, Taiko Maru, Yoshino Maru, Meiko Maru, Eukuju

Maru, Hijikawa Maru, Nagata Maru, Kyodo Maru, Horai Maru, Ewanko Mam,

Keiko Maru, Kinriu Maru, Zensho Maru and Kohei Maru, ranging from one hundred

and twenty-one tons to four hundred and ten tons register—plying from Chefoo to

inland places in Manchuria, under Inland Waters Certificate and in accordance with

the Regulations for Steam Navigation Inland, which vessels have not been prevented

from doing so on account of their class.

At that time we instructed the Deputy Inspector General of Customs to make

inquiries into the records of the Custom-houses, and he reported that the circum-

stances were in accordance with your Excellencies’ statement.

In consequence of the receipt of your Excellencies’ despatch, we shall communi-

cate with the Waiwupu and request that instructions be sent to the Inspector-General

of Customs to take these circumstances into consideration and to act accordingly, and

we have the honour to write this despatch for purposes of record.

We have the honour to be,

(Signed) Ln Hai-hhan.

„ Sheng Hsuan-hhai.

,, Wu T‘ing-fang.

SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA 113

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) Lu Hai-huan.

„ Sheng Hsuan-huai.

„ Wu 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

114 SUPPLEMENTARY TREATY BETWEEN JAPAN AND CHINA

guarding the Legations and communications, a place in Peking outside the Inner

City, convenient to both parties and free from objections, shall be selected and set

apart as a place where merchants of all nationalities may reside and carry on trade.

Within the limits of this place merchants of all nationalities shall be at liberty to

lease land, build houses and warehouses, and establish places of business; but as to

the leasing of houses and land belonging to Chinese private individuals there must

be willingness on the part of the owners, and the terms thereof must be equitably

arranged without any force or compulsion. All roads and bridges in this place will

be under the jurisdiction and control of China. Foreigners residing in this place are

to observe the Municipal and Police Regulations on the same footing as Chinese

residents, and they are not to be entitled to establish a Municipality and Police of

their own within its limits except with the consent of the Chinese authorities. When

such place of international residence and trade shall have been opened and its limits

properly defined, the foreigners who have been residing scattered both within and

without the city walls shall all be required to remove their residence thereto and

they shall not be allowed to remain in separate places, and thereby cause inconvenience-

in the necessary supervision by the Chinese authorities. The value of the land and.

buildings held by such foreigners shall be agreed upon equitably, and due compen-

sation therefor shall be paid. The period for such removal shall be determined in

due time, and those who do not remove before the expiry of this period shall not be

entitled to compensation.

We have considered it to be to our mutual advantage to come to the present

basis of understanding in order to avoid future unnecessary negotiations, and we beg

that your Excellencies will consider and agree to it, and will favour us with a reply.

We have the honour, etc.,

(Signed) Lu Hai-huan.

„ Seeng Hsuan-huai.

„ Wu T'ing-pang.

Annex 7

Imperiai. Japanese Commissioners for Treaty Revision to Imperial Chinese

Commissioners for Treaty Revision

Shanghai, the 8th Day of the 10th Month of the 86th Year of Meiji.

Gentlemen,—We have the honour to acknowledge the receipt of your

Excellencies’ despatch of the 18th day of the 8th moon of the 29th year of Kuang

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

m 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.

,, Odagirt Masnosee:

TREATY BETWEEN CHINA AND JAPAN RELATING

TO MANCHURIA

Signed at Peking, 22nd December, 1905

I. —The Chinese Government agrees to all the transfers made to Jap

toy Articles V. and VI. 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

signed and affixed their respective seals on the Treaty done in duplicate in Japanese

and Chinese.

Done at Peking, 22nd December, 1905.

Komura Jutaro,

Minister for Foreign Affairs, Special Ambassador;

Uchida Kosai,

Minister Plenipotentiary;

Prince Ching,

Minister Plenipotentiary;

Ku Ko-ki,

Minister Plenipotentiary;

Yuan Shi-kai,

Minister Plenipotentiary.

Supplementary Agreement

The Governments of the two contracting parties have decided on the following

matters in which both parties are interested in Manchuria and agreed upon the

following stipulations for their guidance:—

to theI. residence of—The Chinesetrade

foreigners and foreign Government agrees

with as little delayto open the following

as possible after cities in

the evacuation of Manchuria by the Japanese and Russian armies:—

Shingking Province:—Whangfengcheng, Liaoyang, Sinminting, Tiding, Tung-

kiangtze, and Fakumen.

Kirin Province:—Changchun (Kwangchengtze), Kirin, Harbin, Ninguta, Hong-

©hun and Sanchin.

Heilunkiang Province :—Tsitsikar, Hailar, Aihon and Manjuri.

II. —The Chinese Government having expressed its earnest desire f

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 C

116 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

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 measure

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 mi

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 a

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 ex

railways in South Manchuria from all duties and lehin.

IX. -—At Yingkow (Newchwaug), which is already

also in Antongcheng, Mukden, and other places in the Shingkiug province, which it is

agreed to open to foreign trade, settlements for the exclusive use of Japanese will be

established, and the provision for this purpose made by the Japanese and Chinese

authorities in a special agreement.

X. —The Chinese Government agrees to a joint-stock l

and Chinese being formed with a view to carrying on a business of cutting lumber in

the forests on the right bank of the Yalu. The Chinese Government further 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.

XL—In regard to the trade on the frontier of Manchuria and Corea, treatment

according to most-favoured-nation principle will be extended to each contracting party.

XII.—The Governments of the two contracting parties agree that in all the matters

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 Lake effect from the date of signing and is to be considered

as ratified with the ratification of the Treaty signed this day.

In witness whereof the contracting parties have signed and affixed their seals in,

duplicate in Japanese and Chinese, with due authority entrusted to them by their

respective Governments.

SINO-JAPANESE TREATY RELATING TO SHANTUNG

Ratified in Tokyo on June 8th, 1915

Treaty Respecting the Province op Shantung

(Signed at Peking, May 25th, 1915)

His Majesty the Emperor of Japan and His Excellency the President of the

Republic of China, being desirous to maintain the general peace of the Far East and.

to further strengthen the relations of amity and good neighbourhood existing between

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

end have named their Plenipotentiaries, that is to say:—

His Majesty the Emperor of Japan, M. Eki Hioki, Jushii, Second Class of

the Imperial Order of the Sacred Treasure, His Majesty’s Knvoy Extraordinary and

Minister Plenipotentiary to the Republic of China; and

His Excellency the President of the Republic of China, Mr. Lu-Cheng-hsiang,

Tsung-Ching, First Class of the Order of Chia-Ho, Minister of Foreign Affairs of

the Republic of China ;

Who, after having communicated to each other their respective full powers, which

were found to be in good and due form, have agreed upon the following Articles :—

Art. I.—The Chinese G-overnment engage to recognize all matters that may be

agreed upon between the Japanese Government and the German Government re-

specting the disposition of all the rights, interests and concessions, which, in virtue of

treaties or otherwise, Germany possesses vis-H-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

hall 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.

118 SINO-JAPANESE TREATY EELATING 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.I.J.M.’s Envoy Extraordinary

Mr. Lu Cheng-hsiang, and Minister Plenipotentiary.

Minister of Foreign Affairs

of the Republic of China.

Monsieur le Ministre:— Peking, May 25th, 1915.

I have the honour to state that the cities and towns to be opened in accordance

with the stipulation of Art. III. of the Treaty respecting Shantung Province, signed

to-day, will be selected and the regulations therefor will be drawn up by the Chinese

Government, and will be decided upon after consultation with the Japanese Minister.

I avail, etc., etc.,

Lu Cheng-hsiang,

His Excellency Minister of Foreign Affairs of

Mr. Eki Hioki, the Republic of China.

H.I.J.M.’s Envoy Extraordinary

and Minister Plenipotentiary.

SINO-.TAPANESE TREATY RESPECTING SOUTH MANCHURIA, ETC. 119“

Monsieur le Ministre:— Peking, May 25th, 1915.

I have the honour to acknowledge the receipt of your Excellency’s note of to-day’s-

date, in which you 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.

8INO-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

tiie 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

1 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. 11.—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.

120 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

fried and decided by the law-courts of China.

Art. VI.—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. VII.—The Government of China agree to a speedy fundamental revision of

various agreements and contracts relating to the Kirin-Changchun Railway, on the

basis of the terms embodied in railway loan agreements which China has heretofore

entered into with various foreign capitalists.

If in future the Chinese Government grant to foreign capitalists, in matters

that relate to railway loans, more advantageous terms than those in the various

existing railway loan agreements, the above-mentioned Kirin-Changchun Railway

Loan Agreement shall, if so desired by Japan, be further revised.

Art. VIII.—Except as otherwise provided in this Treaty, all existing treaties

between Japan and China with respect to Manchuria shall remain in force.

Art. IX.—-The present Treaty shall take effect on the day of its signature.

The present Treaty shall be ratified by His Majesty the Emperor of Japan and

by His Excellency the President of the Republic of China, and the ratifications thereof

shall be exchanged at Tokyo as soon as possible.

In witness whereof, the respective Plenipotentiaries have signed this Treaty made

in duplicate, in Japanese and in Chinese, and have hereunto affixed their seals.

Done at Peking the 25th day of the 5th month of the 4th year of Taisho,

corresponding to the 25th day of the 5th month of the 4th year of the inaugura-

tion of the Republic of China.

Eki Hioki,

Etc., etc., etc.

Ltj Cheng-hsiang,

Etc., etc., etc.

TREATY EOR THE SETTLEMENT OE OUTSTANDING

QUESTIONS RELATIVE TO SHANTUNG

Ratifications Exchanged at Pehing on June 2nd, 1922

Japan and China, being equally animated by a sincere desire to settle amicably

| and in accordance with their common interest outstanding questions relative to

Shantung, have resolved to conclude a treaty for the settlement of such questions,

I 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

j Navy; Baron Kijuro Shidehara, Ambassador Extraordinary and Plenipotentiary;

1; and Masanao Hanihara, Vice-Minister for Foreign Affairs; and

His Excellency the President of the Chinese Bepublic: Sao-ke Alfred Sze,

I: Envoy Extraordinary and Minister Plenipotentiary; Vikyuin Wellington Koo,

Envoy Extraordinary and Minister Plenipotentiary; and Chung-hui Wang, Former

Minister of Justice;

Who, having communicated to each other their respective full powers, found to

be in good and due form, have agreed upon the following Articles:—

i, Section I.—Restoration of the Former German Leased Territory of Kiaochow

Art. I.—Japan shall restore to China the former German Leased Territory of

I Kiaochow.

Art. II.—The Government of Japan and the Government of the Chinese Bepublic

i‘ 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

I 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 Bepublic, upon the transfer to China of the administration of

t 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.

1SJ2 TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG

Section II.—Transfer of Public Properties

Art,. V.—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 autborities, the Government of the Chinese Republic shall refund

a fair and equitable proportion of the expenses actually incurred by the Govern-

ment of Japan, having regard to the principle of depreciation and continuing value.

Art. VII.—Such public properties in the former German Leased Territory of

Kiaochow as are required for the Japanese Consulate to be established in Tsingtao

shall be retained by the Government of Japan, and those required more especially

for the benefit of the Japanese community, including public schools, shrines and

cemeteries, shall be left in the hands of the said community.

Art. VIII.—Details of the matters referred to in the preceding three Articles

shall be arranged by the Joint Commission provided for in Article II. of the present

Treaty.

Section III.—Withdrawal of Japanese Troops

Art. IX.—The Japanese troops, including gendarmes, now stationed along the

Tsingtao-Tsinanfu Railway and its branches, shall be withdrawn as soon as the

Chinese police or military force shall have been sent to take over the protection of

the Railway.

Art. X.—The disposition of the Chinese police or military force and the

withdrawal of the Japanese troops under the preceding Article may be effected in

sections.

The date of the completion of such process for each section shall be arranged

in advance between the competent authorities of Japan and China.

The entire withdrawal of such Japanese troops shall be effected within three

months, if possible, and, in any case, not later than six months from the date of the

signature of the present Treaty.

Art. XI.—The Japanese garrison at Tsingtao shall be completely withdrawn

simultaneously, if possible, with the transfer to China of the administration of the

former German Leased Territory of Kiaochow, and, in any case, not later than

thirty days from the date of such transfer.

Section IV.—Maritime Customs at Tsingtao

Art. XII.—The Custom House of Tsingtao shall be made an integral part of

the Chinese Maritime Customs upon the coming into force of the present Treaty.

Art. XIII.—The Provisional Agreement of August 6th, 1915, between Japan

and China relating to the re-opening of the office of the Chinese Maritime Customs at

Tsingtao shall cease to be effective upon the coming into force of the present Treaty.

Section V.—Tsingtao-Tsinanfu Railway

Art. XIV.—Japan shall transfer to China the Tsingtao-Tsinanfu Railway and

its branches, together with all other properties appurtenant thereto, including

wharves, warehouse and other similar properties.

TEEATY FOE THE SETTLEMENT EELATING TO SHANTUNG 123

Art. XV.—China undertakes to reimburse to Japan the actual value of all the

Eailway properties mentioned in the preceding Article.

The actual value to be so reimbursed shall consist of the sum of fifty-three

million, four hundred and six thousand, one hundred and forty-one (53,406,141)

gold marks (which is the assessed value of such portion of the said properties as

was left behind by the Germans), or its equivalent, plus the amount which Japan,.

during her administration of the Railway, has actually expended for permanent

improvements on or additions to the said properties, less a suitable allowance for

depreciation.

It is undertsood that no charge will be made with respect to the wharves, ware -

house and other similar properties mentioned in the preceding Article, except for

such permanent improvements on or additions to them as may have been made by

Japan during her administration of the Railway, less a suitable allowance for de-

preciation.

Art. XVI.—The Government of Japan and the Government of the Chinese

Republic shall each appoint three Commissioners to form a Joint Railway Com-

mission, with powers to appraise the actual value of the Railway properties on the

basis defined in the preceding Article and to arrange the transfer of the said

properties.

Art. XVII.—The transfer of all the Railway properties under Article XIV. of

the present Treaty shall be completed as soon as possible, and, in any case, not later

than nine months from the date of the coming into force of the present Treaty.

Art. XVIII.—To effect the reimbursement under Article XV. of the present

Treaty, China shall deliver to Japan, simultaneously with the completion of the

transfer of the Railway properties, Chinese Government Treasury Notes, secured on

the properties and revenues of the Railway and running for a period of fifteen years,

but redeemable, whether in whole or in part, at the option of China at the end of five

years from the date of the delivery of the said Treasury Notes, or at any time there-

after upon six months’ previous notice.

Art. XIX.—Pending the redemption, of the said Treasury Notes under the pre-

ceding Article, the Government of the Chinese Republic will select and appoint, for

so long a period as any part of the said Treasury Notes shall remain unredeemed,

a Japanese subject to be Traffic Manager, and another Japanese subject to be Chief

Accountant jointly with the Chinese Chief Accountant and with co-ordinate

functions.

These officials shall all be under the direction, control and supervision of the

Chinese Managing-Director, and removable for cause.

Art. XX.—Financial details of a technical character relating to the said

Treasury Notes not provided for in this Section shall be determined in common

accord between the Japanese and Chinese authorities as soon as possible and, in

any case, not later than six months from the date of the coming into force of the

present Treaty.

Section VI.—Extensions of the Tsingtao-Tsinanfu Eailway

Art. XXI.—The concessions relating to the two extensions of the Tsingtao-

Tsinanfu Railway, namely, the Tsinanfu-Shunteh and the Kaomi-Hsuchowfu lines,

shall be made open to common activity of an international financial group, on

terms to be arranged between the Government of the Chinese Republic and the said

group.

Section VII.—Mines

Art. XXII. —The mines of Tsechwan, Fangtze and Chinlingchen, for which

the mining rights were formerly granted by China to Germany, shall be handed

over to a company to be formed under a special charter of the Government of the

Chinese Republic, in which the amount of Japanese capital shall not exceed that of

Chinese capital.

124 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 VIII.—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. XXIV.—The Government of the Chinese Republic further declares that

vested rights lawfully and equitably acquired by foreign nationals in the former

German Leased Territory of Kiaochow, whether under the German regime or

during the period of the Japanese administration, will be respected.

All questions relating to the status or validity of such vested rights acquired by

Japanese subjects or Japanese companies shall be adjusted by the Joint Commission

•provided for in Article II. of the present Treaty.

Section IX.—Salt Industry

Art. XXV.—Whereas the salt industry is a Government monopoly in China,

it is agreed that the interests of Japanese subjects or Japanese companies actually

engaged in the said industry along the coast of Kiaochow Bay shall be purchased by

the Government of the Chinese Republic for fair compensation, and that the

exportation to Japan of a quantity of salt produced by such industry along the said

coast is to be permitted on reasonable terms.

Arrangements for the above purpose, including the transfer of the said

interests to the Government of the Chinese Republic, shall be made by the Joint

Commission provided for in Article II. of the present Treaty. They shall be

completed as soon as possible and, in any case, not later than six months from the

date of the coming into force of the present Treaty.

Section X.—Submarine Cables

Art. XXVI.—The Government of Japan declares that all the rights, title and

privileges concerning the former German submarine cables between Tsingtao and

Chefoo and between Tsingtao and Shanghai are vested in China, with the exception

of those portions of the said two cables which have been utilized by the Government

•of Japan for the laying of a cable between Tsingtao and Sasebo; it being under-

stood that the question relating to the landing and operation at Tsingtao of the said

Tsiugtao-Sasebo cable shall be adjusted by the Joint Commission provided for in

Article II. of the present Treaty, subject to the terms of the .existing contracts to

which China is a party.

Section XI.—Wireless Stations

Art. XXVII.—The Government of Japan undertakes to transfer to the Gov-

ernment of the Chinese Republic the Japanese wireless stations at Tsingtao and

Tsinanfu for fair compensation for the value of these stations, upon the with-

drawal of the Japanese troops at the said two places, respectivelv.

Details of such transfer and compensation shall be arranged by the Join

Oommission 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 125

It shall come into force from the date of the exchange of ratifications.

In witness whereof the respective Plenipotentiaries have signed the present

Treaty in duplicate in the English language, and have affixed hereto their seals.

Done at the City of Washington this fourth day of February, One Thousand

hTine Hundred and Twenty-Two.

[l.s.] T. Kato. [l.s.] Sao-ke Alfred Sze.

[l.s.] K. Shidehara. [l.s.] Y. K. Wellington Koo.

[l.s.] M. Hanihara. [l.s.] Chung-hui Wang.

ANNEX

I.—Renunciation of Preferential Rights

The Government of Japan declares that it renounces all preferential right with

respect to foreign assistance in persons, capital and material stipulated in the

Treaty of March 6th, 1898, between China and Germany.

II. —T

It is understood that public properties to be transferred to the Government of

the Chinese Republic under Article V. of the present Treaty include (1) all public

works, such as roads, water-works, parks, drainage and sanitary equipment, and

(2) all public enterprises such as those relating to telephone, electric, stockyard

and laundry.

The Government of the Chinese Republic declares that in the management

and maintenance of public works to be so transferred te 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 improvement s 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

Gustoms, to the diverse needs of the trade of Tsingtao in the selection of a suitable

staff for the said Custom House.

IV.—Tsingtao - Tsinanfu Railway

Should the Joint Railway Commission provided for in Article XVI. of the

present Treaty fail to reach an agreement on any matter within its competence, the

point or points at issue shall be taken up by the Government of Japan and the

Government of the Chinese Republic for discussion and adjustment by means of

diplomacy.

126 TREATY EOR THE SETTLEMENT REL ATING TO SHANTUNG

In the determination of such point or points, the Government of Japan and the*

Government of the Chinese Eepublic shall, if necessary, obtain recommendations of

experts of a third Power or Powers, who shall be designated in common accord1

between two Government*.

V.—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.

VI.—Opening of the Former German Leased Territory of Kiuochow

The Government of the Chinese Republic declares that, pending the enactment

and general application of laws regulating the system of local self-government in

China, the Chinese local authorities will ascertain the views of the foreign residents-

in the former German Leased Territory of Kiaochow in such municipal matters as-

may directly affect their welfare and interests.

T. Kato. Sao-ke Alfred Sze.

C. Shidehara. V. K. Wellington Koo.

M. Hanihara. Chung-hui Wang

AGREED TERMS OF UNDERSTANDING RECORDED IN THE MINUTES-

OF THE JAPANESE AND CHINESE DELEGATIONS CONCERNING

THE CONCLUSION OF THE TREATY FOR THE SETTLEMENT

OF OUTSTANDING QUESTIONS RELATIVE TO SHANTUNG

Transfer of Public Properties

I.—Japanese subjects will be permitted, subject to the provision of Chinese law,

to become members or shareholders of any of the commercial companies to be formed

Avith respect to public enterprises mentioned in Paragraph 4 of Annex II. of the

Treaty.

Withdrawal of Japanese Troops

II-—After the withdrawal

XI. of the Treaty, no Japanese of the Japanese

military forcetroops

of anyprovided

kind willforremain

in Articles

in anyIX.part

to-

of Shantung.

Tsingtao-Tsinanfu Railway

HI-—Allthereto

appurtenant light railways

shall be constructed

considered byas Japan

part ofin the

Shantung and allof properties

properties Tsingtao-

Tsinanfu Railway.

IV.—The telegraph lines along the Railway shall also be considered as part of

the Railway properties.

powerV-—The Chinese authorities,

and discretion to retain oruponto taking

removeover the Railway,

the present employes shallof have

Japanesefull

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 Railwav Commission provided for in

Article XVI. of the Treaty.

TREATY FOR THE SETTLEMENT RELATING TO SHANTUNG 127

YI.—The entire subordinate staff of the Japanese Traffic Manager and the

Japanese Chief Accountant of the Railway is to be appointed by the Chinese

Managing-Director. After two years and a half from the date of the transfer of

the Railway, the Chinese Government may appoint an Assistant Traffic Manager of

Chinese nationality for the period of two years and a half, and such Chinese

Assistant Traffic Manager may likewise be appointed at any time upon notice being

given for the redemption of the Treasury Notes under Article XVIII. of the Treaty.

VII. —The Chinese Government is under no obligation to

subjects as members of the subordinate staff above mentioned.

VIII. —The redemption of the Treasury Notes under A

Treaty will not be effected with funds raised from any source other than Chinese.

IX. —The Chinese Government will ask the Japanese Gov

information as may be useful in making the selection of the Japanese Traffic

Accountant of the Railway.

X. —All questions relating to the existing contracts or commi

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 Kiaochoiv

XI. —The term “ lawful pursuits” used in article XXIII. of th

be so construed as to include agriculture, or any enterprise prohibited by Chinese

law or not permitted to foreign nationals under the treaties between China and

Foreign Powers, it being understood that this definition shall be without prejudice

to the question of the salt industry provided for in Article XXV. of the Treaty or to

any question relating to vested right which shall be determined in accordance with

Article XXIV. of the Treaty.

Post Offices

XII. —All the Japanese Post Offices outside of the for

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 fo

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 t

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 Japanes

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 respo

which may have been directly caused by the military operations of Japan during

the late war.

Washington, D.C., Feburuary 4th, 1922.

FINAL PROTOCOL MADE BETWEEN CHINA

AND ELEVEN POWERS, 1901

[Translation']

The Plenipotentiaries of Germany, Monsieur A. Mumm von Schwartzenstein;

Austria-Hungary, Baron M. Czikann; Belgium, Monsieur Joostens; Spain, Monsieur

B. J. de Cologan; United States, Mr. W. W. Rockhill; France, Monsieur Beau;

Great Britain, Sir Ernest Satow; Italy, Marquis Salvage Raggi; Japan, Monsieur

Jutaro Komuro; Netherlands, Monsieur F. M. Knobel; Russia, Monsieur Michael

de Giers; and the Plenipotentaries of China, His Highness Yi-K’uang, Prince of the

first rank; Ch’ing, President of the Board of Foreign Affairs; and His Excellency

Li Hung-chang, Count of the first rank ; Su-Yi, Tutor of the Heir Apparent, Grand

Secretary of the 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 cf

China and of the Chinese Government at the assassination of His Excellency tha

late Baron von Ketteler, German Minister. Prince Chun left Peking the 12th of

July last to carry out the orders which had been given him.

Art. II.—The Chinese Government has stated that it will erect on the spot of

the assassination of H.E. the late Baron von Ketteler, a commemorative monument,

worthy of the rank of the deceased, and bearing an inscription in the Latin, German,

and Chinese languages, which shall express the regrets of H.M. the Emperor of

China for the murder committed.

The Chinese Plenipotentiaries have informed H.E. the German Plenipotentiary^

in a letter dated the 22nd of July last (Annex No. 3) that an arch of the whole

width of the street would be erected on the said spot, and that work on it was begun

on the 25th of June last.

Art. Ha.—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-ktio, were sentenced to be brought

before the Autumnal Court of Assize for execution and it was agreed that, if the

Emperor saw fit to grant them their lives, they should be exiled to Turkestan and

there imprisoned for life, without the possibility of commutation of these punishments.

Tsai Hsiin, Prince Chuang, Ying-Nien, President of the Court of Censors;

and Chao Shu-chiao, President of the Board of Punishments, were condemned to

commit suicide.

Yu Hsien, Governor of Shansi; Ch’i Hsiu, President of the Board of Rites; and

Hsii Ch’eng-yu, formerly senior Yice-President of the Board of Punishments, were

condemned to death.

Posthumous degradation was inflicted on K’ang Yi, Assistant Grand Secretary,

President of the Board of Works; Hsu T’ung, Grand Secretary ; and Li Ping-hfing,

former Governor-General of Szu-ch’uan.

FINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901 129

Imperial Edict of February 13th, 1901 (Annex No. 7), rehabilitated the

memories of Hsu Yung-yi, President of the Board of War; Li Shan, President of

tlie 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 andHsii

Ch’eng-yii on the 26th, Tung Fu-hsiang, General in Kansu, has been deprived of

his office by Imperial Edict of the 13th of February, 1901, pending the determination,

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.

Art. 116.—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

in each of the foreign or international cemeteries which were desecrated or in which

the tombs were destroyed.

It has been agreed with the Representatives of the Powers that the Legations-

interested shall settle the details for the erection of these monuments, China bearing,

all the expenses thereof , estimated at ten thousand Taels for the cemeteries at Peking

and in its neighbourhood, and at five thousand Taels for cemeteries in the Provinces..

The amounts have been paid and the list of these cemeteries is enclosed herewith

(Annex No. 10).

Art. V.—China has agreed to prohibit the importation into its territory of arms

and ammunition as well as of materials exclusively used for the manufacture of arms

and ammunition.

An Imperial Edict has been issued on the 25th of August, 1901 (Annex No. 11)

forbidding said importation for a term of two years. New Edicts may be issued

subsequently extending this by other successive terms of two years in case of

necessity recognised by the Powers.

Art. VI.—By an Imperial Edict dated the 22nd of May, 1901 (Annex No. 12),.

H.M. the Emperor of China agreed to pay the Powers an indemnity of four hundred

and fifty millions of Haikwan Taels.

This sum represents the total amount of the indemnities for States, Companies,

or Societies, private individuals and Chinese referred to in Article VI. of the Note of

December 22nd, 1900.

(a) These four hundred and fifty millions constitute a gold debt calculated

at the rate of the Haikwan Tael to the gold currency of each country

as indicated below:—

Haikwan Tael—Mark 3.055

Austro-Hungary crown 3.595

Gold dollar 0.742

Franc 3.740

Pound sterling ^80. 3s. Od.

Yen 1.407

Netherlands florin 1.796

Gold rouble 1.412

5

130 FINAL PEOTOCOL BETWEEN CHINA AND ELEVEN POWEES, 1901

This sum in gold shall hear interest at 4 per cent, per annum, and the

capital shall be reimbursed by China in thirty-nine years in the

manner indicated in the annexed plan of amortization (Annex No.

13). Capital and interest shall be payable in gold or at the rates of

exchange corresponding to the dates at which the different payments

shall fall due.

The amortization shall commence the 1st of January, 1902, and shall finish

at the end of the year 1940. The amortizations are payable annually,

the first payment being fixed on the first of January, 1903.

Interest shall run from the first of July, 1901, but the Chinese Government

shall have the right to pay off within a term of three years, beginning

January, 1902, the arrears of the first six months ending the 31st of

December, 1901, on condition, however, that it pays compound interest

at the rate of four per cent, per annum on the sums, the payments of

which shall have been thus deferred.

Interest shall be payable semi-annually, the first payment being fixed on

the 1st of July, 1902,

(b) The service of the debt shall take place in Shanghai in the following

manner:—

Each Power shall be represented by a delegate on a commission of bankers

authorised to receive the amount of interest and amortization which

shall be paid to it by the Chinese Authorities designated for that

purpose, to divide it among the interested parties and to give a receipt

for the same.

■(c) The Chinese Government shall deliver to the Doyen of the Diplomatic

Corps at Peking a bond for the lump sum, which shall subsequently be

converted into fractional bonds bearing the signature of the delegates

of the Chinese Government designated for that purpose. This

operation and all those relating to issuing of the bonds shall be

performed by the above-mentioned Commission, in accordance with

the instructions which the Powers shall send their delegates.

(d) The proceeds of the revenues assigned to the payment of the bonds

shall be paid monthly to the Commission.

(e) The revenues assigned as security for the bonds are the following:—

(1.) The balance of the revenues of the Imperial Maritime Customs after

payment of the interest and amortization of preceding loans secured on those

revenues, plus the proceeds of the raising to five per cent, effective of the

present tariff on maritime imports, including articles until now on the free

list, but exempting rice, foreign cereals and flour, gold and silver bullion

and coin.

(2.) The revenues of the native Customs, administered in the open ports by

the Imperial Maritime Customs.

(3.) The total revenues of the Salt Gabelle, exclusive of the fraction previously

set aside for other foreign loans.

The raising of the present tariff on imports to five per cent, effective is

agreed to on conditions mentioned below. It shall be put in force two

months after the signing of the present Protocol, and no exceptions shall be

made except for merchandise in transit not more than ten days after 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 taten as the basis for the

valuation of merchandise.

FINAL PROTOCOL BETWEEN CHINA AND ELEVEN POWERS, 1901 131

Pending the result of the work of conversion, duties shall be levied;

ad valorem.

(2,) The beds of the rivers Whangpoo and Peiho shall be improved with the

financial participation of China.

Art. VII.—The Chinese Government has agreed that the quarter occupied by

the Legations shall be considered as one specially reserved for their use and placed

under their exclusive control, in which Chinese shall not have the right to reside and

which may be made defensible.

The limits of this quarter have been fixed as follows on the annexed plan (Annex

No. 14.)—

On the East, Ketteler Street (10, 11, 12).

On the North, the line 5, 6, 7, 8, 9, 10.

On the West, the line 1, 2, 3, 4, 5.

On the South, the line 12-1 drawn along the exterior base of the-

Tartar wall and following the line of the bastions.

In the Protocol annexed to the letter of the 16th of January, 1901, China

recognised the right of each Power to maintain a permanent guard in the said quarter

for the defence of its Legation.

Art. VIII.—-The Chinese Government has consented to raze the forts of Taku

and those which might impede free communication between Peking and the sea. Steps-

have been taken for carrying this out.

Art. IX.—The Chinese Government conceded the right to the Powers in the

Protocol annexed to the letter of the 16th of January, 1901, to occupy certain points,,

to be determined by an agreement between them for the maintenance of open com-

munication between the capital and the sea. The points occupied by the Powers

are:—Huang-ts’un, Lang-fang, Yang-ts’un, Tientsin, Chiin-liang-Ch’&ng, Tong-ku,.

Lu-t’ai, Tong-shan, Lan-chou, Chang-li, Ch’in-wang Tao, Shanhai-kwan.

Art. X.—The Chinese Government has agreed to post and to have published;

during two years in all district cities the following Imperial Edicts:—

(а) Edict of the 1st of February, 1901 (Annex No. 15), prohibiting for-

ever, under pain of death, membership in an anti-foreign society.

(б) Edicts of the 13th and 21st of February, 29th of April and 19th of

August, 1901, enumerating the punishments inflicted on the guilty.

(c) Edict of the 19th of August, 1901, prohibiting examinations in all cities-

where foreigners were massacred or subjected to cruel treatment.

(d) Edict of the 1st of February, 1901 (Annex No. 16), declaring all

Governors-General,Governors and Provincial or local officials responsible-

for order in their respective districts, and that in case of new anti-foreign

troubles or other infractions of the Treaties which shall not be immedi-

ately repressed and the authors of which shall not have been punished,

these officials shall be immediately dismissed without possibility of

being given new functions or new honours.

The posting of these Edicts is being carried on throughout the Empire.

Art. XI.—The Chinese Government has agreed to negotiate the amendments-

deemed necessary by the Foreign Governments to the Treaties of Commerce and

Navigation and the other subjects concerning commercial relations with the object of

facilitating them.

At present, and as a result of the stipulation contained in Article VI. concern-

ing the indemnity, the Chinese Government agrees to assist in the improvement of

the courses of the rivers Peiho and Whangpoo, as stated below;—

(a) The works for the improvement of the navigability of the Peiho, begun

in 1898 with the co-operation of the Chinese Government, have been

resumed under the direction of an International Commission. As soon

as the administration of Tientsin shall have been handed back to the

Chinese Government it will be in a position to be represented on this

5*

132 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. von Mumm.

„ M. CziKANN.

„ JoOSTENS.

„ B. J. DE COLOGAN.

„ W. W. Rockhill.

„ Beau.

„ Ernest Satow.

„ Salvago Raggi.

„ JUTARO KoMURA.

„ F. M. Knobel.

„ M. DE Giers.

„ Yi K’uang.

„ Lx Hung-chang.

Certified copy.

(Signed) A. d’Anthouard.

„ B. Kroupensky.

„ Reginald Tower.

„ Von Bohlenund Halback.

GERMANY

TREATY OF PEACE BETWEEN CHINA AND GERMANY

Ratified and Signed at Peking on the 1st July, 1921

The Government of the Republic of China and the Government of the Republic

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, H. von Borch, Consul-General.

Who, after having communicated to each other their full powers, which are

found to be in good and due form, have agreed upon the following dispositions:

Art. I.—The two High Contracting Parties have the right mutually to send

duly accredited diplomatic representatives who shall reciprocally enjoy in the country

of their residence the privileges and immunities that are accorded to them by the

law of nations.

Art. II.—The two High Contracting Parties accord to each other reciprocally

the right to appoint, in all the places where there is established a consulate or a vice-

•consulate of a third nation, consuls, vice-consuls, and consular agents who shall be

treated with the consideration and regard that are accorded to the agents of the same

grade of other nations.

Art. III.—The nationals of one of the two Republics residing in the territory

■of the other shall have the right, in conformity with the laws and regulations of the

country, to travel, to reside, and to engage in commerce or industry, in all the

places where the nationals of another nation are allowed to do so.

They shall be placed, their persons as well as their properties, under the juris-

diction of the local courts: they shall conform themselves to the laws of the country

where they reside. They shall not pay any imposts, taxes, or contributions higher

than those paid by the nationals of the country.

Art. IV.—The two High Contracting Parties recognize that all the matters

concerning tariff are regulated solely by the internal legislation of each of them.

Any duties higher than those paid by the nationals of the country shall not, however,

be levied on the products, raw or manufactured, having origin in one of the two

Republics or in a third country at their importations, exportations, or transit.

Art. V.—The Declaration of the Republic of Germany on this day and the

stipulations of the present Agreement shall be taken as the basis for the negotiation

of a definitive treaty.

Art. 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 A fairs, China.

(Signed) H. von Borch,

Representative of the German Government.

134 TREATY OF PEACE BETWEEN" CHINA AND GERMANY

Declaration

The undersigned, being the duly authorized representative of the Grovernment

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

re-establish the relations of friendship and commerce between China and Germany,

Considering that such relations should be based upon the principles of perfect

equality and absolute reciprocity in conformity with the generally recognized rules of

international law;

Considering that the President of the Republic of China issued a Mandate on

September 15th, 1919, concerning the restoration of peace with Germany;

Considering that Germany engages herself to fulfil the obligations towards

China, derived from Articles 128 to 134 (inclusive) of the Treaty of Versailles,

dated June 28th, 1919, and coming into force on January 10th, 1920;

Affirms that Germany has been obliged by the events of the War and by the

Treaty of Versailles to renounce all the rights, interests, and privileges which she

acquired by virtue of the Treaty concluded by her with China on March 6th, 1898,

and other Acts concerning the Province of Shantung, and finds herself deprived

of the possibility of restituting them to China;

And formally declares:

To consent to the abrogation of the consular jurisdiction in China.

To renounce, in favour of China, ail 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 prom Dr. W. W. Yen, Minister op Foreion 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 135

to pay in advance a portion thereof in a lump sum, which represents the equivalent

; of one-half of the proceeds from the liquidated German property and one-half of the

values of the sequestrated but not yet liquidated German property, which amount

i 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 Your 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

undertakings of Germans in China and agrees not to further sequestrate their pro-

I perties except in accordance with the generally recognized principles of international

i 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

I assistance of German lawyers and interpreters, who have been duly recognized by

4he 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-

ceming 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-

I 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-

j 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

1 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,

f 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. Yew.

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 be 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 tliat all Treaties, Agreements,

etcetera, concluded between China and any third party or parties affecting the

sovereign rights or interests of the Union of Soviet Socialist Republics are null and

void.

JRUSSO-CHINESE AGKEEMENT 137

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

capital, of the Chinese Eastern Railway, as well as all appurtenant properties,

and to the transfer to China of all shares and bonds of the said Railway.

(3) The Governments of the two Contracting Parties shall settle at the

Conference as provided in Article II. of the present Agreement the amount

and conditions governing the redemption as well as the procedure for the

transfer of the Chinese Eastern Railway.

(4) The Government of the Union of Soviet Socialist Republics agrees to be

responsible for the entire claims of the shareholders, bondholders and creditors

of the Chinese Eastern Railway incurred prior to the Revolution of March 9th,

1917.

138 KUSSO-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 Parities, agree to draw up

simultaneously with the conclusion of a Commercial Treaty at the Conference, as

provided in Article II. of the present Agreement, a Customs Tariff for the two

Contracting Parties in accordance with the principles of equality and reciprocity.

Art. XIV.—The Governments of the two Contracting Parties agree to discuss

at the afore-mentioned Conference the questions relating to the claims for the com-

pensation of losses.

Art. XV.—The present Agreement shall come into effect from the date of

signature.

In witness whereof, the respective Plenipotentiaries have signed the present

Agreement in duplicate in the English language and have affixed thereto their seals.

Done at the City of Peking this fourteenth day of March, One Thousand Nine

Hundred and Twenty-four.

(Signed) Lov Mikhailovitch Kaeakhan.

Chingting Thomas Wang.

KOREA

TREATY OF ANNEXATION TO JAPAN

Concluded 29th August, 1910

DECLARATION

Notwithstanding the earnest and laborious work of reforms in the adminis-

tration of Korea in which the Grovernment of Japan and Korea have been engaged for

more than four years since the conclusion of the agreement of 1905, the existing

system of Government in that country has not proved entirely equal to the duty

of preserving public order and tranquillity, and in addition a spirit of suspicion and

misgiving dominates the whole peninsula. In order to maintain peace and stability

in Korea, to promote the prosperity and welfare of Koreans and at the same time to

ensure the safety and repose of foreign residents, it has been made abundantly

clear that fundamental changes in the actual regime of Government are absolutely

essential. The Government of Japan and Korea being convinced of the urgent

necessity of introducing reforms respective to the requirements of the situation and

of furnishing sufficient guarantees for the future, have, with the approval of His

Majesty the Emperor of Korea, concluded through their respective Plenipotentiaries

a Treaty providing for the complete annexation of Korea to the Empire of Japan.

By virtue of that important act, which shall take effect on its promulgation, the

Imperial Government of Japan undertake the entire government and administration

of Korea, and they hereby declare that the matters relating to foreigners and foreign

trade in Korea shall be conducted in accordance with the following rules:—

1. —The Treaties hitherto concluded by Korea with Foreign Powers c

operative, Japan’s existing treaties will, so far as practicable, be applied in Korea.

Foreigners resident in Korea will, as far as conditions permit, enjoy the same rights

and immunities as in Japan proper and the protection of their legally acquired

rights, subject in all cases to the jurisdiction of Japan. The Imperial Government

of Japan are ready to consent that the jurisdiction in respect of cases actually pend-

ing in any foreign Consular Courts in Korea at the time the Treaty of Annexation

takes effect shall remain in such Courts until final decision.

2. —Independently of any conventional engagements formerly exis

subject, the Imperial Government of Japan will for a period of ten years levy upon

goods imported into Korea from foreign countries or exported from Korea to foreign

countries and upon foreign vessels entering any of the open ports of Korea the same

import or export duties and the same tonnage dues as under the existing schedules.

The same import or export duties and tonnage dues as those to be levied upon the

aforesaid goods and vessels will also for a period of ten years be applied in respect

of goods imported into Korea from Japan or exported from Korea to Japan and

Japanese vessels.

3. —The Imperial Government of Japan will also permit for a per

years vessels under the flags of Powers having treaties with Japan to engage in the

coasting trade between the open ports of Korea and between those ports and any

open ports of Japan.

140 TREATY OP ANNEXATION TO JAPAN

4.—The existing open ports of Korea, with the exception of Masampo, will be

continued as open ports, and in addition Shinwiju will be newly opened, so that

vessels, foreign as well as Japanese, will there be admitted and goods may be im-

ported into and exported from those ports.

Treaty

His Majesty the Emperor of Japan and His Majesty the Emperor of Korea,

having in view the special and close relations between their respective countries,

desiring to promote the common weal of the two nations and to assure permanent

peace in the Extreme East, being convinced that these objects can be best attained

by the annexation of Korea to the Empire of Japan, have resolved to conclude a

treaty of such annexation and have for that purpose appointed as their plenipoten-

tiaries, that is to say: His Majesty the Emperor of Japan, Viscount Masakata

Terauchi, His Resident General; and His Majesty the Emperor of Korea, Ye Wan

Yong, His Minister President of State, who, upon mutual conference and deliberation,

have agreed to the following Articles :—

I. —His Majesty the Emperor of Korea makes comple

to His Majesty the Emperor of Japan of all rights of sovereignty over the whole

of Korea.

II. —His Majesty the Emperor of Japan accepts the

preceding Article and consents to the complete annexation of Korea to the Empire

of Japan.

III. —His Majesty the Emperor of Japan will a

Emperor and Ex-Emperor and His Imperial Highness the Crown Prince of Korea

and their consorts and heirs such titles, dignity and honour as are appropriate to

their respective ranks, and sufficient annual grants will be made for the maintenance

of such titles, dignity and honour.

IV. —His Majesty the Emperor of Japan will also ac

treatment to the members of the Imperial House of Korea and their heirs other than

those mentioned in the preceding Articles, and the funds necessary for the mainten-

ance of such honour and treatment will be granted.

V. —His Majesty the .Emperor of Japan will conf

grants upon those Koreans who on account of meritorious services are regarded as

deserving such special recognition.

VI. —In consequence of the aforesaid annexation

sume the entire government and administration of Korea and undertake to afford full

protection for the persons and property of Koreans obeying the laws there in force

and to promote the welfare of all such Koreans.

VII. —The Government of Japan will, so far as c

the public service of Japan in Korea those Koreans who accept the new regime loyally

and in good faith and who are duly qualified for such service.

VIII. —The Treaty, having been approved by H

and His Majesty the Emperor or Korea, shall take effect from the date of its

promulgation.

REGULATIONS UNDER WHICH BRITISH TRADE IS

TO BE CONDUCTED IN KOREA (CHOSEN)

I.—Entrance and Clearance of Vessels

].—Within forty-eight hours (exclusive of Sundays and holidays) after the

arrival of a British ship in a Korean port, the master shall deliver to the Korean

Customs authorities the receipt of the British Consul showing that he has deposited

the ship’s papers at the British Consulate, and he shall then make an entry of this

ship by handing in a written paper stating the name of the ship, of the port from

which she comes, of her master, the number, and, if required, the names of her

passengers, her tonnage, and the number of her crew, which paper shall be certified

by the master to be a true statement, and shall be signed by him. He shall, at the

same time, deposit a written manifest of his cargo, setting forth the marks and

numbers of the packages and their contents as they are described in the bills of

lading, with the names of the persons to whom they are consigned. The master shall

certify that this description is correct, and shall sign his name to the same. When

a vessel has been duly entered, the Customs authorities will issue a permit to open

hatches, which shall be exhibited to the Customs officer on board. Breaking bulk

without having obtained such permission will render the master liable to a fine not

exceeding one hundred Mexican Dollars.

2. —If any error is discovered in the manifest, it may be correct

four hours (exclusive of Sundays and holidays) of its being handed in, without the

payment of any fee ; but for alteration or post entry to the manifest made after

that time a fee of Five Mexican Dollars shall be paid.

3. —Any master who shall neglect to enter his vessel at the Kor

within the time fixed by this Regulation shall pay a penalty not exceeding Fifty

Mexican Dollars for every twenty-four hours that he shall so neglect to enter his ship.

4. —Any British vessel which remains in port for less than

(exclusive of Sundays and holidays) and does not open her hatches, also any vessel

driven into port by stress of weather, or only in want of supplies, shall not be required

to enter or pay tonnage dues so long as such vessel does not engage in trade.

L.—When the master of a vessel wishes to clear, he shall hand in to the Customs

authorities an export manifest containing similar particulars to those given in the

import manifest. The Customs authorities will then issue a clearance certificate and

return the Consul’s receipt for the ship’s papers. These documents must be handed

into the Consulate before the ship’s papers are returned to the master.

8.—Should any ship leave the port without clearing outwards in the manner

above prescribed, the master shall be liable to a penalty not exceeding Two Hundred

Mexican Dollars.

7.—British steamers may enter and clear on the same day, and they shall not be

required to hand in a manifest except for such goods as are to be landed or transhipped

at the port of entry.

142 REGULATIONS FOR BRITISH TRADE WITH KOREA

II.—Landing and Shipping Cargo and Payment of Duties

1. —The. importer of any goods who desires to land them sh

application to that effect at the Custom-house, stating his own name, the name of the

ship in which the goods have been imported, the marks, numbers, and contents of the

packages and their values, and declaring that this statement is correct. The Customs

authorities may demand the production of the invoice of each consignment of

merchandise. If it is not produced, or if its absence is not satisfactorily accounted for

the owner shall be allowed to land his goods on payment of double the Tariff duty,

but the surplus duty so levied shall be refunded on the production of the invoice.

2. —All goods so entered may be examined by the Custom

appointed for the purpose. Such examination shall be made without delay or injury

to the merchandise, and the packages shall be at once re-sorted by the Customs

authorities to their original condition, in so far as may be practicable.

3. —Should the Customs authorities consider the value of

ad valorem duty as declared by the importer or exporter insufficient, they shall call

upon him to pay duty on the value determined by an appraisement to be made by the

Customs appraiser. But should the importer or exporter be dissatisfied with that

appraisement, he shall within twenty-four hours (exclusive of Sundays and holidays)

state his reasons for such dissatisfaction to the Commissioner of Customs, and shall

appoint an appraiser of his own to make a re-appraisement. He shall then declare

the value of the goods as determined by such re-appraisement. The Commissioner

of Customs will thereupon, at his option, either assess the duty on the value deter-

mined by this re-appraisement, or will purchase the goods from the importer or

exporter at the price thus determined, with the addition of five per cent. In the

latter case the purchase money shall be paid to the importer or exporter within five

days from the date on which he has declared the value determined by his own

appraiser.

4. —Upon all goods damaged on the voyage of importa

duty shall be'allowed, proportionate to their deterioration. If any disputes arise as

to the amount of such reduction, they shall be settled in the manner pointed out in

the preceding clause.

5. —All goods intended to be exported shall be entered

house before they are shipped. The application to ship shall be made in writing, and

shall state the name of the vessel by which the goods are to be exported, the marks

and number of the packages, and the quantity, description, and value of the contents.

The exporter shall certify in writing that the application gives a true account of all

the goods contained therein, and shall sign his name thereto.

6. —No goods shall be landed or shipped at other places

Korean Customs authorities, or between the hours of sunset and sunrise, or on Sundays

or holidays, without the special permission of the Customs authorities, who will be

entitled to reasonable fees for the extra duty thus performed.

7. —Claims by importers or exporters for duties paid in e

authorities for duties which have not been fully paid, shall be entertained only when

made within thirty days from the date of payment.

8. —No entry will be required in the case of provisio

ships, their crews and passengers, nor for the baggage of the latter which may be

landed or shipped at any time after examination by the Customs officers.

9. —Vessels needing repairs may land their cargo for

payment of duty. All goods so landed shall remain in charge of the Korean Autho-

rities,

master. But if any portionforofstorage,

and all just charges labour,beand

such cargo sold,supervision

the duties shall

of thebeTariff

paid shall

by the

be

paid on the portion so disposed of.

REGULATIONS FOR BRITISH TRADE WITH KOREA 143

10.—Any person desiring to tranship cargo shall obtain a permit from the Customs

authorities before doing so.

III.—Protection of the Revenue

1. —The Customs authorities shall have the right to place Custom

board any British merchant vessel in their ports. All such Customs officers shall have

access to all parts of the ship in which cargo is stowed. They shall he treated with

civility, and such reasonable accommodation shall be allowed to them as the ship affords.

2. —The hatches and all other places of entrance into that part of th

cargo is stowed may be secured by the Korean Customs officers between the hours of

sunset and sunrise, and on Sundays and holidays, by affixing seals, locks, or other

fastenings, and if any person shall, without due permission, wilfully open any entrance

that has been so secured, or break any seal, lock, or other fastening that has been

affixed by the Korean Customs officers, not only the person so offending, but the master

of the ship, also, shall be liable to a penalty not exceeding One Hundred Mexican

Dollars.

3. —Any British subject who ships, or attempts to ship, or discharge

to discharge, goods which have not been duly entered at the Custom-house in the

manner above provided, or packages containing goods different from those described

in the import or export permit application, or prohibited goods, shall forfeit twice

the value of such goods, and the goods shall be confiscated.

4. —Any person signing a false declaration or certificate with the in

the revenue of Korea shall be liable to a. fine not exceeding Two Hundred Mexican

Dollars.

5. —Any violation of any provision of these Regulations, to which

specially attached therein, may be punished by a fine not exceeding One Hundred

Mexican Dollars.

Note.—All documents required by these Regulations, and all other communications

addressed to the Korean Customs authorities, may be written in the English language.

[l.s.] Harry S. Parkes.

Min Yong-mok.

TREATIES WITH JAPAN

GREAT BRITAIN

TREATY OE COMMERCE AND NAVIGATION BETWEEN

GREAT BRITAIN AND JAPAN

Signed at London, 16th July, 1894

Ratifications Exchanged at Tokyo, 25th August, 1894

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

Empress of India, and His Majesty the Emperor of Japan, being equally desirous

of maintaining the relations of good understanding which happily exist between

them, by extending and increasing the intercourse between their respective States,

and being convinced that this object cannot better be accomplished than by revising

the Treaties hitherto existing between the two countries, have resolved to complete

such a revision, based upon principles of equity and mutual benefit, and, for that

purpose, have named as their Plenipotentiaries, that is to say :—

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

Empress of India, the Eight Honourable John, Earl of Kimberley, Knight of the

Most Noble Order of the Garter, etc., etc., Her Britannic Majesty’s Secretary of

State for Foreign Affairs ;

And His Majesty the Emperor of Japan, Viscount Aoki Siuzo, Junii, First Class

of the Imperial Order of the Sacred Treasure, His Majesty’s Envoy Extraordinary

and Minister Plenipotentiary at the Court of St. James’ ;

Who, after having communicated to each other their full powers, found to be

in good and due form, have agreed upon and concluded the following Articles :—

Article I.—The subjects of each of the two high contracting parties shall have

full liberty to enter, travel, or reside in any part of the dominions and possessions

of the other contracting party, and shall enjoy full and perfect protection for their

persons and property.

They shall have free and easy access to the Courts of Justice in pursuit and

defence of their rights; they shall be at liberty equally with native subjects to

choose and employ lawyers, advocates, and representatives to pursue and defend

their rights before such Courts, and in all other matters connected with the

administration of justice they shall enjoy all the rights and privileges enjoyed by

native subjects.

In whatever relates to rights of residence and travel; to the possession of goods

and effects

and of any ofkind;

the disposal to theofsuccession

property any sort into any

personal

mannerestate, by willwhich

whatsoever or otherwise,

they may

lawfully acquire, the subjects of each contracting party shall enjoy in the dominions

and. possessions of the other the same privileges, liberties, and rights, and shall be

subject to no higher imposts, or charges in these respects than native subjects, or

subjects or citizens of the most favoured nation. The subjects of each of the

contracting parties shall enjoy in the dominions and possessions of the other entire

liberty of conscience, and, subject to the Laws, Ordinances, and Regulations, shall

6ajoy the right of private or public exercise of their worship, and also the right of

burying their respective countrymen, according to their religious customs, in such

suitable and convenient places as may be established and maintained for that purpose.

They shall not be compelled, under any pretext whatsoever, to pay any charges

or taxes other or high than those that are, or may be, paid by native subjects, or

subjects or citizens of most favoured nation.

TEEATY BETWEEN GREAT BEITAIN AND JAPAN 145

Article II.—The subjects of either of the contracting parties residing in the

dominions and possessions of the other shall be exempted from all compulsory

military service whatsoever, whether in the army, navy, national guards, or militia,

from all contributions imposed in lieu of personal service; and from all forced loan

or military exactions or contributions.

Article III.—There shall be reciprocal freedom of commerce and navigation

'between the dominions and possessions of the two high contracting parties.

The subjects of each of the high contracting parties may trade in any part of

The dominions and possessions of the other by wholesale or retail in all kinds of

produce, manufactures, and merchandise of lawful commerce, either in person or by

agents, singly, or in partnership with foreigners or native subjects: and they may

there own or hire and occupy the houses, manufactories, warehouses, shops, and

.premises which may be necessary for them, and lease land for residential and

^commercial purposes, conforming themselves to the Laws, Police, and Customs

'Regulations of the country like native subjects.

They shall have liberty to come with their ships and cargoes to all places, ports,

and rivers in the dominions and possessions of the other which are or may be

opened to foreign commerce, and shall enjoy, respectively, the same treatment, in

matters of commerce and navigation, as native subjects, or subjects or citizens of the

most favoured nation, without having to pay taxes, imposts, or duties, of whatever

nature or under whatever denomination levied in the name or for the profit of

the Government, public functionaries, private individuals, corporations, or establish-

ments of any kind, other or greater than those paid by native subjects, or subjects

or citizens of the most favoured nation, subject always to the Laws, Ordinances, and

Regulations of each country.

Article TV. — The dwellings, manufactories, warehouses, and shops of the

subjects of each of the high contracting parties in the dominions and possessions

of the other, and all premises appertaining thereto destined for purposes of residence

or commerce, shall be respected.

It shall not be allowable to proceed to make a search of, or a domiciliary visit to,

such dwellings and premises, or to examine or inspect books, papers, or accounts

except under the conditions and with the forms prescribed by the Laws, Ordinances,

and Regulations for subjects of the country.

Article Y.—No other or higher duties shall be imposed on the importation into

the dominions and possessions of Her Britannic Majesty of any article, the produce

or manufacture of dominions and possessions of His Majesty the Emperor of Japan,

from whatever place arriving; and no other or higher duties shall be imposed on the

importation into the dominions and possessions of His Majesty the Emperor of

Japan of any article, the produce or manufacture of the dominions and possessions

of Her Britannic Majesty, from whatever place arriving than on the like article

^produced or manufactured in any other foreign country; nor shall any prohibition

be maintained or imposed on the importation of any article, the produce or

manufacture of the dominions and possessions of either of the high contracting

parties, into the dominions and possessions of the other, from whatever place

arriving, which shall not equally extend to the importation of the like article, being

The produce or manufacture of any other country. This last provision is not applicable

to the sanitary and other prohibitions occasioned by the necessity of protecting the

-safety of persons, or of cattle, or of plants useful to agriculture.

Article YI.—No other or higher duties or charges shall be imposed in the

dominions and possessions of either of the high contracting parties on the exporta-

tion of any article to the dominions and possessions of the other than such as are,

or may be, payable on the exportation of the like article to any other foreign

country; nor shall any prohibition be imposed on the exportation of any article from

the dominions and possessions of either of the two contracting parties to the

dominions and possessions of the other which shall not equally extend to the

exportation of the like article to any other country.

Article VII.—The subjects of each of the high contracting parties shall enjoy

146 TREATY BETWEEN GREAT BRITAIN AND JAPAN

in the dominions and possessions of the other exemptions from all transit duties-

and a perfect equality of treatment with native subjects in all that relates to-

warehousing, bounties, facilities, and drawbacks.

Article YIIl.—All articles which are or may be legally imported into the ports-

of the dominions and possessions of His Majesty the Emperor of Japan in Japanese-

vessels may likewise be imported into those ports in British vessels, without being

liable to any other or higher duties or charges of whatever denomination than if such-

articles were imported in Japanese vessels; and, reciprocally, all articles which are or

may be legally imported into the ports of the dominions and possessions of Her

Britannic Majesty in British vessels may likewise be imported into those ports in

Japanese vesssels, without being liable to any other or higher duties or charges of

whatever denomination than if such articles were imported in British vessels. Such

reciprocal equality of treatment shall take effect without distinction, whether such

articles come directly from the place of origin or from any other places.

In the same manner there shall be perfect equality of treatment in regard to-

exportation, so that the same export duties shall be paid and the same bounties and

drawbacks allowed in the dominions and possessions of either of the high contract-

ing parties on the exportation of any article which is or may be legally exported,

therefrom, whether such exportation shall take place in Japanese or in British

vessels, and whatever may be the place of destination, whether a part of either or

the contracting parties or of any third Power.

Article IX.—Ho duties of tonnage, harbour, pilotage, lighthouse, quarantine^

or other similar or corresponding duties of whatever nature or under whatever

denomination, levied in the name or for the profits of the Government, public

functionaries, private individuals, corporations, or establishments of any kind, shall

be imposed in the ports of the dominions and possessions of either country upon the

vessels of the other country which shall not equally and under the same conditions

be imposed in the like cases on national vessels in general, or vessels of the most

favoured nation. Such equality of treatment shall apply reciprocally to the

respective vessels, from whatever port or place they may arrive, and whatever may

be their place of destination.

Article X.—In all that regards the stationing, loading, and unloading of vessels-

in the ports, basins, docks, roadsteads, harbours, or rivers of the dominions and

possessions of the two countries, no privilege shall be granted to national vessels

which shall not be equally granted to vessels of the other country; the intention of

the high contracting parties being that in this respect also the respective vessels

shall be treated on the footing of perfect equality.

Article XI.—The coasting trade of both the high contracting parties is

excepted from the provisions of the present Treaty, and shall be regulated according

to the Laws, Ordinances, and Regulations of Japan and of Great Britain respec-

tively. It is, however, understood that Japanese subjects in the dominions and

possessions of Her Britannic Majesty and British subjects in the dominions and

possessions of His Majesty the Emperor of Japan shall enjoy in this respect the

rights which are or may be granted under such Laws, Ordinances, and Regulations

to the subjects or citizens of any other country.

A Japanese vessel laden in a foreign country with cargo destined for two or

more ports in the dominions and possessions of Her Britannic Majesty and a British

vessel laden in a foreign country with cargo destined for two or more ports in the

dominions and possessions of His Majesty the Emperor of Japan may discharge a

portion of her cargo at one port, and continue her voyage to the other port or ports

of destination where foreign trade is permitted, for the purpose of landing the

remainder of her original cargo there, subject always to the Laws and Custom-

house Regulations of the two countries.

The Japanese Government, however, agrees to allow British vessels to continue^

■ asbetween

heretofore, for the open

the existing periodports

of theof the

duration of the

Empire, presenttoTreaty,

excepting or fromto the

carryports

cargoof

Osaka, Niigata, and Ebisu-minato.

TEEAT Y BETWEEN GREAT BRITAIN AND JAPAN 147

Article XII.—Any ship of war or merchant vessel of either of the high

•contracting parties which may be compelled by stress of weather, or by reason of

any other distress, to take shelter in a port of the other, shall be at liberty to refit

therein, to procure all necessary supplies, and to put to sea again, without paying

any dues other than such as would be payable by national vessels. In case, how-

ever, the master of a merchant vessel should be under the necessity of disposing of

a part of his cargo in order to defray the expenses, he shall be bound to conform to

the Regulations and Tariffs of the place to which he may have come.

If any ship of war or merchant vessel of one of the contracting parties should

run aground or be wrecked upon the coast of the other, the local authorities shall

inform the Consul-General, Consul, Vice-Consul, or Consular Agent of the district

of the occurrence, or, if there be no such Consular officer, they shall inform the

■Consul-General, Consul, Vice-Consul, or Consular Agent of the nearest district.

All proceedings relative to the salvage of Japanese vessels wrecked or cast on

shore in the territorial waters of Her Britannic Majesty shall take place in accordance

with the Laws, Ordinances, and Regulations of Great Britain, and, reciprocally, all

measures of salvage relative to British vessels wrecked or cast on shore in the

territorial waters of His Majesty the Emperor of Japan shall take place in accordance

with the Laws, Ordinances, and Regulations of Japan.

Such stranded or wrecked ship or vessel, and all parts thereof, and all furniture,

and appurtenances belonging thereunto, and all goods and merchandise saved

therefrom, including those which may have been cast into the sea, or the proceeds

thereof, if sold, as well as all papers found on board such stranded or wrecked ship

•or vessel, shall be given up to the owners or their agents, when claimed by them.

If such owners or agents are not on the spot, the same shall be delivered to the

respective Consuls-General, Consuls, Vice-Consuls, or Consular Agents upon being

claimed by them within the period fixed by the laws of the country, and such

•Consular officers, owners, or agents shall pay only the expenses incurred in the

preservation of the property, together with the salvage or other expenses which

would have been payable in the case of a wreck of a national vessel.

The goods and merchandise saved from the wreck shall be exempt from all the

duties of Customs unless cleared for consumption, in which case they shall pay the

ordinary duties.

When a ship or vessel belonging to the subjects of one of the contracting

parties is stranded or wrecked in the territories of the other, the respective Consuls-

General, Consuls, Vice-Consuls, and Consular Agents shall be authorized, in case

the owner or master, or other agent of the owner, is not present, to lend their official

assistance in order to afford the necessary assistance to the subjects of the respective

States. The same rule shall apply in case the owner, master, or other agent is

present, but requires such assistance to be given.

Article XIII.—All vessels which, according to Japanese law, are to be deemed

Japanese vessels, and all vessels which, according to British law, are to be deemed

British vessels, shall, for the purposes of this Treaty, be deemed Japanese and

British vessels respectively.

Article XIV.—The Consuls-General, Consuls, Vice-Consuls, and Consular Agents

of each of the contracting parties, residing in the dominions and possessions of the

•other, shall receive from the local authorities such assistance as can by law be given

to them for the recovery of deserters from the vessels of their respective countries.

It is understood that this stipulation shall not apply to the subjects of the

country where the desertion takes place.

Article XV.—The high contracting parties agree that, in all that concerns

commerce and navigation, any privilege, favour, or immunity which either contract-

ing party has actually granted, or may hereafter grant to the Government, ships,

subjects, or citizens of any other State, shall be extended immediately and uncondi-

tionally to the Government, ships, subjects, or citizens of the other contracting

party, it being their intention that the trade and navigation of each country shall

•be placed, in all respects, by the other on the footing of the most favoured nation.

/

148 TREATY BETWEEN GREAT BRITAIN AND JAPAN

Article XVI.—Each of the high contracting parties may appoint Oonsuls-

General, Consuls, Vice-Consuls. Pro-Consuls, and Consular Agents in all the ports,,

cities, and places of the other, except in those where it may not he convenient to

recognize such officers.

This exception, however, shall not be made in regard to one of the contracting

parties without being made likewise in regard to every other Power.

The Consuls-General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents

may exercise all functions, and shall enjoy all privileges, exemptions, and immunities-

which are or may hereafter be granted to Consular officers of the most favoured nation.

Article XVII.—The subjects of each of the high contracting parties shall

enjoy in the dominions and possessions of the other the same protection as native

subjects in regard to patents, trade marks, and designs, upon fulfilment of the-

formalities prescribed by law.

* Article XVIII.—Her Britannic Majesty’s Government, so far as they are

concerned, give their consent to the following arrangement:—

The several foreign Settlements in Japan shall be incorporated with the

respective Japanese Communes, and shall thenceforth form part of the general

municipal system of Japan.

The competent Japanese authorities shall thereupon assume all municipal obliga-

tions and duties in respect thereof, and the common funds and property, if any, be-

longing to such Settlements, shall at the same time be transferred to the said Japanese-

authorities.

When such incorporation takes place existing leases in perpetuity under which

property is now held in the said Settlements shall be confirmed, and no conditions

whatsoever other than those contained in such existing leases shall be imposed in

respect of such property. It is, however, understood that the Consular authorities

mentioned in the same are in all cases to be replaced by the Japanese authorities.

All lands which may previously have been granted by the Japanese Government

free of rent for the public purposes of the said Settlements shall, subject to the

right of eminent domain, be permanently reserved free of all taxes and charges for

the public purposes for which they were originally set apart.

Article XIX.—The stipulations of the present Treaty shall be applicable, so

far as the laws permit, to all the Colonies and foreign possessions of Her Britannic

Majesty, excepting to those hereinafter named, that is to say, except to—

India. South Australia. Queensland. New South Wales

The Cape. fThe Dominion of Canada. Western Australia. Tasmania.

Victoria. Natal. Newfoundland. New Zealand.

Provided always that the stipulations of the present Treaty shall be made

applicable to any of the above-named Colonies or foreign possessions on whose behalf

notice to that effect shall have been given to the Japanese Government by Her

Britannic Majesty’s ftepresentative at Tokyo within two years from the date of the

exchange of ratifications of the present Treaty.

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TREATY BETWEEN GREAT BRITAIN AND JAPAN 149'

Article XX.—The present Treaty shall, from the date it comes into force, be

substituted in place of the Conventions respectively of the 23rd day of the 8th

month of the 7th year of Kayai, corresponding to the 14th day of October, 1854,

and of the 13th day of the 5th month of the 2nd year of Keiou, corresponding to

the 25th day of June, 1866, the Treaty of the 18th day of the 7th month of the 5th

year of Ansei, corresponding to the 26th day of August, 1858, and all Arrangements

and Agreements subsidiary thereto concluded or existing between the high con-

tracting parties; and from the same date such Conventions, Treaty, Arrangements

and Agreements shall cease to be binding, and, in consequence, the jurisdiction

then exercised by British Courts in Japan, and all the exceptional privileges, exemp-

tions, and immunities then enjoyed by British subjects, as a part of or appurtenant

to such jurisdiction, shall absolutely and without notice cease and determine, and

thereafter all such jurisdiction shall be assumed and exercised by Japanese Courts.

Article XXI.—The present Treaty shall not take effect until at least five years

after its signature. It shall come into force one year after His Imperial Japanese

Majesty’s Government shall have given notice to Her Britannic Majesty’s Govern-

ment of its wish to have the same brought into operation. Such notice may be given

at any time after the expiration of four years from the date hereof. The Treaty shall

remain in force for the period of twelve years from the date it goes into operation.

Either high contracting party shall have the right, at any time after eleven

vears shall have elapsed from the date this Treaty takes effect, to give notice to the

other of its intention to terminate the same, and at the expiration of twelve months

after such notice is given this Treaty shall wholly cease and determine.

Article XXII.—The present Treaty shall be ratified, and the ratifications thereof

shall be exchanged at Tokyo as soon as possible, and not later than six months from

the present date.

In witness whereof the respective Plenipotentiaries have signed the same and

have affixed thereto the seal of their arms.

Hone at London, in duplicate, this sixteenth day of the seventh month of the

twenty-seventh year of Meiji.

[l.s.] Kimberley.

„ Aoki.

Protocol

The Government of Her Majesty the Queen of Great Britain and Ireland and

Empress of India, and the Government of His Majesty the Emperor of Japan, deeming

it advisable in the interests of both countries to regulate certain special matters of

mutual concern, apart from the Treaty of Commerce and Navigation signed this day,

have, through their respective Plenipotentiaries, agreed upon the following stipula-

tions :—

1.—It is agreed by the contracting parties that one month after the exchange

of the ratifications of the Treaty of Commerce and Navigation signed this day, the

Import Tariff hereunto annexed shall, subject to the provisions of Article XXIII. of

the Treaty of 1858 at present subsisting between the contracting parties, as long

as the said Treaty remains in force and thereafter, subject to the provisions of

Articles V. and XV. of the Treaty signed this day, be applicable to the Articles

therein enumerated, being the growth, produce, or manufacture of the dominions

and possessions of Her Britannic Majesty, upon importation into Japan. But

nothing contained in this Protocol, or the Tariff hereunto annexed, shall be held to

limit or qualify the right of the Japanese Government to restrict or to prohibit

the importation of adulterated drugs, medicines, food, or beverages, indecent or

obscene prints, paintings, books, cards, lithographic or other engravings, photographs,

or any other indecent or obscene articles; articles in violation of patent, trade-mark,

or copy-right laws of Japan, or any other article which for sanitary reasons, or ini

view of public security or morals, might offer any danger.

150 TREATY BETWEEN GREAT BRITAIN AND JAPAN

The ad valorem duties established by the said Tariff shall, so far as may be

deemed practicable, be converted into specific duties by a supplementary Convention,

which shall be concluded between the two Governments within six months from the

date of this Protocol; the medium prices, as shown by the Japanese Customs

Returns during the six calendar months preceding the date of the present Protocol,

with the addition of the cost of insurance and transportation from the place of

purchase, production or fabrication, to the port of discharge, as well as commission,

if any, shall be taken as the basis for such conversion. In the event of the

Supplementary Convention not having come into force at the expiration of the period

for the said Tariff to take effect, ad valorem duties in conformity with the rule

recited at the end of the said Tariff shall, in the meantime, be levied.

In respect of articles not enumerated in the said Tariff, the General Statutory

Tariff of Japan for the time being in force shall, from the same time, apply, subject,

as aforesaid, to the provisions of Article XXIII. of the Treaty of 1858 and Articles

V. and XY. of the Treaty signed this day, respectively.

From the date the Tariffs aforesaid take effect, the Import tariff now in opera-

tion in Japan in respect of goods and merchandise imported into Japan by British

subjects shall cease to be binding.

In all other respects the stipulations of the existing Treaties and Conventions

shall be maintained unconditionally until the time when the Treaty of Commerce

and Navigation signed this day comes into force.

2. —The Japanese Government, pending the opening of

subjects, agrees to extend the existing passport system in such a manner as to allow

British subjects, on the production of a certificate of recommendation from the

British Representative in Tokyo, or from any of Her Majesty’s Consuls at the open

ports in Japan, to obtain upon application passports available for any part of the

country, and for any period not exceeding twelve months, from the Imperial Japanese

Foreign Office in Tokyo, or from the chief authorities in the Prefecture in which an

open port is situated ; it being understood that the existing Rules and Regulations

governing British subjects who visit the interior of the Empire are to be maintained.

3. —The Japanese Government undertakes, before the

Consular jurisdiction in Japan, to join the International Conventions for the Pro-

tection of Industrial Property and Copyright.

4. —It is understood between the two high contracting

thinks it necessary at any time to levy an additional duty on the production or

manufacture of refined sugar in Japan, an increased customs duty equivalent in

amount may be levied on British refined sugar when imported into Japan, so long

as such additional excise tax or inland duty continues to be raised.

Provided always that British refined sugar shall in this respect be entitled to

the treatment accorded to refined sugar being the produce or manufacture of the

most favoured nation.

5. —The undersigned Plenipotentiaries have agreed that

submitted to the two high contracting parties at the same time as the Treaty of

Commerce and Navigation signed this day, and that when the said Treaty is ratified

the agreements contained in the Protocol shall also equally be considered as

approved, without the necessity of a further formal ratification.

It is agreed that this Protocol shall terminate at the same time the said Treaty

ceases to be binding.

In witness whereof the respective Plenipotentiaries have signed the same, and

have affixed thereto the seal of their arms.

Done at London, in duplicate, this sixteenth day of July, in the year of our

Lord one thousand eight hundred and ninety-four.

[L.S.] Kimbekley. [l.s.] Akoi.

CONVENTION BETWEEN THE UNITED KINGDOM AND

JAPAN EOR THE PROTECTION OE THE ESTATES

OE DECEASED PERSONS

Signed at Tokyo, April 26th, 1900

Ratifications exchanged at Tokyo, 25th October, 1900

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

Empress of India, and His Majesty the Emperor of Japan, being equally desirous

of maintaining the relations of good understanding which happily exist between

them by laying down rules for the protection of the estates of deceased persons,

have agreed to conclude a Convention, and for that purpose have named as their

respective Plenipotentiaries, that is to say.—Her Majesty the Queen of the United

Kingdom of Great Britain and Ireland, Empress of India, Sir Ernest Mason Satow,

Knight Commander of the Most Distinguished Order of St. Michael and St. George,

Her Britannic Majesty’s Envoy Extraordinary and Minister Plenipotentiary; and

His Majesty the Emperor of Japan, Viscount Aold Siuzo, Junu, First Class of the

Imperial Order of the Rising Sun, His Imperial Majesty’s Minister of State for

Foreign Affairs, who, having communicated to each other their respective full

powers, found in good and due form, have agreed upon the following Articles:—

Art. I.—Whenever a subject of one of the high contracting parties shall die

within the dominions of the other, and there shall be no person present at the time

of such death who shall be rightly entitled to administer the estate of such deceased

person, the following rules shall be observed:

1. When the deceased leaves, in the above-named circumstances, heirs of his

or her own nationality only, or who may be qualified to enjoy the civil status of

their father or mother, as the case may be, the Consul-General, Consul, Vice-Consul,

or Consular Agent of the country to which the deceased belonged, on giving notice

to the proper authorities, shall take possession and have custody of the property of

the said deceased, shall pay the expenses of the funeral, and retain the surplus for

the payment of his or her debts, and for the benefit of the heirs to whom it may

rightly belong.

But the said Consul-General, Consul, Vice-Consul or Consular Agent shall be

bound immediately to apply to the proper Court for letters of administration of the

effects left by the deceased, and these letters shall be delivered to him with such-

limitations and for such time as to such Court may seem right.

2. If, however, the deceased leaves in the country of his or her decease and in

the above-named circumstances, any heir or universal legatee of other nationality

than his or her own, or to whom the civil status of his or her father or his or her

mother, as the case may be, cannot be granted, then each of the two Governments may

determine whether the proper Court shall proceed according to law, or shall confide

the collection and administration to the respective Consular officers under the proper

limitations. When there is no Consul-General, Consul, Vice-Consul, or Consular

Agent in the locality where the decease has occurred (in the case contemplated by

the first rule of this Article) upon whom devolves the custody and administration of

the estate, the proper authority shall proceed in these acts until the arrival of the

respective Consular officer.

152 CONVENTION BETWEEN JAPAN AND INDIA

Art. II.—The stipulations of the present Convention shall be applicable, so far

as the laws permit, to all the Colonies and foreign possessions of Her Britannic

Majesty, excepting to those hereinafter named, that is to say, except to

India Natal Tasmania

The Dominion of Canada New South Wales South Australia

Newfoundland Victoria Western Australia

The Cape Queensland New Zealand

Provided always that the stipulations of the present Convention shall be made

applicable to any of the above-named Colonies or foreign possessions, on whose

behalf notice to that effect shall have been given to the Japanese Government by Her

Britannic Majesty’s Representative at Tokyo, within two years from the date of the

exchange of ratifications of the present Convention.

Art. III.—The present Convention shall come into force immediately after the

exchange of the ratifications thereof, and shall remain in force until the 17th July,

1911.

Either high contracting Power shall have the right at any time after the 16th

July, 1910, to give notice to the other of its intention to terminate the same, and at

the expiration of twelve months after such notice is given this Convention shall

wholly cease and determine.

Art. IV.—The present Convention shall be ratified, and the ratifications thereof

shall be exchanged at Tokyo as soon as possible, and not later than six months from

the present date.

In witness whereof the respective Plenipotentiaries have signed the same, and

have affixed thereto the seal of their arms.

Done at Tokyo, in duplicate, this 26th day of April, nineteen hundredth year

of the Christian era.

[l.s.] Ernest Mason Satow.

Siuzo Vicomte Akoi.

CONVENTION REGARDING THE COMMERCIAL

RELATIONS BETWEEN JAPAN AND INDIA

Signed at Tokyo on the 29th day of August, 1904

His Majesty the Emperor of Japan and His Majesty the King of the United

Kingdom of Great Britain and Ireland and of the British Dominions beyond the

Seas, Emperor of India, being equally desirous of facilitating the commercial

relations between Japan and India have resolved to conclude a Convention to that

■effect, and have named as their respective Plenipotentiaries :

His Majesty the Emperor of Japan, Baron Jutaro Komura, Jusammi, Eirst

Class of the Imperial Order of the Rising Sun, His Imperial Majesty’s Minister of

State for Foreign Affairs ; and

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

and of the British Dominions beyond the Seas, Emperor of India, Sir Claude

Maxwell Macdonald, Knight Grand Cross of the Most Distinguished Order of St.

Michael and St. George, Knight Commander of the Most Honourable Order of the

Bath, His Britannic Majesty’s Envoy Extraordinary and Minister Plenipotentiary;

CONEVENTION BETWEEN JAPAN AND INDIA 153

Who, having reciprocally communicated their full powers, found in good and due

form, have agreed as follows:—

Art. I.—Any article, the produce or manufacture of the dominions and posses-

sions of His Majesty the Emperor of Japan, shall enjoy, upon importation into India

the lowest customs duties applicable to similar products of any other foreign origin.

Art. II.—Reciprocally any article, the produce or manufacture of India, shall

enjoy, upon importation into the dominions and possessions of His Majesty the

Emperor of Japan, the lowest customs duties applicable to similar products of any

other foreign origin.

Art. III.—The privileges and engagements of the present Convention shall

extend to Native States of India which by treaty with His Britannic Majesty or

otherwise may be entitled to be placed with regard to the stipulations of the

Convention on the same footing as British India.

His Britannic Majesty’s Government shall communicate from time to time to

the Imperial Government of Japan a list gf these States.

Art. IY.—The present Convention shall be ratified and the ratifications shall be

exchanged at Tokyo as soon as possible. It shall come into effect immediately after

the exchange of ratifications, and shall remain in force until the expiration of six

months from the day on which one of the high contracting parties shall have

announeed the intention of terminating it.

In witness whereof the above-mentioned Plenipotentiaries have signed tbe

present Convention and have affixed thereto their seals.

Done in duplicate at Tokyo, in the Japanese and English languages, this 29th

day of the 8th month of the 37th year of Meiji, corresponding to the 29th day of

August of the year one thousand nine hundred and four.

[l. s.] Baron Jutako Komura,

His Imperial Japanese Majesty's

Minister of State for Foreign Affairs.

[l. s.] Claude M. Macdonald,

His Britannic Majesty's Envoy

Extraordinary and Minister Plenipotentiary.

TREATY OF COMMERCE AND NAVIGATION BETWEEN

GREAT BRITAIN AND JAPAN

Signed at London, 3rd April, 1911

Preamble

His Majesty the Emperor of Japan and His Majesty the King of the United

Kingdom of Great Britain and Ireland and of the British Dominions beyond the

Seas, Emperor of India, being desirous to strengthen the relations of amity and

good understanding which happily exist between them and between their subjects,

and to facilitate and extend the commercial relations between their two countries,

have resolved to conclude a Treaty of Commerce and Navigation for that purpose,

and have named as their Plenipotentiaries, that is to say:

154 TREATY OF COMMERCE AND NAVIGATION

His Majesty the Emperor of Japan, His Excellency Monsieur Talcaaki Kato,

Jusammi, First Class of the Order of the Sacred Treasure, His Imperial Majesty’s

Ambassador Extraordinary and Plenipotentiary at the Court of St. James; and His

Majesty the King of the United Kingdom of Great Britain and Ireland and of the

British Dominions beyond the Seas, Emperor of India, the Right Honourable Sir

Edward Grey, a Baronet of the United Kingdom, a Member of Parliament, His

Majesty’s Principal Secretary of State for Foreign Affairs; who, after having com-

municated to each other their respective full powers, found to be in good and due

form, have agreed upon the following Articles:—

Art. I.—The subjects of each of the high contracting parties shall have full

liberty to enter, travel, and reside in the territories of the other, and, conforming

themselves to the laws of the country—

1. —Shall in all that relates to travel and residence be pla

the same footing as native subjects.

2. —They shall have the right, equally with native subj

commerce and manufacture, and to trade in all kinds of merchandise of lawful com-

merce, either in person or by agents, singly or in partnerships with foreigners or

native subjects.

3. —They shall in all that relates to the pursuit of their in

fessions, and educational studies be placed in all respects on the same footing as the

subjects or citizens of the most favoured nation.

4. —They shall be permitted to own or hire and occupy h

warehouses, shops, and premises which may be necessary for them, and to leas0

land for residential, commercial, industrial, and other lawful purposes, in the sam0

manner as native subjects.

5. —They shall, on condition of reciprocity, be at full

possess every description of property, movable or immovable, which the laws of the

country permit or shall permit the subjects or citizens of any other foreign country

to acquire and possess, subject always to the conditions and limitations prescribed in

such laws. They may dispose of the same by sale, exchange, gift, marriage, testa-

ment, or in any other manner, under the same conditions which are or shall be estab-

lished with regard to native subjects. They shall also be permitted, on compliance

with the laws of the country, freely to export the proceeds of the sale of their pro-

perty and their goods in general without being subjected as foreigners to other or

higher duties that those to which subjects of the country would be liable under

similar circumstances.

6. —They shall enjoy constant and complete protection

persons and property; shall have free and easy access to the Courts of Justice and

other tribunals in pursuit and defence of their claims and rights; and shall have full

liberty, equally with native subjects, to choose and employ lawyers and advocates to

represent them before such Courts and tribunals; and generally shall have the same

rights and privileges as native subjects in all that concerns the administration

of justice.

7. —They shall not be compelled to pay taxes, fees, charg

any kind whatever other or higher than those which are or may be paid by native

subjects or the subjects or citizens of the most favoured nation.

8-—And

all that relatesthey shall enjoy

to facilities for awarehousing

perfect equality

underof bond,

treatment with and

bounties, nativedrawbacks.

subjects in

Art. II.—The subjects of each of the high contracting parties in the territories

of the other shall be exempted from all compulsory military services, whether in the

army, navy, national guard, or militia; from all contributions imposed in lieu of

personal service; and from all forced loans and military requisitions or contributions

unless imposed on them equally with native subjects as owners, lessees, or occupiers

of immovable property.

BETWEEN GREAT BRITAIN AND JAPAN 155

In the above respects the subjects of each of the high contracting parties shall

not be accorded in the territories of the other less favourable treatment than that

which is or may be accorded to subjects or citizens of the most favoured nation.

Art. III.—The dwellings, warehouses, manufactories, and shops of the subjects

of eacb of the high contracting parties in the territories of the other, and all pre-

mises appertaining thereto used for lawful purposes, shall be respected. It shall not

be allowable to proceed to make a domiciliary visit to, or a search of, any such

buildings and premises, or to examine or inspect books, papers, or accounts, except

under the conditions and with the forms prescribed by the laws for native subjects.

Art. IV.—Each of the high contracting parties may appoint Consuls-General,

Consuls, Vice-Consuls, and Consular Agents in all ports, cities, and places of the

other, except in those where it may not be convenient to recognise such officers.

This exception, however, shall not be made in regard to one of the high contracting

parties without being made likewise in regard to all other Powers.

Such Consuls-General, Consuls, Vice-Consuls, and Consular Agents, having re-

ceived exequaturs or other sufficient authorisations from the Government of the

country to which they are appointed, shall have the right to exercise their functions,

and to enjoy the privileges, exemptions, and immunities which are or may be granted

to the Consular officers of the most favoured nation. The Government issuing ex-

equaturs or other authorisations has the right in its discretion to cancel the same on

explaining the reasons for which it is thought proper to do so.

Art. V.—In case of the death of a subject of one of the high contracting

parties in the territories of the other, without leaving at the place of his decease any

person entitled by the laws of his country to take charge of and administer the

estate, the competent Consular officer of the State to which the deceased belonged

shall, upon fulfilment of the necessary formalities, be empowered to take custody of

and administer the estate in the manner and under the limitations prescribed by the

law of the country in which the property of the deceased is situated.

The foregoing provision shall also apply in case of a subject of one of the high

contracting parties dying outside the territories of the other, but possessing property

therein, without leaving any person there entitled to take charge of and administer

the estate.

It is understood that in all that concerns the administration of the estates of

deceased persons, any right, privilege, favour, or immunity which either of the high

contracting parties has actually granted, or may hereafter grant, to the Consular

officers of any other foreign State shall be extended immediately and unconditionally

to the Consular officers of the other high contracting party.

Art. VI.—There shall be between the territories of the two high contracting

parties reciprocal freedom of commerce and navigation. The subjects of each of the

high contracting parties shall have liberty freely to come with their ships and

cargoes to all places, ports, and rivers in the territories of the other, which are or

may be opened to foreign commerce, and, conforming themselves to the laws of the

country to which they thus come, shall enjoy the same rights, privileges, liberties,

favours, immunities, and exemptions in matters of commerce and navigation as are

or may be enjoyed by native subjects.

Art. VII.—Articles, the produce or manufacture of the territories of one high

contracting party, upon importation into the territories of the other, from whatever

place arriving, shall enjoy the lowest rates of Customs duty applicable to similar

articles of any other foreign origin.

No prohibition or restriction shall be maintained or imposed on the importation

of any article, the produce or manufacture of the territories of either of the high

contracting parties, into the territories of the other, from whatever place arriving,

which shall not equally extend to the importation of the like articles, being the pro-

duce or manufacture of any other foreign country. This provision is not applicable

to the sanitary or other prohibitions occasioned by the necessity of securing the

safety of persons, or of cattle, or of plants useful to agriculture.

,156 TREATY OF COMMERCE AND NAVIGATION

Art. VIII.—The articles, the produce or manufacture of the United Kingdom, enu-

merated in Part I. of the Schedule annexed to this Treaty, shall not, on importation

into Japan, be subjected to higher Customs duties than those specified in the Schedule.

The articles, the produce or manufacture of Japan, enumerated in Part II. of

the Schedule annexed to this Treaty, shall be free of duty on importation into the

United Kingdom.

Provided that if at any time after the expiration of one year from the date this

Treaty takes effect either of the high contracting parties desires to make a modi-

fication in the Schedule it may notify its desire to the other high contracting party,

and thereupon negotiations for the purpose shall be entered into forthwith. If the

negotiations are not brought to a satisfactory conclusion within six months from the

date of notification, the high contracting party which gave the notification may,

within one month, give six months’ notice to aborgate the present Article, and on

the expiration of such notice the present Article shall cease to have effect, without

prejudice to the other stipulation of this Treaty.

Art. IX.—Articles, the produce or manufacture of the territories of one of the

high contracting parties, exported to the territories of the other, shall not be sub-

jected on export to other or higher charges than those on the like articles ex-

ported to any other foreign country. Nor shall any prohibition or restriction be

imposed on the exportation of any article from the territories of either of the two

High Contracting Parties to the territories of the other which shall not equally

extend to the exportation of the like article to any other foreign country.

Art. X,—Articles, the produce or manufacture of the territories of one of the

high contracting parties, passing in transit through the territories of the other, in

conformity with the laws of the country, shall be reciprocally free from all transit

duties, whether they pass direct, or whether during transit they are unloaded, ware-

housed, and reloaded.

Art. XI.—No internal duties levied for the benefit of the State, local authorities,

or corporations which affect, or may affect, the production, manufacture, or consump-

tion of any article in the territories of either of the high contracting parties shall

for any reason be a higher or more burdensome charge on articles the produce or

manufacture of the territories of the other than on similar articles of native origin.

The produce or manufacture of the territories of either of the high contracting

parties imported into the territories of the other, and intended for warehousing or

transit, shall not be subjected to any internal duty.

Art. XII.—Merchants and manufacturers, subjects of one of the high contract-

ing parties, as well as merchants and manufacturers domiciled and exercising their

commerce and industries in the territories of such party, may, in the territories of

the other, either personally or by means of commercial travellers, make purchases or

collect orders, with or without samples, and such merchanls, manufacturers, and

their commercial travellers, while so making purchases and collecting orders, shall

in the matter of taxation and facilities, enjoy the most favoured nation treatment.

Articles imported as samples for the purposes above-mentioned shall, in each

country, be temporarily admitted free of duty on compliance with the Customs re-

gulations and formalities established to assure their re-exportation or the payment of

the prescribed Customs duties if not re-exported within the period allowed by law.

But the foregoing privilege shall not extend to articles which, owing to their quantity

or value, cannot be considered as samples, or which, owing to their nature, could not

be identified upon re-exportation. The determination of the question of the qualifica-

tion of samples for duty-tree admission rests in all cases exclusively with the com-

petent authorities of the place where the importation is effected.

Art. XIII.—The marks, stamps, or seals placed upon the samples mentioned in

the preceding Article by the Customs authorities of one country at the time of ex-

portation, and the officially-attested list of such samples containing a full description

thereof issued by them, shall by reciprocally accepted by the Customs officials of the

other as establishing their character as samples and exempting them from inspection

except so far as may be necessary to establish that the samples produced are those

BETWEEN GREAT BRITAIN AND JAPAN 157

•enumerated in the list. Tlie Customs authorities of either country may, however,

affix a supplementary mark to such samples in special cases where they may think

this precaution necessary.

Art. XIV. —The Chambers of Commerce, as well as such other Trade Association,

and other recognised Commercial Associations in the territories of the high con-

tracting Parties as may be authorised in this behalf, shall be mutually accepted as

competent authorities for issuing any certificates that may be required for com-

mercial travellers.

Art. XV.—-Limited liability and other companies and associations, commercial,

industrial, and financial, already or hereafter to be organised in accordance with the

laws of either high contracting party, are authorised, in the territories of the others

to exercise their right and appear in the Courts either as plaintiffs or defendants,

-subject to the laws of such other party.

Art. XVI.—Each of the high contracting parties shall permit the importation or

exportation of all merchandise which may be legally imported or exported, and also

the carriage of passengers from or to their respective territories, upon the vessels of

the other; and such vessels, their cargoes, and passengers, shall enjoy the same

privileges as, and shall not be subjected to, any other or higher duties or charges

than national vessels and their cargoes and passengers.

Art. XVII.—In all that regards the stationing, loading, and unloading of vessels

in the ports, docks, roadsteads, and harbours of the high contracting parties, no

privileges or facilities shall be granted by either party to national vessels which are

not equally, in like cases, granted to the vessels of the other country; the intention of

the high contracting parties being that in these respects also the vessels of the two

countries shall be treated on the footing of perfect equality.

Art. XVIII.—All vessels which according to Japanese law are to be deemed

Japanese vessels, and all vessels which according to British law are to be deemed

British vessels, shall, for the purpose of this Treaty, be deemed Japanese and British

vessels respectively.

Art. XIX.—No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or

ether analogous duties or charges of whatever nature, or under whatever denomina-

tion, levied in the name or for the profit of Government, public functionaries, private

individuals, corporations or establishments of any kind, shall be imposed in the ports

of either country upon the vessels of the other which shall not equally, under the

same conditions, be imposed in like cases on national vessels in general, or vessels to

the most-favoured nation. Such equality of treatment shall apply to the vessels of

either country from whatever place they may arrive and whatever may be their

destination.

Art. XX.—Vessels charged with performance of regular scheduled postal service

of one of the high contracting parties shall enjoy in the territorial waters of the

other the same special facilities, privileges, and immunities as are granted to like

vessels of the most favoured nation.

Art. XXI.—The coasting trade of the high contracting parties is excepted from

the provisions of the present Treaty, and shall be regulated according to the laws of

Japan and the United Kingdom respectively. It is, however, understood that the

subjects and vessels of either high contracting party shall enjoy in this respect

most favoured nation treatment in the territories of the other.

other,Japanese andtheBritish

either for vessels

purpose may, nevertheless,

of landing the whole orproceed

part offrom

theironepassengers

port to an-

or

cargoes brought from abroad, or of taking on board the whole or part of their pas-

sengers or cargoes for a foreign destination.

It is also understood that, in the event of the coasting trade of either country being

exclusively reserved to national vessels, the vessels of the other country, if engaged

in trade to or from places not within the limits of the coasting trade so reserved,

shall not be prohibited from the carriage between two ports of the former country of

passengers holding through tickets or merchandise consigned on through bills of lad-

ing to or from places not within the above-mentioned limits, and while engaged in

158 TREATY OF COMMERCE AND NAVIGATION

such carriage these vessels and their cargoes shall enjoy the full privileges of this-

Treaty.

Art. XXII.r—If any seaman should desert from any ship belonging to either of the-

high contracting parties in the territorial waters of the other, the local authorities

shall, within the limits of law, be bound to give every assistance in their power for

the recovery of such deserter, on application to that effect being made to them by the-

competent Consular officer of the country to which the ship of the deserter may belong,

accompanied by an assurance that all expense connected therewith will be repaid.

It is understood that this stipulation shall not apply to the subjects of the-

country where the desertion takes place.

Art. XXIII.—Any vessel of either of the high contracting parties which may be

compelled, by stress of weather or by accident, to take shelter in a port of the other

shall be at liberty to refit therein, to procure all necessary stores, and to put to sea

again, without paying any dues other than such as would be payable in the like case

by a national vessel. In case, however, the master of a merchant-vessel should bo-

under the necessity of disposing of a part of his merchandise in order to defray the-

expenses, he shall be bound to conform to the Regulations and Tariffs of the place to-

which he may have come.

If any vessel of one of the high contracting parties should run aground or be-

wrecked upon the coasts of the other, such vessel, and all parts thereof, and all

furniture and appurtenances belonging thereunto, and all goods and merchandise-

saved therefrom, including any which may have been cast into the sea, or the pro-

ceeds thereof, if sold, as well as all papers found on board such stranded or wrecked,

vessel, shall be given up to the owners or their agents when claimed by them. If

there are no such owners or agents on the spot, then the same shall be delivered to*

the Japanese or British Consular officer in whose district the wreck or stranding may

have taken place upon being claimed by him within the period fixed by the laws of

the country, and such Consular officer, owners, or agents shall pay only the expenses

incurred in the preservation of the property, together with the salvage or other ex-

penses which would have been payable in the like case of a wreck or stranding of a

national vessel.

The high contracting parties agree, moreover, that merchandise saved shall not

be subjected to the payment of any Customs duty unless cleared for internal con-

sumption.

In the case either of a vessel being driven in by stress of weather, run aground,,

or wrecked, the respective Consular officers shall, if the owner or master or other

agent of the owner is not present, or is present and requires it, be authorised to

interpose in order to afford the necessary assistance to their fellow-countrymen.

Art. XXIV".—The high contracting pax-ties agree that in all that concerns com-

merce, navigation, and industry, any favour, privilege, or immunity which either

high contracting party has actually granted, or may hereafter grant, to the ships

subjects, or citizens of any other foreign State shall be extended immediately and

unconditionally to the ships or subjects of the other high contracting party, it

being their intention that the commerce, navigation, and industry of each couixtry

shall be placed in all respects on the footing of the most favoured nation.

Art. XXV.—The stipulations of this Treaty do not apply to tariff concessions

granted by either of the high contracting parties to contiguous States solely to

facilitate frontier traffic within a limited zone on each side of the frontier, or to the

treatment accorded to the produce of the national fisheries of the high contracting

parties or to special tariff favours granted by Japan in regard to fish and other

aquatic products taken in the foreign waters in the vicinity of Japan.

Art. XXVI.—The stipulations of the present Treaty shall not be applicable to any

of His Britannic Majesty’s Dominions, Colonies, Possessions, or Protectorates beyond

the Seas, unless notice of adhesion shall have been given on behalf of any such

Dominion, Colony, Possession, or Protectorate by His Britannic Majesty’s Repre-

sentative at Tokyo before the expiration of two years from the date of the exchange

of the ratifications of the present Treaty.

BETWEEN GREAT BRITAIN AND JAPAN 159

Art. XXVII.—The present Treaty shall be ratified, and the ratifications exchanged

at Tokyo as soon as possible. It shall enter into operation on the 17th July, 1911,

and remain in force until the 16th July, 1923. In case neither of the high con-

tracting parties shall have given notice to the other, twelve months before the ex-

piration of the said period, of its intention to terminate the Treaty, it shall continue

operative until the expiration of one year from the date on which either of the high

contracting parties shall have denounced it.

As regards the British Dominions, Colonies, Possessions, and Protectorates to

which the present Treaty may have been made applicable in virtue of Article XXVI.,

however, either of the high contracting parties shall have the right to tenninate it

separately at any time on giving twelve months’ notice to that effect.

It is understood that the stipulations of the present and of the preceding Article

referring to British Dominions, Colonies, Possessions, and Protectorates apply also

to the island of Cyprus.

In witness whereof the respective Plenipotentiaries have signed the present

Treaty, and have affixed thereto the seal of their arms.

Done at London in duplicate this 3rd day of April, 1911.

(Signed) Takaaki Kato [l.s.]

„ E. Crey ,,

SCHEDULE

No. in Japanese Description of

Statutory Tariff. Article. We4h°t

.266.—Paints:—

4. Other:

A. Each weighing not more than 6 kilogrammes including the

weight of the receptacle 100 kins 4.25

(including receptacles)

B. Other 100 kins 3.30

275.—Linen Yarns:—

1. Single:

A. Gray 8.60

B. Other 9.25

298.—Tissues of Cotton:—

1. Velvets, plushes, and other pile tissues, with piles cut or uncut:

A. Gray 25.50

B. Other ... 30.00

7. Plain'tissues, not otherwise provided for:

A. Gray:

A1. Weighing not more than 5 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

a. 19 threads or less 15.30

fe. 27 „ „ 20.70

c. 35 „ „ 28.70

d. 43 „ „ 38.00

e. More than 43 threads ... 51.30

160 TREATY OF COMMERCE AND NAVIGATION

No. in Japanese Description of Unit of

Statutory Tariff. Article. Weight, ^en

A2. Weighing not more than 10 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

a. 19 threads or less 100 kins 8.30-

b. 27 „ „ „ 10.50

c. 35 „ „ „ 13.50

d. 43 „ „ „ 16.50-

e. More than 43 threads „ 18.70

Ao. Weighing not more than 20 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

a. 19 threads or less „ 6.70'

b. 27 „ „ „ 8.30'

c. 35 „ „ „ 10.50

d. 43 „ „ „ 13.50-

e. More than 43 threads „ 14.70-

A4. Weighing not more than 30 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

a. 19 threads or less „ 6.00*

b. 27 „ „ „ 6.70

c. 35 „ „ „ 8.00

d. 43 „ „ „ 10.70

e. More than 43 threads ,, 13.30

A5. Other „ 9.30

B. Bleached simply ...The above duties on gray tissues plus 3 yen per 100 kins

O. .Other ,, „ „ 7 „ „

299. Other:

A. Gray:

Al. Weighing not more than 5 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

19 threads or less ... 100 kins 16.00

27 „ 21.30

c. 35 „ 29.30

d. 43 „ 39.30

e. More than 43 threads „ 53.30

A2. Weighing not more than 10 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

a. 19 threads or less ... 8.00

ftc.- 27 10.00

35 ,, ,, 14.30

d. 43 18.00

e. More than 43 threads 20.00

A3. Weighing not more than 20 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

a. 27 threads or less 8.00

b. 35 „ „ 11.30

c. 43 15.00

d. More than 43 threads 18.80

BETWEEN GEEAT BRITAIN AND JAPAN 161

e

No. in Japanese Description of Unit of ?^

ot .

StatutoryJ Tariff. Article. &

Weight. in Yen.

J.4. Weigbing not more than 30 kilogrammes per 100 square

metres, and having in a square of 5 millimetres side in

warp and woof:

a. 27 threads or less ICO kins 7.30

b. 35 „ „ „ 8.70

c. 43 „ „ „ 11.30

d. More than 43 threads „ 14.70

A5. Other ... „ 10.00

B. Bleached simply ... The above duties on gray tissues plus 3 yen per 100 kins

C. Other „ „ „ „ 7

301.—Tissues of wool, and mixed tissues of wool and cotton, of wool and silk, or of

wool, cotton and silk :—

2. Other:

A. Of wool:

b. Weighing not more than 200 grammes per square metre ...100 kins 57.50

c. „ „ 500 „ „ ... „ 45.00

d. Other „ 40.00

B. Of wool and cotton :

c. Weighing not more than 500 grammes per square metre ... „ 30.00

d. Other „ 18.00

462.—Iron: —

1. In lumps, ingots, blooms, billets and slabs :

A. Pig iron 00.83

4. Plates and Sheets :

A. Not coated with metals :

AS. Other:

a. Not exceeding 0.7 millimetres in thickness „ 0.30

B. Coated with base metals:

PI. Tinned (tinned iron sheets and tinned steel sheets) :

a. Ordinary ,, 0.70

P2. Galvanised (corrugated or not) „ 1.20

Part IT.

1. —Habutae or pure silk, not dyed or printed.

2. —Handkerchiefs or habutae or pure silk, not dyed or printed.

3. —Copper, unwrought, in ingots and slabs.

4. —Plaiting or straw and other materials.

5. —Camphor and camphor oil.

6. —Baskets (including trunks) and basketware of bamboo.

7. —Mats and matting of rush.

8. —Lacquered wares, coated with Japanese lacquer (JJrusJii).

9. —Rape-seed oil.

10.—Cloisonne wares.

6

UNITED STATES OF AMERICA

EXTRADITION TREATY BETWEEN THE UNITED STATES

OE AMERICA AND JAPAN

Signed at Tokyo, on the 29th April, 1886

Ratified at ToTtyo, on the 27th September, 1886

His Majesty the Emperor of Japan and the President of the United States of

America having judged it expedient, with a view to the better administration of

Justice and to the prevention of crime within the two countries and their jurisdictions

that persons charged with or convicted of the crimes or offences hereinafter named

and being fugitives from justice, should, under certain circumstances, be reciprocally

delivered up, they have named as their Plenipotentiaries to conclude a Treaty for this

purpose, that is to say :

His Majesty the Emperor of Japan, Count Inouye Kaoru, Jusammi, His Imperial

Majesty’s Minister of State for Foreign Affairs, First Class of the Order of the Rising

Sun, etc., etc., etc., and the President of the United States of America, Richard B.

Hubbard, their Envoy Extraordinary and Minister Plenipotentiary near His Imperial

Majesty the Emperor of Japan, who, after having communicated to each other their

respective full powers, found in good and due form, have agreed upon and concluded

the following Articles:

Art. I.—The High Contracting Parties engage to deliver up to each other, under

the circumstances and conditions stated in the present Treaty, all persons who, being

accused or convicted of one of the crimes or offences named below in Article II., and

committed within the jurisdiction of the one party, shall be found within the jurisdic-

tion of the other party.

Art. II.—1.—Murder and assault with intent to commit murder.

2.—Counterfeiting or altering money, or uttering or bringing into circulation

counterfeit or altered money, counterfeiting certificates or coupons of public indebted-

ness, bank notes, or other instruments of public credit of either of the patries, and

the utterance or circulation of the same.

3-—Forgery, or altering and uttering what is forged or altered.

4.

the jurisdiction of either—Embezzlement or criminal malversation of the p

party, by the public officers or depositaries.

5. —Robbery.

6. —Burglary, defined to be the breaking and ente

house of another person with the intent to commit a felony therein ; and the act of

breaking and entering the house of another, whether in the day or night time, with

the intent to commit a felony therein.

ment7*—The act ofauthorities,

and public entering, oror ofthebreaking

offices ofand entering,

banks, the offices ofsavings-banks,

banking-houses, the Govern-

trust companies, insurance or other companies, with the intent to commit a felony

therein.

8-—Perjury or subornation of perjury.

9.—Rape.

10.—Arson.

II"—Piracy by the law of nations.

EXTRADITION TREATY BETWEEN THE UNITED STATES AND JAPAN 163

12. —Murder, assault with intent to kill, and manslaughter co

high seas, on board a ship bearing the flag of the demanding country.

13. —Malicious destruction of, or attempt to destroy, railways

bridges, dwellings, public edifices, or other buildings, when the act endangers human

life.

Art. III.—If the person demanded be held for trial in the country on which the

demand is made, it shall be optional with the latter to grant extradition or to proceed

with the trial: Provided that, unless the trial shall be for the crime for which the fugitive

is claimed, the delay shall not prevent ultimate extradition.

Art. IV.—If it be made to appear that extradition is sought with a view to try

or punish the person demanded for an offence of a political character, surrender shall

not take place, nor shall any person surrendered be tried or punished for any political

offence committed previously to his extradition, or for any offence other than that in

respect of which the extradition is granted.

Art. V.—The requisition for extradition shall be made through the diplomatic

agents of the contracting parties, or, in the event of the absence of these from the

country or its seat of Government, by superior Consular oificers.

If the person whose extradition is requested shall have been convicted of a crime,

a copy of the sentence of the Court in which he was convicted, authenticated under

its seal, and an attestation of the official character of the judge by the proper executive

authority, and of the latter by the Minister or Consul of Japan or of the United

States, as the case may be, shall accompany the requisition.

When the fugitive is merely charged with crime, a duly authenticated copy of

the warrant of arrest in the country making the demand and of depositions on which

such warrant may have been issued, must accompany the requisition.

The fugitive shall be surrendered only on such evidence of criminality as

according to the laws of the place where the fugitive or person so charged shall be

found would justify his apprehension and commitment for trial if the crime had been

there committed.

Art. YI.—On being informed by telegraph, or other written communication

through the diplomatic channel, that a lawful warrant has been issued by competent

aulhority upon probable cause for the arrest of a fugitive criminal charged with any

of the crimes enumerated in Article II. of this Treaty, and on being assured from the

same source that a request for the surrender of such criminal is about to be made in

accordance with the provisions of this Treaty, each Government will endeavour tn

procure, so far as it lawfully may, the provisional arrest of such criminal, and keep

him in safe custody for a reasonable time, not exceeding two months, to await the

production of the documents upon which claim for extradition is founded.

Art. VII.—Neither of the contracting parties shall be bound to deliver up its

own subjects or citizens under the stipulations of this convention, but they shall have

the power to deliver them up if in their discretion it be deemed proper to do so.

Art. VIII.—The expenses of the arrest, detention, examination, and transporta*

tion of the accused shall be paid by the Government which has requested the extradi-

tion.

Art. IX.—The present Treaty shall come into force sixty days after the exchange

of the ratifications thereof. It may be terminated by either party, but shall remain

in force for six months after notice has been given of its termination.

The Treaty shall be ratified, and the ratifications shall be exchanged at Washington

as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the present Treaty

in duplicate and have thereunto affixed their seals.

Done at the city of Tokyo, the twenty-ninth day of the fourth month of the

nineteenth year of Meiji, corresponding to the twenty-ninth day of April in the

eighteen hundred and eighty-sixth year of the Christian era.

(Signed) [l.s.] Inouye Kaoru.

„ „ Richard B. Hubbard.

G*

RUSSIA

TREATY OE PEACE BETWEEN JAPAN AND RUSSIA

Signed at Portsmouth, U.S.A., August 23rd, 1905

Ratified November 5th, 1905

His Majesty the Emperor of Japan on the one part, and His Majesty the

Emperor of all the Russias on the other part, animated by the desire to restore the

blessings of peace to their countries and peoples, have resolved to conclude a Treaty

of Peace, and have, for this purpose, named their Plenipotentiaries, that is to say:—

His Majesty the Emperor of Japan, His Excellency Baron Komura Jutaro,

Jusammi, Grand Cordon of the Imperial Order of the Rising Sun, His Minister for

Foreign Affairs, and His Excellency M. Takahira Kogoro, Jusammi, Grand Cordon

of the Imperial Order of the Sacred Treasure, His Envoy Extraordinary and

Minister Plenipotentiary to the United States of America; and His Majesty the

Emperor of all the Russias, His Excellency M. Serge Witte, His Secretary of State

and President of the Committee of Ministers of the Empire of Russia, and His

Excellency Baron Roman Rosen, Master of the Imperial Court of Russia and His

Ambassador Extraordinary and Plenipotentiary to the United States of America;

Who, after having exchanged their full powers, which were found to be in good

and due form, have concluded the following Articles:—

Art. I.—There shall henceforth be peace and amity between Their Majesties the

Emperor of Japan and the Emperor of all the Russias, and between their respective

States and subjects.

Art. II.—The Imperial Russian Government, acknowledging that Japan

possesses in Korea paramount political, military, and economical interests, engage

neither to obstruct nor interfere with the measures of guidance, protection, and

control which the Imperial Government of Japan may find it necessary to take

in Korea.

It is understood that Russian subjects in Korea shall be treated exactly in the

same manner as the subjects or citizens of other foreign Powers, that is to say,

they shall be placed on the same footing as the subjects or citizens of the most

favoured nation.

It is also agreed that, in order to avoid all cause of misunderstanding, the two

high contracting parties will abstain, on the Russo-Korean frontier, from taking

any military measure which may menace the security of Russian or Korean territory.

Art. III.—Japan and Russia mutually engage—

(1.) To evacuate completely and simultaneously Manchuria, except the territory

afiected by the lease of the Liaotung Peninsula, in conformity with the provisions of

additional Article I. annexed to this Treaty; and

(2.) To restore entirely and completely to the exclusive administration of China

all portions of Manchuria now in the occupation or under the control of the Japanese

or Russian troops, with the exception of the territory above mentioned.

The Imperial Government of Russia declare that they have not in Manchuria any

territorial advantages or preferential or exclusive concessions in impairment of.

•Chinese sovereignty or inconsistent with the principle of equal opportunity.

Art. IV.—Japan and Russia reciprocally engage not to obstruct any general

measures common to all countries which China may take for the development of the

commerce and industry of Manchuria.

TREATY BETWEEN JAPAN AND RUSSIA 165

Art. V.—The Imperial Russian Government transfer and assign to the Imperial

Government of Japan, with the consent of the Government of China, the lease of

Port Arthur, Talien, and adjacent territory and territorial waters, and all rights,

privileges, and concessions connected with or forming part of such lease, and they

also transfer and assign to the Imperial Government of Japan all public works and

properties in the territory affected by the above-mentioned lease.

The two high contracting parties mutually engage to obtain the consent of

the Chinese Government mentioned in the foregoing stipulation.

The Imperial Government of Japan on their part undertake that the proprietary

rights of Russian subjects in the territory above referred to shall be perfectly

respected.

Art. YI.—The Imperial Russian Government engage to transfer and assign to

the Imperial Government of Japan, without compensation and with the consent of

the Chinese Government, the railway between Chang-chun (Kuan-cheng-tzu) and

Port Arthur and all its branches, together with all rights, privileges, and properties

appertaining thereto in that region, as well as all coal mines in the said region

belonging to or worked for the benefit of the railway.

The two high contracting parties mutually engage to obtain the consent of the

Government of China mentioned in the foregoing stipulation.

Art. VII.—Japan and Russia engage to exploit their respective railways in

Manchuria exclusively for commercial and industrial purposes and in no wise for

strategic purposes.

It is understood that restriction does not apply to the railway in the territory

affected by the lease of the Liaotung Peninsula.

Art. VIII.—The Imperial Governments of Japan and Russia, with a view to

promote and facilitate intercourse and traffic, will as soon as possible conclude a

separate convention for the regulation of their connecting railway services in

Manchuria.

Art. IX.—The Imperial Russian Government cede to the Imperial Government

of Japan in perpetuity and full sovereignty the southern portion of the Island of

Saghalien and all islands adjacent thereto, and all public works and properties

thereon. The fiftieth degree of North latitude is adopted as the northern boundary

of the ceded territory. Exact alignment of such territory shall be determined in

accordance with the provisions of additional Article II. annexed to this Treaty.

Japan and Russia mutually agree not to construct in their respective possessions

on the Island of Saghalien or the adjacent islands, any fortifications or other similar

military works. They also respectively engage not to take any military measures

which may impede the free navigation of the Straits of La Perouse and Tartary.

Art. X.—It is reserved to the Russian subjects, inhabitants of the territory

ceded to Japan, to sell their real property and retire to their country; but, if they

prefer to remain in the ceded territory, they will be maintained and protected in the

full exercise of their industries and rights of property, on condition of submitting to

Japanese laws and jurisdiction. Japan shall have full liberty to withdraw the right

of residence in, or to deport from, such territory, any inhabitants who labour

under political or administrative disability. She engages, however, that the

proprietary rights of such inhabitants shall be fully respected.

Art. XI.—Russia engages to arrange with Japan for granting to Japanese

subjects rights of fishery along the coasts of the Russian possessions in the Japan

Okhotsk, and Behring Seas.

It is agreed that the foregoing engagement shall not affect rights already be-

longing to Russian or foreign subjects in those regions.

Art. XII.—The Treaty of Commerce and Navigation between Japan and

Russia having been annulled by the war, the Imperial Governments of Japan and

Russia engage to adopt as the basis of their commercial relations, pending the

conclusion of a new Treaty of Commerce and Navigation on the basis of the Treaty

which was in force previous to the present war, the system of reciprocal treatment

>on the footing of the most favoured nation, in which are included import and export

TREATY BETWEEN JAPAN AND RUSSIA

duties, Customs formalities, transit and tonnage dues, and the admission and treat-

ment of the agents, subjects, and vessels of one country in the territories of the other.

Art. XIII.—As soon as posible after the present Treaty comes into force, all

prisoners of war shall be reciprocally restored. The Imperial Governments of Japan

and Russia shall each appoint a special Commissioner to take charge of prisoners.

All prisoners in the hands of one Government shall be delivered to and received by

the Commissioner of the other Government or by his duly auothorised representative,

in such convenient numbers and at such convenient ports of the delivering State as

such delivering State shall notify in advance to the Commissioner of the receiving

State.

The Governments of Japan and Russia shall present to each other as soon as

possible after the delivery of prisoners has been completed, a statement of the direct

expenditures respectively incurred by them for the care and maintenance of prisoners

from the date of capture or surrender up to the time of death or delivery. Russia

engages to repay to Japan, as soon as possible after the exchange of the statements

as above provided, the difference between the actual amount so expended by Japan

and the actual amount similarly disbursed by Russia.

Art. XIV.—The present Treaty shall be ratified by Their Majesties the

Emperor of Japan and the Emperor of all the Russias. Such ratification shall, with

as little delay as possible and in any case not later than fifty days from the date of

the signature of the Treaty, be announced to the Imperial Governments of Japan and

Russia respectively through the French Minister in Tokyo and the Ambassador of

the United States in St. Petersburg, and from the date of the later of such

announcements this Treaty shall in all its parts come into full force.

The formal exchange of the ratifications shall take place at Washington as soon

as possible.

Art. XV.—The present Treaty shall be signed in duplicate in both the English

and French languages. The texts are in absolute conformity, but in case of dis-

crepancy in interpretation the French text shall prevail.

In witness whereof the respective Plenipotentiaries have signed and affixed their

seals to the present Treaty of Peace.

Done at Portsmouth (New Hampshire), this fifth day of the ninth month of the

thirty-eighth year of Meiji, corresponding to the twenty-third day of August (fifth

September N.S.), one thousand nine hundred and five.

Serge Witte. Jutaro Eomura.

Rosen. K. Takahira.

Supplementary Agreement

In conformity with the provisions of Articles III. and IX. of the Treaty of

Peace between Japan and Russia of this date, the undersigned Plenipotentiares have

concluded the following additional Articles :—

I. To Art. III.—The Imperial Governments of Japan and Russia mutually

engage to commence the withdrawal of their military forces from the territory of

Manchuria simultaneously and immediately after the Treaty of Peace comes into

operation; and within a period of eighteen months from that date the armies of the

two countries shall be completely withdrawn from Manchuria, except from the leased

territory of the Liaotung Peninsula.

The forces of the two countries occupying the front positions shall be first

withdrawn.

The high contracting parties reserve to themselves the right to maintain guards

to protect their respective railway lines in Manchuria. The number of such guards

TKEA.TY BETWEEN JAPAN AND RUSSIA 167

shall not exceed fifteen per kilometre, and within that maximum number the Com-

manders of the Japanese and Russian armies shall, by common accord, fix the

number of such guards to be employed, as small as possible having in view the actual

requirements.

The Commanders of the Japanese and Russian forces in Manchuria shall agree

upon the details of the evacuation in conformity with the above principles, and shall

take by common accord the measures necessary to carry out the evacuation as soon

as possible and in any case not later than the period of eighteen months.

II. To Art. IX.—As soon as possible after the present Treaty comes into force

a Commission of Delimitation, composed of an equal number of members to be

appointed respectively by the two high contracting parties, shall on the spot mark

in a permanent manner the exact boundary between the Japanese and Russian

possessions on the Island of Saghalien. The Commission shall be bound, so far as

topographical considerations permit, to follow the fiftieth parallel of North latitude

as the boundary line, and in case any deflections from that line at any points are

found to be necessary, compensation will be made by correlative deflections at other

points. It shall also be the duty of the said Commission to prepare a list and de-

scription of the adjacent islands included in the cession, and finally the Commission

shall prepare and sign maps showing the boundaries of the ceded territory. The work

of the Commission shall be subject to the approval of the high contracting parties.

The foregoing additional Articles are to be considered as ratified with the

ratification of the Treaty of Peace to which they are annexed.

Portsmouth, the 5th day, 9th month, 38th year of Meiji, corresponding to the

23rd August (5th September N.S.), 1905.

Serge Witte. Jutaro Komura,

Rosen. K. Takahira.

AGREEMENT RELATING TO CHINA, 1907

The Government of His Majesty the Emperor of Japan and the Government of

His Majesty the Tsar of all the Russias, being desirous of strengthening the peaceful,

friendly, and neighbourly relations now happily restored between Japan and Russia,

and also of removing all possible future cause of misunderstanding in the relations

of the two Powers, have entered into the following agreements:—

Art. I.—Each of the high contracting parties agrees to respect the present

territorial integrity of the other, as well as all the rights arising out of Treaties, Con-

ventions, and Contracts now in force between them and China, copies of which have

been exchanged between the contracting parties, so far as the said rights are

not incompatible with the principle of equal opportunity enunciated in the Treaty

signed at Portsmouth on September 5th, 1905, i.e., August 23rd in the Russian

Calendar, and other special conventions concluded between Japan and Russia.

Art. II.—The two high contracting parties agree to recognise the independence

and the territorial integrity of the Chinese Empire, and the principle of equal op-

portunity for the commerce and industry of all nations in the said Empire, and they

engage to uphold and defend the maintenance of the status quo and the respect of

that principle by all the peaceful means possible to them.

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

ments, have signed this Agreement and have affixed thereto their seals.

Done at St. Petersburg, the 30th day of the seventh month of the 40th year of

Meiji, corresponding to 17th of July, 1907 (Russian Calendar July 30th, 1907).

[l.s.] Ichiro Motono.

ISWOLSKY.

JRUSSO-JAPANESE RAILWAY CONVENTION

Signed at St. Petersburg, May, 1907

The Imperial Government of Japan and the Imperial Government of Russia,

having resolved to conclude a Convention concerning the connection of the Japanese

and the Russian Railways in Manchuria, conformably to the provisions of Art. VIII.

of the Treaty of Peace signed at Portsmouth on September 5 (August 28,

1905, O.S.), the undersigned, Ichiro Motono, Docteur en Droit, Envoy Extraordinary

and Minister Plenipotentiary of Japan; and le Maitre de la Cour Imperial Alexandre

Iswolsky, Minister of Foreign Affairs of Russia, being duly authorized for the

purpose by their respective Governments, have agreed, and concluded the following

Articles, under the title of Provisionary.

Regarding the provisions of this Convention which concern the Southern Man-

churian Railway Company on the one part and the Chinese Eastern Railway Company

on the other, the two Governments enga,ge mutually to take necessary measures to

ensure their prompt execution by the said Companies.

Art. I.—The junction of the sections of the two railways will be made at the

boundary line of the Kuanchengtze station of the Chinese Eastern Railway. The

Southern Manchurian Railway Company shall prolong its line at the gauge adopted

by that Company from the Tchantchun station of the said Company to the limit of the

Kuanchengtze station of the Chinese Eastern Railway and the Chinese Eastern Railway

shall construct a line of the same gauge in continuation to the Japanese line con-

structed by the Southern Manchurian Railway to the platform of the Russian

Kuanchengtze station. The Chinese Eastern Railway shall construct in prolongation

of its line, a railway of the gauge of 1 metre "524 (Russian gauge of 5 English feet)

from the platform of the Russian Kuanchengtze station to the limit of that station, and

the Southern Manchurian Railway Company shall construct a line of the same gauge in

continuation to the prolongation of the Russian Railway constructed by the Chinese

Eastern Railway Company to the Japanese Tchantchun station.

The point of junction of the two sections of the Japanese and Russian railways

and the plans of that junction shall be resolved upon in common accord between the

two companies.

Art. II.—The Southern Manchurian Railway Company as well as the Chinese

Eastern Railway Company shall establish, besides the junction of their lines, direct

communication for passengers and for merchandise, and also all the necessary in-

stallations, in order to effect in the shortest time and with the least expense possible

the transport of the merchandise at the terminal stations, made necessary by the

difference in the width of the gauges.

Each Company reserves the right to decide on the plans of construction within

the limits of its own ground.

Art. III.—Each Company takes charge of all the undertakings mentioned in

Articles I. and II. of the present Convention which entails on them respectively, and

the undertakings shall be executed by the companies with the least possible delay

and as far as possible simultaneously.

RUSSO-JAPANESE RAILWAY CONVENTION

Art. IV.—The maintenance of the tracks, of the installations for transmission

and transport, and all the other accessories upon the ground of each railway shall

respectively be taken charge of by the Companies.

Art. V.—The traffic between the Southern Manchurian Railway and the Chinese

Eastern Railway shall be established conformably to the following conditions :

The passenger trains of the Southern Manchurian Railway, with passengers,

their baggage, and other objects transported by those trains, proceed on the Japanese

track to the Russian station of Kuanchengtze, and the passenger trains of the Chinese

Eastern Railway, with passengers, their baggage, and other objects transported by

those trains, proceed on the Russian track to the Japanese station of Tchantchun.

The freight trains of the Southern Manchurian Railway to proceed on the Chinese

Eastern line come on the Japanese track to the Russian station of Kuanchengtze,

where the delivery and transport of the merchandise to the Russian railway are

effected, and the freight trains of the Chinese Eastern Railway to proceed on the

Southern Manchurian line come by the Russian track to the Japanese station of

Tchantchun, where the delivery and transport of the merchandise to the Japanese

railway are effected.

Art. VI.—The time schedule for the movement of trains, having in view the

connection of the two railways, shall be arranged in common accord by the manage-

ments of the two Railway Companies.

Art. VII.—The passenger fares and freight charges for travelling between the

terminal stations shall be collected : those going from south to north, conformatory

to the tariffs in force on the Southern Manchurian line, and those going from north

to south, conformatory to the tariffs in force on the Chinese Eastern line.

The distribution of the fees collected for transport on the lines of the two Com-

panies shall be made in accordance with an agreement to be concluded between the

managements of the two Companies.

Art. VIII.—Each Company enjoys the right gratuitously and reciprocally to

make use of the connecting line and the installations attached to the service of

transport appertaining to the other.

Art. IX.—The two railway Companies shall organize a train service mutually

co-ordinating and sufficient to ensure regular passenger and merchandise traffic, and

establish regulations and provisions for the service of exploitation, all in conformity

with the interests of that service.

Art. X.—All the provisions to be later adopted on the basis of the present

Convention and concerning the train service, the transportation of passengers, the

transport of merchandise, the signal service, etc., shall be regulated by special

arrangement between the two Companies, with due approval of the respective

Governments. The mutual use of the means of transportation, the relations between

employees of the two railways, as well as the mode of apportioning the quota to each

administration in the distribution of the receipts, shall be regulated subsequently by

similar arrangement.

Art. XI.—In all cases where the management of the two railways cannot agree

on points covered by the present Convention or in general upon all the other points

concerning their reciprocal relations mentioned in the said Convention, the differences

shall be regulated by the decision of the two respective Governments, arrived at in

common after the exchange of views between them on the subject.

In witness whereof the Envoy Extraordinary and Minister Plenipotentiary of

Japan and the Minister of Foreign Affairs of Russia have signed the present Provi-

sionary Convention and affixed their seals thereto.

Done at St. Petersburg in duplicate on the 13th day of the sixth month of the

40th of Meiji, corresponding to May 31 (June 13), 1907.

(Signed) Iswolsky.

„ I. Motono.

170 EUSSO-JAPANESB RAILWAY CONVENTION

Peotocol

At the moment of proceeding to the signature of the Provisionaiy Convention

for the connection of the Japanese and Eussian railways in Manchuria, the two

high contracting parties, judging it useful to settle certain questions relative to the

terminus of Kuanchengtze and to the coal-mines of Shibelin and Taokiatun, the

undersigned, Ichiro Motono, Docteur en Droit, Envoy Extraordinary and Minister

Plenipotentiary of Japan, and le Maitre de la Cour Imperial, Alexandre Iswolsky,

Minister of Foreign Affairs of Russia, have concluded the following:—

Art. I.—It has been agreed between the two high contracting parties that in

principle the terminus of Kuanchengtze and its appendages are the common property

of Japan and Russia, but that, for the sake of practical convenience, the exclusive

ownership of the said terminus and of its appendages shall remain with Russia and

that for it the Russian Government shall pay to the Japanese Government a sum of

560,393 roubles in virtue of compensation for the renunciation by Japan of her rights

of co-ownership of the Kuanchengtze terminus and its appendages.

Art. II.—The Russian Government shall remit to the Japanese Government,

with the briefest possible delay, after the signature of the Provisionary Convention of

the railway connection, in their actual state, all the railways and all the objects

belonging to these railways which are to the South of the point marked N. 2223 in

the plan here annexed, as well as the coal mines at Shibelin and Taokiatun with all

their appendages. Immediately after the signing of the said Convention, the necess-

ary instructions shall be sent by the two Governments of Japan and Russia, on the

one part to the Southern Manchurian Railway Company, and on the other to the

Chinese Eastern Railway, directing the transfer of the said railways and of the

appendages of these railways as well as the aforementioned coal mine.

Art. III.—It is agreed between the two high contracting parties that the

Japanese Government shall subsequently choose a site where shall be constructed

the Japanese terminus of Changchun, between the Russian terminus of Kuanchengtze

and the town of Changchun.

In the event of the construction of the Kirin railway line, the Japanese Govern-

ment shall exert itself to cause the construction by the railway company, outside the

limits of the Changchun terminus, of crossings and viaducts to the points of the said

line and the principal roads between the Russian station of Kuanchengtze and the

town of Changchun.

Art. IV.—The detailed regulations relative to the transfer of passengers and

merchandise from one railway to the other shall be discussed and concluded between

the railway companies interested, with the briefest possible delay, after the signing

of the Provisional Convention relating to railway connection. The place and the

date of the meeting of the Delegates appointed to make these arrangements shall be

subsequently determined in the manner most agreeable to the parties.

Art. V.—It is agreed between the two high contracting parties that the Con-

vention signed this day shall be put in force immediately after the construction of

the provisional Japanese station mentioned in Article III. of the Additional Articles

of the said Convention shall have been completed.

In testimony whereof, the Envoy Extraordinary and Minister Plenipotentiary

of Japan and the Minister of Foreign Affairs of Russia have signed the present

Protocol and affixed thereto their seals.

Done at St. Petersburg in duplicate, this 13th day of the 6th month of the 40th

year of Meiji, corresponding to May 31 (June 13), 1907.